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2009 Supreme(J&K) 643

A.K.Shan
Mohd. Anwar Chowdhary – Appellant
Versus
Building Operation Controlling Authority – Respondent


Advocates Appeared:
K.K. Jandiyal, K.B. Gupta.

1. The brief facts to the landing of this appeal before this Tribunal are as under:-

Appellant is the owner of the house No: 1869-F situated in Gandhi Nagar Jammu which was constructed in the year 1975 after obtaining permission from the concerned Authority of that time. Besides the residential house, shops were constructed on the outer part of the land.

As per appellant, a room was constructed over the shops for being used as clinic as the appellant is a Doctor by profession.

When the appellant was posted outside Jammu at different places he could not utilized the clinic. In the year 2006 when he was posted at Jammu he replaced the roof of the clinic which had been badly damaged and was leaking profusely. At the same time the appellant constructed a underground water tank to cater the needs of his family members. Both the activities were carried out without seeking any permission from the respondent.

2. On 14.11.2006 the respondent served a final notice for demolition of the clinic and closing down the underground water-tank, upon which the appellant filed the present appeal.

3. In the appeal, it is alleged that final notice is illegal because no show cause notice was earlier served up
































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