SHAM SUNDAR DUTTA Vs. SUNIL KUMAR JAIN

JUDGEMENT

(1.) The Jammu Municipal Corporation through its authorities sent a notice to respondent No. 1-writ petitioner asking him to demolish the structure comprising of one garage (room) measuring 17' x9'-9" with attached toilet measuring 3'-6"x7' having been raised without seeking building permission from the competent authority. It is also stated in the notice that said unauthorized construction has been raised in the rear setbacks area of the plot. Being aggrieved of the notice/order of demolition dated 22.12.1998, writ petitioner-respondent filed statutory appeal before the J&K Special Tribunal, Jammu. After hearing learned counsel for the parties and considering the matter, the learned Tribunal dismissed the appeal of the respondent-writ petitioner vide order dated 12.05.1999. The said order is taken note of.

(2.) The respondent-writ petitioner filed review petition before the J&K Special Tribunal seeking recalling of Order dated 12.05.1999. The Tribunal vide its order dated 16.06.1999 allowed the review petition by providing that the unauthorized constructed be compounded by Jammu Municipality @ Rs. 20/- per sqft. The writ petitioner-respondent was directed to deposit the amount with the Jammu Municipality before 16.08.1999. It was also provided that in case of failure of respondent-writ petitioner to deposit the aforesaid amount, the Jammu Municipality will be at liberty to demolish the unauthorized structure on 17 or 18th of August, 1999.

(3.) Appellant herein feeling aggrieved of the order dated 16.06.1999 passed by the learned Tribunal, challenged the same in OWP No. 715/1999, which writ petition was allowed by the learned Writ Court vide order dated 19.04.2002 and order dated 16.6.1999 passed in the review petition was set aside. It was observed in the said order that respondent-writ petitioner can challenge order dated 12.05.1999 passed by the Tribunal in the forums available to him.