BUILDING OPERATIONS Vs. SHAMEEMA (MST )

JUDGEMENT

(1.) BUILDING Operations Controlling Authority has filed this writ petition seeking quashing of Jammu and Kashmir Special Tribunal Srinagars order of April 1, 2002 whereby while entertaining respondent no. 1s appeal against petitioners demolition order of March 16, 2002, the Tribunal had, as an interim measure, permitted respondent no. 1 to raise the construction, which had been found by the petitioner to be un -authorized, subject to her filing an undertaking that she would alter the structure in question at her own expense in case her appeal before the Tribunal would not succeed.

(2.) LEARNED counsel for the petitioners Mr. B. A. Khan assails the Tribunals order as without jurisdiction urging that the Appellate Officer appointed under Section 13 of the Jammu and Kashmir Control of Building Operations Act, 1988 does not possess any such jurisdiction which may vest any authority in him to permit continuance of the construction which had been found by the petitioner -authority to be unauthorized and which was the subject matter of the appeal before him.

(3.) LEARNED counsel for respondent no.1, Mr. M. A. Makhdoomi, on the other hand, says that Section 13 of the Jammu and Kashmir Control of Building Operations Act, 1988 does not in any way curtail the jurisdiction of the Appellate Officer to issue such injunctive directions, as may be warranted in the facts and circumstances of the case, during the pendency of the appeal.