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Sr. No. 164

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 3784/2025

CM No. 8616/2025

New Model Academy

through Chairman Pardeep Kumar and another

…..Petitioners

Through: Mr. Vikas Mangotra, Advocate

Vs

UT of J&K and others

.….Respondents

Through:

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

ORDER

(30.12.2025)

01. The petitioner – New Model Academy is an

educational institution, which through its Chairman –

Pardeep Kumar is coming forward with present writ petition

filed on 30.12.2025 being aggrieved of an impugned Order

No. JDA/Teh-D/CEO/541-548 dated 15.11.2025 passed

by the Chief Enforcement Officer, Building Operation

Controlling Authority, Jammu/Samba Local Area by

reference to the Jammu Development Authority (JDA)

whereby a portion of school premises of the petitioner-New

Model Academy has been put to sealing under section 8(1)

of the Jammu & Kashmir Control of Building Operations

Act, 1988

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CM No. 8616/2025

02. The issuance of impugned notice under section 8(1)

of the Jammu & Kashmir Control of Building Operations

Act, 1988 is being co-related with the fact that by virtue of a

notice No. JDA/BOCA/KWI/354-360 dated 19.05.2025

issued under section 7(1) of the Jammu & Kashmir Control

of Building Operations Act, 1988, the petitioner was put to

to show cause against reported illegal and unauthorized

construction taking place without any valid permission

raised by the petitioner – New Model Academy, Tinday

Khurd, Tehsil Bishnah.

03. Following the said notice under section 7(1) of the

Jammu & Kashmir Control of Building Operations Act, 1988

is a notice No.JDA/BOCA/KWI/427-432 dated 29.05.2025

under section 12(1) of the Jammu & Kashmir Control of

Building Operations Act, 1988 again addressed to the

petitioner – New Model Academy.

04. The legal course of action so initiated under section

12 of the Jammu & Kashmir Control of Building Operations

Act, 1988 is said to have been followed further by issuance

of a notice No. JDA/BOCA/ KWI/708-712 dated

02.09.2025 under section 12(2) of the Jammu & Kashmir

Control of Building Operations Act, 1988 and then notice

No. JDA/BOCA/KWO/NT/337-340 dated 19.09.2025

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CM No. 8616/2025

under section 12(3) of the Jammu & Kashmir Control of

Building Operations Act, 1988.

05. Finally, the petitioner-New Model Academy is said to

have been served with a demolition Order No.

JDA/BOCA/KWO/NT/330-336 dated 16.09.2025 under

section 7(3) of the Jammu & Kashmir Control of Building

Operations Act, 1988.

06. The offending construction so undertaken by the

petitioner-New Model Academy is said to be commercial in

nature relatable to school building premises.

07. The petitioner-New Model Academy comes forth with

the averments made in the writ petition that by virtue of the

sealing order, 3^rd and 4^th floor of the school building

premises otherwise constructed in pursuance of prior

permission granted by the competent authority constituted

in terms of Govt. Order No. 11-RD&PR of 2022 dated

22.01.2022, have come to be sealed.

08. The school premises of the petitioner-New Model

Academy is said to be located upon land falling under

khasra No. 387 (1 kanal 10 marlas) & khasra No. 391 (2

kanal) in Village Tinday Khurd, Bishnah.

09. The petitioner school is said to be in existence since

2000 and presently has the status of being a Higher

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CM No. 8616/2025

Secondary School duly affiliated with the Jammu & Kashmir

Board of School Education. The school premises is said to

be located on the purchased piece of land.

10. All the essential facts and grounds of challenge as

relatable to the origin of the school, its assets, its recognition

and the grounds of challenge are set out in para 3 in detail

in the writ petition.

11. For reasons best known to the counsel for the

petitioner, no averment in the writ petition has been made

as to whether against the final demolition Order No.

JDA/BOCA/KWO/NT/330-336 dated 16.09.2025 issued

under section 7(3) of the Jammu & Kashmir Control of

Building Opera