STATE TIMES NEWS
JAMMU: A Division Bench of the State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat wednesday passed an order stating that the violation being an offence of a major nature could not be allowed to be compounded and such construction was liable to be demolished.
This significant order has been passed in LPA filed by Mohan Kour & Ors challenging the writ Court order whereof the writ Court declined to interfere with the order of J&K Special Tribunal that the construction had been raised in utter breach of the Master Plan and the same was described as a major offence.
Division Bench observed that in the instant case, predecessor-in-interest of the appellants constructed kitchen and a verandah in the setback area which constituted a major violation. The construction was raised in utter dis-regard and beach of the statutory provisions.
Respondents were the proper authority exercising jurisdiction qua matters of raising of building for taking appropriate action. The finding recorded by the Tribunal that the construction raised is in utter breach of the Master Plan and same constitutes a major offence, cannot be termed as erroneous as raising of kitchen and verandah in the setback area in violation of the statutory provisions did not fall within 10% i.e. the permissible ground coverage.
Division Bench observed that this was a separate construction activity and not a mere stretching of the sanctioned master plan.
The violation being an offence of a major nature could not be allowed to be compounded.
Such construction was liable to be demolished. With these observations Division Bench dismissed the LPA.
