SHAHNAWAZ PARVEEN AND ANR v. UNION TERRITORY OF J AND K (HOUSING AND URBAN DEVELOPMENT) AND ORS
WP(C)/851/2025 · 2025-04-21
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6983 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6983 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 03 Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 851/2025 CM(2225/2025)
Shahnawaz Parveen And Anr …Petitioner(s) Through: Mr. Javid Hamid, Advocate
VS. Union Territory Of J And K And Ors ...RESPONDENT(S) Through: Mr. Ilyas Nazir Laway, GA
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 21.04.2025
1. By this petition, petitioners have challenged the Building Permission bearing No. SDA/TP/BP/02 of 2022 dated 22.04.2022, granted in favour of respondent No. 05, besides seeking a direction upon the official respondents not to allow respondent No. 5 to raise any construction of a commercial nature in violation of the Master Plan and the sanctioned building permission at the site in question.
2. It is stated that in the year 2022, respondent No. 5 started excavation work for raising construction on the land situated at Housing colony Bemina, Plot No. 808-2/F. Apprehending that respondent No. 5 would raise commercial structure under the guise of residential building, the petitioners approached the Srinagar Development Authority (SDA), projecting violations of the sanctioned building permission.
3. It is further stated that a complaint before the concerned authorities has been filed by the petitioners regarding the construction of a commercial building by respondent No. 5 on the said plot.
4. Learned counsel for the petitioners submits that the petitioners would feel satisfied if the present writ petition is disposed of with a direction to respondent Nos. 2 & 3 to consider their complaint and take appropriate action against the respondent No. 05, in accordance with law.
5. Mr. Ilyas Nazir Laway, learned counsel appearing for the official respondents, submits that he is not averse to the proposition made by the learned counsel for the petitioners.
6. Be that as it may, instant writ petition is disposed of at the threshold with a direction to the official respondents to consider the complaint filed by the petitioners dated 09.02.2024 within a period of one month from the passing of this order, by passing a speaking order thereof. Respondents are further directed to take appropriate action against the respondent No. 05 provided the respondent No. 05 has violated the building permission granted to him in terms of building permission bearing No. SDA/TP/BP/02 of 2022 dated 22.04.2022.
7. Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE SRINAGAR 21.04.2025 Aamir
Amir Rashid Sofi I attest to the accuracy and authenticity of this document 22.04.2025 10:35