Jammu and Kashmir High Court

WP(C)/2293/2026 of VIKAS MAHAJAN AND ANOTHER Vs UT OF J AND K TH. COMMISSIONER SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT, JAMMU AND OTHERS on 27 July 2026

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OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2293/2026 CM No. 4960/2026 Vikas Mahajan and another …..Appellant(s)/Petitioner(s) Through: Mr. Koshal Parihar, Advocate. vs UT of J&K and others .…. Respondent(s) Through: Mr. Suneel Malhotra, GA. Coram: HON’BLE MR.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 2293/2026

CM No. 4960/2026

Vikas Mahajan and another

…..Appellant(s)/Petitioner(s)

Through: Mr. Koshal Parihar, Advocate.

vs

UT of J&K and others

.…. Respondent(s)

Through: Mr. Suneel Malhotra, GA.

Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

27.07.2026

1. The petitioners, through the medium of instant petition, have impugned order dated 18.06.2026, issued under Section 7(3) of the Jammu and Kashmir Control of Building Operations Act, 1988, whereby the petitioners have been directed to remove the unauthorised and illegal construction at their own level within the period prescribed under Section 7(3) of the Act from the date of issuance of notice/order.

2. It is contended by the petitioners that the order dated 18.06.2026 was never served upon them, as such, the petitioners could not avail the statutory remedy of appeal within the period prescribed under the Act of 1988.

3. Issue notice to the respondents.

4. Mr. Suneel Malhotra, learned GA waives notice on behalf of the respondents. He submits that let the petitioners avail the statutory Serial No. 145

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remedy of appeal against the order dated 18.06.2026 within some stipulated period of time.

5. In view of the above, the present petition is disposed of by directing the petitioners to avail the statutory remedy of appeal against the order dated 18.06.2026 within a period of seven days from today and till then, status quo, as it exists today, shall be maintained.

6. It is further made clear that in the event, the petitioners do not avail the statutory remedy within the period mentioned above, this order shall cease to be in operation.

7. Disposed of along with the connected application.

(RAJNESH OSWAL)

JUDGE

Jammu 27.07.2026 Sahil Padha

Sahil Padha 2026.07.27 17:19 I attest to the accuracy and integrity of this document

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