Jammu, Sept 17: In WP(C) No. 2391/2023 CM No. 5623/2023 titled Deep Chand Vs Building Operation Controlling Authority and others after hearing HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDERED as:-
The petitioner is aggrieved of an action on the part of the Assistant Commissioner Revenue, Samba, who has generated an online Note with respect to the building permission case of the petitioner who had applied to BOCA JDA.
The Assistant Commissioner Revenue is one of the authorities whose NOC is purportedly required for processing the case for building permission by BOCA JDA. In the present case the Assistant Commissioner Revenue, Samba by reference to the title status of the petitioner qua the land in reference in the context of Custodian allotment has declined the NOC.
Learned counsel for the petitioner submits that the Assistant Commissioner Revenue, Samba is not supposed to examine the title of the petitioner qua the land in the context of custodian allotment but was supposed to examine the case from the perspective of the Land Revenue Act, Svt. 1996 under which he being as Assistant Commissioner Revenue is meant to come up with grant or non-grant of NOC from his end and that the Assistant Commissioner Revenue has not been vested with the supervisory power to examine the title of an applicant’s application for building permission in the context of other departments about whom any NOC is required or not.
Issue notice to the respondents. Mrs. Monika Kohli, learned Sr. AAG accepts notice on behalf of the respondent no. 3.
This case requires reply/objections in the legal context only and will not take much time. Let reply be filed by or before the next date of hearing. List this case on 22.09.2023.
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