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Serial No.14

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Case:- WP(C) No.3544/2025

CM No.8089/2025

Samriti Aggarwal

…..Petitioner(s)

Through: Mr. D.K. Khajuria, Advocate

Vs

Jammu Municipal Corporation & Ors.

.….Respondent(s)

Through:

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

ORDER

(29.12.2025)

1. The petitioner is rendered aggrieved of an order

No.JMC/ENF/4655-58 dated 04.12.2025 passed by the

respondent No.2- Commissioner, Municipal Corporation,

Jammu related to de-sealing of building premises of the

petitioner with a rider/condition upon the petitioner to

remove the building related violations as per violation

chart mentioned in said order itself, in terms of the

Jammu & Kashmir Special Tribunal’s order dated

11.03.2024 passed on file No. STJ/156/2023.

2. The petitioner had preferred an appeal under section 13 of

the J&K Control of Building Operations Act, 1988 on file

No.STJ/156/2023 on 07.08.2023 before the J&K Special

Tribunal, Jammu which came to be disposed of in terms of

order dated 11.03.2024 by allowing the appeal and

setting aside the order No.JMC/CEO/65/03/2022 dated

WP(C) No.3544/2025

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01.08.2023 issued under section 7(3) of J&K Control of

Building Operations Act, 1988 for demolition of the alleged

building violations as noted in show-cause notice

NO.JMC/CEO/65/01/2022 dated 30.01.2023 under

section 7(1) of the J&K Control of Building Operation Act,

1988.

3. By purported recourse to the observations of the J&K

Special Tribunal in para (11) of its order dated

11.03.2024, in terms whereof the Building Operation

Controlling Authority, Jammu Municipal Corporation was

reserved with an option to proceed afresh under law if

there be any violations of building bye-laws committed by

the petitioner, the respondent No.3-Deputy Commissioner

(S), Jammu Municipal Corporation, Jammu switched over

to the provisions of J&K Municipal Corporation Act, 2000

by issuance of notice No.JMC/DC(S)/ENF/517-21 dated

10.03.2025, thereby calling upon the petitioner to stop

the objectionable construction work and remove the

violations within seven days.

4. Against said order No.JMC/DC(S)/ENF/517-21 dated

10.03.2025 of the respondent No.3-Deputy Commissioner

(S), Municipal Corporation, Jammu, the petitioner had

preferred an appeal again before the J&K Special Tribunal

on its file No. STJ/67/2025 read with file

No.STJ/85/2025 which came to be disposed of in terms

WP(C) No.3544/2025

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of order dated 16.09.2025 whereby the order

No.JMC/DC(S)/ENF/517-21 dated 10.03.2025 along

with sealing order No.JMC/ENF/5533-37 dated

11.02.2025 were set aside with a direction to de-seal the

building premises of the petitioner.

5. The petitioner was given liberty to apply to the Jammu

Municipal Corporation for regularization of any violation, if

existing, with respect to the subject building whereupon

the case of the petitioner was directed to be considered for

regularization of the violations within the statutory time of

60 days from the date of petitioner applying so.

6. The petitioner comes forth with the present writ petition

challenging the impugned order No.JMC/ENF/4655-58

dated 04.12.2025 issued by respondent No.2-

Commissioner, Municipal Corporation, Jammu on the

grounds as set out in the writ petition in Para (4) (a) to

(m).

7. The highlight ground of the challenge is that the Jammu

Municipal Corporation, acting through its Commissioner

as well as Deputy Commissioner (S), switched over from

the Control of Building Operation Act, 1988 to the

Municipal Corporation Act, 2000 contrary to the mandate

of the order dated 11.03.2024 of the J&K Special Tribunal

which had reserved said option only to the Building

Operation Controlling Authority, JMC which is an entity

WP(C) No.3544/2025

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under J&K Control of Building Operations Act, 1988

whereas respondents No.2 & 3 are entities under the

Municipal Corporation Act, 2000.

8. There are other grounds of challenge which are having

legal input of importance.

9. Thus, a prima facie case made out.

10. Issue notice to the respondents in the main as well as i