Jammu, December 08: An appeal of BOCA filed against compounding by a special tribunal has been dismissed by High court judge Tashi Rabstan. The judge also passed an observation that the since the authorities at the helm of affairs are aware of these violations of law by those raising construction and by officials of municipal authority who are responsible to check the violations, they should take necessary action against the violators.
The judge in his observation directed the authorities to not wait for the construction to come up and immediately check the violations. He also ordered to initiate appropriate disciplinary proceedings against the erring officials who are found to be involved with the law-breakers.
The J&K High Court made this decision in view of a petition filed by BOCA, challenging the August 29, 2005 order of the J&K Special Tribunal, Jammu, whereby it had directed compounding of violation of construction committed.
Pertinently, as per the petitioner’s case, On August 3, 2002, Chain Singh started construction of three rooms, kitchen, bathroom without obtaining permission from the authority. He was served with a notice under Section 7(1) to show cause and another notice under Section 12(1) of the J&K Control of Building Act, 1988 to discontinue the construction but he did not stop the construction. Another notice was issued to him on Sept 3, 2002 for demolition of the construction so raised.
The authorities in the petition said that the Chain Singh had raised the construction without obtaining any building permission and without keeping rear setbacks and both side setbacks. There are also not front setbacks maintained as per the prescribed norms of minimum 10 ft. It was also contended that committing of violation of the setbacks was a major violation as per the prescribed Building bylaws and J&K Control of Building Regulations 1998.