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2023 Supreme(J&K) 545

WASIM SADIQ NARGAL
Building Operation Controlling Authority Municipal Area Jammu – Appellant
Versus
Nageen Ara W/o Mansoor Ahmed Mir – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajnish Raina.
For the Respondents: R.K. Jain, Pranav Jain.

JUDGMENT :

WASIM SADIQ NARGAL, J.

Prayer on behalf of the Petitioner:

1. The present writ petition has been filed by the Building Operation Controlling Authority through its Joint Commissioner, Municipal Corporation, Jammu. The petitioner has filed the present petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction seeking quashment/setting aside of the order dated 10.11.2017 passed by the Learned J&K Special Tribunal, Jammu in File No. STJ/105/2017 titled Nageen Ara vs. Joint Commissioner. Besides, the petitioner by writ of mandamus, is seeking a direction to the respondents to demolish the unauthorized construction.

Arguments on behalf of the petitioner

2. Learned counsel for the petitioner submits that respondent claims to be owner in possession of plot measuring 5400 sq ft situated at village Sidhra, Jammu and the respondent with intention to raise residential construction applied before the petitioner for grant of necessary sanction and accordingly, sanction was duly granted in favour of the respondent to raise residential

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