HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on: 04.07.2025 Pronounced on: 21.11.2025 Uploaded on 21.11.2025 Whether the operative part or full judgment is pronounced Case No.:- WP (C) No. 1673/2025 CM No. 3836/2025 Punjab Singh …..Petitioner(s)

Through: Mr. Lawanya Sharma, Advocate.

Vs Jammu Development Authority and Anr.

.…. Respondent(s)

Through: Mr. Atul Verma, Advocate vice Mr. Adarsh Sharma, Advocate.

Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

21.11.2025

1. Heard Mr. Lawanya Sharma, learned counsel for the petitioner.

2. The fact frame of the case as set out in the writ petition is that by virtue of Notice No. JDA/BOCA/KWI/588-594 dated 14.02.2025 issued in terms of Section 7(1) of the Jammu and Kashmir Control of Building Operations Act, 1988 (in short ‘Act of 1988’), the petitioner came to be put to show cause by the Khilafwarzi Inspector (I/C), Jammu Development Authority (JDA) stating therein that the petitioner is raising construction in contravention of the provisions of Act of 1988 at village Chak Lalla without requisite building permission from the competent authority and since village Chak Lalla falls within the jurisdiction of Jammu Master Plan, 2032, as such, any construction of a commercial nature is not permissible and, therefore to show cause against demolition of the offending construction.

3. Alongside the aforesaid Notice under Section 7(1) of the Act of

1988, the petitioner also came to be put to Notice No. JDA/BOCA/KWI/595-600 dated 14.02.2025 also issued by Khilafwarzi Inspector (I/C), Jammu Development Authority invoking Section 12(1) of the Act of 1988 directing stoppage of ongoing offending construction in reference.

4. The petitioner claims to have responded to the show cause notice issued under Section 7(1) of the Act of 1988 but having not convinced the notice issuing authority resulted in issuance of an Order No. JDA/BOCA/KWO/N.T/26-30 dated 02.05.2025 in terms of Section 7(3) of the Act of 1988 thereby directing the demolition of the offending construction.

5. The petitioner came to be served with an Order No.

JDA/Teh-D/CEO/43-50 dated 26.05.2025 under Section 8(1) of the Act of 1988 thereby bringing the building construction in reference under sealing.

6. The petitioner came to prefer an appeal under Section 13 of the Act of 1988 against demolition Order No. JDA/BOCA/KWO/N.T/26-30 dated 02.05.2025 of ordering of demolition of the building in reference and also against sealing order No. JDA/Teh-D/CEO/43-50 dated 26.05.2025 before the Jammu and Kashmir Special Tribunal, Jammu (in short, ‘Tribunal’) on 19.06.2025 on its file No. STJ/160/2025 accompanied with an application for staying the operation of the sealing order as well as demolition order.

7. The Tribunal, by virtue of an order dated 20.06.2025, came to order stay of operation of the demolition order No. JDA/BOCA/KWO/N.T/26-30 dated 02.05.2025 but deferred the indulgence in staying the sealing order on the premise that let other side i.e., Jammu Development Authority come forward with its submission and production of record for the Tribunal to pursue and appreciate.

8. The petitioner has come to invoke writ jurisdiction of this Court under article 226 of the Constitution of India seeking, in principal, quashment of sealing order No. JDA/Teh- D/CEO/43-50 dated 26.05.2025 of the respondent No. 1 acting as prescribed authority BOCA, Jammu Local Area.

9. Since the petitioner has availed the remedy of questioning sealing order in his appeal pending before the J&K Special Tribunal, as such, the petitioner cannot sail in two boats simultaneously. The writ petition is, therefore, misconceived and hence dismissed.

(RAHUL BHARTI JUDGE JAMMU 21.11.2025 Naresh/Secy Naresh Kumar

2025.11.21 15:04 I attest to the accuracy and integrity of this document