JOGINDER LAL KUTHIALA Vs. ADMINISTRATOR JAMMU MUNICIPALITY

JUDGEMENT

(1.) The circumstances under which this petition has come to be filed be noticed :The petitioners submitted an application seeking permission to raise construction on a piece of land measuring 3 Kanals and 19 marlas. This land is said to be located in Khasra Nos. 381-Min, 382-Min and 385-Min. This land was purchased by the petitioners through a registered sale deed. This is said to have been executed in their favour on 11-9-1997. The petitioners wanted to raise a "Hall" to be used for devotional purposes. The requisite permission to raise the construction was given. The building plans were sanctioned. This sanction was granted on 14th May, 1998. When construction activity was taken in a hand, respondent No. 5 appears to have taken objection to the raising of the construction. This was on the ground that the part of the land which is subject-matter of sale deed referred to above was not owned by persons, who sold property. Some opinion was also expressed by the Nazool Department. This is to the effect that part of the land is Nazool Land.

(2.) On this stand have been taken and this fact having come to the notice of the respondent Municipality, the Municipal Authorities took action and the Executive Officer of the Municipality issued an order on 23rd June, 1998. This order reads as under :-"Building permission for the above named title which was granted vide permission order No. 31 dated 14-5-1998 is hereby kept in abeyance till the clarification regarding the proprietory land is received from the Assistant Commissioner, Nazool, who is enquiring the title of the land on complaint of one Shri Jawhar Lal Malla."The above order is Annexure K

(3.) It be seen that the petitioners had also taken steps with a view safeguard their interest in the property acquired in pursuance of the sale-deed referred to above. A civil suit has been filed. An application under Order 39, Rules 1 to 2 was also filed an interim order has been passed. This order permits the petitioners to raise construction. They are however, supposed to give an undertaking to the effect that if ultimately, they fail in the suit then they would demolish the building at their own expenses. This order was passed by the Civil Court on 23rd June, 1998.