‘None can be permitted to reap benefit of his illegal actions’
High court has directed Srinagar Municipal Corporation (SMC) to seal a commercial complex of top congress leader and former minister Taj Mohi-ud-Din at Residency road, Srinagar.
A division bench of the High Court said prima facie, it appears that the petitioner (Taj Mohi-ud-Din) has committed serious breach of permission granted to him for raising of construction as he has not maintained car parking in the complex, which was the fundamental condition for permission.Earlier, SMC informed the court that the petitioner has made blatant violation of civil laws as the permission granted to him was on the condition that the ground floor of 5-storyed building will be used for car parking facility but he utilized the said space for commercial purpose.
SMC, however, said that they couldn’t seal the complex owing to court order.
The High Court had earlier issued show cause notice to the minister but he had approached J&K Special Tribunal against the court notice but the tribunal too dismissed the plea.
Court said J&K Civic Laws (Special Provisions) Act, 2014, does not extend protection to the type of violations, which the petitioner has committed and when his case stands decided by the quasi-judicial authority much before coming into force of the said Act.
“No person can be permitted to reap benefit of his illegal actions,” court said.
The bench observed that the civic laws are made for the benefit of general public and the commercial interest of one individual cannot be permitted to ride roughshod on the civic rights of general public.
The petitioner cannot, after seeking benefit of civic laws and the permission granted to him, turn round and challenge the very law when action is initiated against him for committing its violation.
The court vacated the earlier writ petition filed by the former minister and asked SMC to seal the commercial complex and said that it shall remain sealed till further orders from the Court.
The SMC informed the court that 19 structures have been sealed for not maintaining car parking in the vicinity of their complexes.
In the status report filed before court, the SMC said 12 commercial complex after inspection have been found having fully functional car parking facilities and hence were not sealed.
The court asked the SMC Commissioner to give exhaustive list of all the commercial complexes, which already exist in Srinagar.
