Srinagar: The High Court of Jammu & Kashmir and Ladakh has dismissed an appeal filed by two Srinagar residents, upholding the demolition of an illegally constructed multi-storey building in Srinagar outskirts. The appellants, Mohammad Rafiq Sheikh and Bashir Ahmad Sheikh, had approached the court challenging a previous order by a Single Bench that quashed a J&K Special Tribunal ruling which had compounded the building violations.
The case pertains to three separate building permissions issued in favour of the appellants and their father by the Srinagar Development Authority (SDA) for constructing independent hostel and guest house structures on their private land.
Contrary to the sanctioned plans, the appellants combined all three buildings into a single massive commercial complex, blatantly ignoring the mandatory 30-feet setbacks between structures. The unauthorized construction was carried out during the 2016 unrest, despite repeated stop-work notices and even police intervention. The SDA had eventually issued a demolition notice on August 8, 2016.
Subsequently, the appellants managed to secure an interim stay from the J&K Special Tribunal, which later compounded the violations, directing payment of a compounding fee of ₹21.48 lakh for over 42,000 sq. ft. of unauthorized construction. However, the High Court, as per Alfaaz – The Words, observed that such major violations, particularly the construction on prescribed setbacks, were non-compoundable under both the 1998 and 2001 Building Operation Regulations. The court further noted that the Tribunal had no authority to compound the offence in absence of any formal application from the appellants seeking such relief.
Delivering the verdict, the Division Bench comprising Justices Sanjeev Kumar and Sanjay Parihar strongly criticized the appellants for “deliberately” bypassing the law. The court noted that the appellants had tactically applied for three different building permissions to avoid the regulatory restrictions associated with hotel constructions and then merged the structures, resulting in a built-up area more than double the approved limit. It also pointed towards the possible collusion of officials in allowing such large-scale deviations and underscored the need to fix accountability within the SDA.
Rejecting pleas for leniency based on the appellants’ financial investment, the court ruled that equitable relief cannot be granted to those who act in flagrant violation of the law. “He who seeks equity must do equity,” the judgment observed, adding that citizens cannot violate building norms with impunity and later seek judicial compassion.
The court has directed the Srinagar Development Authority to proceed with the demolition of the illegal structure, even if it requires razing the entire complex, within two months and submit a compliance report. The judgment has also been forwarded to the Chief Secretary of Jammu & Kashmir for appropriate action and review.
The court warned that unchecked illegal constructions were degrading the city’s character, choking its roads, and exacerbating flood risks. It urged authorities to wake up from their “slumber” and take concrete steps to hold violators, including officials, accountable. “If this is how they are presenting Srinagar to tourists, we are doing a great disservice,” the court remarked.
