Ramesh Kumar Wattal, Member (Judicial)

In this appeal the appellant is aggrieved of the order No. JMC/CE0/260/3/2015 dated 11-09-2015 passed under section 7(3) of Control of Building Operation Act by the respondent No.1, whereby the appellant was directed to demolish the construction/violations as indicated in the order within 5 days of the service of the order. The said notice was received by the appellant on 11-01-2016.

2. That the appellant is owner in possession of building situated at Janipur Housing Colony, Jammu and the first floor of the aforesaid building was being used for commercial purposes and the same was constructed in the year 2014 by removing tin shed by the appellant. Thereafter the appellant has raised construction of the first floor. Vide Agreement to sell dated 16-10-2014 the appellant has purchased the leasehold rights of the aforesaid JDA plot measuring 25' X 50' from the lessee in whose favour the lease deed was executed in his favour.

3. That before issuing the order impugned no notice as required under section 7(1) was ever served upon the appel