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DB restores Powers of special Tribunal PIL against violation of Master Plan 3/18/2015 11:37:30 PM Jammu, Mar 18 : In a letter written by Amit Dalia, a social activist regarding constructions of illegal buildings in the Jammu City which include the Master Plan Violations treated as Public Interest Litigation, A Division Bench of State High Court Comprising Justice Mohammad Yaqoob Mir and Justice BS Walia after hearing Sr. Adv RK Gupta Court counsel, whereas Advocate Vikram Sharma for the private respondents, SS Nanda appearing for the JMC and Adv Adarsh Sharma appearing for the JDA, released the seized power of Special Tribunal and directed aggrived persons to avail remedy within one week. Division Bench further observed that it is really a matter of concern that when the authorities are in place why they are not taking strict action as against such violations; why they are allowing constructions/structures to be built illegally and thereafter start process of issuing notices. To these illegalities, not only the concerned authority but their Heads are also responsible and owe an explanation. Division Bench further observed that Advocate S.S.Nanda, appearing for the for the Municipal Corporation, Jammu submitted that within municipal limits of Jammu there are various officers who are to monitor and to take instantaneous action against the unauthorized constructions in their respective areas. Such officers/officials are Assistant Khilafwarzi Officer and Khilafwarzi Inspector. Adv Adarsh Sharma counsel for the Jammu Development Authority submitted that so far as the land and the other property of the Jammu Development Authority is concerned, the JDA has certain officers who have been entrusted the job of monitoring and taking action against the violators in their respective areas. The above directions shall govern them. Division Bench further observed that the detail of cases as already furnished in compliance to order dated 12.02.2014 by the Jammu Development Authority as well as Municipal Corporation, Jammu regarding which cases are pending before tribunals or subordinate courts or where further action is to be taken by the concerned authority, they shall proceed strictly in accordance with law. In such cases the detail of the decision as shall be taken be submitted to this Court by both Jammu Development Authority as well as Municipal Corporation Jammu. Division Bench directed that concerned forums/tribunal/courts shall proceed and deal with such matters including the pending matter with them with reasonable dispatch and also directed whenever any violation is noticed anywhere with the municipal limits of Jammu, report of violation along-with action taken report shall be submitted to this Court. While taking serious note regarding violation, Division Bench directed that Authority concerned, be it Municipal Corporation, Jammu or Jammu Development Authority respectively shall identify the officer/official in whose area violations have taken place. Division Bench further observed that in case officer/official has not immediately initiated action against any type of violation in his area the higher authorities respectively shall proceed against the violator/violations and shall initiate disciplinary action against the officer/official against whom slackness is attributable. Division Bench further observed that for arresting the trend and practice adopted vis-à-vis inaction against the violators, the Heads of these two departments shall monitor it and make the officers/officials accountable, otherwise "we may have no hesitation in holding that such authorities are encouraging the unauthorized constructions so shall have to explain their position".(JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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