BIBA Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner has challenged order dtd. 24/6/2016 passed by J&K Special Tribunal Srinagar, whereby the appeal filed by the petitioner against demolition notice issued under Sec. 7(3) of the J&K Control of Building Operations Act, 1988 (for short 'the Act') has been dismissed.

(2.) It appears that the petitioner was granted building permission vide order No.975 of 2006 dtd. 30/11/2006 for construction of two storeyed residential house with attic and compound walling on a plot of land in khasra No.487/1 and 544/16/1 situated in estate Owanta Bawan Srinagar. After the petitioner raised the construction of the house on spot, it was observed by the field staff of the respondent Corporation that the petitioner has made violation of the building permission, inasmuch as, he has not adhered to the conditions relating to maintenance of set backs. Accordingly, on 9/11/2009, a notice of demolition under Sec. 7(3) of the Act came to be issued by the respondent/Corporation, whereby the petitioner was directed to demolish/pull down the construction, so far as it deviated the sanctioned plan within a period of five days.

(3.) It seems that the petitioner filed an appeal against the aforesaid notice of demolition on 19/11/2009 before the J&K Special Tribunal Srinagar. The learned Tribunal vide its impugned decision dtd. 24/6/2016 dismissed the appeal filed by the petitioner by holding that the petitioner has grossly violated the set backs which he had to maintain as per the building permission and that there is serious violation of front set back.