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2013 DIGILAW 628 (JK)

Raksha Sharma v. Building Operations Controlling Authority

2013-10-30

Madan Lal

body2013
ORDER 1. This order will dispose of the instant appeal. Appellant has preferred instant appeal on the grounds that appellant is senior citizen of the State of Jammu and Kashmir and is a law abiding citizen and have constitutional rights to protect her right. Appellant is the owner in possession of a double storey house situated at Last Morh Gandhi Nagar, Jammu. Husband of the appellant namely Yash Paul Sharma purchased a piece of land through registered sale deed on 15.12.1962 for a sale consideration of RS. 1000/- and constructed double storey residential house after proper permission n from the Administrator Municipality. Husband of the appellant died on 5 Sep., 2011 at home and during life time appellant's husband executed a will deed on 15th Nov, 2000. Respondent no. 3 had issued the impugned notice in terms of section 7 (3) on 7.8.2012 for demolition of stairs constructed on first floor. Hence the present appeal. Respondent has filed written objections in the form of arguments forming the part of the record and it has been stated in para 4 of the objections that total plot area of 1193 Sft. And total violation shown at first floor 73 Sft. Record reveals that appellant raised stairs on the first floor without permission. 2. Learned counsel for the appellant has argued that appeal of appellant be allowed and violation shown against the appellant be compounded. Learned counsel for the respondent has argued that appeal be dismissed with heavy cost because appellant has not sought the permission for raising the stairs. 3. I have heard and perused the file, as the instant case is regarding the construction of stairs, Without the stairs the building can not be properly looked after and managed and the stairs raised by owner of building does not create any nuisance for anybody. Case pertains to senior citizens and taking harsh view would serve no purpose. Accordingly appeal is allowed and the case of the appellant is compounded @ Rs. 25/- per sft. Appellant is directed to deposit the compounding fee 73x Rs.25= Rs. 1825 with the respondent/Govt. Treasury, failure to do so respondents are at liberty to take an appropriate steps under law. Record file be returned back and office file be consigned to records after due compilation.