Serial No. 135 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No.7962/2025 Satish Kumar Gupta ….. Petitioner(s)

Through: Mr. Ankesh Chandel, Advocate Vs Jammu Municipal Corporation & Ors.

.….Respondent(s)

Through: Mr. Harshwardhan Gupta, Advocate Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

(10.12.2025)

1. Heard Mr. Ankesh Chandel, Advocate for the petitioner.

2. Vide Building Plan sanction No.99/JMC/BS/2025-26 dated 01.05.2025, granted by the Jammu Municipal Corporation (JMC), the petitioner came to be granted building permission for residential construction of ground floor, 1st floor & 2nd floor with built-up area 37.95 sq. m at the ground floor and 34.2 sq. m at the 1^st as well as 2^nd floor.

3. As per the sanctioned building plan, the petitioner was meant to reserved front set back of 2.33 m.

4. The proposed construction is at the site of ward No.44, survey No.1 min, Channi Rama, Jammu which plot of land the petitioner had come to be purchased by virtue of registered sale deed dated 21.12.2024

5. Alleging that the petitioner was acting in violation of the building plan, the petitioner was put to show-cause notice No.JMC/DCCSS/ENF/666-69 dated 04.10.2025 under section 253(1) of the Municipal Corporation Act, 2000 which has come to be followed by issuance of final order No.JMC/DC(S)/ENF/870-74 dated 05.12.2025 directing the petitioner to remove the violations mentioned in the violation chart within given period of time, failing which demolition to take place at his risk and cost, to be carried out by the Jammu Municipal Corporation (JMC).

6. The petitioner has come forth with the present writ petition assailing the legality and validity of the impugned order and the exercise of authority in issuing so by the respondent No.2-the Deputy Commissioner, JMC, purportedly referring to the fact that the violation, if any, committed by the petitioner, is not of that nature as to warrant resorting to demolition, keeping in view the fact that the petitioner is coming up with the residential construction exclusively.

7. Prima facie case made out.

8. Issue notice to the respondents in the main petition as well as in connected CM.

9. Mr. Harshwardhan Gupta, Advocate accepts notice on behalf of the respondents. Reply be filed before the next date of hearing.

10. In the meantime, operation of impugned order No.JMC/DC(S)/ENF/870-74 dated 05.12.2025 shall remain stayed. The parties to maintain status quo with respect to building premises in reference.

11. This order is, however, subject to objections from the other side.

12. List on 27.02.2026 (RAHUL BHARTI)

JUDGE JAMMU

10.12.2025 Sneha