Back
HIGH COURT OF JAMMU AND KASHMIR
NAHAR RAM – Appellant
Versus
JAMMU DEVELOPMENT AUTHORITY TH. ITS CHAIRMAN AND OTHERS – Respondent
ORDER :
1. The petitioner’s grievance emanates from the course of action at the end of the respondent No. 2-Building Operation Controlling Authority (BOCA), Jammu Development Authority (JDA) by issuance of a notice under section 8(1) of the Jammu and Kashmir Control of Building Operations Act (COBA), 1988 by virtue of an order No. JDA/BOCA-A/974-982 dated 31.08.2021 by addressing the said notice to one Nar Singh S/o Natha Ram R/o Sari Rakwala in the garb of which it is the house property of the petitioner which has been brought under sealing leaving the petitioner clueless as to who is Nar Singh S/o Natha Ram against whose property the said notice was and is actually meant to operate whereas it is the property of the petitioner who is son of Sh. Ananta Ram which has come to be invaded in the execution of this notice. The petitioner is said to be the original inhabitant of village Sari Rakwal, tehsil Marh, district Jammu.
2. The petitioner made an unsuccessful attempt by filing an appeal assailing the impugned notice dated 31.08.2021 before the Jammu and Kashmir Special Tribunal, Jammu on file No. STJ/268/2021 which came to be refused admission by the Jammu and Kashmir Special Tribuna
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 ....
Deprivation of property without due process violates constitutional rights. Sealing without prior notice and opportunity to be heard is a violation of natural justice.
The main legal point established in the judgment is the interpretation of the provisions of the Control of Building Operations Act, particularly regarding the authority to challenge judgments and the....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
