JDA issues fresh demolition order; Special Tribunal orders status-quo

𝐂𝐨𝐧𝐭𝐫𝐨𝐯𝐞𝐫𝐬𝐢𝐚𝐥 𝐩𝐚𝐥𝐚𝐭𝐢𝐚𝐥 𝐛𝐮𝐧𝐠𝐚𝐥𝐨𝐰 𝐨𝐟 𝐄𝐱-𝐃𝐲𝐂𝐌 𝐚𝐭 𝐍𝐚𝐠𝐫𝐨𝐭𝐚

STATE TIMES NEWS

JAMMU: In a significant development, the Jammu Development Authority (JDA) issued a fresh demolition order to Mamta Singh, wife of Dr Nirmal Singh, former Deputy Chief Minister of J&K, directing her to demolish the unauthorised construction of the palatial house situated at Village Ban in Nagrota, within a period of five days, failing which the same shall be demolished by Enforcement Wing of the JDA at the cost of the violator. However, Mamta Sharma preferred an appeal against the fresh demolition order dated July 28, 2023 before the J&K Special Tribunal, Jammu and the Bench-III of the Tribunal directed the JDA to maintain the status quo on spot with regard to the demolition notice issued afresh by JDA to Mamta Singh under Section 7(3) of the Control of Building Operations Act, 1988 for raising the construction of a residential house at Village Ban (Nagrota), Jammu allegedly without seeking permission from JDA. After hearing the Senior Advocate R.K. Gupta with Advocate Akshay Sadhotra appearing for appellant Mamta Singh and Advocate Anchit H Sharma (Standing Counsel JDA) alongwith Chakshu Sawhney (Legal Assistant JDA), a Bench headed by Member-III observed that the Senior Counsel has contended that Mamta Singh the appellant has acquired the land measuring 04 Kanals comprising in Khasra No.441 min, Khata No.534 min, Khewat No.80 situated at Revenue Village Ban, Tehsil Nagrota District Jammu by virtue of Sale Deed dated Mat 20, 2014. It was further contended that the land at Village Ban was outside the jurisdiction of any Development Authority and the appellant Mamta Singh raised the construction of the house in the said land and the structure of the house was completed in the beginning of the year 2017. It was also pointed out that during the entire period of construction and thereafter there was no complaint by any Development Authority and rightly so as the same had already been constructed prior to coming into force of Jammu Master Plan, 2032 notified vide SRO-90 of 2017 dated March 3, 2017.
On the other hand, Advocate Anchit H. Sharma appearing for JDA vehemently argued that appellant Mamta Singh constructed the building without seeking any permission from JDA which is in contravention of building bye-Laws and Jammu Master Plan 2032. Advocate Sharma further submitted that area in question is a Green Zone and as such the violation is ‘ major’ in nature and the appeal filed by Mamta Singh is not maintainable.
After considering the heated arguments from both the sides, the J&K Special Tribunal directed the appellant Mamta Singh to produce the record in support of her claim alongwith geo-tagged photographs of construction in question by or before the next date of hearing.
The Special Tribunal in the meanwhile directed the parties to maintain status quo on spot till the next date of hearing on October 17, 2023.
It may be recalled that the alleged controversial unauthorized construction of a palatial residential house at Village Ban (Nagrota) was exposed through RTI by a whistleblower Advocate Muzzaffar Ali Shah as in response to his RTI Application, the JDA admitted that then Khilafwarzi Officer had reported the alleged illegal construction but action was not taken by the Senior Officers of the JDA.
The JDA on July 28, 2023 issued a fresh demolition notice to Mamta Singh wife of Dr. Nirmal Singh as earlier demolition notice dated November 8, 2021 had been set aside on technical grounds by the J&K Special Tribunal with a liberty to JDA to proceed afresh in the matter in accordance with law.