Arguments conclude, appeal reserved for judgment, pronouncement likely next week

Controversial palatial house of ex-Dy CM at Ban Nagrota

STATE TIMES NEWS

JAMMU: A Bench of J&K Special Tribunal, Jammu headed by Member (Judicial) Rajiv Gupta has reserved file for Judgment in the much publicized appeal preferred by Mamta Singhm wife of Dr Nirmal Singh, former Deputy Chief Minister of J&K against JDA’s Demolition Notice regarding alleged illegal construction of a Palatial House at village Ban (Nagrota), District Jammu.
It may be recalled that arguments in the appeal filed by Mamta Singh were extensively heard by the J&K Special Tribunal on April 6, 2023 and the matter was deferred for April 13, 2023 for continuation of further arguments. Both the sides had put forth their submissions earlier on April 6, 2023 and had sought time to continue the arguments, which was granted and matter was fixed for continuation of arguments on April 13, 2023. The matter was taken up for further hearing today and both the parties have concluded their arguments in the much publicized appeal filed by Mamta Singh against demolition notice of JDA and upon conclusion of the arguments from both sides, J&K Special Tribunal has reserved the file for Judgment, which may likely be pronounced next week.
It may be recalled that the appellant Mamta Singh had earlier moved an application wherein she contended that her case is covered under Unified Building Bye Laws, 2021 and that her case be considered in the light of the said Bye Laws. JDA filed their response to said application filed by Mamta Singh saying that the Unified Building Bye Laws, 2021 have prospective effect and the case of the appellant Mamta Singh cannot be considered under new Bye Laws.
It may also be recalled that Dr Nirmal Kumar Singh and his wife Mamta Singh were issued a Notice under section 7(3) of the Control of Building Operations Act, 1988 for raising construction of a Palatial House at village Ban, Nagrota without seeking prior permission from the Jammu Development Authority. The JDA initially did not act against the high profile former Deputy Chief Minister and later on an RTI application filed by the whistle-blower Advocate Muzzaffar Ali Shah, the Jammu Development Authority disclosed that despite being informed about the alleged illegal construction from the Khilafwarzi Wing, JDA did not proceed against the high profile violators. Subsequently, on the complaint of whistle-blower Advocate Muzzaffar Ali Shah, the JDA issued a demolition notice to the former Deputy Chief Minister Dr. Nirmal Kumar Singh and his wife Mamta Singh whereby JDA has directed them to remove the illegal construction on their own within five days failing which the JDA’s Khilafwarzi Wing would remove the violations. Against said demolition notice, Mamta Singh had filed an appeal before the J&K Special Tribunal, Jammu and the Special Tribunal while taking cognizance of the appeal stayed the operation of the demolition notice. The stay has been extended from time to time and in the meantime, JDA filed its response stating that it’s a case of ‘Major Violation’ and appeal merits to be dismissed.