Sumesh Mangotra And Ors vs Municipal Corporation Jammu And ...
2021 Latest Caselaw 1189 j&K

                                                                     Sr. No. 6
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
                                                 PERLP No. 24/2017

Sumesh Mangotra and ors.                            .....Appellant(s)/Petitioner(s)

                          Through: None.
               Vs
Municipal Corporation Jammu and ors.                          ..... Respondent(s)
                          Through: Mr. S.S. Nanda, Sr. AAG.

Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
       HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
                                     ORDER

24.09.2021 The present application has been filed, seeking leave to file the

appeal against the judgment and order 29.03.2017 passed by the Writ Court in

OWP No. 224/2017. The stand taken is that the Writ Court had allowed the

construction to be raised in terms of the plans approved by the Building

Operation Controlling Authority (in short, "BOCA") even when the plans have

got approved illegally.

It is stated that in the approval of the plans, the municipal bye-laws

and building norms had been violated.

We have gone through the application. We feel that the petitioners can

be said to be the persons aggrieved, especially, in view of the issues that had

been highlighted in the application.

For the reasons stated in the application, the same is allowed and the

applicants/petitioners are permitted to file the appeal, as prayed for, against the

impugned judgment and order.

Application is, accordingly, disposed of.

                             (Puneet Gupta)           (Dhiraj Singh Thakur)
                                 Judge                       Judge
Jammu
24.09.2021, Ram Krishan