Section 15 Of Control Of Building Operations Act Grants Finality To Tribunal Orders: J & K And Ladakh HC Dismisses Petition Of Controlling Authority
The Jammu and Kashmir and Ladakh High Court held that per Section 15, the J&K Control of Building Operations Act (Act), the orders passed by any Authority under Section 13 are final and cannot be challenged.
Despite obtaining construction permits, the Respondent faced a demolition order from the Building Operation Controlling Authority (Controlling Authority). The Tribunal ruled in favour of the respondent but compounded the violations.
The Court dismissed the Petition of the Controlling Authority challenging the order of the Tribunal.
The Bench of Justice Javed Iqbal Wani observed, “What emanates from plain reading of the aforesaid provision is that in order to prevent protraction of proceedings under and in terms of the Act of 1988, finality has been attached to an order made by an Authority or an appellate officer appointed by the Government for hearing appeal(s) under section 13 of the Act of 1988”.
Advocate Rajnish Raina appeared for the Petitioner and Advocate Jagpal Singh appeared for the Respondent.
The Petition stemmed from a situation where the Respondent had received permission to construct a commercial building in Jammu from the Controlling Authority. Violations occurred during construction, prompting the Controlling Authority to deliver a show-cause notice and a subsequent demolition order. The Respondent appealed, claiming the order was unjust and lacked jurisdiction.
The Tribunal ruled in favour of the Respondent, finding no major violations and ordering the compounding of specific violations. Aggrieved, the Controlling Authority approached the High Court to challenge the order.
The Court noted that the Respondent constructed the building with certain deviations and violations, but the Controlling Authority did not object to the construction until it was nearly complete. The Controlling Authority then issued a show-cause notice and demolition order, but they did not specify which zoning regulations were violated or how the construction affected the planned development of Jammu City.
The Bench held that Section 15 of the Act grants finality to orders made by any authority prescribed under Section 13, to prevent prolonged legal proceedings. The Controlling Authority’s invocation of extraordinary writ jurisdiction contravenes this statutory provision, especially in a matter involving disputed facts. The Court also held that Re-evaluating the evidence is unwarranted, particularly in the absence of any allegations of perversity against the impugned order.
Accordingly, the Court dismissed the Petition.
Cause Title: Building Operation Controlling Authority v Vikas Gupta
