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 were they taken to the depth of 9 feet, a provision was also made for ventilators, which are 3 feet above the ground level. Thus, the respondents No.2 and 3 have exhibited an intention to raise a basement.

v. Some other constructions in excess of prescribed limit such as projections and balconies have been constructed.

vi. When these steps were taken, the petitioner-Municipality stepped in. A show cause notice in terms of Section 229 of the J&K Municipal Act Samvat 2008 was issued. In this notice, it was mentioned that pillars had been taken 11 feet deep and that some cantrilevers have been constructed, which are beyond the sanctioned plan.

3. A reply filed by the respondents. Copy of this is Annexure - G.

4. The petitioner was not satisfied with the reply, therefore, another communication came to be addressed to the respondents. This was done on 11.06.1997. Copy of this is annexure-K. Punitive action was sought to be taken in terms of Section 229 of the J&K Municipal Act. This led to filing of appeal on the part of respondents No.2 & 3 before the J&K Special Tribunal, Jammu. The Tribunal passed an order on 11.07.1997. The Tribunal took notice of various deviations which were not in accordance with the sanctioned plan. For facility of reference that part of the order is reproduced below:-

"The learned counsel for respondents Mr. S.S. Chowdhary contended that the appellants have raised the construction in deviation of the sanctioned plan and that too for commercial purpose for which no permission was granted by the respondents. That as per sanctioned plan the appellants were allowed to lay RCC beams at plenth level, but they have laid RCC beams crosswise, converting the area below ground-level for basement measuring 3491 sfts., which is not permissible as per prescribed bye-laws of the Housing Colony, Gandhinagar, Jammu. That in the approved plan, the appellant were not given permission for constructing balcony, but they have raised balconies in ground floor level 5-9" wide and 7 wide at the 1st floor on front (southern side) and 4-9" wide on western side, northern side of the plot it 4-6" wide. At first floor level 6-3" on western side and 6 northern side, thereby further increasing the floor area. That appeal of the appellants be dismissed with costs, in view of the violation committed by them of building bye-laws, norms prescribed by the J&K Housing Board, Gandhinagar, Jammu."

5. The Tribunal came to the conclusion that there are some deviations. It also came to the conclusion that there appears to be some intention on the part of respondents No.2 and 3 to convert the residential building into a commercial building. It further came to the conclusion that these are the deviations which are not of serious nature. It accordingly, gave a direction that th

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