JDA describes construction as “major violation” even if raise by early 2017 as area was notified to it in 1984
JAMMU, DECEMBER 14: The J&K Special Tribunal’s Judical Member Rajesh Sekhri here on Tuesday extended the stay till January 28 against the demolition notice of the residential house belonging to former Deputy Chief Minister Dr. Nirmal Singh and his wife Mamta Singh.
The Special Tribunal allowed further time to the Counsel for the appellant, Mamta Singh to file objections in an application filed by the whistle-blower Advocate Muzzaffar Ali Shah seeking his impleadment as party respondent in the appeal filed by Mamta Singh against the demolition order of their residential house situated at village Ban, Panjgrain(Nagrota).
When the much publicized appeal filed by the wife of Ex-Deputy Chief Minister Mamta Singh came up for hearing, Advocate Adarsh Sharma appearing for JDA filed a detailed reply/objections to the appeal preferred by Mamta Singh.
In the objections, it has been stated that vide SRO-388 dated August 10, 1984 the area of village Ban/Panjgrain (Nagrota) district Jammu was notified in the Local Area Limits of JDA, as such, any person who undertakes/intends to construct something in the land notified in the Local Area Limits outside JMC Limits has to take a valid legal building permission for construction from JDA, as JDA is the custodian of the Master Plan.
JDA denied the stand of the appellant Mamta Singh with regard to the completion of the construction in the beginning of the year 2017. The JDA in its reply has categorically submitted that the appellant constructed the house without permission from the competent authority as the area in question came under the jurisdiction of JDA in the year 1984 itself and thus, the whole structure constructed by the appellant, Mamta Singh is without permission, as such, falls in the category of major violation, hence, notice was served under Section 7(1) and followed by Section 7 (3) of the Control of Building Operations Act(COBA).
In the objections, astonishing revelation has been made by the JDA by highlighting that the plea of the appellant Mamta Singh that she has constructed the offended structure way back in the year 2017 is also not legally tenable in the light of detailed letter bearing No. JDA/KWO/2018/414-17 dated 26-10-2018 followed by letter No. JDA/KWO/2018/471-766 dated 08-12-2018 written by Khilafwarzi Officer alongwith the Photographs taken at that point of time clearly depicting that the appellant Mamta Singh was raising construction in the year 2018 as late as October,2018 as such, the appellant has concealed the facts and has tried to mislead the Tribunal.
Advocate Adarsh Sharma in the open court also produced the records of the case as per the previous directions of the Tribunal. Looking into the urgency involved in the matter, J&K Special Tribunal has posted the matter on January 28,2022 and in the meantime also extended the stay order against the demolition notice issued by the JDA.
Advocate Jugal Kishore Gupta appeared on behalf of appellant Mamta Singh.