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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
JAVED IQBAL WANI
Building Operation Controlling Authority – Appellant
Versus
Sudesh Khajuria S/o Sh. Lok Nath Khajuria – Respondent
JUDGMENT (ORAL)
JAVED IQBAL WANI, JUDGE
1. The instant petition has been filed by the Building Operation Controlling Authority, Jammu (for short BOCA), against order dated 24.08.2012 (for short the impugned order) passed by the J&K Special Tribunal, Jammu respondent 2 herein while invoking the provisions of Articles 226 and 227 of the Constitution of India (previously Sections 103 and 104 of the Constitution of J&K).
2. The facts emanating from the record would reveal that the respondent herein intended to raise construction of a residential-cum-commercial complex and for the said purpose had applied to BOCA for grant of permission somewhere in the year 2009, whereupon the BOCA in terms of order No. 1914/BS/2009 dated 21.11.2009 granted permission in favour of the respondent herein as follows:
a) Building norms to be followed while construction:
i) …..
ii) ……
iii) ……
iv) ……
v) Construction of Basement floor with height 8”-0” upto Slab -855 Sft.
vi) Construction of the plinth for Residential Block -2180 Sft.
b) After construction of structure as per conditions at (a) the applicant shall get the same inspected to check the violation if any, so as to consider the stage 2nd construction with cons
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....
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....
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.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
A writ petition challenging local authority actions is not maintainable when alternative statutory remedies are available, especially if a related appeal is pending.
The Special Officer lacked jurisdiction to regularize unauthorized construction under the KMC Act, rendering the action null and emphasizing the fundamental nature of jurisdiction in legal proceeding....
Unauthorized constructions cannot be legitimized due to administrative delays; strict compliance with building regulations is essential.
The court highlighted the importance of adhering to building permissions and procedures outlined under municipal law in construction matters.
The court upheld the Tribunal's decision to compound minor construction violations, emphasizing the importance of administrative finality in factual disputes and limiting high court intervention.
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