1. Notice dated 26.7.2006 issued by respondent No:3 directing the appellant to stop the construction of Hotel has been assailed in this appeal and sought to be set aside on the ground that the notice is invalid and without jurisdiction.

2. Whether the notice can be invalidated, it is necessary to take note of the facts of the present case.

3. As per record, two plots of JDA Jammu measuring 5.83 Kanals were purchased by the appellant on payment of Rs.2.65 crores in open auction in the year 1989. After execution of lease deed between the appellant and the Jammu Development Authority (JDA), the possession of the aforesaid plots was not handed over to the appellant which forced him to file a petition in the Hon'ble High Court. The writ petition was decided with a direction to JDA to either hand over the possession of the plots or refund the amount alongwith interest at the rate of 18% per annum. In the light of the direction of the Hon'ble High Court the possession of plots was handed over to the appellant. Thereafter he applied, for building permission for constructing a Hotel on the plots, to the authority under Building Operation Controlling Authority (BOCA) Jammu. After doing the formalities the building permission was granted by an order dated 10.8.2005.

4. Because the appellant was permitted to construct two basements for parking and other amenity, the appellant started digging the basement.

5. The then Vice-Chairman Shri K.B.Jandial of JDA suo moto vide his letter No:JDA/CTB/949-53 dated 26.12.05, addressed to the Executive Engineer JDA Division-I Jammu, asked him to monitor the construction and report any violation. The copy of this letter was sent to Superintendent Engineer, Director Land Management, Chief Khalifwarzi Officer and Khalifwarzi Officer of the JDA. Another copy was sent to appellant for information and for submitting a copy of structure design of his proposed complex for monitoring the construction by the JDA Engineers. The appellant was informed to stick the building plan and fill the area of two basements, if done more than required by laying down the concrete foundation failing which it was directed that work will be stopped, to ensure the safety of adjoining building. The appellant was also in informed that he had not provided side set back while digging the plot for basement.

6. The Vice Chairman JDA verbally instructed Superintendent Engineer( SE), Chief Town Planner(CTP), Senior Architect and Executive Engineer, JDA to make a spot inspection. This team of officers alongwith Chief Khilafwarzi Officer (CKO) and concerned Khilafwarzi staff inspected the site on 27.12.2005 and observed that appellant was going ahead with the construction without leaving the prescribed set backs as per the approved building plan. It was also observed that construction was being done by the appellant in violation of norms/approved plan.

7. The Inspecting team made a request to Vice Chairman that the Khilafwarzi Wing be directed to get work stopped and allow construction only as per approved plan.

8. Certain directions were given for remedial measure in order to check damage to the adjoining structure on account of digging of two basements. In the light of the inspection report the Vice Chairman on 29.12.2005 directed Director Land Management and Chief Town Planner to get the work stopped as per views of the JDA Engineers.

9. The Chief Khilafwarzi Officer directed Parshotam Dass Khilafwarzi Officer to stop the construction immediately. Parshotam Dass however, addressed a letter dated 3.1.2006 to respondent No:3 expressing his inability to understand the directions issued by the Inspection team. According to him he was not able to understand as to how the work was to be stopped and remaining construction to be carried out as per approved plan. He also informed the respondent No:3 that show cause notice dated 27.12.2005 under Control of Building Operation Act (COBA) has been issued to the appellant and sought the opinion of the respond

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