(1.) BOTH these petitions involve common questions of law and fact because what arises for consideration is whether the order of the Jammu and Kashmir Special Tribunal dated 15.8.90 quashing the notice issued under Section 44 of the Municipal Act suffers from any jurisdictional error or illegality so as to justify interference in exercise of power of judicial review.
(2.) THE admitted facts of the cases are that the Executive Officer, Municipality Jammu on 15.8.90 in exercise of power under Section 44 of the Municipal Act sanctioned demolition of side walls and removal of shutters fixed by the respondents, allegedly by encroaching the government land towards the road side at Exchange Road, Jammu.
(3.) THIS order was challenged in appeal before the Special Tribunal. By the impugned order, the learned member of the Tribunal, allowed the appeal and set aside the order. This order is challenged by the Municipality on the ground that interpretation placed on the scope of Section 44 of the Act is not correct and therefore, the judgment is liable to be set -aside.