Excelsior Correspondent
JAMMU, Mar 18: In a Public Interest Litigation regarding construction of illegal buildings in the Jammu city Division Bench of State High Court comprising Justice Mohammad Yaqoob Mir and Justice BS Walia today restored the seized powers of Special Tribunal with the direction to the aggrieved persons to avail remedy within one week.
After hearing Senior Advocate RK Gupta (Court counsel), Advocate Vikram Sharma for the private respondents, Advocate S S Nanda for the JMC and Advocate Adarsh Sharma for the JDA, Division Bench observed, “it is really a matter of concern that when the authorities are in place why they are not taking strict action against such violations”.
“Why they are allowing constructions/structures to be built illegally and thereafter start process of issuing notices. To these illegalities, not only the concerned authority but their heads are also responsible and owe an explanation”, the DB said.
Division Bench, while referring to the detail of cases furnished by the Jammu Development Authority as well as Municipal Corporation, said, “these cases are pending before Tribunals or subordinate courts or where further action is to be taken by the concerned authority. They shall proceed strictly in accordance with law. In such cases the detail of the decision as shall be taken be submitted to this court by both Jammu Development Authority as well as Municipal Corporation Jammu”.
“The concerned forums/tribunal/courts shall proceed and deal with such matters including the pending matter and whenever any violation is noticed anywhere within the municipal limits of Jammu, report of violation along-with action taken report shall be submitted to this court”, DB directed, adding Municipal Corporation and Jammu Development Authority shall identify the officer/official in whose area violations have taken place.
“In case officer/official has not immediately initiated action against any type of violation in his area the higher authorities respectively shall proceed against the violator/violations and initiate disciplinary action”, the DB further directed, adding “the heads of these two departments shall make the officers/officials accountable, otherwise we may have no hesitation in holding that such authorities are encouraging the unauthorized constructions”.
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