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1995 Supreme(Online)(J&K) 12

JAMMU AND KASHMIR HIGH COURT
, J
Administrator and Executive Officer of the Municipality Jammu – Appellant
Versus
Company incorporated under the Companies Act – Respondent


Table of Content
1. summary of construction approval process and tribunal's findings. (Para 2 , 3 , 4)
2. discussion on minor vs. major violations and the authority to compound. (Para 10 , 11 , 15)
3. affirmation of tribunal's authority over compoundable violations. (Para 19 , 20)

1. This Letters Patent Appeal is directed against the judgment and order of the learned single Judge dated 14-2-1991, dismissing the writ petition filed by the Administrator and Executive Officer of the Municipality Jammu against the respondents and upholding the judgment and order of the J and K Special Tribunal, Jammu dated 15l0 - l990 hereinafter referred as Tribunal, Jammu.

2. The facts and circumstances giving rise to the Letters Patent Appeal are briefly given, as under :
The respondent No. 1, a Company incorporated under the Companies Act, for the purposes of constructing a hotel at Residency Road, Jammu, had submitted building plans to Jammu Municipal Authorities for according sanction to the proposed construction. After proper verification and after obtaining No Objection Certificates from all concerned, the said plans were sanctioned by the Building permission Committee of Municipality and issued unde













































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