1. This appeal has been preferred against, the notice No.MJ/Esst/74/CEO/3/06 dated 20.10.2010 issued by respondent, for demolition of construction raised at Verma Hotel Jewel Chowk Jammu. 2. In the memo of appeal, appellant has stated that in the year 2006, show cause notices bearing no. MJ/Estt./74/CEO/1/06 dated. 8.9.2006 AND MJ/Estt./74/CEO/2/06 dated. 8.9.2006 were issued, which was followed by final notice No.MJ/Estt./74/CEO/3/06 on 16.9.2006. That in final notice it was stated that appellant has raised basement room adjoining to the existing basement. 3. That an appeal was filed against said final notice before special Tribunal Jammu and said appeal was accepted 17.12.2007 and construction raised was considered as minor and it was compounded. That after that appellant did not raise any new construction, but respondent without application of mind has issued again final notice of demolition on 20.10.2010 based upon facts narrated in previous show cause notice dated. 8.9.2006, which has already been taken note by Tribunal and decided. That no previous show cause notice was served with regard to present notice of demolition, impugned in present appeal. 4. After filing the appeal respondent has filed report and has also produced the records. From the perusal of records, it reveals that the final notice impugned has been issued with reference to previous show cause notice dt 8.9.06. Section 7 of BOCA reads as under;- 7. Order of demolition of building in certain areas (1) Where the erection or-erection of any building has been commenced or is being carried on or has been completed without the permission referred to in section 4 or in contravention of any condition subject to which any permission has been granted, the Authority shall issue a notice in writing calling upon the person to show cause within a period of 48 hours, why the building should not be altered or demolished as may be deemed necessary to remove the contravention. (2) The Authority shall cause the notice to be affixed on the outer door of some conspicuous part of the building whereupon the notice shall be deemed to have been duly served upon the owner or the Occupier of the building. (2) The Authority shall cause the notice to be affixed on the outer door of some conspicuous part of the building whereupon the notice shall be deemed to have been duly served upon the owner or the Occupier of the building. (3) If the person to whom the notice has been given refuses or fails to show cause within a period specified under Sub-section (1) or if after hearing that person, the Authority is satisfied that the erection or re-erection of the building is in contravention of the provisions of this Section, the Authority shall be order direct the person to demolish after or pull down the building is in contravention within a period not exceeding five days as may be specified in the order and if the person fails t o comply with the direction, the Authority may itself cause the erection or re-erection to be demolished after the expiry of the said period and may for that purpose use such police Force as may be necessary which shall be made available o him by the Police Department on requisition. 5. Bare perusal of above said section, it is evident that before issuing any final notice of demolition, a show cause notice has to served. So a show cause notice, thereby informing the defaulter about detail of violation committed by him is sine qua for issuing final notice of demolition of illegal construction. In this way final notice should be based upon facts narrated in show cause notice. 6. In present case in final notice, a reference has been made with regard to show cause notices issued on dt. 8.9.06, after which a other final notice was issued on 19.9.2006. Against this notice an appeal was filled, which has been decided by this court on 17.12.2007 and khilafwarzi was compounded. 7. In this way respondent has not applied his mind properly, before issuing present final notice impugned in this appeal, because reference of previous show cause notice has been given. 8. In view of above, this appeal is accepted and impugned notice in appeal is quashed. However this will not bar the respondent to proceed against appellant under COBO Act or any other act, in case any fresh violation has been committed by the appellant after order of this court dt. 17.12.2007. Record is sent back along with order. File of this court be consigned to record.