Srinagar: Jammu and Kashmir Special Tribunal has stayed an order the J&K Lake Conservation and Management Authority (LCMA) had issued on December 21 whereby demolition was directed of an “illegal” construction of the third floor of a building at Chinar Bagh, Gagribal here.
“There is apparently a flaw on the face of the impugned order, wherein half portion of the third floor being constructed by appellant has been indicated to the extent of 30’x30’ aggregating to 900 Sft, while as the plinth area of the structure as per the building permission is 875 Sft only. By this logic, the appearance of the building in question would resemble an aeroplane,” member Tribunal, Asif Humid Khan said. “Either the LCMA has not monitored the construction at the relevant time in 2015, resulting in extension of the plinth area to double the size in the sanctioned plan or the fault lies elsewhere.”
The Tribunal subsequently disposed of the appeal filed before it with a direction to LCMA to revisit the case in light of relevant provisions of J&K Development Act, 1970 and Master Plan-2035 and pass consideration order in accordance with law. “Till such time, the impugned order shall be kept on hold by Respondent No. 1 (LCMA).”