The court emphasized the importance of compliance with building permissions and the provisions of the master plan in determining land use and jurisdiction.

Brief facts of the case is that appellant is owner of a building situated at 81-A/D Gandhi Nagar, Jammu and the building has been let out to Mrs. Bhavna Sharma for running up a Coaching Centre under the name and style of A.K. Vidhya Mandir Coaching Centre for imparting education to the students in Jammu through the medium of delivering lectures. The said institute after obtaining the premises on rental basis, has made necessary internal changes for the class rooms/Cabins, reception etc. In addition to this institute has also deployed security guards for management and effective control of the institute. These security guards also regulate the parking etc. The institute on its own has already declared that no parking shall be permissible within the 100 mtrs. of the premises so that no congestion of traffic takes place. In A/D Block Gandhinagar Jammu many educational institutes, private public schools, banks, furniture shops, are in existence and functional for quite considerable period and details of these commercial activities existing in the said vicinity have been duly reflected in photographs. Photographs of site plan duly prepared by draftsman of all the institutions, schools and other commercial activities etc. for the ready reference collectively annexed and marked as Annexure-"A". These activities have been permitted in the said area and Gandhi Nagar area has come under the mixed zone and is no longer a residential area as earlier earmarked in the master plan. Appellant received a show cause notice bearing NO. MJ/CEO/601 dated 8th Feb., 2011whereby it was alleged that the opening of the coaching centre shall lead to the violation of land use from residential to commercial besides being inconvenient to the residents of the locality. After receiving of show cause notice, appellant herein replied comprehensively and duly received by the respondent on 12.2.2011. Subsequently respondent issued the impugned notice bearing No. MJ/CEO/601/3/2011 dated 22.03.2011 u/s 7 (3) of the control of Building Operation Act 1988. Impugned notice is annexed as Annexure-"D"

1. Impugned notice is nonest, void ab initio and without jurisdiction. Bare perusal of the statutory provisions makes it evident that the authority can exercise the powers only in the event of erection or re-erection of any building which has been commenced or is being carried on or has been completed without permission referred to in section 4 or in contravention of any condition subject to which any permission has been granted. Since there is no allegation of any violation of building permission against the appellant herein, issuance of impugned notice is without jurisdiction.

2. That the rapid growth in Jammu city, various areas which although were earmarked as residential area but have been converted into mix zone wherein residential as well as commercial activities have taken place. AD block of Gandhinagar is one of such areas which has become mixed zone due to various developments. Respondents can not initiate the alleged action by pic and choose method against the appellant simplicitor. Admittedly, neither any show cause notice nor any final notice has been issued against any of other intuitions, owners of various organizations etc. who are already running these activities in the vicinity since long.

3. The issue with respect to the change of land use in residential areas which are previously earmarked as residential areas but with the passage of time has come under mixed zone for residential, commercial, light industrial and other uses has been adjudicated upon the Hon'ble Supreme Court in Kewal Krishan Gupta v. J&K Special Tribunal and others reported in AIR 2005 SC 2578 : 2004 (2) JKJ HC-443 (DB). Para 16 is reported hereunder:

16. Finally, apart from these reasons for which the impugned judgment is liable to be faulted, our attention was drawn by the learned counsel for the appellant to notification dated 9.8.2004, SRO- 263 issued by the Commissioner and Secre