Regulation 11(2) of the J&K Control of Building Operations Regulations 1998 specifies the conditions for compounding offenses related to building construction violations.

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 property and what place and location, the construction is bad and requires to be removed. The impugned order is contrary to the facts of the case and position existing on spot. Appellant had not indulged in any violation of any law in raising the construction.

3. Moreover the impugned notice does not spell out any violation regarding any kind of construction, re-erection on the subject matter least to talk of any violation of building bye-laws.

4. Respondent have filed objection stating therein that the appellant have been served a proper notice issued to on 11th June, 2012 and 12th July, 2012 whereby appellant violator was asked to demolish the unauthorized construction. Appellant was permitted to raise the commercial construction as per plan no. 127/BSD/2012 dated 12.5.2012 at Panj Bhaktar road Jammu. Para -4 of the objections/ written arguments submitted by respondents is reproduced hereunder:

"That the appellant has covered more area than permitted by JMC and also raised structure at third floor without seeking any permission from JMC, thus the appellant has committed violation of permission granted by the JMC. The appellant has violated the provision of J&K Control of Building Operation Act, 1988 and J&K Control of Building Operations Regulations 1998. The appellant has made following violations. These are:

5. That the total violation committed by the appellant is as under:

Total plot area -- 1462 Sft.

Violation at Ground floor -- 71 Sft. (commercial)

Violation at First floor -- 16 Sft.(commercial)

Violation at second floor. -- 126 Sft.(commercial)

Violation at Third floor. -- 877 Sft.(commercial)

Total violation. -- 1090 Sft.(commercial)

6. From the perusal of the report, it reveals that there is no violations regarding front set back, rear set back and side set back. But appellant has raised the construction in excess to the sanctioned plan and its detailed is given at para 4 which is referred above.

7. Learned counsel for the appellant has argued that appellant is the owner in possession and had obtained the permission fr