BANSI LAL RAINA Vs. SPECIAL TRIBUNAL, J&K

JUDGEMENT

(1.) THIS shall dispose of LPA(OW) Nos. 252/2001 & 77/2002. Both the Letters Patent Appeals are directed against the judgment of learned Single Judge dated 29.11.2001, whereby the learned Single Judge has upheld order dated 27 -2 -1998 of The J&K Special Tribunal, directing the Municipality Jammu to demolish the offending structure at the earliest.

(2.) IN brief the facts are that the plot of land measuring 2872 sq. ft. comprising in Khasra No. 119, Plot No. 121, situated at Rehari, Jammu, on which the offending structure has been raised, is a Nazool land. Initially this plot was leased out to one Pt. Hira Nand Raina (deceased). Vide order dated 28.9.1989 sanction was accorded by the Revenue Department, Govt. of J&K for renewal of the lease hold rights of the plot in favour of sons, daughters, grand sons and daughter -in -law of Pt. Hira Nand Raina for a period of 40 years with effect from 12.7.1984 for residential purposes at a concessional ground rent. Bansi Lal Raina and others applied to the Municipal Authorities for sanction of a residential building, and in this regard submitted the plan showing the construction which was sought to be raised. The Executive Officer, Municipality vide order dated 20.3.1997 accorded sanction for raising structure of residential house with the following conditions : "1. Plinth of the proposed house should be kept 2" -8" above from the road level. 2. Construction should be get supervised through structural Engineer. 3.SET backs and built up area indicated in the plan shall be maintained. 4.Septic tank and soakage pit provided in his own premises. 5.THIS permission shall not confer any title of the land over which the construction is to be raised. THE building line of the proposed construction should be kept 35 ft. away from the center level of the road.

(3.) While the construction was being raised by the appellant, it came to the notice of Municipal Authorities that no provision had been made by the appellant for the disposal of domestic/rain water. In order to seek explanation in this regard from the appellant, Chief Khilafwarzi Officer issued notice to the appellant on 17.4.1997 asking the appellant to explain as to what suitable arrangements have been made for domestic/rain water. The appellant was also told that in case explanation is not given, the building permission granted would be reviewed and cancelled. The notice issued by the Chief Khilafwarzi Officer came to be challenged by the appellant before the Special Tribunal, Jammu and the Special Tribunal vide order dated 5.11.1997 quashed the notice solely on the ground that Chief Khilafwarzi Officer was not empowered by the Executive Officer to issue such notice.