Excelsior Correspondent
JAMMU, Mar 9: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today held that violation being an offence of a major nature cannot be allowed to be compounded and such construction is liable to be demolished.
The significant order has been passed in LPA filed by Mohan Kour and others challenging the order of Writ Court which declined to interfere with the order of J&K Special Tribunal that the construction had been raised in utter breach of the Master Plan and the same was described as a major offence.
“In the instant case, predecessor-in-interest of the appellants constructed kitchen and a verandah in the setback area which constituted a major violation. The construction was raised in utter dis-regard and breach of the statutory provisions”, the DB said, adding “respondents were the proper authority exercising jurisdiction qua matters of raising of building for taking appropriate action”.
“The finding recorded by the Tribunal that the construction raised is in utter breach of the Master Plan and same constitutes a major offence, cannot be termed as erroneous as raising of kitchen and verandah in the setback area in violation of the statutory provisions did not fall within 10%– the permissible ground coverage”, the DB further said
“This was a separate construction activity and not a mere stretching of the sanctioned Master Plan. The violation being an offence of a major nature could not be allowed to be compounded. Such construction was liable to be demolished”, the DB said while dismissing the LPA.
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