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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL
Building Operation Controlling Authority Jammu Municipal Area – Appellant
Versus
Shanker Singh S/o Shri Karan Singh – Respondent
JUDGMENT :
WASIM SADIQ NARGAL, J.
1. Through the medium of the instant petition filed under Article 226 of the Constitution of India, the petitioner has called in question the order dated 11.12.2013, whereby the respondent No. 2-J&K Special Tribunal (hereinafter referred to as "learned Tribunal") has set aside notice of demolition issued vide No. MJ/CEO/38/3/2012 dated 22.10.2012.
2. The brief facts of the case are that the Khilafwarzi Inspector of the area reported on 28.09.2012 that one Sh. Kewal Krishan Gupta S/o Jamit Raj Gupta has started the construction of compound wall towards the road side by encroaching upon the public land without seeking any building permission. Thereafter the said Khilafwarzi Inspector issued show cause notice as well as notice dated 29.09.2012 under section 7(1) of J&K Control of Building Operation Act 1988 to discontinue the construction which were served upon to the said Kewal Krishan Gupta. The respondent No. 1 replied to the said show cause notice on 17.10.2012, wherein he has submitted that the boundary wall over the strip is being raised by him and not by Kewal Krishan Gupta. Thereafter the show cause notice dated 11.10.2012 as well as the notice t
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 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 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 due to administrative delays; strict compliance with building regulations is essential.
A demolition notice issued without proper service of a show-cause violates principles of natural justice, thus rendering the notice void and enabling the affected party to defend themselves upon re-i....
An order passed in breach of the principles of natural justice is null and void and non-est in the eye of law.
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
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