In a significant ruling, the Jammu and Kashmir High Court has extended building permission by two more years for appellants who were unable to begin construction due to a court-imposed interim stay. The decision came during the hearing of an intra-court appeal in the matter titled GHULAM HASSAN SHERGOJRI & ORS vs MOHAMMAD RAJAB GOJRI AND ORS.
The appellants contended that the interim stay, which was imposed while a writ petition was pending, obstructed them from utilizing the original two-year period granted under the building permission. They argued that they should not be penalized for circumstances caused by court orders and beyond their control.
"The appellants cannot be made to suffer for something they have not done,"
remarked the Division Bench of Justices Sanjeev Kumar and Sanjay Parihar while deciding the appeal.
Acknowledging this concern, the court observed that since the construction was halted only because of an interim judicial order, the appellants deserved equitable relief. The High Court noted that although the original writ petition was ultimately dismissed and the appellants had no further grievance, the expiration of the building permission during the stay was an injustice that needed redress.
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"We have passed this direction keeping in view the fact that the appellants could not raise their construction due to the interim stay,"
the Bench added.
The High Court further directed the Executive Officer of the Municipal Committee Hajin to issue a formal extension order for two more years. This extension will be based on the original building permission dated 6th August 2021, and will remain subject to the original terms and conditions.
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Earlier, the writ petition had challenged the building permission granted in 2021, but by the time it was dismissed as infructuous, the permission had already expired. Due to the delay caused by the stay, the appellants had no opportunity to complete construction.
"No person should be prejudiced by the act of the court,"
the High Court clarified, making it clear that judicial processes should not hinder lawful activities when the delay is not the fault of the affected party.
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The court thus disposed of the matter while granting relief to the appellants and ensuring that administrative processes accommodate such unforeseen legal hindrances.
Appearance:
Taha Khalil, Advocate – For the Petitioner
Ab. Rashid Malik, Sr. AAG – For the Respondents
Case-Title: GHULAM HASSAN SHERGOJRI & ORS vs MOHAMMAD RAJAB GOJRI AND ORS , 2025
