Reeta Gupta vs Secretary Municipal Corporation
2025 Latest Caselaw 39 J&K

Jammu & Kashmir High Court

Reeta Gupta vs Secretary Municipal Corporation on 2 May, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                   Serial No. 04


         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

Case:-    WP(C) No. 2315/2022

Reeta Gupta                             .....Appellant(s)/Petitioner(s)

                   Through: Mr. Aftab Malik, Advocate.

              Vs

Secretary Municipal Corporation                   ..... Respondent(s)
Jammu BOCA Jammu and another

                   Through: None.

Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                               ORDER

(02.05.2025)

1. In this writ petition, judgment/order dated 27.10.2022 of

the J&K Special Tribunal, Jammu passed in an appeal on file No.

STJ/180/2022 filed by the petitioner in challenging the order No.

JMC/CEO/22/3/2022 dated 23.08.2022 under section 7(3) of the

J&K Control of Building Operation Act, 1988, has come to be

challenged as the petitioner has lost in her appeal thereby meaning

that the offending building construction was and is meant to be

demolished being an unauthorized construction.

2. One of the grounds relied upon by the J&K Special

Tribunal, Jammu in passing the impugned order is that the

offending construction by the petitioner at the site of 55 marlas of

land in khasra No. 658 in village Chowadi, tehsil Bahu, district

Jammu was in a state of sealing in terms of section 8 of the Control

of Building Operation Act, 1988.

3. In terms of an order dated 02.11.2022, when the case was

heard by the Division Bench, the Court directed maintenance of

status quo on spot.

4. In the face of status quo direction so obtaining, it needs to

be confirmed on record of this case as to whether the offending

building construction is continuing to be in a state of sealing or the

sealing has been undone.

5. Therefore, this Court directs the Commissioner, Jammu

Municipal Corporation to place on record an affidavit with respect to

the sealing status of the offending construction along with the latest

photographs of the site in the building construction thereupon for

the perusal of the Court.

6. Needful to be done by the Commissioner, Jammu

Municipal Corporation by or before the next date of hearing, failing

which, a direction for his personal appearance may take place.

7. A copy of this order be provided to Mr. Harshwardhan

Gupta, learned counsel for the Jammu Municipal Corporation.

8. List on 06.06.2025.

(RAHUL BHARTI) JUDGE JAMMU 02.05.2025 Shivalee