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DB orders Jammu Dev Authority for no coercive steps against the petitioner for demolition


Cinosural International An Elementry School Jammu

Jammu, March 01: In Case No. WP(C) No. 309/2021 titled Prithvi Paul Raina V/s Building Operation Controlling Authority and others,  HON’BLE THE CHIEF JUSTICE HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE after hearing ordered as:-

1. Heard Sh. J. P. Sharma, learned counsel for the petitioner and Sh. S. S. Nanda, learned Senior AAG for the respondents.

2. An order of demolition of unauthorized construction allegedly made by the petitioner in the property such as porch and room over it has been passed under the provisions of the J&K Control of Building Operations Act, 1988.

This order was challenged by the petitioner in an appeal before the J&K Special Tribunal but the same has also been dismissed.

3. The submission of learned counsel for the petitioner is that the aforesaid offending construction was in existence prior to the area falling within the development are of the Jammu Development Authority and, as such, are not liable to be demolished.

4. Sh. S. S. Nanda, learned Senior AAG, prays for and is allowed six weeks’ time for filing response to the petition and to bring on record the relevant material documents necessary for adjudication of the writ petition which he wants to be relied upon.

5. List on 02.08.2021.

6. Until further orders of this Court, no coercive steps shall be taken against the petitioner for demolition of the alleged unauthorized construction.

 


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