1. This appeal has been preferred against the demolition order issued by the respondent in term of section 7 (3) of COBO ACT. In term of this notice dated 16.7.2011, appellants have been asked to demolish the construction raised at village Kundooran katra. 2. Appellants have stated in appeal that impugned notice is against facts and law. That no prior notice as required u/s 12(1) of COBO Act has been served upon the appellants. That the show cause notice issued u/s 7 (1) of COBO ACT was thrown in the premises of building of appellants. That appellants thereafter approached the respondent and apprised and satisfied with regard to construction, that it is being made in according with building plan. That respondent authority went on spot and carried detailed inspection. That to the surprise of appellants, respondent authority issued final notice in term section 7 (3) of COBO Act dated.16.7.2011. That in show cause notice no khilafwarzi has been mentioned. 3. After filling of appeal, notice was issued to respondent. Respondent has appeared through counsel and filed objections and also produced the records. In objections it has been stated that appellants have raised illegal construction which is against COBO act. In objection no detail of khilafwarzi has been given and only general averments have been made with regard to reply of facts given in memo of appeal. 4. Heard both counsel at length and gone through the record. Counsel for appellants has elaborated all grounds taken in memo of appeal, whereas, respondent counsel has supported impugned notice. 5. I have given my thoughtful consideration to whole aspects of matter and gone through the law on the subject. 6. State legislature of Jammu and Kashmir has formulated an act called JAMMU AND KASHMIR CONTROL OF BUILDING OPERATION ACT 1988 for control of building operation in state. It prescribes full procedure for presentation of application for permission to raise construction, granting or rejection of permission and issuing of notice of demolition of construction raised without permission. Section 7 of act is relevant for deciding the controversy in present case. Section 7 of COBO ACT reads as under;-- 7. It prescribes full procedure for presentation of application for permission to raise construction, granting or rejection of permission and issuing of notice of demolition of construction raised without permission. Section 7 of act is relevant for deciding the controversy in present case. Section 7 of COBO ACT 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. (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 to 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. 7. Bare perusal of above said section, it is evident that before issuing any final notice of demolition, a show cause notice has to served to person, who has raised construction without permission, against plan and bye laws of COBO Act. 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. 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 a final notice should be based upon details of khilaf warzi, narrated in show cause notice. 8. In present case no detail of Khilaf warzi has been mentioned in show cause notice issued under section 7(1) of COBO Act. In this notice, it has been mentioned that, appellants have raised construction at village Kundrorian, Katra. I think this is not correct way under law to mention detail of Khilf warzi. Neither khasra number has been mentioned, nor detail of construction been mentioned. 9. In this way, no proper compliance of section 7 of COBO Act has made by respondent. Further appellants have annexed a photocopy of order dt.27.10.2010, issued by Deputy commissioner Reasi (CEO -- Katra), by virtue of which permission for raising commercials construction has been granted in favour of appellants at village Kundrorian Katra.This fact was also brought to knowledge of respondent in reply, submitted by appellant in response to show cause notice issued on 18.6.2011. Respondent has not applied his mind in issuing show cause as well as final notice of demolition. 10. Hence present appeal is allowed. Impugned notice of demolition is set aside. However, this order will not come in way in taking action under law if appellants have deviated from permission, while raising construction. Record be sent back along with this order. This file be consigned to record after compilation.