Jammu and Kashmir High Court
WP(C)/466/2026 of SUNIL KUMAR Vs BUILDING OPERATION CONTROLLING AUTHORITY TH ITS CHAIRMAN JAMMU MUNICIPAL CORPORATION AND OTHERS on 27 February 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 466/2026 CM No. 1100/2026 Sunil Kumar …..Appellant(s)/Petitioner(s) Through: Mr. Sachin Gupta, Advocate with Mrs. Arsha Sharma, Advocate vs BOCA & Ors. (JMC) .…. Respondent(s) Through: Mr. Mayank Gupta, Advocate CORAM:
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 466/2026
CM No. 1100/2026
Sunil Kumar
…..Appellant(s)/Petitioner(s)
Through: Mr. Sachin Gupta, Advocate with Mrs. Arsha Sharma, Advocate
vs
BOCA & Ors. (JMC)
.…. Respondent(s)
Through: Mr. Mayank Gupta, Advocate
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
(27.02.2026)
1. The petitioner, through the medium of this petition, has challenged Order No. JMC/CEO/391-95 dated 25.07.2025 issued by respondent No. 3, by virtue of which the premises of the petitioner has allegedly been arbitrarily sealed.
2. Learned counsel for the petitioner submits that the petitioner had filed an appeal before the J&K Special Tribunal against the demolition order passed under Section 7(3) of the J&K Control of Building Operations (COBO) Act, 1983, which has been allowed with liberty to the respondents to initiate the statutory exercise within a period of one month, strictly in accordance with the provisions of Section 7(3) of the COBO Act, after incorporating in the show-cause notice the exact violations along with the measurements of the lower ground as well as the first floor of the structure.
3. Learned counsel for the petitioner further submits that since the directions already taken by the respondents have been set aside by the J&K Special Tribunal, the respondents are required to proceed afresh against the Serial No. 237
2
petitioner. Accordingly, until a decision is taken, the petitioner is entitled to the de-sealing of his premises.
4. In view of the above, it is directed that the petitioner shall approach respondent No. 2 – Commissioner, Jammu Municipal Corporation with a fresh representation regarding the pleas raised in this petition. Respondent Nos. 2 and 3 shall consider the representation, if moved by the petitioner, within a period of one week, from the date a copy of this order is supplied to him along with the representation.
5. The petition is, disposed of, accordingly, alongwith connection application(s).
(M A CHOWDHARY) JUDGE
Jammu 27.02.2026 Amit