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Judgment
Rajesh Sekhri, J
Uncontroverted facts of the case are that a respondent was accorded permission for the construction of double storey residential house with a poly-clinic. Subsequently, he applied for construction of two additional floors on the said structure. The said application remained pending with the Chief Executive, Municipal Council, Anantnag (for short “the Sanctioning Authority”). The respondent preferred a Revision petition before Special Tribunal, Srinagar, against the proceedings pending before the Sanctioning Authority, primarily on the ground that it has failed to exercise jurisdiction vested in it under law, as the application filed by the respondent regarding building permission for construction of additional two floors over the existing structure was not processed by compounding the minor deviations.
Vide Order dated 25.07.2022, learned Tribunal directed the Sanctioning Authority to compound minor deviations of 3.7% in excess of the permitted area, noted by its ground staff, covered under the provisions of Jammu and Kashmir Unified Bye-laws 2021. Consequently, the Sanctioning Authority, vide Order dated 04.02.2023, directed the composition/regulation of excess floor area coverage to be considered subject, however, to the following conditions: -
That the applicant must stop use of the structure for running Hospital/putting same to commercial medical use forth with.
That the whole of the structure, which has been put to commercial use by total internal structural change into hospital/clinic, thus, grossly violating the building Permission/unified building bye laws and Master Plan (and the land use having been changed from residential to commercial without any permission from the competent authority) must be altered or rebuilt so as to conform with the approved building plan/permission.
It appears that respondent filed a contempt petition before learned Tribunal on the ground that the order passed by the Tribunal on 25.07.2022, was not complied with and learned Tribunal vide Order dated 30.05.2023, directed the respondents to process the application filed by the respondent for accord of permission for extension of the building in accordance with law and regulations governing the field and submit the status report.
Petitioners have invoked Writ jurisdiction of this Court in terms of Article 227 of the Constitution of India, primarily on the ground that order dated 30.05.2023, passed by learned Tribunal is without jurisdiction inasmuch as there was no direction passed by the Tribunal on 25.07.2022, regarding process of the application filed by the respondent for accord of permission for extension of building.
Heard learned counsels for the parties and perused the record.
Vide Order dated 04.02.2023, the Sanctioning Authority has already directed the compensation/regulation of excess floor area coverage to be considered subject however, to the fulfillment of certain conditions to be complied by the respondent. Mr. M. Rais ud din Ganie, learned Dy. AG appearing for the petitioners has fairly submitted that petitioners are still ready to process the application filed by the respondent for accord of permission for construction of additional floors over the existing structure in accordance with law governing the field and also compound/regularize the excess floor area coverage provided the conditions embodied in the order dated 04.02.2023 passed by the Sanctioning Authority are complied by the respondent.
In view of the above, present Writ petition is disposed of with a direction to the petitioners to compound/regularize the excess floor area coverage i.e. 3.7% in excess of the permitted area subject of-course to the conditions contained in order dated 04.02.2023 to be complied by the respondent and petitioners shall process the application filed by the respondent for permission to raise additional two floors over the existing structure in accordance with the law governing the field.
Disposed of.