SMC’s illegal actions reflect poor functioning of Corporation, observes court while setting aside demolition notice

Mudasir Yaqoob

Srinagar, Dec 12: J&K Special Tribunal, Srinagar, on Tuesday observed that illegal actions by Srinagar Municipal Corporation (SMC) reflect in poor light on the functioning of the Corporation.

The Tribunal presided over by Asif Hamid Khan was hearing Statutory appeal against demolition notice issued by SMC to Basharat Ahmad.

The Tribunal set aside the demolition notice issued by SMC.

It added that SMC Commissioner decides to initiate any action under law in respect of the illegal structure, “it shall have to be in consonance with law.”

“The person at whose instance the illegal construction has been raised shall have to be put on notice prior to such action providing a reasonable opportunity to him to show cause why such action should not be taken,” it said.

“Such illegal actions reflect in poor light on the functioning of the Srinagar Corporation and gives rise to avoidable litigation at the cost of taxpayer’s money,” it added.

The Tribunal observed that by providing copy of the impugned communication to the appellant for obvious reasons, the responsibility of the Commissioner is being transferred to the Tribunal, as observed in a number of cases where the lawful process is circumvented.

“The impugned communication is therefore set aside, with the direction to the Commissioner to follow the mandate of law, as per the enabling provisions of Jammu and Kashmir Municipal Corporation Act, and Jammu and Kashmir Unified (Building) Bye-Laws, 2021,” it said