SRINAGAR: The High Court of Jammu Kashmir and Ladakh has issued an interim order prohibiting the commercial operation of a building intended to function as a hotel or guest house in Srinagar’s Reyazat Tang, Khanyar. The court has mandated the Commissioner of the Srinagar Municipal Corporation (SMC) to ensure no such commercial activities commence on the premises pending further hearings.
Information was available with The Chenab Times that the directive was issued by Justice Rahul Bharti on August 4, following a petition filed by local resident Syed Bilal Ahmad Qadri. The petitioner alleges unauthorized construction and the conversion of a residential structure into a commercial establishment, identified as “Hotel Shady Oaks”.
The court, in its assessment, found that a prima facie case had been established. It consequently ordered that the building, owned by Ashiq Hussain Sheikh, shall not be used for any hotel or guest house purposes. This prohibition is effective until the subsequent court date, with the court emphasizing that any contravention of this order would have significant implications for the municipal authorities.
“Any violation of this direction by allowing the use of the building in reference for hotel or guest house purposes shall result in respondent No. 2- Commissioner, Srinagar Municipal Corporation (SMC), Srinagar being held to be in breach of the court order,” Justice Bharti stated in the ruling. The Commissioner has also been directed to submit a compliance report at the next hearing.
The petitioner, Syed Bilal Ahmad Qadri, claims to be a resident and owner of a house in Reyazat Tang, Khanyar, within the SMC’s jurisdiction. His petition specifically addresses construction activities occurring directly opposite his residence. He contends that Ashiq Hussain Sheikh, utilizing Building Permission No. SMC/2023/1616 granted on June 26, 2023, proceeded to construct a building and alter its designated use from residential to commercial, with the intention of operating it as “Hotel Shady Oaks”.
Qadri alleges that despite his objections, a hotel signboard was prominently displayed on the building, indicating a perceived lack of action from the SMC and its enforcement personnel. This marks the petitioner’s third appearance before the High Court concerning alleged building violations, following previous petitions WP(C) No. 3473/2023 and WP(C) No. 3019/2024. Both earlier petitions were disposed of on January 27, 2026, with the High Court directing the SMC Commissioner to address the petitioner’s grievances, hear the building owner, and pass an appropriate order.
The petitioner asserts that he submitted a communication to the SMC Commissioner on May 18, 2026, followed by a legal notice on June 29, but received no substantive response. During this period, he observed the building becoming operational without apparent regularization or approval from relevant authorities. Justice Bharti noted that the case appears to highlight a more widespread issue of building code violations within the region.
The court commented on the prevalence of building violations, stating, “The matter of building violations is becoming a menace which leaves any genuinely placed resident citizen acting, within the bounds of law, a mere spectator to the least botheration of the Municipality/Municipal Corporation/other Civic Authorities.” It further observed that civic bodies are “often found to be turning a blind eye, by design or default, so as to let the building violation attain its complexion and completion”, thereby compelling aggrieved residents into frustration and litigation.
The petitioner also raised concerns about the alleged mala fides of Ashiq Hussain Sheikh, arguing that within a month of obtaining the building permission in June 2023, Sheikh initiated the process for registering the incomplete building as a guest house. Furthermore, the petitioner contends that Sheikh obtained the necessary No Objection Certificate (NOC) from the Directorate of Tourism, Kashmir, through communication addressed to the SMC Commissioner.
The High Court’s earlier order on January 27, 2026, had acknowledged that the Jammu and Kashmir Special Tribunal, Srinagar, in an appeal filed by Sheikh against SMC demolition orders, had instructed the corporation to review his application for regularization of construction violations. The current High Court proceedings have now sought the records pertaining to that tribunal appeal, titled “Ashiq Hussain Sheikh Vs. Commissioner, Srinagar Municipal Corporation & Ors.”
In a significant development, the High Court has directed the Director of the Anti-Corruption Bureau (ACB), Jammu and Kashmir, to collect all records related to various NOCs associated with the building and its proposed commercial use. These sought-after records include NOCs from the Tourism Department, Fire and Emergency Services, Power Development Department, Jal Shakti Department, and the Water Works Division. The ACB is specifically tasked with gathering records pertaining to SMC/JCP/2376-77 dated November 21, 2023; WWD/CC/Sgr/2582-83 dated July 23, 2024; and EDIV/Ts.3248 dated August 10, 2024, along with the associated files for these NOCs. These documents are to be presented on the next hearing date through Ms Rahilla Khan, assisting counsel to Senior Additional Advocate General Mohsin S Qadri.
The Registrar Judicial, Srinagar, has been instructed to obtain the record of the Special Tribunal proceedings, with the tribunal also directed to submit its file by the next court date. The petitioner, Syed Bilal Ahmad Qadri, was represented by Advocate Ainain Qadiri. Deputy Advocate General Bikram Deep Singh appeared for respondents No. 2 and 3, while Rahilla Khan served as assisting counsel for Senior Additional Advocate General Mohsin S Qadri. Notice to respondents No. 2 and 3 was accepted by the Deputy Advocate General. For the time being, notice is to be issued specifically to respondent No. 13, Ashiq Hussain Sheikh, to be served via the Tamilat Section of the Principal District Judge, Srinagar, as per the court’s specified procedure. The interim directions are explicitly subject to any objections raised by respondents No. 2, 3, and 13. The matter is scheduled for further hearing on August 19, 2026.
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