Excelsior Correspondent
JAMMU, Dec 26: High Court has dismissed the petition filed by Building Operation and Control Authority (BOCA) challenging the order of J&K Special Tribunal whereby appeal of former Minister Suman Bhagat was allowed and demolition notice was set-aside.
After hearing Advocate Rajneesh Raina for BOCA and Advocate Abhinav Sharma for the respondent (ex-Minister), Justice Tashi Rabstan observed, “Clause 2.1 of SRO 391 gives definition of various expressions. One of the expressions is un-authorized structures, which means any building raised without seeking proper permission from a competent authority or in contravention of the sanctioned plan”.
“In the present case, BOCA alleges contravention of the sanctioned plan by respondent. In terms of Clause 2.2 of SRO 391, the policy shall be applicable for a period of one year from 01.04.2017 to 31.03.2018 for the local areas of Srinagar, Jammu and Katra”, High Court observed.
“The respondent is free in terms of SRO 391 dated 20th September 2017, to approach BOCA within the prescribed time-frame for regularization of contraventions, if any, taken place while raising construction in question and BOCA is expected to consider and decide the case of petitioner in light of SRO 391”, High Court said while dismissing the petition of BOCA.
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