Building Activity

an example, saying if there is a building permission for raising a three storeyed building and the person concerned constructs an additional fourth floor, the additional 4th floor would constitute “unauthorized building”.

“Any deviation from the building permission would always constitute an unauthorized construction,” the court said, adding, “The Tribunal by adopting flawed reasoning which is against the logic and common sense has termed the “unauthorized construction” of the private respondents (owners of the building at HSHS) as authorized one and thereafter set aside the sealing order (by SMC).”

The ground on which the Tribunal has quashed the order of sealing is absolutely “perverse and liable to be set aside.”

Subsequently, the court disposed of the petitions by giving liberty to the owners of the building at HSHS to approach the Commissioner, Srinagar Municipal Corporation with a petition for compounding of the deviations. “If and when such a petition is made by the private respondents before the Commissioner, the same shall be considered by the said authority in the light of the building permission granted in favour of the private respondents, the relevant building byelaws, the zonal plan and all other relevant statutes and guidelines on the subject,” the court said, adding, “The offending portion of the building constructed by the private respondents shall be sealed by the petitioner corporation (SMC) till such time a decision is taken by the Commissioner, Srinagar Municipal Corporation with regard to the question of compounding of deviations.”

In case the deviations are not compounded or regularized by the Commissioner, the court said, the private respondents shall ensure that the offending portion of the building is demolished or, in the alternative, the SMC shall undertake demolition of the offending portion in accordance with law.