GH QADIR KENG Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Gh Qadir Keng
STATE OF JANDK
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(1.) THE petitioner appears to have submitted a proposed plan for raising construction on a piece of land comprising Survey Nos 63 & 64 measuring 4
kanals situated at Gulmarg. While the application of the petitioner was
under consideration before the authorities concerned, he chose to file
this writ petition way back in the year 1989, but neither he nor his
counsel prosecuted the petition all these years despite the fact that the
respondents had already filed the objections. In the objections,
respondents have contended that the construction aimed at is not
(2.) THIS writ petition has come up for final hearing, but no one chose to appear for the respondents and I have heard LC for the
(3.) I have gone through the documents annexed with the writ petition. These documents have been pressed into service by the
petitioner to show that a recommendation has been made in his favour for
grant of permission and emphasis has been laid on a communication bearing
No. BP/Gulmarg/89/ 1029 dated 23/09/1989. This communication, undoubtedly
contains a recommendation but at the same time, it reveals that the
restrictions required to be imposed in accordance with the rules are yet
to be determined. The petitioners endeavour is to reply on a part of the
recommendation, which is not possible because once the party relies on a
document, it has to betaken into consideration as a whole.
Examining as such, it leads to the conclusion that norms of construction are being set out and read with communication of the state,
application of Master plan is indicated and a few questions emerge from
the pleadings of the parties, which include;
a) as to whether the proposed construction conforms to the Master plan;
b) whether the leasehold rights claimed by the petitioner to have flown to him through his father are legally available to him.
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