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2015 Supreme(J&K) 176

JANAK RAJ KOTWAL
Kanav Khajuria – Appellant
Versus
State of J&K – Respondent


For the Petitioner:Sunil Sethi, Sr. Advocate, Vaibhav Gupta and Pranav Kohli, Advocates.
For the Respondents:S.S. Nanda, Sr. Advocate and Sachin Gupta, Advocate.

JUDGMENT :

Janak Raj Kotwal, J.

1. The Jammu and Kashmir Control of Building Operations Act, 1988 (for short, the Act) has been enacted to amend and consolidate the law relating to control of building operations in the State. Section 4 of the Act prohibits inter alia 'development' of any site or to erect or re-erect any building in any area except with the previous permission of the Authority concerned. Section 3 authorizes the State Government to appoint an Authority for the purpose of the Act for an area to which the Act applies. Section 7 provides for demolition, alteration or pulling down of a building so far as it is necessary to remove the violation and section 8 empowers the Authority concerned to issue an order directing sealing of such building/site.

2. In all these petitions, petitioners seek issue of writ, order or direction in the nature of Certiorari quashing notices (orders) for sealing of their business premises issued in terms of section 8(1) of the Act. Petitioners also seek Mandamus commanding the respondents to de-seal their business premises. In OWP No. 470/2015, petitioners also seek writ of Mandamus declaring the action of the respondents in invoking provisions














































































































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