J&K High Court Asks Municipal Corp To Identify Those Who Converted Residential Properties to Commercial Properties In Violation Of Master Plan

A bench of Justice Wasim Sadiq Nargal passed these directions in a petition filed by Rakesh Aggarwal challenging the sealing of his premises at Apsara Road, Jammu, for allegedly converting a residential building into a commercial space without permission.

Mr Aseem Kumar Sawhney for the petitioner argued that the impugned notice was served on the wrong address and that the tribunal had already set aside a similar order in 2022 due to the same error. He further contended that the Jammu Smart City Project itself had endorsed Apsara Road as a commercial area and had invested crores of rupees in its development.

The petitioner's counsel also highlighted the alleged discriminatory approach of the JMC, stating that while his establishment was sealed, other commercial activities were flourishing in the vicinity. He argued that the authorities failed to follow due procedure as mandated by the Control of Building Operation Act, 1988 (COBO Act) and the Jammu and Kashmir Unified Building Bye-laws 2021.

Justice Nargal, after hearing the arguments, observed that a prima facie case for indulgence was made out. The Court noted that the notice was issued on the wrong address and directed the JMC to produce the original record pertaining to the order.

While issuing notice in the main petition, the court added,

“Respondents are further directed to place on record the details and action taken by way of filing a separate affidavit of all such violators of the said area, who have changed the land use from residential to commercial in violation of existing rules/bye-laws and the master plan within two weeks positively with copy in advance to the learned counsel for the petitioner, who may file response within two weeks thereafter”

The case is scheduled for the next hearing on July 29, 2024.

Case Title: Rakesh Aggarwal Vs Building Controlling Authority & Ors.

Click Here To Read/Download Order