Alleged illegal construction at Chowadi
Excelsior Correspondent
JAMMU, Dec 23: Taking serious note of violation of Master Plan, High Court has directed Divisional Commissioner to ensure that the illegal construction in Chowadi area is sealed and handed over to the Tehsildar concerned after preparing the inventory.
The direction has been passed in a petition filed by Sidhdev Singh and another, who submitted that they own a plot of land measuring 1 kanal and 4 marlas under Khasra No. 929 situated at Chowadi.
Adjacent to this plot, the respondent has constructed two shops in disregard of the rules and in detriment to the rights of the petitioners. Moreover, the construction is stated to be in complete violation of the Master Plan and the zonal bye-laws as also being without permission from the competent authority.
Taking cognizance of the matter, the Building Operation Controlling Authority and the Jammu Development Authority had even proceeded to demolish the structure which later on became the subject matter of appeal before the J&K Special Tribunal preferred by the respondent.
After hearing counsel for the petitions, Justice Ali Mohammad Magrey observed, “going by the pleadings the respondent appears to have put all the rules and the laws to the wind and has undertaken the illegal construction”.
“Time and again the court has reminded all and sundry to desist from the illegal activities or else the law will take its own course as it is not an individual or the authority that is supreme to law but it is certainly the law that is supreme to all”, Justice Magrey said, adding “for upholding the majesty of law, the court deems it appropriate to take certain measures in the present case before the subject of writ petition is addressed on its merits”.
“While issuing notice to the other side, the registry shall call for the records of the JDA pertaining to the subject and the records of the J&K Special Tribunal”, the High Court said and directed Divisional Commissioner to ensure that the structure in question is sealed and put on Superdnama and handed over to the Tehsildar concerned after preparing the inventory of the properly in question.
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