NAVNEET MAHAJAN Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) Above titled writ petitions have been clubbed together for hearing. OWP No.338/2013 is the writ petition filed by Navneet Mahajan ( hereinafter referred to as petitioner) challenging action of Municipal Corporation, Jammu in issuing impugned order dated 28.02.2013 by virtue whereof the building of petitioner was ordered to be sealed on the ground that petitioner had opened a tutorial/coaching center thereby violating land use from residential to commercial and that he had violated the status quo order passed by the Jammu and Kashmir Special Tribunal (herein after called the Tribunal). The sealing order related to the premises situated at House No.15, Sector-5A, Trikuta Nagar, Jammu.

(2.) Vide order dated 02.04.2013 passed in CMA No. 452/2013 in OWP No. 338/2013, this Court allowed the petitioner to file an application in the appeal pending in the Tribunal for seeking appropriate relief regarding desealing of the premises. The Tribunal, in the event of petitioner filing an application, was directed to consider such application and passed appropriate orders. The petitioner approached the Tribunal with an application for de-sealing of the premises, which came to be disposed of by virtue of order dated 12.04.2013 setting aside the sealing order dated 28.02.2013 issued under Section 8(1) of Control of Building Operations Act 1998 (hereinafter referred to as COBA ). The Tribunal directed the respondent- Municipal Corporation, Jammu (herein referred to as Corporation to de-seal the premises.

(3.) The respondent-Corporation filed OWP No.627/2013, titled BOCA Vs. Navneet Mahajan challenging the order of Tribunal order dated 12.04.2013. Both the writ petitions involving the same questions of law have been heard together.