Court Upholds Tribunal's Decision, Cites Lack of Locus Standi and Abuse of Judicial Process by Petitioner
In a significant judgment, the Jammu & Kashmir High Court has dismissed a writ petition filed by Hajira challenging the orders of the Jammu & Kashmir Special Tribunal regarding the regularization of additional construction by a neighboring property owner. The court, presided over by Justice Wasim Sadiq Nargal, ruled that the petitioner lacked the necessary locus standi to challenge the Tribunal's decisions and emphasized the finality of judicial determinations.
The case stemmed from a dispute over construction permissions and alleged violations by respondent No. 6, who had constructed additional floors on a building situated at Barthana, Qamarwari, Srinagar. The petitioner, Hajira, contended that the additional construction violated the sanctioned building plan and encroached upon her property. However, her application to be impleaded as a party in the Tribunal's proceedings was dismissed on the grounds that she was neither a necessary nor a proper party.
The High Court highlighted that the Tribunal's order dated September 26, 2023, which rejected the petitioner's impleadment application, had attained finality as it was not challenged independently. Justice Nargal underscored that the petitioner failed to demonstrate any infringement of legally enforceable rights, which is essential for invoking the extraordinary writ jurisdiction under Articles 226 and 227 of the Constitution.
The court also addressed the petitioner's challenge to the Tribunal's corrigendum, clarifying that it was merely procedural and did not alter any substantive rights. The judgment reiterated the principle that judicial processes cannot be misused for settling personal grievances, particularly when motivated by personal animosity.
Emphasizing the doctrine of finality, the court ruled that the petitioner could not indirectly challenge orders that had already been conclusively adjudicated. The court's decision effectively upholds the Tribunal's directive for regularizing the construction under the "Deemed Permission" clause of the Jammu & Kashmir Municipal Corporation Act, 2000, subject to compliance with relevant laws and payment of regularization fees.
In conclusion, the Jammu & Kashmir High Court's dismissal of the petition reinforces the principle that judicial processes should not be used for vexatious litigation, affirming the importance of locus standi and finality in legal proceedings.
Bottom line:-
The petitioner failed to establish locus standi to challenge the Tribunal's orders, as the earlier adjudication rejecting her impleadment application attained finality and was not independently challenged.
Statutory provision(s): Articles 226 and 227 of the Constitution of India, Jammu & Kashmir Municipal Corporation Act, 2000
