1. This appeal has been directed against the order No. MJ/Estt/126/CEO/03/09 dated 29-3-2010, passed by respondent No. 2, by virtue of which appellant has been asked to demolish the unauthorized construction constructed at Haider pura janipura Jammu, within a period of five days from the date of the service of the notice.

2. Appellant has challenged the order impugned on the grounds that appellant constructed a house at Haiderpura, Janipura Jammu in the year 1990, the said house comprises of 5 rooms on the ground floor, 5 rooms on the first floor and 3 rooms on the second floor and it has further stated in the memo of the appeal that the construction in question has been raised by the appellant's father way back and at that time the said area was under the jurisdiction of the JMC.

3. That the appellant and her husband are both Government employee and posted in Kishtwar and Bhaderwah and at present their daughter is residing at the said house who is also a student of Dental College Seohra Kunjwani. So the question of receiving notice U/S 7(3) of J&K COBO Act, 1988 does not arise. In case the said notice would have been received, the appellant would have made clear that the said constr

Click Here to Read the rest of this document