MUNICIPAL COUNCIL, JAMMU Vs. BAKSHI AMAR NATH

JUDGEMENT

(1.) THE respondent herein, Bakshi Amar Nath, filed a suit in the court of the Sub -Judge Jammu for an injunction restraining the appellant, Administrator, Municipal Council, Jammu, from dismantling the shop constructed by the respondent at Denis Gate, Vir Marg, Jammu. The suit was decreed in favour of the respondent and the judgment and decree of the Sub -Judge were confirmed in appeal by the District Judge, Jammu. The appellant, Administrator, Municipal Council, Jammu has filed the present second appeal against the said judgment of the learned District Judge.

(2.) THE admitted facts are that the respondent made an application on 28 -1 -3967 to the appellant for granting him permission to construct a shop on a piece of land situated in Vir Marg, Jammu. The application was accompanied by a plan of the proposed construction. The appellant sent a communication dated 1 -2 -1967 to the respondent to the effect that his application had been forwarded to the PWD authorities for verification and report and that pending the receipt of the report by the PWD authorities and the passing of the final order on the respondents application by the appellant, the said application was for the time being rejected. No further communication was received from the appellant till 21 -5 -1967 either granting or refusing permission to the respondent to construct the shop. The respondent thereupon proceeded to construct the shop on 21 -5 -1967 and completed the construction on 22 -5 -1967. On 22 -5 -1967 the appellant sent a notice to the respondent asking him not to proceed with the construction of the shop and to remove the construction already made. The respondent thereupon filed the suit for injunction.

(3.) THE main contention of the appellant was that the respondent had constructed the shop in contravention of sections 221 and 222 of the Jammu & Kashmir Municipal Act, No. 8 of 2008 (hereinafter referred to as the Act). The relevant provisions of s. 221 read as follows: - (1) No person shall erect or re -erect or commence to erect or re -erect any building without the sanction of the Executive Officer. (2) Every person, who intends to erect or re -erect any building, shall give notice in writing to the Executive Officer of such intention. (3) A Council shall by bye -law - (a) prescribe the manner in which notice of the intention to erect or re -erect a building shall be given to the Council ; (b) require that with every such notice shall be furnished a site plan of the land on which it is intended to erect or re -erect such building and a plan and specification of the building of all such character and with such details as the bye -law may require. The other provisions of section 221 of the Act are not relevant.