Jammu, Oct 7: Justice Javed Iqbal Wani of the Jammu & Kashmir and Ladakh High Court after hearing an appeal titled "Smt. Vijay Laxmi and another Vs Building Operation Controlling Authority, Katra has dismissed the petition filed by the Katra Development Authority seeking to quash an order dated 19.07.2012 issued by the J&K Special Tribunal, Jammu.
Katra Development Authority, argued that it is a statutory autonomous body constituted under the Control of Building Operations Act, 1988 & claimed that the Chief Executive Officer of the authority is competent to challenge the impugned order dated 19.07.2012.
It further contended that respondents 1 & 2 had carried out illegal construction that violated the provisions of the Act of 1988, which led to the issuance of a show cause notice and a subsequent demolition notice & following which Respondents 1 & 2 appealed against the demolition notice to the tribunal, which decided the matter in terms of the impugned order.
Justice Javed Iqbal Wani, after hearing, observed that a close examination of the demolition order dated 16.07.2011 revealed that it was in the form of a format, with blanks filled in by the authority & the order lacked detailed descriptions of the property and the alleged violations committed by respondents 1 & 2.
The Court further noted that the petitioner authority had proceeded in a hasty and mechanical manner and chose to question the impugned tribunal order before the High Court on complicated and disputed questions of fact.
The High Court stated that it may not be able to appropriately adjudicate upon such issues in exercise of its extraordinary writ jurisdiction, as it has been the consistent view of the Hon'ble Apex Court and this Court expressed in a series of judgments & concluded that the impugned order dated 19.07.2012 did not warrant interference, and the petition was dismissed.
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