MOHINDER PAL Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner is aggrieved of the order No.MJ/Estt/5242-46 dated 27.09.2012 issued by respondent no.2 in terms whereof building permission granted by respondent no.3 in favour of petitioner has been withdrawn. The impugned order is assailed on the ground that the same has been passed arbitrarily with mala fide intention without giving petitioner an opportunity of being heard and without observing principles of natural justice.

(2.) The admitted facts are that the petitioner claiming to be a lessee in possession of a plot bearing No. 89-A in Sector No.9 Trikuta Nagar Jammu, approached the respondents for grant of necessary sanction to raise construction for residential purposes. Same was granted and petitioner was allowed to raise a residential house in accordance with the sanction plan. Respondents 2 and 3 have pleaded that the petitioner had raised construction in the set back area which was not permissible. Consequently, building permission was withdrawn in terms of the impugned order dated 27.09.2012.

(3.) Respondents have defended the impugned order passed under Control of Building Operations Act, 1988 on various grounds including the plea that the violation of sanction plan came to light after grant of permission. It is submitted that respondent no.2 being empowered under Municipal Corporation Act, 2000 has the power to cancel the permission accorded under misrepresentation. It is further submitted that the statutory authority granting permission is empowered to revoke the permission if same has been violated. Thus, respondents seek to defend the impugned order dated 27.09.2012 on the plea that the sanction for raising construction has been withdrawn lawfully for raising construction in the set back area of the plot where no construction was permissible and that the respondents were empowered to withdraw the same.