BUILDING OPERATION CONTROLLING AUTHORITY Vs. MOHAMMAD AMIN WANI

JUDGEMENT

(1.) The petitioners have filed the instant writ petition challenging order dtd. 23/10/2006 passed by the J&K Special Tribunal, Srinagar, whereby learned Tribunal has allowed compounding of deviations made by respondent No.1 while constructing a three storeyed house at Konakhan Dalgate, Srinagar.

(2.) It appears that the petitioners had issued a demolition notice in terms of Sec. 7(3) of J&K Control of Building Operation Act, 1988 (hereinafter referred to as 'the Act') in respect of a building raised by respondent No.1 at Konakhan Dalgate, Srinagar. The notice was issued on the basis of the allegations that respondent No.1 had violated the building permission bearing No.861 of 2004 dtd. 19/11/2004 by making deviations in the sanctioned plan by maintaining setbacks on all the four sides in violation of the sanctioned plan

(3.) It is submitted that as per the sanctioned plan, respondent No.1 was required to maintain the following setbacks: