JAGDISH KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) Through the instant writ petition, petitioner seek the following reliefs:-

(2.) The case of the petitioner is that his grandfather was in possession of land measuring 3 Marlas comprising under OWP No. 1314/2018 Khasra No. 723/393, 2 Marlas comprising under Khasra No. 722/392 situated at Village Manda Tehsil Akhnoor (Nirdosh Chowk) and after the death of grandfather petitioner's mother came into the possession of land and after the death of mother of petitioner, petitioner came into the possession of land. It is stated that private respondents who had adjoining land with the land of the petitioner forcefully started construction over the petitioner's land and petitioner filed a suit in civil Court Sub-Judge, (JMIC), Jammu and got the status quo order. It is further stated that private respondents have raised the construction over the land of the petitioner without getting the site plan approved for shopping complex from the Municipality.

(3.) Learned counsel for the petitioner states that private respondents in violation of the order of Civil Court have raised unauthorized construction adjoining to the land of the petitioner. It is stated that petitioner filed a complaint before the Executive Officer, Akhnoor alleging that private respondents are raising construction unauthorizedly without any building plan of shopping complex sanction from Municipal Committee, Akhnoor and requested him to provide the site plan, but the same was not provided by the concerned. It is further stated that petitioner also approached SDM, Akhnoor and filed a complaint against Executive Officer and Khilaf Warzi, Officer who vehemently allow authorized construction without any approved map OWP No. 1314/2018 from Municipality Committee, Akhnoor. It is stated that private respondents had applied for permission in the year 2001 and permission for raising shopping complex was granted in 2001, since then number of disputes remained pending before various Courts. The petitioner requested the SDM Akhnoor and Executive Officer, Akhnoor to issue notice under Sec. 7/3 to demolish the unauthorized construction, but they failed to take any action.