SRINAGAR: The High Court of Jammu Kashmir and Ladakh has barred the commercial use of a building in Srinagar’s Reyazat Tang, Khanyar, as a hotel or guest house, directing the Srinagar Municipal Corporation (SMC) Commissioner to ensure that the premises are not used for such purposes until the next date of hearing.
The direction was passed by Justice Rahul Bharti on August 4 in a petition filed by Syed Bilal Ahmad Qadri, who has alleged unauthorised construction and conversion of a residential building into a commercial establishment under the name and style of “Hotel Shady Oaks”.
The court, while issuing notice to the respondents, observed that a “prima facie case” had been made out and directed that the building owned by respondent No. 13, Ashiq Hussain Sheikh, should not be put to commercial use by reference to a hotel or guest house “whatsoever it may be” till the next date of hearing.
The court made it clear that any violation of its direction would have consequences 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 recorded in the order.
The court also directed the Commissioner to submit a compliance report on the next date of hearing.
According to the petition, Qadri claims to be a resident and owner of a residential house in Reyazat Tang, Khanyar, within the municipal limits of the SMC. His grievance concerns construction immediately opposite his residence.
The petitioner alleged that Ashiq Hussain Sheikh, relying on Building Permission No. SMC/2023/1616 dated June 26, 2023, constructed a building and changed its intended use from residential to commercial, for operation as a hotel under the name “Hotel Shady Oaks”.
The court order records the petitioner’s contention that the hotel signboard had been displayed on the building despite what he described as the “least botheration” of the SMC and its enforcement staff.
Qadri had previously approached the High Court twice over the alleged violations, through WP(C) No. 3473/2023 and WP(C) No. 3019/2024.
Both petitions were disposed of by the High Court on January 27, 2026, with a direction to the SMC Commissioner to consider the petitioner’s grievance concerning the building construction, hear the owner of the building and then pass an appropriate order.
The petitioner subsequently addressed a communication to the SMC Commissioner on May 18, 2026, followed by a legal notice on June 29. The order records his contention that he received no response and meanwhile witnessed the commissioning of the building without regularisation or approval from the concerned authorities.
Justice Bharti observed that the case appeared to reflect a wider problem concerning building violations.
“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,” the court said.
It added that civic authorities 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”, leaving an aggrieved resident or neighbour to resort to both frustration and litigation.
The petitioner also questioned what he described as the alleged mala fides of Ashiq Hussain Sheikh, contending that within a month of obtaining the June 2023 building permission, he had initiated the process for registration of the incomplete building as a guest house under the name “Hotel Shady Oaks”.
The petitioner further contended that Sheikh had obtained the requisite No Objection Certificate from the Directorate of Tourism, Kashmir, through a communication addressed to the SMC Commissioner.
The High Court’s January 27 order, as recorded in the present proceedings, had noted that the Jammu and Kashmir Special Tribunal, Srinagar, in an appeal filed by Sheikh against demolition orders issued by the SMC, had directed the corporation to consider his application for regularisation of the alleged violations in the construction.
The High Court has now sought the record of that tribunal appeal, titled “Ashiq Hussain Sheikh Vs. Commissioner, Srinagar Municipal Corporation & Ors.”
In another significant direction, the High Court directed the Director, Anti-Corruption Bureau (ACB), Jammu and Kashmir, to gather the records relating to various NOCs connected with the building and its proposed commercial use.
The records sought relate to NOCs issued by the Tourism Department, Fire and Emergency Services, Power Development Department, Jal Shakti Department and Water Works Division.
The court specifically directed the ACB to collect records concerning 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 files relating to the concerned NOCs.
These records are to be produced through Ms Rahilla Khan, assisting counsel to Senior Additional Advocate General Mohsin S Qadri, on the next date of hearing.
The court also directed the Registrar Judicial, Srinagar, to requisition the record of the Special Tribunal proceedings, with the tribunal directed to submit the file by the next date.
The petitioner, Syed Bilal Ahmad Qadri, was represented by Advocate Ainain Qadiri.
For respondents No. 2 and 3, the court recorded the appearance of Deputy Advocate General Bikram Deep Singh. Rahilla Khan appeared 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, while the court directed that notice, for the time being, be issued specifically to respondent No. 13, Ashiq Hussain Sheikh.
The court directed that notice to Sheikh be served through the Tamilat Section of the Principal District Judge, Srinagar, following the procedure specified in the order.
The interim directions are expressly subject to objections from respondents No. 2 and 3 and respondent No. 13.
The matter has been listed for August 19, 2026.
