AMIT SACHDEVA Vs. COMMISSIONER JAMMU MUNICIPAL CORP. JAMMU
HIGH COURT OF JAMMU AND KASHMIR
Commissioner Jammu Municipal Corp. Jammu
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JAVED IQBAL WANI, J. -
(1.)CM No. 6595/2020 : This order shall dispose of the instant application filed by the applicant/petitioner accompanying the writ petition, praying for ad-interim relief. Before dealing with the application in hand, it would be appropriate to delineate the facts those stem out from the petition.
Petitioner states to be aggrieved of an order No. JMC/Estt/3409-13 dated 02.11.2020 issued by respondent No. 1 (hereinafter for short "the impugned order") whereby the premises of the petitioner has been ordered to be sealed under Section 8 (1) while invoking the J&K Control of Building Operations Act, 1988 (hereinafter for short "the COBA Act").
(2.)It is being stated that the petitioner is a private limited Company incorporated under Companies Act vide certificate of incorporation dated 24.04.2017. Company is stated to provide a comprehensive Diagnostic Centre having obtained the premises in question being at 25 A/C Gandhi Nagar, Jammu, on leasehold basis for a period of 5 years w.e.f. 01.05.2017 from its owners who are stated to have purchased the same by virtue of a sale deed dated 02.09.2004 and obtained building permission bearing No. 95/b5/16 dated 02.06.2016 for construction of ground, first and second floors.
(3.)It is being stated in the petition that consequently after taking into possession the premises on lease from its owners, permission to establish and open a Diagnostic Laboratory was sought from Jammu Municipal Corporation (hereinafter for short the JMC) which according to the petitioner is stated to have been granted under the name and style of M/S GENNEXT DIAGNOSTICS AND RESEARCH PVT. LTD vide NOC No. JMC/RB/202-04 dated 12.05.2017 on various terms and conditions and NOC is stated to have been granted with the approval of the Commissioner, Municipal Corporation, Jammu and is also stated to have been granted initially for a period of 11 months renewable after regular intervals.
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