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2022 Supreme(J&K) 163

TASHI RABSTAN, WASIM SADIQ NARGAL
Meenakshi Chouhan – Appellant
Versus
Jammu Municipal Corporation – Respondent


Advocates:
Appearing Counsel:
Counsel for the Parties:
For the Petitioners:Mr. Rohit Kohli, Advocate
For the Respondents: Mr. S. S. Nanda, Sr. AAG

JUDGMENT

Wasim Sadiq Nargal, J.

The petitioners are aggrieved of sealing of their property consisting of three halls, one each at ground floor, first floor and second floor, constructed over the plot of land bearing H. No. 84 B/B, Gandhi Nagar, Jammu; sealed vide notice bearing No. JMC/CEO/594-96 dated 02.01.2018 issued under Section 8 (1) of the Jammu and Kashmir Control of Building Operations Act, 1988. It is the specific case of the petitioners that no such notice was ever served upon petitioners. The petitioners are the husband and wife, as such, are aggrieved of the notice impugned, having common cause of action and, therefore, they have preferred the present petition, jointly.

2. The Petitioner No. 1 is the owner in possession of plot of land measuring 20 ft. × 80 ft. along with triple storey building consisting of one hall measuring 20 ft. x 60 ft at each floor constructed on the said plot of land bearing No. 84 B/B, Gandhi Nagar, Jammu. It is the specific case of the petitioners that the aforementioned triple storey building consisting of one hall measuring 20 ft x 60 ft at each floor and land appurtenant thereto was purchased by petitioner No. 1 from its erstwhile owner namel

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