6 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CJ Court WP(C) No. 1229/2025 CM No. 3259/2025 M/s Noora Paying Guest House and another …Petitioner(s)/Appellant(s) Through: Mr. Altaf Mehraj, Advocate. v/s U. T. of J&K and ors. …. Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 27.05.2025 1. Petitioners, aggrieved by the notice dated May 17, 2025 issued by the Gulmarg Development Authority (GDA) vide which they are required to demolish the construction/structures that is alleged to have been illegally raised, are before this Court. 2. Learned counsel for the petitioners submits that the impugned notice is in apparent violation of the scheme of the provision of Section 7 of the Jammu and Kashmir Control of Building Operations Act, 1988 (for short the Act). For, before requiring the petitioners to demolish the construction that is alleged to have been unauthorizedly raised, they were not served with a show cause notice, as a result, they were deprived to submit response and set out their defence. Hence, the impugned order, though ostensibly a notice, is indefensible. 2 WP(C) No. 1229/2025 3. Served with an advance copy of the petition, Mr. Mohsin Qadiri, Sr. AAG is present on behalf of the respondents. Faced with the position indicated above, he, as always, fairly submits that let the impugned order/notice be considered/taken as only a show cause notice in terms of the Section 7(1) of the Act. And, the petitioners, as envisaged under sub section (2) of Section 7 of the Act, be granted time to respond thereto. Whereafter the competent authority, if so advised, shall pass appropriate orders. 4. In response, learned counsel for the petitioners submits that the petitioners shall submit a suitable reply/response to the show cause notice within prescribed time. 5. In the wake of the above and in terms of the statements made by the counsel for the parties, the petition is accordingly disposed of. 6. This Court is sanguine that, in the event, the petitioners submit response in terms of sub section (2) of Section 7 of the Act, the same shall be considered/examined by the competent authority in the right earnest and the appropriate orders, in accordance with the provisions of Section 7 of the Act, shall be passed. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu: 27.05.2025 Rakesh Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Rakesh Kumar 2025.05.28 09:34 I attest to the accuracy and integrity of this document