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2010 Supreme(J&K) 277

A.M.Ahmadi
Parkasho Devi – Appellant
Versus
Building Operation Controlling Authority – Respondent


Advocates Appeared:
Chander Mohan Gupta, N.P. Kotwal.

1. In this appeal demolition notice dated 16.1.2002 issued by respondent No:1 has been challenged by virtue of which the appellant has been asked to demolish the unauthorized construction within a period of 5 days, with the prayer for setting aside the same on the ground mentioned in the memo of appeal.

2. The record discloses that in the year 1975 one Bindra Ban the father-in-law of the appellant purchased a building consisting of shops and rooms situated at Canal Road near Jewel Chowk Jammu. In the year 1979 Bindra Ban partitioned the said building amongst his three sons and also retained a portion for his own use. Later on during his life time Bindra Ban gifted other portion of the building to the husband of the appellant. The husband of the appellant died in the month of October 2007.

3. In the year 1993 Bindra Ban, the father-in-law of appellant obtained permission from Jammu Municipality for re-roofing of shops which was duly sanctioned.

4. After the death of the husband of the appellant she came into possession of the portion of the building belonging to her husband. As per the appellant two rooms existing on 1st floor were in dilapidated condition so she laid down the fresh sl



















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