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| Ex-revenue Minister challenges JMC notice to 'demolish' his house | | | Early Times Report
Jammu, Jan 14: The ex-revenue minister of J&K, upon whom JMC had served a final notice under section 7(3) of Control of Building Operation Act (COBO), 1988, today moved the state high court, challenging the corporation's demolition notice. He also challenged the orders passed by J&K Special Tribunal on December 30, 2015 and January 12, 2016 whereby it had kept in abeyance the status quo order earlier passed on December 22, 2015 and directed the parties to seek clarification from the High Court which had on December 3, 2015 directed JMC commissioner to take action warranted under law with regard to the alleged major violations committed by the ex-minister in the construction of his house at Deeli here. In the petition, he contended that he applied for grant of sanction to raise the construction which was approved on November 30, 2011 vide order No 848/BS/2011 and pursuant to the JMC approval, he completed the construction work in 2013. He said the person, who had filed a petition in the high court against him, seeking a direction to JMC to discharge its statutory obligations as according to him the construction was raised in violation of the sanctioned plan and on the state land, had nothing to do with the construction of his house as he was a resident of another locality, ie Rehari Colony.
He submitted that on the basis of a status report, which was called from the vigilance organisation, the state High Court had passed an order on December 3, 2015, directing the JMC commissioner to take action against him under law. Pursuant to this court order, JMC issued a final demolition notice under Section 7(3) of COBO Act, 1988 whereby he was directed to demolish the construction raised in violation of the approved plan within five days, he said. He said he preferred an appeal under section 13 of COBO Act, 1988 before the J&K Special Tribunal which on December 22, 2015 passed an order of status quo and the matter was fixed on January 19, 2016. He contended that the Rehari resident, who was not a party in the appeal, had moved a caveat and accordingly the Tribunal Registry brought the information about the caveat to the notice of Member Judicial of J&K Special Tribunal and without preponing the date, it kept the order of status quo in abeyance vide order of December 30, 2015. Subsequently the tribunal on January 4 and January 12 last deferred the matter for seeking clarification from the state high court.
It is worthwhile to mention here the Rehari man had filed the writ petition based on an RTI expose whereby JMC PIO had disclosed that despite detection of major violations, no action was initiated against the former revenue minister. Taking a serious note of this lapse on the part of JMC, the high court had passed a detailed order on December 3, 2015, directing JMC commissioner to take action warranted under law against the ex-minister with regard to the alleged major violations of 2858 sft on ground as well as first floors of his residential house at Deeli. The court had also directed the JMC commissioner to file Action Taken Report within three weeks. (JNF) |
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