TASHI RABSTAN
Jammu Municipal Corporation – Appellant
Versus
Naresh Chowdhary – Respondent
Tashi Rabstan, J.
1. Challenge in this petition is to order dated 28.04.2011 passed by Jammu and Kashmir Special Tribunal, Jammu (hereinafter "Tribunal"), whereby it directed compounding of violation of construction committed by Respondent No. 1. The case of petitioner-authority is that vide No. 344/BS/06, dated 26.08.2006 Respondent No. 1 was permitted to raise construction of residential house for Ground floor, Ist floor and Second Floor at Plot No. 102 Sector No. 6, Trikuta Nagar, Jammu. The permission was to raise construction, comprising two bed rooms, two toilets, one kitchen, one living room and staircase covering built-up area of 1150 sq. ft. over 3299 of the plot area at each floor. On 30.10.2006, Khilafwarzi Inspector of the area reported that Respondent No. 1 started construction against the approved plan. Show Cause Notice No. MJ/Estt/93/CEO/06 under Section 7(1) and Notice No. MJ/Estt/93/CEO/2/06 under Section 12(1) of the J&K Control of Building Operation Act, 1988, both dated 31.10.2006, to discontinue the construction, were served upon Respondent No. 1. He neither showed any cause nor stopped the construction. Notice No. MJ/Estt/93/CEO/3/06, dated 04.06.200
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