Court says law-abiding residents being reduced to ‘mere spectators’; SMC directed to stop commercial use of disputed building
Srinagar, August 11: The High Court of Jammu & Kashmir and Ladakh has expressed serious concern over the growing instances of building violations, observing that such violations are becoming a “menace” and that the alleged inaction of municipal and other civic authorities is leaving law-abiding residents as “mere spectators.”
The observations were made by Justice Rahul Bharti while hearing a case concerning alleged unauthorised construction and commercial conversion of a residential building in the Khanyar area of Srinagar.
The petitioner had alleged that the residential structure was being converted and used as a commercial hotel/guest house despite alleged violations of building norms and the absence of necessary regularisation or approvals.
During the proceedings, the Court expressed concern over the manner in which building violations are allegedly allowed to continue and reach completion without timely intervention by the concerned authorities.
Justice Rahul Bharti observed that civic authorities are at times found to be turning a “blind eye, by design or default” to such violations. The Court noted that this approach allows unauthorised constructions to attain completion and leaves affected residents facing “frustration and litigation simultaneously.”
The Court observed that when authorities fail to act promptly against violations, law-abiding citizens are effectively left with little option but to approach the courts for relief.
Finding a prima facie case in the matter, the High Court directed the Srinagar Municipal Corporation (SMC) to ensure that the disputed building is not used as a hotel or guest house until the next date of hearing.
The Court made it clear that its direction was to be complied with strictly and warned that permitting the building to be used in violation of the judicial order could result in the concerned authority being held in breach of the Court’s directions.
The observations assume significance amid continuing concerns over unauthorised construction, change of land use and commercialisation of residential properties in Srinagar and other urban areas of Jammu and Kashmir.
The case also highlights the responsibility of municipal and civic authorities to take timely and effective action against building violations instead of allowing disputed constructions to progress to a stage where enforcement becomes difficult and affected residents are compelled to seek judicial intervention.(KNC)
