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2008 Supreme(J&K) 495

D.K.Kapoor
Des Raj Sharma – Appellant
Versus
Jammu Municipality – Respondent


Advocates Appeared:
R.P. Sapolia, K.B. Gupta.

1. Facts of this case lie in a narrow compass. The appellant is alleged to have constructed a residential building consisting of three rooms, store, pooja room. The entire construction has been allegedly raised by the appellant without obtaining building permission from the BOCA. It is further alleged that the appellant has raised 2'-6" wide balcony projection overhanging over the Nallah and front road and had constructed the Ist Floor on the existing projection towards Nallah side. He is further alleged to have extended 2'-6'' wide Balcony projection on the first floor thereby again increasing the constructed area at roof terrain. The appellant is also alleged to have raised construction on the front and rear set back of the area and has thus disturbed the setback space. He is further alleged to have constructed a shop on the front set back at the edge of the road thereby disturbing the land use of the area, which is earmarked as residential. Further allegation against the appellant is that he has covered more than 90% of the plot area on the ground floor and more than 100% of the ground area at the first floor. Although the permissible limits as far as prescribed by the Building





























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