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news details
Controversial palatial bungalow of ex-Deputy Chief Minister
Tribunal extends stay till Jan 28, 2022; JDA brands construction as major violation
12/14/2021 11:09:52 PM
Early Times Report

JAMMU, Dec 14: The judicial member of J&K Special Tribunal, Jammu Rajesh Sekhri extended the stay till January 28, 2022 against the demolition notice of the residential house belonging to former deputy Chief Minister Dr. Nirmal Singh and his wife Mamta Singh.
The Special Tribunal allowed further time to the counsel for the appellant to file objections in an application filed by the whistle-blower Advocate Muzzaffar Ali Shah seeking his impleadment as party respondent in the appeal filed by Mamta Singh against the demolition order of their residential house situated at village Ban, Nagrota.
When the much publicized appeal filed by the wife of former deputy chief minister came up for hearing, Advocate Adarsh Sharma appearing for JDA filed detailed reply/objections to the appeal preferred by Mamta. In the objections, it has been stated that vide SRO-388 dated August 10, 1984 the area of village Ban was notified in the local area limits of JDA, as such, any person who undertakes/intends to construct something in the land notified in the local area limits outside JMC limits has to take a valid legal building permission for construction from JDA, as JDA is the custodian of the Master Plan.
In the objections, the JDA has denied the stand of the appellant with regard to the completion of the construction in the beginning of the year 2017.
The JDA in its reply has categorically submitted that the appellant constructed the house without permission from the competent authority as the area in question came under the jurisdiction of JDA in 1984 itself and thus, the whole structure constructed by the appellant, is without permission, as such, falls in the category of major violation, hence, notice was served under Section 7(1) and followed by Section 7 (3) of the Control of Building Operations Act(COBA).
In the objections revelation has been made by the JDA by highlighting that the plea of the appellant that she has constructed the offended structure way back in the year 2017 is also not legally tenable in the light of detailed letter bearing No. JDA/KWO/2018/414-17 dated 26-10-2018.
Advocate Adarsh in the open court also produced the records of the case as per the previous directions of the Tribunal. Looking into the urgency involved in the matter, J&K Special Tribunal has posted the matter on January 28, 2022 and in the meantime also extended the stay order against the demolition notice issued by the JDA. Advocate Jugal Kishore Gupta appeared on behalf of appellant.
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