ANIL KUMAR DUBEY Vs. SPECIAL TRIBUNAL, J&K

JUDGEMENT

(1.) PETITIONER Anil Kumar Dubey is aggrieved of order dated 2nd April 2008 passed by the J&K Special Tribunal, Jammu on his application for impleadment has party in an appeal pending before the Tribunal under section 13 of the J&K Control of Building Operations Act, 1988.

(2.) RESPONDENT Raj Kumar Dubey is raising construction in Ward no.

(3.) , Katra. Petitioner states that the respondent has while raising the construction, committed violations as the construction is not in accordance to the permission/sanction granted by respondent no. 3. The said respondent has also started encroaching upon the private lane of the petitioner and one Roshan Lal Dubey. Even door has been installed making the entrance of the door in the private lane of the petitioner and Roshan Lal Dubey. Respondents 2 and 3 served a notice upon respondent no. 4 asking him for demolition of the unauthorized/illegal construction. An appeal was filed by respondent no. 4 before the J&K Special Tribunal Jammu which is pending disposal before the Tribunal. The present petitioner applied to the Tribunal to implead him as a party in the case. The matter was considered by the Tribunal and vide order dated 2nd April 2008 the Tribunal has found that since there is no provision under the Control of Building Operation Act, 1988 on the basis of which the petitioner can be impleaded as a party, the Tribunal is not empowered to adjudicate upon the civil rights of the parties. The application has accordingly been dismissed vide order dated 2/4/2008, impugned in the present petition. 3. The order of the Tribunal has been challenged on various grounds inter alia that the order is arbitrary, incorrect, and without due application of mind. It is stated by the petitioner that the petitioner is an interested party and being the complainant in the matter pending before the respondent no. 1 is fully conversant with the facts of the case and was in a better position to explain the violations and the contravention to the sanctioned plan, committed by respondent no. 4. Respondents have filed their reply.