Excelsior Correspondent
JAMMU, Oct 7: High Court has dismissed the petition filed by Katra Development Authority (KDA) for quashing order dated 19.07.2012 passed by the J&K Special Tribunal, Jammu in the appeal titled “Vijay Laxmi and Another Vs Building Operation Controlling Authority, Katra”.
The case set up by the petitioner in the instant petition is that the Katra Development Authority is a statutory autonomous body for the purposes of the Control of Building Operations Act, having been constituted vide SRO 389 dated 21.12.2009 under and in terms of Section 3(2)(b) of the Act of 1988 and that the Chief Executive Officer of the authority is competent to maintain the petition and to call in question the impugned order dated 19.07.2012 and that the respondents 1 & 2 herein raised illegal construction in violation of the provisions of Act of 1988 necessitating issuance of a show cause notice under Section 7(1) of the Act of 1988 bearing No. CEO-KDA/K/R/2011/17 dated 18.06.2011 followed by the demolition notice issued under Section 7(3) of the Act of 1988 bearing No. CEO-KDA/K/R/2011/21 dated 16.07.2011 after considering the reply filed by the respondents 1 & 2 to the show cause notice dated 18.06.2011 and that the respondents 1 & 2 aggrieved of the demolition notice dated 16.07.2011 preferred an appeal before tribunal which decided the same in terms of the impugned order, contrary to the facts and law overlooking the fact that the respondents 1 & 2 while raising the construction in question committed the major violations of the approved site plan.
After hearing Senior AAG SS Nanda appearing for the KDA whereas Advocate Aseem Sawhney appearing for the respondent, Justice Javed Iqbal Wani observed, “a close examination of the order of demolition dated 16.07.2011 would also reveal that the same in fact is in the form of a format wherein the blanks had been filled in by the authority without detailing out either the details or the description of the property in question, inasmuch as, the alleged violations committed by the respondents upon raising construction thereof”.
“The petitioner authority manifestly has proceeded in the matter mechanically in a hush-hush manner and instead of contesting the appeal before the tribunal on sound, cogent and credible grounds has proceeded to question the impugned order of the tribunal before this court on complicated/disputed questions of facts, which this court in exercise of its extraordinary writ jurisdiction may not be able to appropriately adjudicate upon, as it has been the consistent view of the Apex Court as also of this court expressed in a series of judgments”, Justice Wani said.
With these observations, the High Court said that the impugned order dated 19.07.2012 does not call for any interference.
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