SRINAGAR, Aug 12: The High Court of Jammu & Kashmir and Ladakh has restrained the commercial use of a building allegedly constructed in violation of sanctioned permission at Reyazat Tang, Khanyar, Srinagar, directing the Srinagar Municipal Corporation (SMC) to ensure that the premises is not used as a hotel or guest house until the next date of hearing.
The directions were passed by Justice Rahul Bharti while hearing a writ petition filed by Syed Bilal Ahmad Qadri, a resident of the area, who alleged unauthorized construction and the conversion of a residential building into a commercial establishment under the name “Hotel Shady Oaks.”
The petitioner alleged that the owner of the building, Ashiq Hussain Sheikh, had initially undertaken construction under a sanctioned building permission but subsequently sought to use the premises for commercial purposes as a hotel/guest house.
The Court noted that the petitioner had earlier approached the High Court through two writ petitions concerning the alleged building violations. Those petitions were disposed of on January 27, 2026, with directions to the SMC Commissioner to consider the grievance after providing an opportunity of hearing to the building owner and thereafter pass an appropriate order.
According to the petitioner, despite subsequently approaching the SMC through a communication dated May 18, 2026, followed by a legal notice dated June 29, 2026, no effective action was taken. It was alleged that the building was being commissioned for commercial use without the alleged violations having been regularised.
Taking note of the allegations, Justice Rahul Bharti observed that the issue of building violations was becoming a menace, with law-abiding residents allegedly being left as mere spectators while civic authorities were accused of turning a blind eye, whether by design or default.
The Court observed that such violations, if allowed to continue unchecked, ultimately reach completion and leave aggrieved residents with no option but to approach the courts for relief.
Finding that a prima facie case had been established, the High Court issued notice to the respondents and passed an interim direction restricting the commercial use of the premises.
The Court specifically directed the SMC Commissioner to ensure that the building is not put to any commercial use by reference to a hotel or guest house whatsoever it may be until the next date of hearing.
The Court further made it clear that any violation of the direction by allowing the premises to operate as a hotel or guest house would result in the SMC Commissioner being treated as being in breach of the Court’s order.
The Commissioner has also been directed to submit a compliance report before the Court on the next date of hearing.
In another significant direction, the High Court asked the Registrar Judicial, Srinagar, to requisition the record of an appeal filed by Ashiq Hussain Sheikh before the J&K Special Tribunal, Srinagar, relating to the SMC’s demolition orders and the alleged building violations.
The Court also brought the Anti-Corruption Bureau (ACB) into the matter, directing it to gather and produce records concerning various No Objection Certificates (NOCs) issued in connection with the building and its proposed commercial use.
The records sought include NOCs issued by the Tourism Department, Fire and Emergency Services, Power Development Department, Jal Shakti Department and Water Works Division.
The directions assume significance amid growing judicial concern over alleged unauthorized constructions and commercial use of buildings in violation of sanctioned permissions.
The matter has been listed for further hearing on August 19, 2026, when the Court is expected to examine the compliance report and the relevant records.(KNC)
