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 his identity to avoid unjust actions.

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 Tribunal by virtue of an order dated 01.11.2021 and the petitioner is now again approaching this Court in the second round with the present writ petition under article 226 of the Constitution of India.

3. A bare perusal of the notice dated 31.08.2021 would ex facie show that it is not meant for the petitioner. It is not the responsibility of the petitioner to self-confirm his parentage before the respondent No. 2-Building Operation Controlling Authority, Jammu Development Authority for the sake of suffering issuance of a statutory notice and order under Jammu and Kashmir Control of Building Operations Act (COBA), 1988.

4. Ex facie the petitioner’s property could not become the subject matter of sealing under the impugned notice dated 31.08.2021 issued under section 8(1) of the Jammu and Kashmir Control of Building Operations Act (COBA), 1988.

5. Issue notice to the respondents in the main petition as also in application.

6. Mr. Atul Verma, Advocate on behalf of Mr Adarsh Sharma, Advocate accepts notice on behalf of the respondents No. 1 and 2. He seeks and is allowed four weeks time to file reply to the writ petition. The reply to be submitted under the signature and upon the affidavit of the Vice Chairman of the Jammu Development Authority and none else with the production of the entire file attending the issuance of the impugned notice dated 31.08.2021.

7. Let notice go to the respondent No. 3.

8. Petitioner to furnish registered postal cover for the service of the respondent No. 3 within a period of seven days whereupon the Registrar Judicial, Jammu to issue notice to the respondent No. 3.

9. List again on 02.09.2024.

10. In the meantime, the operation of the impugned notice dated 31.08.2021 is stayed. The building premises of the petitioner is directed to be de-sealed with the rider that the petitioner shall not undertake any additional construction /modification/alteration in any manner whatsoever without seeking proper permission from the respondent No. 2-Building Operation Controlling Authority, Jammu Development Authority.