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IN THE HIGH COURT OF JAMMU AND KASHMIR
VINOD CHATTERJI KOUL, J
Chairman B. O. C. A. – Appellant
Versus
Jameel Hussain Farooqi – Respondent
JUDGMENT :
1. Issuance of writ of certiorari quashing Order dated 11th October 2012, passed by J&K Special Tribunal (“Tribunal” hereinafter) in an Appeal titled as Jameel Hussain Farooqi and another v. BOCA and others, filed by respondents 1&2 herein against Order of Demolition dated 4th August 2012, is sought for by petitioners in the instant writ petition.
2. It is appropriate to see what petitioners state in their writ petition.Petitioners aver that building permission no.6060 of 2012 dated 2nd May 2012 was given in favour of respondents 1&2 herein to construct a three storeyed residential house with basement floor having three shops in the ground floor. However, respondents 1&2 raised construction in blatant violation of terms and conditions of building permission. Proceedings under J&K Control of Building Operation Act, 1988 (“Act of 1988” for short) were initiated against respondents. Finally, order of demolition bearing no.SMC/Enf/ 624-27 dated 4th August 2012 under Section 7(3) of the Act was issued by petitioners. Respondents 1&2 preferred Appeal before Tribunal. Violations/ deviations have been compounded by Tribunal against composition fee of Rs.1,29,100/- by order impugne
Unauthorized constructions cannot be legitimized due to administrative delays; strict compliance with building regulations is essential.
The Tribunal has the authority to compound minor building violations, and its findings on such matters are final, especially when the petitioner fails to act on submitted revised plans.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
The Tribunal has the authority to regularize minor violations of building regulations, and the High Court's supervisory jurisdiction does not extend to re-evaluating factual determinations made by lo....
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
A writ petition challenging local authority actions is not maintainable when alternative statutory remedies are available, especially if a related appeal is pending.
The court emphasized that it cannot go into disputed questions of fact while exercising writ jurisdiction under Article 226 of the Constitution and highlighted the finality of orders and the bar on j....
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