Srinagar: In a significant judgment aimed at curbing rampant violations of urban development regulations, the High Court of Jammu & Kashmir and Ladakh has ordered the demolition of two hostels and a guest house constructed in blatant disregard of the sanctioned building permissions in Srinagar.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar issued the directive while hearing a case involving massive unauthorized construction carried out by three appellants—identified only as B.A.S., M.R.S., and their father H.S.—who had obtained individual building permissions from the Srinagar Development Authority (SDA) for the construction of separate hostel and guest house structures on their private land.
According to court records made available to Ziraat Times, the original permissions were granted for raising four-storey commercial hostel and guest house buildings, but the petitioners grossly exceeded the sanctioned limits. While the approved built-up area per floor was 9,159 square feet, the actual construction had reached up to 19,900 square feet per floor, amounting to more than 200% violation, particularly on the setback areas.
The respondents in the case alleged that the appellants had taken advantage of the unrest in the Valley during 2016 to carry out the illegal constructions, ignoring repeated warnings from the SDA and its enforcement staff.
The court expressed strong disapproval of the SDA’s inaction and silence in the face of such grave violations. “The Srinagar Development Authority is directed to carry out the demolition of the violations, even if it entails demolition of the entire structure,” the bench ordered.
The Court has directed the SDA to submit an Action Taken Report (ATR) within two months and ensure that it is placed before an appropriate bench for further action. Additionally, the Registry has been instructed to forward a copy of the judgment to the Chief Secretary of Jammu and Kashmir for further scrutiny.
The Bench also urged a regulatory overhaul, directing that the authorities must revisit existing construction laws to include penal provisions against officers or officials who allow violations to occur under their watch. “A person guilty of flagrant violation of rule of law cannot approach the Court and complain about unfair treatment,” the judgment observed.
In a broader context, the court noted with concern the unchecked urban sprawl in Srinagar and the failure of planning authorities to maintain the city’s character and livability. “Every day we witness traffic jams, encroachments on roads and lanes, and mushrooming of unauthorized structures, especially on the banks of the Jhelum,” the bench remarked.
It cited the devastating 2014 floods as a warning signal, stating that unregulated development along the riverbanks had contributed to the disaster. “If the Control of Building Operations Authorities (COBA) do not act decisively now, the city may be lost to chaos,” the court warned.
The court further lamented the negative impact such unplanned urbanization has on tourism, public life, and the city’s environmental health, asserting that such negligence reflects poorly on Srinagar’s appeal as the gateway to Kashmir for tourists and pilgrims alike.
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