ANCHAL KATOCH Vs. CHAIRMAN, J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) The petitioner challenges the order dated 16.11.2015 passed by the J&K Special Tribunal, Jammu on the ground that the appeal was decided by the Tribunal without deciding the application filed by the petitioner seeking impleadment in the said appeal.

(2.) Respondent No. 4, Hardesh Kumar, is alleged to have deviated from the sanctioned plan by raising excess construction than permitted. It was alleged that on a total plot area of 2925 sqft, respondent No. 4 was permitted to cover 1247 at the ground floor and 1049 sqft at the first floor, whereas he had covered 2875 sqft at the ground floor, which is in violation of the master plan. The required setbacks, which were required to be maintained as per master plan, were also not kept. In that regard show cause notices under Section 7(1) and 12(1) of the J&K Control of Building Operations Act, 1988 (in short "the Act") were served upon the said respondent, to which reply was filed. Finally, the Chief Enforcement Officer, Jammu Municipality issued the order under Section 7(3) of the Act for demolition.

(3.) Respondent No. 4 challenged the notices as also the order under Section 7(3) before the Tribunal. The Tribunal by virtue of order impugned dated 16.11.2015 dismissed the appeal on the ground that deviations had been made contrary to sanctioned building plan, besides major violations had been committed, which were not compoundable as per law.