Ramesh Kumar Wattal, Member (Judicial)

The instant appeal has been filed by the appellant on the grounds that the appellant is the owner in possession of the four storey house at Mohalla Pharain, Jammu consisting of Garage on the ground floor and residential accommodation being purchased by the appellant vide sale deed dated 10th May, 2014. The garage/shop on the ground floor and first floor and the residential accommodation on the second floor was being in very bad condition having developed some crakes and about to fall at any point of time causing huge loss of life and property and in order to protect the garage/shop and residential accommodation, appellant repaired the same under bona fide belief that no permission is required for the same.

2. The respondents issued three notices Vide no. MJ/CEO/11/1/2013 dated 9.5.2013, No. MJ/CEO/11/2/2013 dated 9.5.2013, and no. MJ/CEO/11/3/2013 dated 14.5.2013 and u/s 12 (1) of J&K Control of Building Operation Act 1988 and directed to demolish the construction/violation within five days and the appellant challenged the issues of notices that notices/orders impugned are against the law and facts of the case. No new structure has be