WRIT PETITION 1314/2018 on 31 December 2018

1. By way of the present appeal, the appellant has assailed the order dated 12[th]July, 2018 passed in OWP No. 1314/2018, MP No. 01/2018. July, 2018 passed in OWP No. 1314/2018, MP No. 01/2018.

2. On a grievance by the respondent No. 8 to 11 that the appellants herein are effecting unauthorized construction on land in Khasra No. 723/393 and 722/392, Village Manda, Tehsil Akhnoor, (Nirdosh Chowk), these private respondents contended that the official respondents including the Municipal Committee, (Akhnoor) had failed to discharge their duties under the Municipal Act and failed to take action in respect of the unauthorized construction. effecting unauthorized construction on land in Khasra No. 723/393 and 722/392, Village Manda, Tehsil Akhnoor, (Nirdosh Chowk), these private respondents contended that the official respondents including the Municipal Committee, (Akhnoor) had failed to discharge their duties under the Municipal Act and failed to take action in respect of the unauthorized construction.

3. By way of OWP No. 1314/2018, the respondent Nos. 8 to 11 sought directions to the official respondents to discharge their statutory duties and to take action under the J&K Control of Building Operations Act,1988. directions to the official respondents to discharge their statutory duties and to take action under the J&K Control of Building Operations Act,1988.

4. This writ petition was taken up for consideration on 12[th] July, 2018, when the learned Single Judge disposed it of directing the respondent N. 4 (Administrator, Municipal Committee, Akhnoor) to look into the grievance made by the respondent Nos. 8 to 11 and in case the appellants had raised construction (shopping Complex) or raising construction without any construction and approval of site plan from Municipal Committee, the respondent No. 4 shall perform his statutory duty as per law and take action under law within a period of 10 days from the date of receipt of certified copy of the order passed. No adjudication on any rights of the parties or on legality of the construction has taken place. learned Single Judge disposed it of directing the respondent N. 4 (Administrator, Municipal Committee, Akhnoor) to look into the grievance made by the respondent Nos. 8 to 11 and in case the appellants had raised construction (shopping Complex) or raising construction without any construction and approval of site plan from Municipal Committee, the respondent No. 4 shall perform his statutory duty as per law and take action under law within a period of 10 days from the date of receipt of certified copy of the order passed. No adjudication on any rights of the parties or on legality of the construction has taken place.

5. In this background, the present appeal is completely misconceived. However, inasmuch as the appellant who was not represented at the time of the passing of the order dated 12[th] July, 2018 and was not heard on the contentions of respondent Nos. 8 to 11 with regard to the construction being raised by the appellant, it is directed that nothing contained in the impugned order dated 12[th] July, 2018 or the present order shall be treated as an expression of the inasmuch as the appellant who was not represented at the time of the passing of the order dated 12[th] July, 2018 and was not heard on the contentions of respondent Nos. 8 to 11 with regard to the construction being raised by the appellant, it is directed that nothing contained in the impugned order dated 12[th] July, 2018 or the present order shall be treated as an expression of the opinion on the merits of the case.

6. We are informed that the appellant has taken legal redressal by way of statutory appeal before the Special Tribunal in respect of the notice issued by the Municipal Committee, Akhnoor. It is directed that the Tribunal shall proceed in the matter uninfluenced by any observation made by the learned Single Judge or by this Court. statutory appeal before the Special Tribunal in respect of the notice issued by the Municipal Committee, Akhnoor. It is directed that the Tribunal shall proceed in the matter uninfluenced by any observation made by the learned Single Judge or by this Court.

7. The LPA is, accordingly, disposed of.

Jammu 31.12.2018 Tarun

(Tashi Rabstan) (Gita Mittal) Judge Chief Justice