Jagdish Kumar @APPELLANT@Hash State Of Jammu & Kashmir And Ors.

Through the instant writ petition, petitioner seek the following reliefs:-

“Direct the respondents no. 3,4 and 5 to discharge their statutory duty and to take action under Control of Building Operation Act, 1988 against the

private respondent to demolish unauthorized construction raised by them without having an approved site plan for shopping complex.

Direct the respondent Nos. 3 and 4 to take action against respondent No. 5 & 6who allowed unauthorized construction at Nirdosh Chowk (Manda)

Akhnoor.â€​

The case of the petitioner is that his grandfather was in possession of land measuring 3 Marlas comprising under Khasra No. 723/393, 2 Marlas

comprising under Khasra No. 722/392 situated at Village Manda Tehsil Akhnoor (Nirdosh Chowk) and after the death of grandfather

petitioner’s mother came into the possession of land and after the death of mother of petitioner, petitioner came into the possession of land. It is

stated that private respondents who had adjoining land with the land of the petitioner forcefully started construction over the petitioner’s land and

petitioner filed a suit in civil Court Sub-Judge, (JMIC), Jammu and got the status quo order. It is further stated that private respondents have raised

the construction over the land of the petitioner without getting the site plan approved for shopping complex from the Municipality.Â

Learned counsel for the petitioner states that private respondents in violation of the order of Civil Court have raised unauthorized construction

adjoining to the land of the petitioner. It is stated that petitioner filed a complaint before the Executive Officer, Akhnoor alleging that private

respondents are raising construction unauthorizedly without any building plan of shopping complex sanction from Municipal Committee, Akhnoor and

requested him to provide the site plan, but the same was not provided by the concerned. It is further stated that petitioner also approached SDM,

Akhnoor and filed a complaint against Executive Officer and Khilaf Warzi, Officer who vehemently allow authorized construction without any

approved map from Municipality Committee, Akhnoor. It is stated that private respondents had applied for permission in the year 2001 and permission

for raising shopping complex was granted in 2001, since then number of disputes remained pending before various Courts. The petitioner requested

the SDM Akhnoor and Executive Officer, Akhnoor to issue notice under Section 7/3 to demolish the unauthorized construction, but they failed to take

any action.

Learned counsel for the petitioner further states that local administration and official of Municipal Committee, Akhnoor failed to discharge their duty

under the Municipal Act as the private respondents are raising unauthorized shopping complex without approval of site plan from Municipal

Committee, Akhnoor.

During the course of the arguments, learned counsel for the petitioner states that the petitioner would be satisfied, if respondent No. 4 is directed to

discharge his statutory duty and consider the claim of the petitioner whether private respondents are raising construction as per the approved plan or

not. There is no legal impediment in granting such relief.

In view of the aforesaid submissions made by learned counsel for the petitioner and in the facts of the case, the instant writ petition is disposed of

with the direction to respondent No. 4 to look into the grievance of the petitioner and in case private respondents have raised construction (shopping

Complex)Â or raising construction without any permission and approval of site plan from Municipal Committee, he shall perform his statutory duty as

per law and take action under law within a period of 10 days from the date of receipt of certified copy of this order.Â

Writ petition disposed of, as above.