Pahalgam Peoples Welfare Org. v. State of J&K & Ors.
2012-08-22
M.M.KUMAR, MUZAFFAR HUSSAIN ATTAR
body2012
DigiLaw.ai
M. M. Kumar, CJ;— In this application, the applicant has prayed for passing appropriate orders permitting him to carry out necessary internal works required to be carried/undertaken to render the Guest House constructed by the applicant at Laripora Pahalgam under a valid Building Permission fully operational. In the various paragraph of the application, the impression given is that the construction of the internal and external part of the building is almost complete. 2. However, the learned Principal District Judge in his report has stated after spot inspection that major constructional activities both internal and external were required to be executed. It was also stated that the CEO/PDA apprised him that the applicant after obtaining the permission for raising construction made deviation from the approved site Plan by constructing basement regarding which neither any permission has been sought nor granted by the BOCA. He had also made violation while constructing the building. 3. In view of the aforesaid report of the learned Principal District Judge, Anantnag, we are of the view that the applicant has lost any right to seek any permission because in the application he has made false averment and made an attempt to mislead the Court. 4. Accordingly, the application is dismissed with costs which we assess at Rs.20,000/-. The costs of Rs.20,000/-, be deposited with the State Legal Services Authority, Srinagar within two weeks from today. If the cost is not deposited then the matter be listed before this Court.