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| HC stays demolition of ex-revenue minister's house | | | Early Times Report
Jammu, Jan 19: High court vacation judge Janak Raj Kotwal has stayed the demolition of ex-revenue minister's house till February 5, 2016.
Disposing of the petition filed by the ex-revenue minister, the judge also directed J&K Special Tribunal, Jammu, to decide his appeal against the JMC's demolition notice within two weeks. He also directed the parties to appear before the tribunal on February 5 next.
When the petition came up for hearing, the ex-minister's counsels submitted that the petitioner had been rendered remedyless with the tribunal keeping in abeyance the status quo order earlier passed on the plea of the caveat filed by a resident of Rehari and directing the parties to seek clarification from the high court which had passed a detailed order on December 3, 2015 in another petition.
The counsels submitted that the matter was fixed before the tribunal on February 5, 2016 and there was no protection against the demolition as the status quo order earlier passed had been kept in abeyance by the tribunal. The Rehari resident's counsel submitted that the instant petition was not maintainable as the clarification if any had to be sought in the petition filed by his client wherein directions had been issued to JMC to take action against the ex-revenue minister with regard to the alleged major violations. He submitted that the ex-minister's appeal against demolition was pending before the special tribunal and directions were required to be issued to it to decide the same within a specified period. He submitted that the ex-minister was highly influential and in case time was not specified, the appeal would remain pending in the tribunal for years to come. Another counsel submitted that JMC was in a deep slumber and hand-in-glove with the ex-minister and for this reason, it had not issued any notice to the ex-minister when he was raising the illegal construction.
He submitted that JMC got activated only when the whistleblower knocked the doors of high court which took serious note of the lapse on the part of JMC and issued directions to its commissioner on December 3, 2015 to take action against the ex-minister with regard to the major violations in the construction of his residential house and file Action Taken Report within three weeks.
JMC's counsel submitted that the petitioner had indulged in major violations and his statutory appeal against demolition notice was pending before the special tribunal which was only competent to adjudicate the matter against the notice issued under Section 7(3) of Control of Building Operation Act.
After hearing the counsels at length, Justice Kotwal stayed the demolition of the ex-revenue minister's house till February 5, 2016. While disposing of his petition, the judge also directed the special tribunal to decide the ex-minister's appeal against demolition notice within two weeks.
He also directed the parties to appear before the special tribunal on February 5, 2016 and clarified that the status quo order would remain valid till February 5 when parties would cause appearance and argue the matter afresh before special tribunal. (JNF) |
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