Jammu & Kashmir High Court
Virender Kumar vs Jammu Development Authority (Jda) And on 16 June, 2023
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 110
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1995/2021
CM No. 7416/2021
Virender Kumar .....Appellant(s)/Petitioner(s)
Through: Mr. Abhinav Sharma, Sr. Advocate with
Ms. Saba Atiq, Advocate.
Vs
Jammu Development Authority (JDA) and ..... Respondent(s)
Ors.
Through: None.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
16.06.2023
01. The peculiarity of the petitioner's case is that it is only through the response filed by the respondent - Jammu Development Authority (JDA) that the petitioner coming to know about the fact that by a purported notice dated 17.02.2021 under section 7(1) of the J&K Control of Building Operations Act, 1988 addressed to one Sh. Balvinder S/o Dowarka Nath R/o Flora, the Jammu Development Authority (JDA), acting as prescribed authority under J&K Control of Building Operations Act, 1988, called upon said notice Sh. Balvinder to show cause as to why the offending construction in village Flora be not demolished.
02. This purported notice resulted in subsequent issuance of section 7(3) notice dated 27.05.2021 that too against notice Sh. Balvinder. Consequent to issuance of said demolition order, no action thereunder came to be carried out by the Jammu Development Authority (JDA). 2 WP(C) No. 1995/2021 CM No. 7416/2021
03. The petitioner further got apprised that the Jammu Development Authority (JDA) had come to issue section 12(2) notice dated 23.03.2021 to a notice Sh. Balvinder S/o Dowarka Nath R/o Flora then to be followed by section 7(3) notice dated 27.05.2021.
04. Before issuing said order dated 27.05.2021, the Vice-Chairman, Jammu Development Authority (JDA) had even addressed a notice dated 07.04.2021 to the Incharge Police Station, Domana, Jammu with respect to said Balvinder S/o Dowarka Nath R/o Flora directing the Incharge Police Station, Domana, Jammu to remove the person by whom the erection or re- erection of the building has been undertaken.
05. Lastly, the Jammu Development Authority (JDA) by virtue of an order no. JDA/BOCA-A/956-964 dated 31.08.2021 came this time to issue said notice against a person whose name was Balwinder and this notice was under section 8(1).
06. It is only through this disclosure in its reply of the Jammu Development Authority (JDA) that the petitioner came to learn that the sealing of his property was because of this course of action. The petitioner is the owner of sealed premises by virtue of ancestry for which even the requisite building permission from the Panchayat Secretary and Sarpanch of Panchayat Flora had been availed to be constructed accordingly. 3 WP(C) No. 1995/2021 CM No. 7416/2021
07. The petitioner is aggrieved of the continuing illegal sealing of his property without ever being notified by the Jammu Development Authority (JDA) whereas it is some Balvinder on the pretext of whose name, the Jammu Development Authority (JDA) has carried out the sealing of the petitioner's property. This Court is convinced that the Jammu Development Authority (JDA) has prima facie misconducted itself and shall not be allowed to perpetuate its wrong.
08. It is, therefore, ordered that pending final consideration of the writ petition, the respondent - Jammu Development Authority (JDA) is directed to de-seal the premises of the petitioner by removing its lock.
09. Consequent upon the de-sealing of the petitioner's premises, the petitioner shall ensure that he undertakes no further construction at the site of the premises in question.
10. Let needful compliance be carried out by Vice-Chairman, Jammu Development Authority (JDA) within a period of 15 days.
11. List again on 18.08.2023.
(Rahul Bharti) Judge Jammu 16.06.2023 Bunty