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2013 Supreme(J&K) 572

Madan Lal
Vikas Gupta – Appellant
Versus
Joint Commissioner (A) Jammu Municipal Corporation – Respondent


Advocates Appeared:
R. Gupta, Sarika Sharma.

ORDER

1. This order will dispose of the appeal filed by the appellant on the grounds that appellant is not in possession of the building mentioned in the sale deed, Copy is annexed as Annexure "B". The appellant had applied for sanction for the construction of commercial building and sanction was granted by the B O C A for the construction of the building. Copy of the sanction/permission plan annexed at Annexure "C". Further stated that after obtaining the permission from the Jammu Municipal Corporation appellant had constructed 2nd floor strictly as per permission granted by Jammu Municipal Corporation and no violation has been committed by the appellant pertaining to ground floor, first floor and 2nd floor. Only violation which the appellant has committed is that appellant has also raised temporary servant quarter and a store at 3rd floor that too under the ambit of Jammu master plan without disturbing the set back line. Prior to the order passed under section 7 (3) no show cause notice has ever been served upon the appellant which is the mandatory provisions of law as no one shall be condemned unheard.

2. Further stated that impugned notice does not disclose that which part of the


























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