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High Court of Jammu and Kashmir · body

2025 DAILYLAW 9063 (JK)

NOOR MOHAMMAD DAR v. SRINAGAR MUNICIPAL CORPORATION AND ORS.

LPA/224/2025 · 2025-09-29

Shahzad Azeem, Sindhu Sharma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 31 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 224/2025 In WP(C) No. 1499/2024 Noor Mohammad Dar …Appellant/Petitioner(s) Through: Mr. Z. A. Shah, Sr. Advocate with Mr. A. Hanan, Advocate Vs. Srinagar Municipal Corporation and Ors. ...Respondent(s) Through: Mr. Bikramdeep Singh, Dy. AG for R-1 to R-6 Mr. Jahangir Iqbal Ganai, Sr. Advocate with Mr. Owais Ahmad Dar, Advocate for R-7 CORAM: HON’BLE MS JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE O R D E R 29.09.2025 1. The present Letters Patent Appeal (LPA) has been preferred against the Judgment and Order dated 12.08.2025 passed by the Learned Single Judge in WP(C) No. 1499/2024, vide which writ petition filed by the appellant was dismissed. 2. By way of aforesaid writ petition, the appellant/petitioner assailed Order dated 29.05.2024 passed by the J&K Special Tribunal in an appeal arising out of a demolition notice dated 12.05.2022 issued by the Srinagar Municipal Corporation (SMC). The challenge was on the ground that the Tribunal’s order was in contravention of the Building Laws/Byelaws and Zoning Regulations. 3. During the pendency of this appeal, the parties have arrived at settlement to which the official respondents have no objection. 4. Mr. Jahangir Iqbal Ganai, Learned Senior Counsel appearing on behalf of Respondent No. 7, has filed an Affidavit. The deponent has unequivocally undertaken therein to raise construction on the site strictly in accordance with the building permission Order dated 30.11.2021, as modified vide Order dated 19.11.2024. Furthermore, the deponent has affirmed that he shall strictly comply with all the terms and conditions stipulated in the sanctioned order. Para 2 and 3 of the affidavit reads as under:- “2. That the Deponent was granted building permission vide Order No.487 of 2021 dated 30.11.2021. Subsequently in accordance with law, vide Order No. SMC/2024/2893 dated 19.11.2024, sanction was accorded to the regularization of deviations and the order dated 30.11.2021 was modified as per order supra. 3. That the Deponent undertakes that he will raise construction on sport strictly in accordance with the building permission order dated 30.11.2021 as modified vide order dated 19.11.2024 and will strictly comply with all the terms and conditions of the sanctioned order.” 5. With the consensus of learned counsels for the parties and in view of the aforesaid solemn undertaking furnished on affidavit by Respondent No. 7, the present Letters Patent Appeal is disposed of as having been settled. The undertaking made by Respondent No. 7 shall be binding upon him. 6. Disposed of as above. (SHAHZAD AZEEM) (SINDHU SHARMA) JUDGE JUDGE SRINAGAR 29.09.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 29.09.2025 16.43