1. The circumstances under which this petition has come to be filled be noticed.

2. The petitioners submitted an application seeking permission or raise Construction on a piece of land measuring 3 kanals and 19 marlas. This land is said to be located in Khasra Nos. 381-Min, 382- Min and 385 Min. this land was purchased by the petitioners through a registered sale deed. This is said to have been executed in their favour on 11-9-1997. The petitioners wanted to raise a "Hall" to be used for devotional purposes, the requisite permission to raise the construction was given. The building plans were sanctioned. This sanction was granted on 14th May, 1998. When construction activity was taken in hand respondent No. 5 appears to have taken objection to the raising of the construction. This was on the ground that the part of the land which is subject matter of sale deed referred to above was not owned by persons who sold property. Some opinion was also expressed by the Nazool Department. This is to the effect that part of the land is Nazool land.

3. On this stand having been taken and this fact having come to the notice of the respondent Municipality, the Municipal Authorities took action and the Executive Officer of the Municipality issued an order on 23rd June, 1998. This order reads as under.

"Building permission for the above named title which was granted vide permission order No. 31 dated 14.5.1998 is hereby kept in abeyance till the clarification regarding the proprietary land is received from the Assistant Commissioner, Nazool who is enquiring the title of the land on complaint of one Shri Jawahar Lal Malla". The above order is Annexure K.

4. It be seen that the petitioners had also taken steps with a view safeguard their interest in the property acquired in pursuance of the sale deed referred to above. A civil suit has been filed. An application under Order 39 Rules 1 to 2 was also filed. An interim order has been passed. This order permits the petitioners to raise construction. They are however, supposed to give an undertaking to the effect that if ultimately, they fail in the suit then they would demolish the building at their own expenses. This order was passed by the Civil Court on 23rd June, 1998.

5. In this petition validity of order Annexure K is questioned.

6. The argument raised by the learned counsel for the petitioners is that once permission is granted to raise the construction, then it cannot be withdrawn. There is no provision to keep the permission in abeyance.

7. The legal position is as under.

8. Once a plan is sanctioned, then there is some power vested in the Municipality to direct modifications to be made in the sanctioned plan. This can be done under Section 223 of the Jammu and Kashmir Municipality Act of Samvat, 2008. Powers can be exercised under Section 225 of the Act also. If some building is being raised in contravention of the Act, then the person raising the construction can be directed to not to do so. Powers is also conferred on the Minister Incharge Local Self Government. The Minister Incharge Local Self Government has the power to revoke any sanction for erection or re-erection of any building at any time before commencement of erection or re-erection of any building. This is so provided in Section 224(1) Proviso of the Act. As the Jammu Municipality is relying upon these provisions with a view to sustain action taken by it. It would be apt to notice the statutory provisions referred to above. These sections read as under:

"223 Power of Executive Officer to direct modification of a sanctioned plan of a building before its completion. If at any time before the completion of a building of which the erection has been sanctioned under Section 222, the Executive Officer of the Council finds that any modification of the sanctioned plan is necessary, the Executive Officer or the Council finds that any modification of the sanctioned plan is necessary, the Executive Officer or the Council may, subject to

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