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2023 Supreme(J&K) 395

JAVED IQBAL WANI
Mohammad Shafi Tramboo, Son of Haji Abdul Ahad Tramboo – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr A. H. Naik, Sr. Advocate with Mr Zia Ahmad Shah, Advocate.
For the Respondent: Mr Mohsin Qadri, Sr. AAG with Ms Maha Majid, Assisting Counsel.

JUDGMENT :

1. The petitioners herein through the medium of instant petition filed under Article 226 of the Constitution implores for the following relief:-

    A writ of mandamus commanding the respondents to grant No Objection Certificate in favour of the petitioners enabling them to approach Building Operations Controlling Authority having jurisdiction over the area for grant of permission to raise construction on the subject land in accordance with the plans approved and sanctioned by the Authority.

2. The facts emerging from the pleadings of the parties and the record appended thereto being relevant to the controversy involved in the instant petition would reveal that a notification issued under Section 3(1) of the Town Planning and Improvement Act by respondent 1 herein was published in the Government Gazette dated 26 Sawan 1996 (10.08.1939) signifying the intention of the Government to frame a Scheme for the extension, development and improvement of certain areas mentioned in the notification including the Pahalgam Town Area. Subsequently, the said notification was directed to be as one issued under Section 8 of the Town Planning Act in terms of Section (1) of Jammu and Kashmir Tow

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