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2012 Supreme(J&K) 747

Sanjay Gupta
Kusam Bhatia – Appellant
Versus
Building Operation Controlling Authority, Jammu – Respondent


Advocates Appeared:
Ajay Vaid, Vinay Chib.

1. This appeal has been directed against the order dated. 13.11.2002 issued by respondent no. 1, by virtue of which appellant has been asked to demolish the unauthorized construction raised on 2nd floor situated at SSM Public School Patoli Magotrian Jammu.

2. Appellant in the memo of the appeal, has stated that after obtaining permission for construction from Jammu Municipality, she raised ground floor and first floor on plot situated at Patoli Magotrian Top Sherkhania Jammu. That appellant wanted to raise construction on 2nd floor in aforesaid building and for that purpose, she applied to respondent for grant of building permission. That along with application form a fee of Rs. 100/- as fee of application was deposited on 12.2.2002. That at the time of raising constriction on ground floor and first floor, NOC were obtained from the required authorities. That appellant case for raising construction was taken before in meeting of respondent, but till date sanction has not been communicated. Appellant was told that permission was sanctioned by respondents. Accordingly, appellant raised construction on second floor. That after construction was raised; notice impugned was issued, which
































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