AMRITA PURI Vs. J AND K SPECIAL TRIBUNAL

JUDGEMENT

(1.) A only grievance projected by the petitioner in this writ petition is that by virtue of the impugned order, the J and K Special Tribunal has, despite observing that there was no unauthorised construction undertaken by the petitioner and asking her to file an undertaking that the she shall not use the premises for commercial purposes, allowed the impugned notice under Sec. 7(3) of Control of Building Operation Act to remain intact.

(2.) It appears that the contesting respondents issued a notice under Sec. 7(3) of Control of Building Operation Act against the petitioner, alleging therein that the petitioner has put the premises situated at Plot No. 280, Sector No. 2, Channi Himmat, Jammu to commercial use. The said notice came to be challenged by the petitioner before respondent No. 1-Tribunal by way of an appeal. While disposing of the appeal vide the order impugned, the learned Tribunal observed that there is no unauthorized structure existing on spot and that the only grievance of the contesting respondents was that the petitioner is putting the premises to commercial use, regarding which, the petitioner had given an undertaking before the Tribunal that she will not use the premises for commercial use. Infact it was the case of the petitioner that she had never put the premises to commercial use and she had only let out the premises to a company for residential use of its employees, which cannot be termed as commercial use. Taking note of the undertaking furnished by the petitioner, the learned Tribunal disposed of the appeal with a direction to the petitioner to file an undertaking before the contesting respondents to their satisfaction that she will not put the structure for any commercial use without obtaining proper permission from the competent authority. It was further provided that if the respondents are satisfied with the undertaking, then they will drop the proceedings under Sec. 7(3) of the Control of Building Operation Act and if they are not satisfied, they are at liberty to take action against the petitioner herein.

(3.) Heard learned counsels for the parties.