Excelsior Correspondent
JAMMU, June 20: In a petition filed by Navneet Mahajan challenging the order of Jammu Municipal Corporation by virtue of which building of petitioner was ordered to be sealed, High Court today directed the JMC to remove the sealing of tutorial.
According to the case set up by petitioner, he has constructed a building at Sector 5-A after obtaining proper permission from the JDA and JMC. However, during the course of construction, he found size of the plot from western side less than the prescribed which resulted in slight deviation in maintaining the setbacks.
Later, the JMC issued notices under Section 7(1) and Section 7(3) of COBA that too at a time when the building was already constructed. Aggrieved thereof, the petitioner filed statutory appeal before the Tribunal which directed maintenance of status quo.
However, JMC issued the impugned order dated 28.02.2013 under Section 8 (1) of COBA directing sealing of the premises. According to petitioner, the building was sealed without the petitioner being afforded an opportunity of being heard.
After hearing Advocate Pranav Kohli appearing for the petitioner whereas Advocate SS Nanda for the JMC, Justice Bansi Lal Bhat allowed the petition and Order impugned No. MJ/CEO/407 dated 28.2.2013 was quashed and JMC was directed to remove the sealing of the premises. “The issue of violation of sanctioned building plan and demolition thereof being sub-judice before the Tribunal, is left to be dealt with by the Tribunal”, High Court said.
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