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-issuance.

JUDGEMENT

1. In the instant petition filed under Article 226 of the Constitution of India, the petitioners herein implore for the following reliefs:-

“Writ of certiorari quashing the order dated 07.02.2011 passed by respondent no. 1 in file No. STJ/759/2009 in appeal titled Subash Choudhary & Ors. v. Joint Commissioner, dismissing the appeal of the petitioners with a further prayer for allowing the appeal of the petitioners thereby quashing the notice of demolition impugned in the appeal.”

2. The facts under the shade and cover of which the aforesaid reliefs are claimed by the petitioners and as stated in the petition would reveal that the petitioners herein claimed to have constructed a building known as “Satyam Resorts” (hereinafter 'the Resort') in the year 2000-01 for organizing social functions therein, after obtaining necessary permission from Block Development Officer, Parmandal, owing to the fact that the permission for raising constructions in the area at that relevant point of time were not governed and regulated under the Municipal Laws being an area falling outside the municipal limits of Jammu Municipal Corporation and came to be included within the limits of Jammu Municipal Corporation thereafter in the year 2003.

3. It is being stated that after the construction and establishment of the Resort in the year 2000-01, the same was made operational and on account of its use and usage for marriage and other related functions during marriage seasons necessitated its necessary renovation and repairs in order to keep the Resort in good and proper condition.

4. It is next being stated that after a considerable period of time from the date of the construction, establishment and operation of the resort, the Jammu Municipal Corporation (for short, 'the Corporation') issued a demolition notice under section 7(3) of the J&K Control of Building Operations, Act, 1988 (for short, 'the Act of 1988') vide No. MJ/Estt/198/3/CEO/09, dated 04.09.2009 and served upon the petitioners on 07.09.2009, aggrieved whereof the petitioners questioned the same in a statutory appeal before the J&K Special Tribunal, Jammu (for short, 'the Tribunal')/respondent 1 herein inter alia on the grounds that no show cause notice under section 7(1) of the Act of 1988 was ever served upon the petitioners by the corporation before issuance and service of demolition notice dated 04.09.2009 and that the petitioners did not raise any construction on the spot, but only executed renovation and minor repairs in the building/the Resort in order to maintain the same in good condition and that no violation of the Act of 1988 or Master-Plan or any other Law was committed by the petitioners.

5. It is being lastly stated in the petition that the appeal filed by the petitioners came to be dismissed by the Tribunal/respondent 1 herein without proper application of judicial mind ignoring the settled principles of law and natural justice.

6. Objections to the petition have been filed by the respondent 2 herein, wherein it is being stated that a complaint was filed by one Sh. Wikhil to the then Chief Minister of J&K, alleging therein that the Govt. land under the premises of JK Resorts near Marble Market, Jammu has been grabbed by unfair means by the occupants through muscle power of land mafia and that a Mall is under construction thereon without permission from the competent authority.

7. It i