BUILDING OPERATION CONTROLLING AUTHORITY Vs. VIJAY GUPTA
LAWS(J&K)-2020-9-64
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 25,2020

Building Operation Controlling Authority Appellant
VERSUS
VIJAY GUPTA Respondents

JUDGEMENT

Rajesh Bindal,J. - (1.)Learned counsel for the petitioner submitted that the respondents Nos. 1 and 2, had constructed a banquet hall at Channi Himmat, Jammu. There was violation in the construction already raised. They applied for permission to raise further construction. The same was granted vide order dated 08.07.2017, by the Jammu Municipal Corporation. Two important conditions in the aforesaid permission were that the earlier violations made at the site had to be removed within one month and further that the applicant shall furnish affidavit that two level basements for parking shall be constructed on the rear side as per the norms required for proposed construction.
(2.)He further submitted that during the pendency of matter before the Tribunal in an appeal filed by respondents Nos. 1 and 2, a local commissioner was appointed, who reported that the earlier violations had not been removed and further two level basements parking had not been constructed. Additional construction was raised to the extent of 5,946.57 square feets. Despite all these violations, the Tribunal vide impugned order dated 24.06.2020, directed compounding of the violation on payment of compounding fee at the rate of Rs. 100/- per square feet. While doing so, the Tribunal failed to notice the fact that the respondents Nos. 1 and 2, had failed to remove the earlier violations, the condition precedent for grant of further permission and they had failed to construct the two level basements parking. The Tribunal has failed to find difference between illegality and irregularity. In fact in all cases being decided by the Tribunal compounding is being ordered without appreciating the master plan of the city and also the level of illegalities being committed by the persons raising construction. This is leading towards total anarchy as people have started taking law into their own hands feeling that they can get any violation compounded from the Tribunal. Some of the violations being compounded by the Tribunal are non-compoundable as per Rules.
(3.)Notice to the respondents Nos. 1 and 2, for 10.11.2020.
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