STATE OF JAMMU AND KASHMIR & ORS. vs HAJI WALI MOHAMMED AND OTHERS

The Supreme Court upheld the High Court's decision that the demolition of structures under Section 129 of the Jammu and Kashmir Municipal Act, Samvat 2008, was illegal due to noncompliance with Sections 238 and 239. The Court emphasized that proper service of notice was not established as required by Section 239, and the 24-hour timeframe given for demolition was unreasonable and did not allow for compliance or appeal. Consequently, the municipality's actions were deemed harsh and contrary to the statutory provisions, leading to the dismissal of the appeal.