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| HC directs to take action against officers who are found in league with law-breakers | | Illegal constructions | | Early Times Report
Jammu, Dec 7: High court judge Tashi Rabstan has dismissed an appeal of BOCA filed against compounding by the special tribunal and observed that though the authority at the helm of affairs is aware of these violations of law by those raising construction and officials of municipal authority who are responsible to check the violations, it is expected that appropriate remedial measures should be taken to check these violations immediately when these are committed and not to wait for the construction to come up finally.
The court ordered that the erring officials, who were found in league with law-breakers, should also be dealt with sternly and appropriate disciplinary proceedings should be initiated against them.
The court directive came in a petition filed by BOCA, challenging the August 29, 2005 order of the J&K Special Tribunal, Jammu, whereby it had directed compounding of violation of construction committed.
The petitioner's case is that on August 3, 2002, Chain Singh without obtaining permission from the authority had started construction of three rooms, kitchen, bathroom, to which a notice under Section 7(1) to show cause and another notice under Section 12(1) of the J&K Control of Building Act, 1988 to discontinue the construction, were served upon him. He , however, did not stop the construction. Thereafter, another notice on September 3, 2002 was issued for demolition of the construction so raised. The petitioner (authority ) stated that chain Singh had raised the construction without obtaining any building permission from it and without keeping rear setbacks and both side setbacks. It is also contended that the front setbacks have also not been maintained as per the prescribed norms of minimum 10 ft. It was also contended that committing of violation of the setbacks was a major violation as per the prescribed Building bylaws and J&K Control of Building Regulations 1998. It was stated that the order impugned was against law and facts as Chain Singh had covered 70 pc of the plot area whereas the permissible limits as per the prescribed Building Bye Laws is 60 pc and respondent No 2, it tribunal, could have at the most compounded the violation upto 5 pc beyond the permissible limit at the rate of Rs 50 per sq ft and beyond 5 pc to 10 pc at the rate of Rs 100 per sq ft, but, only in case of residential building as per Rule 5(iv) of Jammu and Kashmir Municipal (Unauthorized Construction) Rules 1977. For commercial and industrial building, the penalty shall be two times the rates for residential buildings. It is further case of the petitioner-authority that Chain Singh was raising apartments, which was a commercial activity, but, the tribunal, without going into the merits of the case, compounded the violation, which was major. It was contended that instead of maintaining proper set-backs, he deviated from the prescribed building bylaws, violating the provisions of J&K Control of Building Operation Act, 1988 and J&K Control of Building Operations Regulations, 1998. Accordingly, the petitioner-authority issued him the show cause notices under Sections 7(1) and 12(1) of the Act to discontinue the operation of unauthorised construction. It was pleaded that against these notices, he preferred an appeal before tribunal which vide its August 29, 2005 order, impugned herein, directed compounding of the violation committed by him. It is this order, which is under challenge in the present petition.
The court dismissed the BOCA's petition and observed that the authority at the helm of affairs though still aware of these violations of law(s) by both, persons raising construction and/or officers/officials of Municipal Authority, responsible to check violations, is reminded of its duties in this regard and it is expected that appropriate remedial measures should be taken to check the violations of bylaws in construction immediately, when these are committed and not to wait for construction to come up finally. At the same time, erring officers/officials, who are found in league with lawbreakers, should also be dealt with sternly and appropriate disciplinary proceedings should be initiated against them, the court ordered. (JNF) |
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