Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 7231 (JK)

NABLA BANO v. UNION TERRITORY OF J AND K (LAKES CONSERVATION AND MANAGEMENT AUTHORITY) AND ANR

WP(C)/1057/2025 · 2025-05-19

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No.3 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1057/2025 CM(2758/2025) NABLA BANO(SENIOR CITIZEN) …Petitioner(s)/appellant(s) Through: Mr. R. A. Bhat, Advocate. Vs. UNION TERRITORY OF J AND K (LAKES CONSERVATION AND MANAGEMENT AUTHORITY) AND ANR ...Respondent(s) Through: Mr. Ileyas Laway, GA. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 19-05-2025 1. Served with the advance copy of the petition, Mr Ileyas Laway, learned Government Advocate, had caused appearance on behalf of the respondent on the previous date of hearing. And was, accordingly, granted time to seek instructions as regards the concerns/grievances that are sought to be made by the petitioner. 2. Today, he has shared with us a copy of the communication dated 15.05.2025, which is retained on record as Mark ‘X’ whereby the J & K Lake Conservation and Management Authority (LCMA), has clarified that the petitioner, even in the year 2015 had obtained some NOCs from concerned departments, though without formally applying for permission from the J & K Lake Conservation and Management Authority (LCMA). Further, 137th meeting of the Building Operation Control Authority (BOCA) was convened on 12.04.2025, wherein all pending applications (107) seeking building permissions, permission for construction, renovation and repairs were placed before the Building Operation Control Authority (BOCA) and were decided. However, the petitioner never applied in consonance with the procedure that is to be followed. Thus, there was no occasion for the authorities to consider her claim. Be that as it may, once the petitioner applies online for any such permission, the Building Permission Authority (BPA) would process the application for seeking necessary reports/NOCs from the concerned departments, whereupon it would be placed before the Building Permission Authority for formal decision. 3. Faced with this, learned counsel for the petitioner submits that he be permitted to withdraw the petition so as to enable the petitioner to move a formal application in terms of the communication dated 15.05.2025, referred to above. 4. Learned counsel for the respondents submits that in the event any such application is moved, the same shall be taken cognizance of without any further loss of time and appropriate orders in accordance with law shall be passed. 5. Dismissed as withdrawn. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 19-05-2025 Aamir