2. Notice dated 20-12-1998 calling upon the appellant to demolish the unauthorised construction raised by him within seven days from the date of receipt of the notice was challenged before Jammu and Kashmir Special Tribunal, Jammu. It was pleaded that ten appellant had repaired his own old house located in Vinayak Bazar, after securing requisite permission from Jammu Municipality (respondent-3). It was further pleaded that the appellant has not committed breach of any provisions contained in the Jammu and Kashmir Municipal Act and, therefore, the notice calling upon him to remove the unauthorised construction was uncalled for it was further pleaded that the lane is almost covered with balconies constructed by the inhabitants and as such sought compounding of the case and setting aside of the impugned order.

3. The Tribunal, in order to ascertain the factual position existing on spot, visited the place and found that there were number of rooms without any provision for natural light and proper ventilation. That there was a large sign-board with words Hotel Basera written on it, fixed on the roof of the building. There was no kitchen normally found in the residential ho