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1998 Supreme(J&K) 11

T.S.DOABIA
Administrator Municipality, Jammu – Appellant
Versus
Special Tribunal, J&K, Jammu – Respondent


Advocates Appeared:
Advocate For Appellant: S.S. Nanda
Advocate For Respondent: V.B. Gupta
Advocate For Respondent: Z.A. Shah

1. This petition has been preferred by the Administrator Jammu Municipality, against the order passed by the J&K Special Tribunal, whereby directions have been given to the petitioner-Municipality, to compound the alleged irregularities committed by respondents 2 & 3.

2. The facts which are not disputed are as under: -

i. The respondent No. 2 & 3 submitted a building application to the petitioner-Municipality,

ii. This building application was for construction of a residential accommodation. The fact that the building was meant for residential accommodation is apparent from the fact that the rooms in the accommodation have been described as bed rooms with attached bath rooms. There is a dinning hall attached with a kitchen. A provision for garage has also been made. Thus all the basic facilities which are required to be there for the residential accommodation, were incorporated in the building/plan submitted by respondents No. 2 & 3.

iii. That in the plan so sanctioned, there was no indication that any basement is to be constructed.

iv. Construction activity was undertaken by respondents No.2 & 3. Pillars have been taken to the depth of 9 feet from the ground level. Not only wer

























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