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2025 Supreme(J&K) 201

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Sanjay Dhar
Palm Island Space Owners Welfare Association – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vikram Sharma, Sr. Advocate with Mr. Sachin, Dev Singh Advocate., Mr. S. Sanpreet Singh and, Mr. Zaheer Abbas Khan Advocate.
For the Respondent:Mr Rahul Pant, Sr. Advocate with Mr. Anirudh Sharma Advocate, Mr. Sunny Mahajan Advocate, Mr. Mohd Aleem Beg Advocate with Mr. Harmit K. Mehta Advocate

JUDGMENT :

Sanjay Dhar, J.

1.Petitioners Nos. 2 to 12 claim to be the members of petitioner No.1-Association and owners of commercial spaces in Palm Island Mall, Canal Road, Jammu. Through the medium of present writ petition, they have sought a direction upon the official respondents to carry out the construction work of 4-Lane Flyover from 4th Bridge near Bhagwati Chowk to Canal Head on the Jammu-Akhnoor Road Section of NH-144A in Jammu strictly in accordance with the approved Detailed Project Report (for short ‘DPR’) and technical specifications. A further direction has been sought upon the official respondents to adhere to and not to deviate from the approved design and technical specifications of the DPR of the said Flyover, with a direction restraining the official respondents from reducing the width of the road in front of Palm Island Mall by constructing a blind wall.

2. According to the petitioners, the commercial complex, Palm Island Mall, was constructed after approval of the building plan from the Building Operations Controlling Authority of Jammu Municipal Corporation and as per the sanctioned plan, a provision was made for entry into the Mall from the Akhnoor Road side wi

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