ULFAT JAN Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) The appellant's writ petition registered as OWP No.593/2008 having been dismissed by the Writ Court vide its judgment and order dated 3rd September 2008, the appellant has come up with instant Letters Patent Appeal to call in question the judgment and order.

(2.) The Appeal arises against the following backdrop:

(3.) The appellant, apprehending that the private respondents may persuade the Building Operations Controlling Authority (BOCA) (herein alter referred to as "Authority") respondents 3 & 4 herein, to grant permission in their favour for raising construction on the disputed strip of land, filed a writ petition in the year 2007 before this Court, seeking a direction against grant of building permission in favour of the private respondents. The writ petition registered as OWP No.581 /2006, was disposed of on 16th August 2007 with a direction to the Building Operations Controlling Authority (BOCA), to consider request of the private respondents for permission to raise proposed construction on their proprietary land in accordance with Building Permission Rules. The Authority was, however, directed to hear the appellant and consider any genuine objections the appellant may have against the proposed permission, before the permission was accorded in favour of the private respondents to subject documents produced by the private respondents in support of their application including the certificate, issued by Assistant Commissioner Nazool, to proper verification.