Building Operation Controlling ... vs M/S Ace Enterprises And Another
2021 Latest Caselaw 930 j&K

                                                           Sr. No. 42

        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                                 WP(C) No. 1264/2020
                                                 CM No. 3877/2020
                                                 CM No. 3878/2020



 Building Operation Controlling Authority             ...Petitioner/Appellant(s)
 and another
                                Through:       Mr. Rajnish Raina, Advocate.

                           v/s


 M/s Ace Enterprises and another                                  .... Respondent(s)
                                   Through: Mr. Pranav Sharma, Advocate.

CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
       HON'BLE MR JUSTICE PUNEET GUPTA, JUDGE

                                        ORDER

1. This writ petition filed by authorities of Jammu Municipal Corporation

is directed against the order and judgment dated 15.07.2020 passed by Jammu

and Kashmir Special Tribunal whereby the notice of demolition issued to the

respondent No.1 has been quashed.

2. Learned counsel appearing for the parties are ad idem that this matter

can be disposed of by providing that the petitioners shall not proceed against

the respondent No.1 subject to respondent No.1 giving an undertaking that he

will not put the offending structure to commercial use without prior permission

of the competent authority.

3. In view of the aforesaid, this petition is disposed of by providing that the

respondent No.1 shall submit an undertaking in writing before the Municipal

Commissioner to the effect that he would not put the property which is subject

matter of this writ petition to commercial use without obtaining prior

permission of the competent authority in accordance with law.

4. Subject to submission of undertaking as aforesaid, the petitioners shall

de-seal the property.

5. This petition is, accordingly, disposed of.

                         (PUNEET GUPTA)               (SANJEEV KUMAR)
                                 JUDGE                          JUDGE
Jammu
21.08.2021
Raj Kumar