Jammu & Kashmir High Court
Parshotam Gupta vs Union Territory Of J&K And Ors on 14 January, 2020
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
S. No. 49
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
WP(C) No. 88/2020
CM No. 149/2020
Parshotam Gupta ...Petitioner(s)
Through :- Mr. D.S. Saini, Advocate
v/s
Union Territory of J&K and ors. ...Respondent(s)
Through :-
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
1. The short grievance projected by the petitioner in this writ petition is that pursuant to the building permission granted by the Jammu Municipal Corporation vide its No. 663/BS/17 dated 10.03.2018, the petitioner has raised the construction of his residential house as also a shop measuring 1745 sq. feet. Petitioner claims that for alleged violations, he was put on notice by the respondents for demolition, against which the petitioner has approached the J&K Special Tribunal, Jammu and appeal filed by the petitioner is subjudice.
2. It is claimed that during the pendency of the appeal, respondents issued a notice bearing No. JMC/CEO/217-19 dated 13.11.2019 in terms of Section 8(1) J&K Control of Building Operation Act, 1998 and directed the sealing of the premises.
3. It is submitted by the petitioner that he has already responded to the aforesaid notice and has made a formal application requesting the respondent Corporation to de-seal his premises. It is claimed that the application was filed before the Commissioner, Jammu Municipal Corporation on 18.11.2019 but no decision thereon has been taken till date. 2 WP(C) No. 88/2020
4. Learned counsel for the petitioner states that the respondents cannot shirk from their statutory obligation to consider the application and pass appropriate orders and therefore, a direction deserves to be issued to the Commissioner, Jammu Municipal Corporation to consider and decide his application in a time bound manner.
5. Mr. S.S. Nanda, learned Sr. AAG appearing for the respondents is not averse to consider the application of the petitioner by the Commissioner, Jammu Municipal Corporation but he submits that the consideration has to be on the touch stone of law.
6. Having heard learned counsel for the parties and perused the record, I am of the view that in the given facts and circumstances, this writ petition can be disposed of at this stage by directing the Commissioner, Jammu Municipal Corporation to consider and pass appropriate orders on the application of the petitioner made for de-sealing of his residential-cum- Commercial premises which were sealed by the respondent Corporation on 13.11.2019. Ordered, accordingly.
7. Let a final decision on the application, of course, on its merits and in accordance with law be taken by the Commissioner, Jammu Municipal Corporation within a period of four weeks from the date a certified copy of this order served upon him.
(SANJEEV KUMAR) JUDGE Jammu 14.01.2020 Angita Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No ANGITA DEVI 2020.01.16 12:31 I attest to the accuracy and integrity of this document