Per V. K. JHANJI, ACJ.

Appellant applied to Jammu Municipality for making a residential house with 2274 sq. ft. on the ground floor and 1390 sq. ft on the first floor. The total sanctioned area was 3664 sq. ft. The sanction was accorded by presuming that the appellant had the title on the land for which he applied for raising residential building. Instead of constructing a residential house, the appellant constructed a huge commercial complex on the spot in total violation of the sanctioned plan. In addition to the ground floor and first floor, appellant also constructed a mezzanine floor, and the huge commercial complex was raised on a very important crossing on the National Highway of Jammu. When the Municipal Authorities took action to demolish the unauthorized construction, appellant took the matter to the appellate authority i.e. J&K Special Tribunal, Jammu.

2. Before the Tribunal it was submitted by the appellant that the Jammu Municipality in its report has mentioned that the excess floor coverage is 7806 sq. ft, whereas in reality 2000 sq. ft. was of an old construction which was purchased by the appellant a few years back. On the other hand, the Jammu Municipality pointed ou

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