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2014 Supreme(J&K) 120

Madan Lal
Raman Pandoh – Appellant
Versus
Building Operation Controlling Authority – Respondent


Advocates Appeared:
Danish Bhat, Vinay Chib.

ORDER

1. Brief facts of the case is that appellant has preferred an appeal for setting aside the order dated MJ/CEO/199/3/2011 dated 3.10.2011 on the grounds that the respondent had issued notice under section 12 (1) and 7 (1) of J&K Control of Building Operation Act upon the appellant in the month of July, 2011 i.e. 16th of July, 2011. Appellant on receiving the notice, approached the respondent authority and shown them the sanctioned plan satisfied them regarding the alleged construction which was nothing but minor repairs of the old structure without changing the alignment and without dismantling the old structure and the same was allowed by the respondent at that time. Appellant has received a notice u/s 7 (3) of J&K Control of Building Operation Act whereby the appellant was directed to demolish the entire building. Despite the facts, no new construction had been carried out other than minor repairs. Respondent had served the impugned notice after lapse of almost three months from the date of first notice u/s 12 (1) & 7 (1) of J&K Control of Building Operation Act which clearly shows malafide on the part of respondent authorities. The impugned order is vague , does not contain













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