The Bold Voice of J&K

Spl Tribunal dismisses Ex-DyCM wife’s petition, imposes costs Rs 10 lakh

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JAMMU: Member Special Tribunal Jammu Asif Hamid Khan on Monday dismissed the petition filed against the demolition of House illegally constructed by Mamta Singh wife of former Deputy Chief Minister, Dr. Nirmal Singh, in violation of law at Ban, Nagrota, a restricted green area demarcated as such in the Jammu Master Plan 2032.
The Special Tribunal in its order pronounced on May 17, 2024, also reprimanded, passed strictures and imposed a fine of Rs. 10 lakh on Mamta Singh, for the serious misconduct involving criminal contempt of Court and perjury for getting favourable orders by taking shelter of falsehood, misrepresentation/suppression of facts and fraud. It further said that the construction of the residential house in question is a deliberate act of defiance of the Rule of law. The appeal filed before the Tribunal thereafter on false grounds tantamount to the abuse of process of court.
In a new twist, the Special Tribunal has also made serious observations regarding the terms and condition as mentioned in the Sale Deed dated May 20, 2014 of the land in question referring to paras 6 and 7 wherein the purchaser has admitted that the land has been included in the Master Plan under SRO 388 and falls within Rule 5 (Dafa 5) of Shamlat-deh. In para 7 the Vendor declares that Vendor and Vendee both belong to Agriculture class, hence there is no impediment on transfer of aforesaid land.
The Tribunal questioned the change in the land use and the transfer of land and its registration in by Sub-Registrar court quoting the Section 20-B and Section 21 of J&K Big Landed Estate Abolition Act Svt 2007 prohibiting the Transfer of land classified as ‘Arak’ in revenue records
It is worthwhile to mention here that in a significant development, the Jammu Development Authority had ordered demolition of an ‘illegally’ constructed bungalow of former Deputy Chief Minister and senior BJP leader, Dr Nirmal Singh at village Ban in Nagrota on the outskirts of Jammu.
A notice in this regard had been issued by the Building Operations Controlling Authority, JDA, to Nirmal Singh and his wife Mamta Singh, who is owner of the land on which this ‘illegal’ bungalow has been constructed without valid permission from the competent authority as prescribed under law.
Mamta Singh approached the J&K Special Tribunal to invalidate the JDA Notice in an appeal and the then Special Tribunal bench pending decision, in the meanwhile, directed the parties to maintain status quo on spot till the next date of hearing and later set aside the JDA Notice on Technical grounds with a liberty to JDA to proceed afresh in the matter in accordance with law.
Subsequently, the JDA on July 28, 2023 issued a fresh demolition notice to Mamta Singh, wife of Dr. Nirmal Singh which she again challenged. The fresh appeal was preferred by her before the Special Tribunal, which has been dismissed and imposed a fine Rs 10 lakh. Sources close to Nirmal Singh said, “we are approaching higher court for stay on this order.”

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