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TASHI RABSTAN, WASIM SADIQ NARGAL
Meenakshi Chouhan – Appellant
Versus
Jammu Municipal Corporation – Respondent
JUDGMENT :
Wasim Sadiq Nargal, J.
1. 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. x 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 owne
Deprivation of property without due process violates constitutional rights. Sealing without prior notice and opportunity to be heard is a violation of natural justice.
Sealing of unauthorised construction does not require a written order if a previous sealing order exists. Petitioners' lack of clean hands can lead to dismissal of their petition.
The court held that a notice issued under the Jammu and Kashmir Control of Building Operations Act must be properly addressed to the correct individual, and the petitioner should not have to confirm ....
The court determined that notice to the property owner is sufficient for seizure actions under the Rajasthan Municipalities Act, thus denying the necessity for tenant notifications in cases of unauth....
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