JUDGMENT Caveat No. 850/2012 stands dis­charged. 2. Notice dated 21.07.2012 issued by Building Operation Controlling Author­ity Jammu (Municipal Corporation Jammu) and addressed to petitioner is taken note of: "Subject: Show case notice. It has been reported by the Khilafwarzi inspector I/c area on 20.4.2012 that you have rent out the shops to open a bank at Paloura Opp. BSF Camp, Talab Tillo, Jammu. Whereas, no space for parking is available in the said premises. Whereas, the said unit is causing traffic hazard and other environ­mental problems in the vicinity and inconvenience to the people residing there. Now, therefore in exercise of powers conferred under Section 7(1) of Building Operation Act, 1988 read with Jammu Municipal Area Building Operation Control­ling Authorities No:- 4 dated 27.11.1999. I hereby call upon you to show cause within a pe­riod of 48 hours from the date of service of this notice and discon­tinue the use of building for com­mercial purpose, otherwise, ac­tion as warranted shall be initi­ated against you". 3. In consequence to this notice, or­der dated 24.07.2012, which is im­pugned in this petitioner has been passed. The said order is taken note of: "Subject: Notice under Section 8(1) of J&K Control of Building Operation Act, 1988. Whereas, it has been reported by the Enforcement Inspector of the area that one Sh. Krishan Chand Bandral S/o Janak Singh R/o Paloura Opp. BSF Camp, Talab Tillo, Jammu has raised construction without seeking permis­sion from competent authority and thereafter intends to convert the build­ing for commercial use reportedly for establishment of a Bank at Paloura opp. BSF Camp, Tallab Tillo. Whereas, in the facts and circum­stances of the case, I am satisfied that the premises are required to be sealed. Now, therefore, in exercise of powers vested in me under Section 8(1) of the J&K Control of Building Operation Act, 1988 read with Jammu Municipal area Building Controlling Authority No: 4th dated 27.11.1999, I hereby direct the sealing of premises for the pur­pose of carrying out the provisions of this Act, and I therefore, direct for the sealing of the mentioned premises under this Act, immediately". 4. In the notice dated 21.07.2012, it has been stated that petitioner has rented out shops to open a Bank at Paloura Opp. BSF Camp, Talab Tillo, Jammu. 4. In the notice dated 21.07.2012, it has been stated that petitioner has rented out shops to open a Bank at Paloura Opp. BSF Camp, Talab Tillo, Jammu. It is also stated that there is no space available for parking in the said premises, which has caused traf­fic hazard and other environmental problems in the vicinity and inconve­nience to the people residing there. Admittedly, notice has been issued under Section 7(1) of the Jammu and Kashmir Control of Building Operations Act, 1988 (for short the Act of 1988). Section 7(1) of the Act of 1988 is taken note of: 7. Order of demolition of building in certain areas—. (1) Where the erection or re-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". 5. The Section 7(1) provides that where the erection or re-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 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. Notice dated 21.07.2012 does not refer to any such contravention, as mentioned in Sec­tion 7(1) of the Act of 1988. It, admit­tedly, speaks about the renting out of shops to open a Bank without provid­ing any parking space which has caused traffic hazard and other envi­ronmental problems in the vicinity. Is­suance of such type of notice is not authorized by Section 7(1) of the Act of 1988. Since the sealing order has been passed in pursuance to the aforemen­tioned notice, same is rendered illegal. 6. Learned counsel for the respon­dents made all out efforts to justify the issuance of notice dated 21.07.2012 and the impugned order dated 24.07.2012, where under the premises of the peti­tioner has been ordered to be sealed. Since the sealing order has been passed in pursuance to the aforemen­tioned notice, same is rendered illegal. 6. Learned counsel for the respon­dents made all out efforts to justify the issuance of notice dated 21.07.2012 and the impugned order dated 24.07.2012, where under the premises of the peti­tioner has been ordered to be sealed. Learned counsel submitted that action can be initiated where the building has been erected or re-erected or work has been commenced or has been carried out and even where work has been completed without the permission re­ferred to in section 4 or in contravention of any conditions subject to which any permission has been granted. 7. Admittedly, notice under Section 7(1) of the Act of 1988 does not allege any of the contingencies as are referred to in Section 7(1) of the Act of 1988. Notice dated 21.07.2012, in the facts and circumstance of this case, is ille­gal and unauthorized and, in conse­quence thereof, sealing order is also rendered illegal. 8. For the above stated reasons, this petitioner along with connected CMA(s) is disposed of in the following manner: By issuance of writ of Certiorari, the impugned order dated 24.07.2012 passed by the Joint Commissioner (A) Municipal Corpo­ration, Jammu is quashed. Respon­dents, however, will be at liberty to initiate action in accordance with law against the petitioner.