1. The challenge in this petition is to order dated 04.04.2013 passed by the J&K Special Tribunal, Jammu, remanding the case of respondent No. 1 to petitioner-Authority for consideration afresh.

2. The case of petitioner-authority is that vide Order No. 1232/BS/2010 dated 29.12.2012 respondent No. 1 was permitted to construct residential house at Karan Nagar, Jammu with built-up area of 845 sq. ft, at ground floor and 538 sq. ft on 1st floor on a plot area of 1230 sq. ft. Further case of petitioner-Authority is that instead of raising construction as per the approved plan, respondent No. 1 raised construction on ground floor covering an area of 900 sq. ft. against the sanctioned limit of 845 sq. ft., and also covered an area of 858 sq. ft. on first floor against the sanctioned limit of 538 sq. ft., i.e., 14% excess at ground floor and 46% excess at first floor. Thus, as per annexure "E" to the petition, the total violation is 375 sq. ft. (55 sq. ft. at ground floor and 320 sq. ft. at first floor). It is contended that instead of maintaining proper set-backs, respondent No. l deviated from the sanctioned plan, thus has violated the provisions of J&K Control of Building Operation Act,

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