J&K High Court Bars Commercial Use of Disputed Srinagar Building, Orders ACB to Gather NOC Files
Justice Rahul Bharti stayed hotel operations at a Srinagar building allegedly converted from residential use under a 2023 building permit and directed the Anti-Corruption Bureau to collect all NOC records from five government departments.
The High Court of Jammu & Kashmir and Ladakh at Srinagar has directed that a building in Khanyar, Srinagar — operating as “Hotel Shady Oaks” — shall not be put to any commercial use as a hotel or guest house until the next date of hearing. Justice Rahul Bharti, sitting singly, passed the order on 4 August 2026 in Syed Bilal Ahmad Qadri v. Union Territory of J&K & Ors., WP(C) 1857/2026. The Court simultaneously directed the Anti-Corruption Bureau (ACB) to gather the record files relating to multiple NOCs issued by five government departments in connection with the building. The petition is the third successive writ filed by the same resident-neighbour, who has been pursuing the matter since 2023 through two earlier writ petitions that were disposed of in January 2026.
The Dispute Before the High Court
The petitioner, Syed Bilal Ahmad Qadri, describes himself as a resident of Reyazat Tang, Khanyar, Srinagar, within the municipal limits of the Srinagar Municipal Corporation (SMC). His grievance concerns a building immediately opposite his residence. The building's owner, respondent No. 13 Ashiq Hussain Sheikh, holds Building Permission No. SMC/2023/1616 dated 26 June 2023. The petitioner alleges that under cover of that permission — which related to a residential structure — the building has in fact been constructed and commissioned as a hotel, with a signboard for “Hotel Shady Oaks” displayed on top.
The petitioner's counsel sought to demonstrate mala fides on the part of Ashiq Hussain Sheikh by pointing out that within one month of the grant of the building permission in June 2023, Sheikh had already initiated steps to register the yet-to-be-completed building as a guest house. He had also obtained a No Objection Certificate (NOC) from the Directorate of Tourism, Kashmir, for that purpose.
The Court noted that the petitioner had earlier filed WP(C) No. 3473/2023 when the alleged violations first became visible, and later WP(C) No. 3019/2024. Both petitions were disposed of on 27 January 2026 with a direction to the Commissioner, SMC Srinagar, to consider the petitioner's grievance, hear the building owner, and pass an appropriate order. The 27 January 2026 order also recorded that the Jammu and Kashmir Special Tribunal, Srinagar, had separately directed the SMC to consider a regularisation application filed by Ashiq Hussain Sheikh in relation to the same building violations, arising from an appeal he had preferred against demolition orders issued by the SMC.
Despite the 27 January 2026 order, the petitioner received no response from the SMC after addressing a communication on 18 May 2026 and following it with a legal notice on 29 June 2026. The building was commissioned for use without any regularisation or fresh approval from the concerned authorities. That sequence of inaction prompted the present, third writ petition.
The Court's Observation on Building Violations as a Systemic Concern
Before dealing with directions, Justice Bharti recorded a broader observation. The Court described the matter as reflective of a pattern in which building violations are allowed to reach completion before any action is taken, leaving a law-abiding neighbour as a “mere spectator” while civic authorities — by design or default — turn a blind eye. The Court characterised this as a “menace” that drives genuinely aggrieved residents to frustration and litigation simultaneously.
Having recorded those observations, the Court found a prima facie case made out and proceeded to issue notice.
Directions Issued
The Court's directions on 4 August 2026 cover several distinct streams.
Interim stay on commercial use. Respondent No. 2, the Commissioner, SMC Srinagar, was directed to ensure that the building in question is not put to any commercial use as a hotel or guest house until the next date of hearing. The Court specified that any violation of this direction would expose the Commissioner to being held in breach of a court order. A compliance report is to be filed by the Commissioner on the next date.
ACB directed to collect NOC record files. Respondent No. 12, the Director of the Anti-Corruption Bureau (ACB), J&K, was directed to gather the record files relating to three specific NOCs — SMC/JCP/2376-77 dated 21 November 2023, WWD/CC/Sgr/2582-83 dated 23 July 2024, and EDIV/Ts.3248 dated 10 August 2024 — issued by five government authorities: the Director, Tourism Department, Kashmir; the Director, Fire and Emergency Services, J&K; the Chief Engineer, Power Development Department, Kashmir; the Chief Engineer, Jal Shakti Department (PHE), Kashmir; and the Executive Engineer, Water Works Division, Srinagar. These files relate to respondent No. 13 Ashiq Hussain Sheikh and the use of the building for commercial purposes. The ACB is to produce those files before the Court on the next date through the Senior AAG's assisting counsel.
Special Tribunal record to be requisitioned. The Registrar Judicial, Srinagar, was directed to requisition the record of the appeal titled Ashiq Hussain Sheikh v. Commissioner, Srinagar Municipal Corporation & Ors. from the J&K Special Tribunal, Srinagar. The Registrar of the Special Tribunal was directed to ensure delivery of that record file to the Registrar Judicial, Srinagar, positively by the next date of hearing.
Notice to respondent No. 13. Notice to Ashiq Hussain Sheikh is to go through the Tamilat Section of the Principal District Judge, Srinagar. The petitioner was given four days to procure summons from the Registrar Judicial, Srinagar, and two further days to deliver them to the Tamilat Section, after which a process server is to be deputed to effect service and return the process before the next hearing. Notice in CM No. 5011/2026 was also directed. Notice on behalf of respondents No. 2 and 3 was accepted by the Deputy Advocate General present in Court.
The interim order is expressly subject to objections from respondents No. 2, 3, and 13.
Order
Justice Rahul Bharti admitted WP(C) 1857/2026 for hearing, found a prima facie case made out, and issued notice to all respondents. The building known as Hotel Shady Oaks at Khanyar, Srinagar, is restrained from being used for any hotel or guest house purpose until the next date. The Commissioner, SMC Srinagar, must file a compliance report on the restraint. The ACB Director must produce the NOC record files from five departments. The Registrar Judicial, Srinagar, must requisition the Special Tribunal's appeal record. The matter is listed on 19 August 2026.