BUILDING OPERATION CONTROLLING AUTHORITY Vs. HABLA BEGUM

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners against the order of 3rd Additional District Judge, Srinagar, who vide his order dated 02.11.2006 set -aside the order of the trial court dated 3rd of March, 2005.

(2.) THAT the plaintiff/respondent filed a suit seeking declaration to the extent that she is entitled to raise construction of five storey shopping cum commercial complex in accordance with the revised site plan submitted by her on the ground of deemed permission/ sanction as provided in Section 7(iii) of the Jammu and Kashmir Control of Building Operation and Revised Regulations Act 2001 and further a decree of perpetual injunction restraining the defendants from causing any interference into construction activities undertaken by the plaintiff in accordance with the said site plan. An application for temporary injunction was also filed.

(3.) THE brief facts of the case are that vide building permission order No. 571 of 2002 dated 3rd of January, 2002, the plaintiff was granted building permission for construction of double storey shopping complex at Gogjibagh, Srinagar on a plot of land comprised under survey Nos. 1781/836, 1782/836. The building permission was granted subject to various conditions which include maintenance of set -backs. The plaintiff had started the construction. He filed a revised site plan to the respondents and according to the said site plan she sought permission to raise five storeys building on the said piece of land. It is averred in the plaint that the revised site plan was submitted in the year 2003 and the copies of the said plan were sent to the Municipal Authorities, as consequence of which the plaintiff presumed that they had no objections. This assumption of the plaintiff was based upon Regulation 7 (iii) of the Jammu and Kashmir Control of Building Operation and Revised Regulations Act 2001. It is contended by the plaintiff that since defendant/ petitioners have not communicated any order, it is deemed that they have no objection. On this deemed permission she started raising construction. In essence, the edifice of case is that she is entitled under law to raise construction up to five stories by invoking Regulation 7(iii) of the Jammu and Kashmir Control of Building Operation and Revised Regulations Act 2001.