Palatial bungalow of ex-Dy CM at Ban
Excelsior Correspondent
JAMMU, Apr 17: In a significant order, J&K Special Tribunal, Jammu (Bench-II) presided by Member Judicial Rajeev Gupta has allowed the appeal filed by Mamta Singh, wife of Dr Nirmal Kumar Singh, ex-Deputy CM and set-aside the demolition notice issued by Jammu Development Authority in respect of a bungalow constructed at Ban in Nagrota.
While setting aside the impugned demolition notice on technical grounds, the Presiding Officer directed that the Building Operation Controlling Authority of JDA (BOCA) shall be at liberty to proceed afresh against the appellant Mamta Singh for violation of the Building Bye-Laws by strictly adhering to the procedure prescribed under Section 7 of the J&K Control of Building Operations Act, 1988.
Senior Advocate R K Gupta with Advocate Rahul Sadotra appearing for the appellant Mamta Singh submitted that notice under Section 7(1) of J&K Control of Building Operations Act, 1988 was never served upon the appellant asking her to show cause as to why the construction may not be removed which is raised in violation of the Building Bye-Laws.
The appellant relied upon a judgment of the Division Bench of J&K High Court titled BOCA V/s Koushalya Devi & Ors wherein it was held that when it is disputed then it has to be proved that the notice was served in presence of independent witness.
Advocate Adarsh Sharma appearing for JDA, however, resisted the contentions of the appellant and submitted that the area in question was included in the jurisdiction of the JDA vide SRO 388 dated August, 10, 1984 and since then it is being administered by the JDA and it was incumbent upon the appellant to have obtained permission from the JDA before commencement of the residential house.
It was further urged by Advocate Adarsh Sharma that since the construction was raised illegally without obtaining valid permission from BOCA as such notice under Section 7(1) was issued to the appellant to show cause as to why the construction may not be demolished. The notice was duly served upon the appellant and she did not respond to the notice as such the demolition order was issued.
The Special Tribunal, after going through the records of JDA, observed, “the notice under Section 7(1) was stated to have been served on October, 30, 2021 and the manner in which the notice was served, the particulars of the serving official and the person to whom it was served have not been mentioned in the endorsement and even it has not been recorded in the minutes of proceedings in the file”.
The Bench further observed, “the JDA has failed to establish the valid service of the show cause notice on the appellant which is a mandatory pre-condition for proceeding with statutory exercise against violation of the Building Bye-Laws”.
Accordingly, the Tribunal allowed the appeal filed by Mamta Singh on technical grounds for want of defect in the service of show cause notice issued under Section 7(1) of J&K Control of Building Operation Act, 1988 and accordingly set aside the impugned demolition order.
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