Jammu, Nov 24: In WP(C) No. 2923/2023 CM No. 6995/2023 titled Vikas Gupta Vs UT of J&K and Ors. after hearing HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDERED as:-
Heard Mr. P. N. Raina, learned senior counsel assisted by Mr. Jagpaul Singh, learned counsel for the petitioner. The petitioner has a building premises bearing basement floor and four floor construction. The construction of this building premises came to be subject matter of proceedings under the J&K Control of Building Operation Act, 1988 dating back to 2011 landing up to Jammu and Kashmir Special Tribunal resulting in final judgment dated 10.07.2020 thereby directing regularization of the unauthorized construction at the compounding fee prescribed in the said judgment.
The compounding fee of Rs. 1,89,700/- came to be deposited by the petitioner in the account of Jammu Municipal Corporation.
By pretext of a visit on 12.08.2023 by the Enforcement Inspector along with an Assistant Enforcement Officer that some additional alteration has come to be started but stopped on spot, the Commissioner Municipal Corporation, Jammu in purported exercise of power under section 8 (1) of J&K Control of Building Operation Act, 1988 read with Resolution no. 4th dated 27.11.1999, has come to a pass Order no. JMC/Estt/10140-10144 dated 25.10.2023 thereby bringing the entire building premises under sealing leaving the petitioner aggrieved and consequent filing of the present writ petition.
Learned senior counsel for the petitioner submits that the exercise of the authority and power on the part of the Commissioner, Jammu Municipal Corporation-respondent no. 2 is an abuse of law.
Perusal of the impugned order prima facie shows that with respect to an already existing structure with respect to which the Jammu and Kashmir Special Tribunal, as being final appellate authority, has come forward with a direction for compounding the violation the very same building premises has now come to be placed under sealing.
Although, during the pendency of the appeal before the Jammu and Kashmir Special Tribunal, the same very building premises had suffered sealing and de-sealing but the impugned order does not show any reason as to on what basis and which fresh cause of action, the respondent no. 2-Commissioner, Jammu Municipal Corporation has resorted to the purported action of sealing of the entire building premises.
Prima facie case is made out.
Mr. Rajnish Raina, learned counsel accepts notice on behalf of the respondents. Reply/objections be filed within a period of two weeks.
In the meantime, the operation of the impugned order no. JMC/Estt/10140-10144 dated 25.10.2023 shall remain stayed and accordingly, the respondents shall de-seal the building premises. The petitioner, however, shall not, in any manner whatsoever undertake any addition or alternation, temporary or permanent quo the building premises obtaining as on date. This direction is, however, subject to objections from the other side. List on 29.12.2023.
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