2013 Supreme(J&K) 369
MUZAFFAR HUSSAIN ATTAR
Building Operation Controlling Authority – Appellant
Versus
Tarvinder Kour – Respondent
Advocates Appeared:
S.S. Nanda, U.K. Jalali, Amit Rasotra.
1. Petitioner issued Notice to owner of building under Section 7(1) of the J&K Control of Building Operation Act, 1988 (for short Act of 1988) dated 26.02.2013 wherein he was informed that he has allegedly converted the residential building into commercial one by opening the "SPA" (Beauty Parlour) on first floor without the permission of Jammu Municipal Corporation, and has changed the land use from residential to commercial one. It was also alleged in the Notice that the alleged illegal construction has seriously affected the planned development of the Jammu City and it contravened the zoning regulation. Notice, however, was received by the tenant (respondent No. 1 in the writ petition). The Commissioner, Municipal Corporation Jammu, in exercise of power under Section 8(1) of J&K Control of Building Operation Act, 1988 read with Jammu Municipal Area Building Operations Controlling Authority No.4th dated 27.11.1999, ordered for sealing of the premises. Respondent No.1 challenged the said order of sealing in appeal before the J&K Special Tribunal at Jammu. The Special Tribunal vide order dated 07.03.2013, set aside the order of sealing. The petitioner was directed to de-seal the pre
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