DAVINDER KUMAR JAIN v. BUILDING OPERATION CONTROLLING AUTHORITY MUNICIPAL AREA JAMMU TH ITS COMMISSIONER JAMMU AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR. JUSTICE MA CHOWDHARY
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-12-31. DAVINDER KUMAR JAIN v. BUILDING OPERATION CONTROLLING AUTHORITY MUNICIPAL AREA JAMMU TH ITS...
Judgment text
Sr. No. 5 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 265/2024 in [WP(C) No. 3209/2023] CM No. 7586/2024 CM No. 7587/2024 Davinder Kumar Jain, Age 65 years ….. Appellant/Petitioner(s) S/O Sh. Sudershan Kumar Jain R/O H. No. 20/B, Extn. Gandhi Nagar, Jammu. Through: Mr. Amit Gupta, Advocate. Vs 1. Building Operation Controlling Authority . …. Respondent(s) Area Jammu through its Commissioner, Jammu Municipal Corporation, Town Hall, Jammu. 2. Secretary, Municipal Corporation, Jammu. 3. Assistant Commissioner (Revenue), Municipal Corporation, Jammu. 4. Registrar, J&K Special Tribunal, Jammu. Through: Mr. Rajnesh Raina, Advocate. Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 31. 12. 2024 1. The delay condonation application is filed seeking to condone 330 days delay in filing the appeal against intra-court order dated 27. 12. 2023 passed by learned Single Judge in WP(C) No.
3209/2023 whereby the learned Single Judge directed the Commissioner, Jammu Municipal Corporation to ensure that in case if the building permission earned by the Chander Kumar Jain and Davinder Kumar Jain with respect to the building premises of 20-B, Gandhi Nagar, Jammu is for residential purpose then in case the building has not been so constructed in the manner in which it was permitted to be constructed as per the building permission no. 564/BS/11 dated 08. 08. 2011 then to seal the building portion which has suffered diversion from being residential to commercial and submit a status report to said effect and compliance. 2 LPA No. 265/2024 2. It is submitted by the learned counsel for the appellant, Mr. Amit Gupta that the matter is fixed for hearing on 02. 01. 2025 before the learned Single Judge. 3. Issue notice. 4. Notice is accepted by Mr. Rajnesh Raina, learned counsel appearing on behalf of the respondents. 5.
At this stage, we, without expressing any opinion on the merits of the case, dispose of the condonation of delay application as well as the accompanying appeal by providing liberty to the appellant to agitate before the learned Single Judge by laying motion for modification/alteration of the impugned order. 6. We request the learned Single Judge to consider and decide the motion accordingly. ( ( MA Chowdhary) (Tashi Rabstan) Judge Chief Justice Jammu 31. 12. 2024 Raj Kumar
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