Construction of extension of complex has been going on from last six months adjacent to MCB, however, demolition raises several eyebrows
Reyaz Rashid/Inayat Qayoom
Baramulla: In a blatant violation of the standing orders issued by the Jammu and Kashmir Special Tribunal Srinagar and the High Court of Jammu and Kashmir, the Municipal Committee Baramulla (MCB) has allegedly carried out an unauthorized demolition of an extension to the complex after illegally delayed granting building permission to the MINT Business Complex for the past 14 years.
For the past 14 years, the MCB has illegally delayed granting building permission to the MINT Business Complex, and now, in a brazen act, the Executive Officer of MCB has allegedly led a team to demolish an extension of the complex, which was under construction according to court-sanctioned orders.
Nazir Ahmad Mir, the owner of the MINT Business Complex, has been entangled in a legal battle with the MCB for over a decade. According to Mir, the construction of the extension has been ongoing for the last six months under the protection of orders from both the High Court and the Special Tribunal. However, in a shocking turn of events, the Executive Officer of MCB, along with a team, proceeded to demolish the extension without issuing any prior notice to the owner, an action that Mir claims is a direct violation of the court orders.
“The MCB has been illegally denying me permission for the past 14 years, despite the court’s clear instructions to grant it. Today’s demolition is not only illegal but also contempt of court,” Mir told SNS Kashmir. He added that the court had already penalized the Executive Officer of MCB with a fine of Rs 50,000 for obstructing the legal process and burdening the public exchequer with unnecessary litigation.
The owner of the MINT Business Complex, Nazir Ahmad Mir, expressed outrage over the illegal demolition. “This demolition drive is a direct violation of the court orders that clearly directed MCB to grant the building permission. I have been seeking permission for the last 14 years, and despite the High Court and Tribunal’s orders, MCB has continuously obstructed the process,” Mir told SNS Kashmir
According to court records, the Jammu and Kashmir Special Tribunal issued an order on December 30, 2022, stating, “The respondent, i.e., Executive Officer Municipal Council Baramulla, is directed to grant building permission in favor of the petitioner, which is pending disposal in his office within a period of seven days from the date of this order. Failing which, the permission shall be deemed to have been granted in favor of the petitioner, and the petitioner would be at liberty to go ahead with the construction work strictly in accordance with the plans already submitted.”
Despite this clear directive, the MCB has not only refused to issue the required permissions but has also carried out an illegal demolition without issuing any notice to the owner. The court had earlier penalized the Executive Officer of MCB, imposing a fine of Rs 50,000 for engaging in “uncalled for litigation and burdening the public exchequer.” The court order emphasized that the fine should be recovered from the personal earnings of the officer responsible for the illegal actions.
Further reinforcing the petitioner’s right to proceed with construction, the court order stated, “The refusal order of the building permission, which is impugned herein, has been passed in violation of all the Municipal Laws and building bye-laws in vogue.” The court noted that the Executive Officer had developed “some personal interest over the said land of the petitioner” and had taken unauthorized actions, including trespassing and constructing illegal sheds on the petitioner’s property.
The court concluded that “the callous attitude adopted by the officer towards the petitioner shall be dealt with iron hands,” directing the MCB to issue the building permission without any further delay. The Tribunal also highlighted that any further refusal to comply with the order would result in the permission being automatically granted, allowing the petitioner to proceed with the construction as per the submitted plans.
Ironically demolition by MCB raises serious questions about the enforcement of legal orders and the arbitrary exercise of power by municipal authorities. As the legal battle continues, the actions of the MCB are likely to come under further scrutiny, with potential consequences for those involved in the unauthorized demolition.
When asked where is permission for demolition, executive officer Municipal Committee Baramulla Naveed Ajaz Khan told media that he needs no permission for the demolition as he has got directions from higher ups.
About pre- demolition notices which are mandatory as per law , he brushed aside the querry and said, there were immediate directions.