Rather’s ‘Paradise Avenue’ at Narwal sealed for flouting HC’s directions

*Entire building kept under control of police
Mohinder Verma
JAMMU, Sept 16: In a major step towards checking illegal constructions in nullahs, the administration today sealed entire building of “Paradise Avenue” apartments owned by Hilal Rather, son of former Finance Minister, Abdul Rahim Rather for flouting the explicit directions of the State High Court.
Official sources told EXCELSIOR that the Division Bench of State High Court in Public Interest Litigation (PIL) titled Balbir Singh Versus State and Ors had in the month of September last year imposed ban on any kind of construction on the land, which has been recorded as khad in the revenue records.
The ban assumed significance especially in the aftermath of devastating flash floods of last year as illegal constructions in nullahs were found to be the primary reason for massive damages to the Government and private infrastructure by restricting free flow of the water.
Though some focus was laid on the implementation of the High Court order but in the process field agencies of the Revenue Department chose to maintain blind eye towards the big sharks due to the fear of being victimized at the hands of the influential persons, sources said.
This can be gauged from the fact that under-construction “Paradise Avenue” apartments owned by Hilal Rather, son of former Finance Minister, Abdul Rahim Rather, whose major portion is stated to be in the khad in Khasra No.260 in Narwal Bala area of Jammu was completely ignored by the field agencies of the Revenue Department despite ban imposed by High Court on constructions in Khads/nullahs.
Recently, Jammu district administration received reports about unhindered work on “Paradise Avenue” apartments in blatant violation of the High Court order and accordingly, a committee was constituted to conduct inspection and submit report for necessary action, sources informed, adding during detailed inspection the authenticity of the reports was established.
Today, Tehsildar Bahu implemented the directions of the High Court in the context of “Paradise Avenue”. The order of Tehsildar Bahu reads: “The work on Paradise Avenue at Narwal Bala under Khasra No. 260 has been stopped and the entire under construction building has been kept under the supervision of Incharge Police Post Narwal for ensuring that no further construction takes place”.
“The site incharge has been informed about this order with the direction to ensure that no more construction is carried out in the building”, the order further reads. The Incharge Police Post Narwal through an ASI and site incharge have also properly acknowledged the receipt of the order about sealing of the building.
“Though the owner of the Paradise Avenue is claiming that work was going on as per the building permission approved by the Jammu Municipal Corporation vide No.822/BS/ 2013 dated December 18, 2013, the same doesn’t stand valid anymore in the light of the ban on construction in nullah/khad imposed by the Division Bench of the State High Court in the month of September last year”, sources said.
Stating that Khasra No.260 in village Narwal Bala is recorded as Gair Mumkin Khad (water channel) in the Jamabandhi of 1956-57, sources said, “as per the revenue records of 1956, the maximum width of the Narwal Bala Khad was 800 feet (at highway) and minimum as 275 feet”, adding “at the place where the Paradise Avenue apartments are constructed, this nullah has the narrowest width, which establishes encroachment of water body”.
They further said that presently the width of the nullah at Paradise Avenue apartments has been reduced to only 8 feet. It was due to encroachment of the nullah and narrowest width at this particular spot that floods caused massive damage in the month of July this year.