Excelsior Correspondent
JAMMU, Feb 27: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat has disposed of all the appeals challenging the Single Judge order on the issue of conversion of residential houses to commercial establishments.
After hearing Senior Advocate UK Jalali and Advocates Anuj Sawhney, Rohit Kapoor for the petitioners whereas Senior AAGs SS Nanda and Seema Shekhar and AAG Rakesh Khajuria for the State, DB observed that the apprehension expressed by the counsels cannot be accepted as the Single Judge by relying on a judgment of the Supreme Court found that there are violation of use of the buildings constructed for residential homes.
Single Judge has directed the authorities to conduct a survey and find out the persons, who have converted the residential houses into commercial buildings and issue them notices.
Division Bench disposed of all the LPAs with modification and with the observations that Single Judge also issued directions to constitute a special complaint cell. “These directions are required for the proper development of the municipal limits. Hence, we uphold the directions”, the DB said.
However, Division Bench made it clear that while implementing these directions no building be sealed or electricity disconnected except by conducting survey and ascertaining the nature of conversion of the building and only after issuing notice and calling for objections and after considering the objections final action is to be taken.
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