KASHMIR NEWS TRUST #KNT
Jammu and Kashmir Special Tribunal has set aside the demolition notice issued by Jammu Development Authority, thus giving relief to the wife of former Deputy Chief Minister and BJP leader Nirmal Singh.
JDA has issued a demolition notice with regard to the palatial bungalow of Nirmal Singh at Ban village of Nagrota Jammu.
The wife of Nirmal Singh namely Mamta Singh had approached the Special Tribunal after she was directed to remove the alleged illegal construction of the house raised by her.
Court sources told news agency Kashmir News Trust that Jammu Special Tribunal Presided by Member Judicial Rajeev Gupta allowed the appeal filed by Mamta Singh.
While setting aside the impugned demolition notice on technical grounds, the Presiding Officer Rajeev Gupta observed and directed that the Building Operation Controlling Authority of JDA (BOCA) shall be at liberty to proceed afresh against the appellant Mamta Singh for violation of the Building Bye-Laws by strictly adhering to the procedure prescribed under Section 7 of the J&K Control of Building Operations Act, 1988.
Senior Advocate R.K. Gupta with Advocate Rahul Sadotra appearing for the appellant Mamta Singh submitted that notice was never served upon the appellant.
The Tribunal observed that the JDA has failed to establish the valid service of the show cause notice on the appellant which is a mandatory pre-condition for proceeding with statutory exercise against violation of the Building Bye-Laws.
Advocate Adarsh Sharma appearing for JDA however resisted the contentions of the appellant and submitted that the area in question was included in the jurisdiction of the JDA and it was incumbent upon the appellant to have obtained permission from the JDA before the commencement of the work on residential house.
Notably, whistleblower Advocate Muzzaffar Ali Shah through RTI had exposed the alleged controversial illegal construction of this palatial house. [KNT]
