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JAVED IQBAL WANI
Building Operation Controlling Authority Municipal Area, Jammu – Appellant
Versus
S. Gurmeet Singh – Respondent
JUDGEMENT
1. In the instant petition, filed under Article 226 of the Constitution, the Building Operation Controlling Authority (for short “BOCA”) being the petitioner herein in has challenged the order dated 29.08.2005 (for short “the impugned order”) passed by the J&K special Tribunal, Jammu (for short “the Tribunal”) in an appeal titled as “Gurmeet Singh vs. Building Operation Controlling Authority and another.”
2. The facts giving rise to the filing of the instant appeal reveal that the respondent 1 herein came to be granted a building permission by the BOCA for raising construction of 05 number of shops in the ground floor and a residential house at first floor vide permission No. 202/BS/04, dated 30.09.2004 and that the Khilafwarzi Officer of the area on 19.03.2005 reported that the respondent 1 herein has raised construction against the approved plan resulting into issuance of show cause notice under section 7(1) of the Control of Building Operations Act, 1988 (for short “the Act of 1988”) dated 22.03.2005, followed by notice issued under section 12(1) of the Act of 1988 to the respondent 1 herein dated 22.03.2005 calling upon him to discontinue the construction, whereafter up
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.
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 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.
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....
The judgment emphasizes the need for planned development and the importance of obtaining formal permission for construction, highlighting the consequences of unauthorized construction.
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