ORDER :

1. Challenge is thrown to Order dated 10.12.2012, passed by J&K Special Tribunal, Jammu (for short “Tribunal”) allowing Appeal preferred by respondent No. 1, and setting aside Demolition Notice No. MJ/CEO/24/3/2012 dated 03.01.2012, issued under Section 7(3) of Control of Building Operation Act, 1988 (briefly hereinafter “Act of 1988”).

2. Succinctly put by petitioner, i.e. Building Operation Controlling Authority Municipal Area, Jammu (for brevity BOCA) approval, vide Order dated 08.12.2009, was granted in favour of respondent No. 1, to construct residential building. The construction is said to have been carried in violation of approval/sanction, therefore, BOCA issued Notice No. 24/CEO/1/2011 dated 02.11.2011 under Section 7(1) of the Act of 1988, to respondent No. 1, to show cause as to why khilafwarzi/violation should not be demolished. Another Notice No. MJ/CEO/24/3/2012 dated 03.01.2012 was issued by Joint Commissioner, Municipal Corporation, Jammu, under Section 7(3) of the Act of 1988, asking respondent No. 1, to demolish the construction/violation detailed therein. Respondent No. 1 preferred Appeal against Notice No. MJ/CEO/24/3/2012 dated 03.01.2012, before learned