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Major violation in construction liable to be demolished: DB 3/9/2016 10:53:39 PM Early Times Report Jammu, Mar 09: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat in LPA holds that the violation being an offence of a major nature could not be allowed to be compounded and such construction was liable to be demolished. This significant order has been ordered in response to LPA filed by Mohan Kour & Ors challenged the writ Court order whereof the writ Court declined to interfere with the order of J&K Special Tribunal that the construction had been raised in utter breach of the Master Plan and the same was described as a major offence. Court added the respondents were the proper authority exercising jurisdiction qua matters, the raising of building for taking appropriate action. "The finding recorded by the Tribunal that the construction raised is in utter breach of the Master Plan and same constitutes a major offence, cannot be termed as erroneous as raising of kitchen and verandah in the setback area in violation of the statutory provisions did not fall within 10% i.e. the permissible ground coverage, court observed. Division Bench further said that the violation being an offence of a major nature could not be allowed to be compounded. Such construction was liable to be demolished. With these observations Division Bench dismissed the LPA. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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