R.SUDHAKAR
Mohd. Hanief Sofi – Appellant
Versus
State of J&K – Respondent
R. Sudhakar, J.
1. Writ petition is of the year 2007. It has not been admitted so far. However, after perusal of the writ petition, the same is admitted. According to the petitioner, in a case of Habibullah Khan v. Chairman BOCA, the J & K Special Tribunal, Srinagar passed a common order dated 16th November, 2005 and the directions issued in the said order are reproduced hereunder:
"It is now ordered that all the appeal cases annexed herewith this order shall stand disposed of with the following directions:
1. BOCA authority in SMC shall initiate action U/s. 7(1) [Where the erection or re-erection of any building has survey or commenced or is being carried on or has been completed without the permission referred to in section 4 or in contravention of any condition subject to which any permission has been granted, the Authority shall issue a notice in writing calling upon the person to show cause within a period of 48 hours, why the building should not be altered or demolished as may be deemed necessary to remove the contravention.] and 7(3) [If the person to whom the notice has been given refuses or fails to show cause within a period specified under sub-section (1) or if afte
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