1. Petitioner issued Notice to owner of building under Section 7(1) of the J&K Control of Building Operation Act, 1988 (for short Act of 1988) dated 26.02.2013 wherein he was informed that he has allegedly converted the residential building into commercial one by opening the "SPA" (Beauty Parlour) on first floor without the permission of Jammu Municipal Corporation, and has changed the land use from residential to commercial one. It was also alleged in the Notice that the alleged illegal construction has seriously affected the planned development of the Jammu City and it contravened the zoning regulation. Notice, however, was received by the tenant (respondent No. 1 in the writ petition). The Commissioner, Municipal Corporation Jammu, in exercise of power under Section 8(1) of J&K Control of Building Operation Act, 1988 read with Jammu Municipal Area Building Operations Controlling Authority No.4th dated 27.11.1999, ordered for sealing of the premises. Respondent No.1 challenged the said order of sealing in appeal before the J&K Special Tribunal at Jammu. The Special Tribunal vide order dated 07.03.2013, set aside the order of sealing. The petitioner was directed to de-seal the premises forthwith. It is this order, which is called in question in the present petition on the principle ground that there being no provision for filing of an appeal against order under Section 8(1) of the Act of 1988, the J&K Special Tribunal could not entertain the appeal and pass the order, which is impugned in the present petition. 2. Mr. Jalali, learned Senior Advocate appearing for tenant, vehemently argued that the provisions of Sections 7 & 8 of the Act of 1988 are to be read together. Learned counsel submitted that in fact, Section 8 of the Act of 1988 has to be read as proviso to Section 7 of the Act and any order of sealing passed would be appealable under Section 13 of the Act of 1988. Learned counsel further submitted that in case two provisions are not read in the manner as suggested by him then a person whose premises is sealed in terms of Section 8 of the Act of 1988, would be rendered remedy-less. Learned counsel prayed for dismissal of the present writ petition. 3. In order to appreciate the issues raised, Sections 7, 8 & 13 of the Act of 1988 are taken note of:- 7. Learned counsel prayed for dismissal of the present writ petition. 3. In order to appreciate the issues raised, Sections 7, 8 & 13 of the Act of 1988 are 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 conditions 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 the 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 by order direct the person to demolish, alter or pull down the building or part thereof so far as is necessary to remove the 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 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 to him by the Police Department on requisition. (4) All expenses incurred for such demolition shall be recoverable from the owner and/or the occupier in the same manner as arrears of land revenue. 8. (4) All expenses incurred for such demolition shall be recoverable from the owner and/or the occupier in the same manner as arrears of land revenue. 8. Power to seal unauthorized construction (1) It shall be lawful for the Authority concerned, at any time, before or after making an order of demolition under Section 7 to make an order directing the sealing of such erection, re-erection or work or of premises in which such erection, re-erection or work is being carried on or has been completed for the purpose of carrying out the provisions of this Act, or for preventing any dispute as the nature and extent of such erection or work. (2) Where any erection, re-erection or work on any premises in which any erection, re-erection or work is being carried out, has or, have been sealed, the authority concerned may for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed. (3) No person shall remove such seal except,- (a) under an order may by the Authority concerned under sub Section (2); or (b) under an order make in an appeal under this Act. 13. Appeals (1) An appeal against the order of an Authority made under [section 5 or] section 7 shall lie to such person as the Government may by notification in the Government Gazette, appoint in this behalf (hereinafter called "the Appellate Officer") within seven days after the date of the aforesaid order of the authority. The memorandum of appeal need not be accompanied by copy of order appealed from. (2) Where any appeal is preferred from an order of an Authority, the appellate officer shall not stay the enforcement of that order unless the Authority concerned is given an opportunity of being heard: Provided that where the erection or re-erection of any building was not completed on the day on which an order was made under Section 7 for the demolition of such building the appellate officer shall not make any order for the stay of enforcement of such order unless such security, as may be sufficient in the opinion of the appellate officer, has been given by the appellant for not proceedings with such construction, erection or work pending the disposal of appeal. (3) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. (3) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. (4) The costs of any appeal under this section shall be in the discretion of the appellate officer. 4. Section 4 of the J&K Special Tribunal Act, 1988 (for short `Special Tribunal Act of 1988') provides for `Establishment and Composition of the Tribunal'. Section 3 of the Special Tribunal Act of 1988 provides for filing of appeals, revisions etc. before the Tribunal. 5. Section 13 of the Act of 1988 makes a provision for filing an appeal against the order of an Authority made under Section 5 or Section 7 to the Government or to the Appellate Authority. In terms of the provisions of Special Tribunal Act, 1988, these appeals are to be filed before the J&K Special Tribunal constituted in terms of Section 4 thereof. 6. Section 5 of the Act of 1988 provides for granting or refusing the permission for raising construction. Section 7 provides for passing order of demolition of building in certain areas. Section 13, thus, authorizes filing of an appeal only in the circumstances and situation envisaged under Sections 5 and 7 of the Act of 1988. Section 13 does not provide for filing an appeal against order passed under Section 8(1) of the Act of 1988. 7. The point is no longer res integra that the appeal is creature of statute and can be filed only when authorized by the statute. Admittedly, in this case, no appeal is authorized to be filed against order passed under Section 8(1) of the Act of 1988, which provision of the said Act authorizes the competent authority to order for sealing of premises. Sub-section (3)(b) of Section 8 provides that the seal shall not be removed except under an order made by the Authority concerned under this Act or in terms of order passed in an appeal under this Act. The power of sealing of premises in terms of Section 8(1) of Act of 1988 is to ensure that the illegal construction which is commenced is halted in its tracks. The purpose underlying conferring power of sealing is to ensure that there is no violation of the civic law and no person is permitted to reap the benefits of illegal action. 8. The purpose underlying conferring power of sealing is to ensure that there is no violation of the civic law and no person is permitted to reap the benefits of illegal action. 8. The order of sealing under Section 8(1) of the Act of 1988, as already stated, being not appealable order in terms of the provisions of Act of 1988, the appeal filed before the J&K Special Tribunal at Jammu was incompetent. The J&K Special Tribunal was lacking jurisdiction to entertain such an appeal. 9. The argument of learned counsel for the respondents that when the Authority orders for sealing of premises, the aggrieved person is left without remedy, cannot be accepted. Remedies are available to such a person. He can even invoke the extraordinary writ jurisdiction of this Court and Court in appropriate case can entertain such petition and pass orders in accordance with the law. 10. In view of the aforesaid discussion, Rules is made absolute. This writ petition is disposed of in the following manner:- i) By issuance of writ of certiorari, the impugned order dated 07.03.2013 passed by the J&K Special Tribunal, Jammu, on File No. STJ/102/2013 titled `Tarvinder Kaur v. Commissioner, JMC & Anr.' is quashed. ii) It is made clear that the respondent would be at liberty to invoke appropriate remedy in case she is still aggrieved of the sealing order.