SMC Seals Commercial Building for Violating Tribunal Order

SRINAGAR: The Srinagar Municipal Corporation (SMC) on Tuesday attached a commercial structure at Allochi Bagh Bund, after the Tribunal held the owner guilty of wilfully violating a status quo order issued in July this year.

The attachment was carried out by Enforcement Officer (South) Reyaz Ahmad, accompanied by field staff and the local ward team, in compliance with the Tribunal’s order issued by Rukhsana Gani, IAS, Chairperson, JK Special Tribunal, in File No. JKSTS/7331/2024 (Karanjeet Singh vs Commissioner, SMC and Ors).

The case pertained to an appeal filed by Karanjeet Singh of Baranpather Batamaloo, challenging action initiated by the SMC over alleged unauthorised construction at his property at Allochi Bagh Bund. The Tribunal, while hearing the appeal, had on July 18, 2024, passed an interim order directing maintenance of status quo on the site to preserve the subject matter of dispute.

However, upon comparison of geo-tagged photographs submitted later by the SMC with those furnished earlier by the appellant, it was found that the status quo had been violated. The enforcement report noted removal of shuttering, installation of electric fittings, CCTV cameras and doors, and other activity around the structure, acts deemed to constitute clear disobedience of the Tribunal’s interim order.

After hearing both sides, the Tribunal rejected the appellant’s plea that the changes were limited to routine maintenance and necessary for safety, holding instead that the violation was wilful and deliberate. The Chairperson observed that the Tribunal’s status quo directions are analogous to temporary injunctions under Order 39 Rules 1 and 2 of the Civil Procedure Code (CPC), and disobedience of such orders attracts action under Order 39 Rule 2A.

“The temporary injunction order granted by this Tribunal dated 18.07.2024 has been established to be violated wilfully,” reads an order, adding that the Tribunal is empowered to punish for such disobedience, including by attachment of property and civil imprisonment.

Accordingly, the Tribunal directed attachment of the single-storeyed building at Allochi Bagh Bund, the structure mentioned in the SMC’s demolition notice and ordered realization of a Rs 15 lakh security bond furnished by the appellant.

In compliance, the SMC enforcement team on Tuesday attached the structure and submitted that a compliance report will be filed before the Tribunal. The attachment will remain in force for one year unless otherwise ordered.

The Tribunal further cautioned that continued disobedience could invite civil imprisonment of the violator and directed the Commissioner, SMC, to submit monthly compliance reports along with geo-tagged photographs. The case has been listed for compliance review on November 4, 2025. (KDC)