
Srinagar, Mar 20: A local court has restrained the Srinagar Municipal Corporation (SMC) from demolishing a residential house built by a joint family in Jawahar Nagar, citing prolonged administrative inaction on repeated representations.
First Civil Subordinate Judge and Municipal Magistrate Srinagar, Fidah Hussain Nayek, passed the 18-page judgment, issuing a perpetual injunction in favor of plaintiffs Ghulam Nabi Dar and his nephew Mohammad Ayoub Dar. The court noted that the authorities could not act after remaining silent for years despite multiple requests.
The case dates back to the 2014 floods, which rendered the family home damaged and uninhabitable. The plaintiffs had obtained official permission in 2015 to rebuild a two-storey house with an attic. Later, they sought permission to add an additional floor due to the size of their joint family. With no response from authorities, they proceeded with the construction, assuming tacit approval, and also applied separately for regularisation.
The court highlighted that the SMC failed to file a written statement despite repeated opportunities, and evidence showed that the construction was carried out with the knowledge and assistance of the authorities. Administrative inaction contributed to the deviation, the judgment noted.
The SMC has been directed to take a final decision on regularising the additional construction within 60 days, under the rules and ensuring compliance with the Master Plan. The plaintiffs have been asked to submit all necessary documents, including the site map, to facilitate the process.
This ruling underscores the judiciary’s role in ensuring accountability and protecting citizens’ rights against administrative delays.
Srinagar, Mar 20: A local court has restrained the Srinagar Municipal Corporation (SMC) from demolishing a residential house built by a joint family in Jawahar Nagar, citing prolonged administrative inaction on repeated representations.
First Civil Subordinate Judge and Municipal Magistrate Srinagar, Fidah Hussain Nayek, passed the 18-page judgment, issuing a perpetual injunction in favor of plaintiffs Ghulam Nabi Dar and his nephew Mohammad Ayoub Dar. The court noted that the authorities could not act after remaining silent for years despite multiple requests.
The case dates back to the 2014 floods, which rendered the family home damaged and uninhabitable. The plaintiffs had obtained official permission in 2015 to rebuild a two-storey house with an attic. Later, they sought permission to add an additional floor due to the size of their joint family. With no response from authorities, they proceeded with the construction, assuming tacit approval, and also applied separately for regularisation.
The court highlighted that the SMC failed to file a written statement despite repeated opportunities, and evidence showed that the construction was carried out with the knowledge and assistance of the authorities. Administrative inaction contributed to the deviation, the judgment noted.
The SMC has been directed to take a final decision on regularising the additional construction within 60 days, under the rules and ensuring compliance with the Master Plan. The plaintiffs have been asked to submit all necessary documents, including the site map, to facilitate the process.
This ruling underscores the judiciary’s role in ensuring accountability and protecting citizens’ rights against administrative delays.
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