ORDER 1. Brief facts of the case is that appellant is owner of the premises in question and appellant's father purchased the land during the year 1990 since migrated from home to Doda and raised the construction thereof in the shape of house and shop and after some time the property was divided amongst brothers and appellant's father who was running the business of medical shop at Doda applied for license to Jammu and accordingly when license was transferred to Jammu and started his livelihood from his premises. Copy of the sale deed, memorandum of partition, license and partnership enclosed herewith as annexures. 2. Further stated that appellant was astonished when appellant found a notice no. MJ/CEO/ 235/1/10 lying in the premises and immediately replied the same but authorities without disposing of the same, issued the impugned order which was received by the appellant on 17th January, 2011. Further stated that impugned order reflects the show cause, yet the same was not served as per provision and has been portrayed in final notice in order to catalogue their acts. Impugned notice regarding the demolition of the unauthorized construction within a period of five days without affording an opportunity of being heard, the notice is pad and requires to be set aside. Order impugned smacks of arbitrariness and colorful exercise of powers as the same has been passed without visiting the spot and building in question was already in existence and no new construction has been raised. The order impugned is not sustainable in the eyes of law. Respondents have filed their objection as per para 02 and 03 of the objections which are reproduced hereunder; 2. The total plot area is 600 Sft. The appellant has been permitted to cover 390 Sft at Ground floor butt the appellant has violated the permission given by JMC by covering 600 Sft at ground floor. The appellant has committing the violations by covering more than the permitted area. The appellant has made violation in set backs also . The details of the violations are shown in the chart. As per regulation II of J&K Control of Building Operations Act, 1998 the violation of the set backs are major in nature and cannot be compounded. The appellant has violated the set backs earmarked for the plot area and committed a major offence which is not compoundable. The details of the violations are shown in the chart. As per regulation II of J&K Control of Building Operations Act, 1998 the violation of the set backs are major in nature and cannot be compounded. The appellant has violated the set backs earmarked for the plot area and committed a major offence which is not compoundable. The record file is also submitted for the perusal. 3. The built up area raised un-authorizedly has been worked out as under; Total Plot area = 600 Sft. Ground Floor = 600 Sft,. S.No. Particulars As per JMC Constructed at site Quantum of violation In sft. %age 1. Plot area 600 Sft. 600 Sft. 100% 2. Coverage 65% 3. Ground floor 390 sft. 600 sft.. 210 Sft 53.84% 4. Front set back 5'-0" nil 5'-0" 100% 5. Rear set back 3'-3" Nil 3'-3" 100% 6. Land Use Residentia Commercial 7. Height 40'-0" 12'-0" Nil 8. FAR 210 100 Nil 3. Learned counsel for the appellant has further argued that appellant's father had purchased 02 kanals 118 Sft land falling under survey no; 170 min in year 1990 and father of the appellant was running shop in the name of M/S Nova Medicare centre and appellant has not raised any further construction. The construction was already old one and the impugned notice issued by the respondent is bad in the eyes of law. Further argued that alleged construction does not violate the provisions of Ribbon Development Act and as per the Master plan for 2021, appellant is entitled to run the said shop as an Office as a Charted Accountant. On the other hand , learned counsel for the respondent has argued that present appeal deserves to be dismissed as the appellant has raised the construction without obtaining the permission from the municipal authorities. 4. Learned counsel for the appellant has further argued that in the light of judgment reported in (2005) 7 Supreme Court Cases 110 : 2004 (2) JKJ HC-443 (DB) Kewal Krishan Gupta v. J&K Special Tribunal and others. Para 16 is reported hereunder: 16. Finally, apart from these reasons for which the impugned judgment is liable to be faulted, our attention was drawn by the learned counsel for the appellant to notification dated 9.8.2004, SRO- 263 issued by the Commissioner and Secretary to the Govt. of Jammu and Kashmir by which the master plan for Jammu; 2021 has been published. Finally, apart from these reasons for which the impugned judgment is liable to be faulted, our attention was drawn by the learned counsel for the appellant to notification dated 9.8.2004, SRO- 263 issued by the Commissioner and Secretary to the Govt. of Jammu and Kashmir by which the master plan for Jammu; 2021 has been published. Paragraph 6.9.11 at page 81 of the said master plan specifically provides that B.C. road area is earmarked as special area to be developed as a mixed used zone having residential, commercial, light industry, institutional and other uses. The phase of rapid growth of industrial development also make it unnecessary for permitting demolition of the structure even if it be in contravention of the provisions of the Act or the zone provisions in the previous master plan. Considered from all angles, it appeared that the High Court need not have taken an activist role in directing demolition of the offending structure which had been permitted to be compounded by the competent authority namely, the Tribunal. 5. In view of the facts of the case and law of the land construction raised by the appellant is 600 Sft. Which is compounded @ Rs. 40/- per sft. Appellant is directed to deposit the compounding fee with respondent within two months i.e. 600 x 40 = Rs. 24,000/- failing which the respondents are at liberty to take appropriate action against the appellant. Appeal is disposed of accordingly and file be consigned to records after due completion and file of the JMC be sent back alongwith a copy of this order.