S.15 BOCA Act | Orders Passed By Authority Are Final, Can't Be Questioned In Any Suit, Application Or Execution Proceedings: J&K High Court

Dismissing a petition challenging an order passed by the J&K Special Tribunal, Jammu, the Jammu and Kashmir and Ladakh High Court has emphasised the Tribunal's final authority in matters under the Control of Building Operations Act, 1988 and the limited scope of the High Court's writ jurisdiction in disputes involving questions of fact. Declining interference with the orders of Tribunal Justice Javed Iqbal Wani observed, “.indulgence sought by the petitioner herein the instant petition of the extraordinary writ jurisdiction of this Court under these circumstances may not be warranted, firstly in view of the provisions of Section 15 of the Act of 1988 which provides for finality of orders passed by the Authority or the Appellate Officer with a rider not be called in question in any suit, application or execution proceedings”. High Court's Observations: Adjudicating the matter Justice Wani noted BOCA's inaction on the revised plan for a significant period and interpreted the same as a tacit acceptance on the part of petitioners. “The said position also gets endorsed and authenticated by the fact that the BOCA-petitioner herein after the passing of the impugned order by the Tribunal on 03.06.2005 received and acknowledged the amount of compounding fee of Rs.2,69,825/- vide receipt dated 01.09.2005 coupled with the fact of the report submitted by the Town Planner to the petitioner herein regarding the revised plan submitted by the respondent 1 herein reflecting therein that the Town Planning Organization have had no serious objection to the raising of the construction by the respondent”, the bench recorded.