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| HC directs JMC to remove sealing of Tutorial | | | Early Times Report
Jammu, Jun 20 : In a petition filed by NavneetMahajan challenging action (sealing) of Jammu Municipal Corporation (JMC), in issuing impugned order dtd 28/02/2013, Justice BansiLalBhat quashed order impugned No. MJ/CEO/407 dated 28/2/2013 and directed respondent-2 to remove the sealing of the premises.
After hearing AdvPranavKohli appearing for the petitioner whereas Adv SS Nanda appearing for the JMC, Justice BansiLalBhat allowed the petition and quashed Order impugned No: MJ/CEO/407 dtd 28/2/2013 and directed respondent-2 to remove the sealing of the premises i.e. H No15, Sector 5-A, Trikuta Nagar, Jammu. Court said the issue of violation of sanctioned building plan and demolition thereof being sub judice before the Tribunal, same is left to be dealt with by the Tribunal.
According to the case set up by petitioner is the owner of a plot bearing House No.15 situated at Sector 5-A, Trikuta Nagar Jammu and approached the Corporation for sanction of building permission. The site plan of petitioner with regard to ground floor, Ist floor and second floor was sanctioned vide sanction order dated 09/03/2010. When the petitioner started raising construction, he found that size of plot from western side was less than the prescribed. This resulted in slight deviation in maintaining the setbacks on the western side of the plot. The corporation issued notice u/s 7(1) of COBA. This happened on 31/05/2011. According to the petitioner, the building had been constructed by then. This was followed by another notice u/s 7(3) of COBA.
Aggrieved thereof, petitioner filed statutory appeal before the Tribunal which directed maintenance of status quo. Petitioner's case is that he did not raise any further construction thereafter. However respondent-2 issued the impugned order dated 28.02.2013 u/s 8 (1) of COBA directing sealing of the premises. The impugned sealing order alleged change of land use from residential to commercial by opening of an educational institution styled as Phoenix Classes, which did not amount to erection or re-erection of building justifying passing of order u/s 8(1) for sealing of the building.JNF |
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