ROHIT GUPTA Vs. COMMISSIONER, J.M.C.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner and respondent No. 4 are neighbours in possession of adjoining properties. The petitioner made a complaint on 30/5/2016 to the Commissioner, Jammu Municipal Corporation that the respondent No. 4 is raising illegal constructions in his plot. The said complaint was followed by a reminder dtd. 4/6/2016.

(3.) On the basis of the aforesaid complaint, a notice under Sec. 7(1) of the Control of Building Operation Act, (COBO) (for short 'the Act') was issued to the respondent No. 4 on 2/6/2016. Thereafter, an order was passed under Sec. 12(1) of the Act on 2/6/2012 directing the respondent No. 1 to discontinue the operation of unauthorized constructions. Finally, an order was passed under Sec. 7(3) of the Act on 8/6/2016, directing him to demolish the unauthorized constructions, allegedly the one room on the ground floor which has been constructed without permission.