MOHAMAD QASIM DAR Vs. STATE

JUDGEMENT

(1.) Challenge in this petition is to the order of J&K Special Tribunal dated 11.02.2011, whereby the Tribunal has dismissed the petitioner's Appeal against the order No. SMC/KH/1062-65 dated 15.01.2011 issued by the Authority under Section 7 (3) of Control of Building Operations Act, 1988. The background facts are as under:

(2.) The Authority under BOCA on 15.01.2011 vide SMC/KH/1062-65 served a show cause notice upon the petitioner under Section 7 (3) under J&K Building Operations Act, alleging therein that the petitioner had "erected concrete two storeyed residential structure duly slapped measuring 10 x 21 feet without permission" and asked the petitioner to show cause within a period of 48 hours as to why the structure so erected may not be demolished so as remove the contravention. The petitioner failed to show cause against the proposed demolition, constraining the Authority under the Act (COBOA) to make an order directing the petitioner to demolish/pull-down the structure raised commencing the date of service of the order. The petitioner was also informed that in the event he failed to comply with the order, the structure would be removed at his cost and risk.

(3.) The notice of demolition/order No. SMC/KH/1062-65 dated 15.01.2011 was questioned in appeal under Section 13 of the Act (COBOA) before J&K Special Tribunal. The Tribunal held the Appeal to be bereft of any merit and accordingly dismissed it on 11.02.2011.