HABIBULLAH KAK Vs. J&K SPECIAL TRIBUNAL SRINAGAR

JUDGEMENT

(1.) The writ petition is directed against the judgment and order dtd. 26/10/2009 passed by the Jammu and Kashmir Special Tribunal in file No. STS/1789/06/Misc : Habibullah Kakk and Anr. v. Building Operations Controlling Authortiy and Others.

(2.) The facts as revealed from the pleadings are that petitioners were granted permission to construct a building on 25/5/2005 by the Building Operation Controlling Authority (hereinafter for short BOCA). The petitioners undertook the construction of the building but before its completion a notice dtd. 26/6/2006 under Sec. 7(3) of the J&K Control of Building Operation Act, 1988 (hereafter for short the BOCA Act), was issued for demolition of the same. The petitioners preferred an appeal under Sec. 13 of the BOCA Act before the J&K Special Tribunal, Srinagar. Unfortunately, the appeal was dismissed in default on 29/2/2008. The petitioners moved application for recall of the above order and for restoration of the appeal vide application dtd. 28/4/2008 and also filed an application for condoning the delay in moving the recall/ restoration application.

(3.) The appeal was restored but the BOCA preferred writ petition being OWP No.19 of 2009 contending that it could not have been restored without considering the delay condonation application. Accordingly, the High Court vide order dtd. 7/9/2009 allowed the writ petition remanding the matter for consideration of delay condonation application first. In furtherance thereof J&K Special Tribunal has dismissed the same holding that there is no provision in COBA Act enabling condonation of delay and, therefore, the application is not maintainable. Conseuquently, the appeal stands dismissed in default.