[Illegal Construction] Officers Who Allow Building Permissions To Be Violated Must Be Penalised: J&K&L High Court
In a strongly worded judgment, the Jammu & Kashmir High Court ordered the demolition of an unauthorized hotel structure constructed in violation of sanctioned building permissions in Srinagar, while voicing serious concern over the rampant unplanned development in the city.
The court said “It is high time that the authorities at the helm of affairs fix the responsibilities of the officer/officers under whose nose the violations take place.”
Calling for a policy overhaul, the Court suggested revisiting building regulations and recommended that penalties be introduced against public officials who allow such violations to occur.
A Division Bench of Justice Sanjeev Kumar, Justice Sanjay Parihar noted that the construction in question involved gross violations of setback requirements, with the total built-up area per floor exceeding 19900 sq. ft., more than double the 9159 sq. ft. permitted under the building plan.
The Court rejected an appeal from the appellants' counsel, Mr. Haqani, who urged the Court to impose a fine instead of ordering demolition, arguing that his clients had invested a huge amount in constructing the property. While acknowledging the appeal, the Court made it clear that equity cannot be sought by those who flout the law.
“He who seeks equity must do equity,” the Bench observed, stressing that those who violate the law with impunity cannot expect leniency under the guise of compassion.
The Court found that three different building permissions were obtained under the guise of constructing hostels and a guest house, but the appellants merged the structures into a single hotel, deliberately bypassing the stricter norms applicable to hotel constructions.
Further, the Court pointed to active collusion of officials from the Srinagar Development Authority (SDA), observing that such large-scale violations could not have occurred without their knowledge or consent. The Court urged the government to hold erring officers accountable:
The Bench also issued strong remarks about the overall urban chaos in Srinagar, citing traffic congestion, encroachments, and unauthorized construction as threats to the city's identity and its role as a tourist and pilgrimage hub.
“Every day we witness traffic jams, encroachments on public roads… If this is how Srinagar is being presented to tourists, we are doing a disservice to the hospitality and tourism sector,” the Court observed.
Accordingly, the Court directed the Srinagar Development Authority (SDA) to proceed with the demolition of the violative structure, even if it means razing the entire building. The SDA has been asked to submit a compliance report within two months, which shall be placed before an appropriate Bench for further directions.
The Registry has also been directed to forward a copy of the judgment to the Chief Secretary of the UT of Jammu & Kashmir for necessary action.
APPEARANCE:
Altaf Haqani, Senior Advocate with Mr. Shakir Haqani, Advocate for petitioners
Ilyas Nazir Laway, Govt. Advocate for respondents.
Case-Title: Mohamad Rafiq Sheikh vs Deputy Director Enforcement, Srinagar Development Authority ,2025