Excelsior Correspondent
JAMMU, May 29: Member Special Tribunal Jammu Asif Hamid Khan has imposed Rs 5 lakh penalty on Trinetar Hotel at Patnitop for reaping rich harvests for more than a decade on the basis of a building permission obtained by fraudulent means.
The controversy in appeal preferred under Section 13 of J&K Control of Building Operation Act, 1988 revolves around construction of Hotel Trinetar at Patnitop on a plot of land measuring two kanals comprising Khasra No. 112 situated at village Karlah.
The appellant claims to be the Attorney Holder of owner of the land and Proprietor of Hotel Trinetar Shakuntala Kotwal, wife of late Omkar Kotwal of F-1808, Rathore Street, Shastri Nagar Jammu by virtue of Power of Attorney executed on 6th June, 2005 and another property situated at Shastri Nagar, Jammu. On 04.12.2020, respondent issued notice under Section 7 (1) of the J&K Control of Building Operations Act.
After hearing both the sides, Special Tribunal observed, “the matter assumes added significance as a dispute between the appellant and his immediate neighbors at Patnitop resulted in a number of litigations before the High Court being OWP No. 1124/2009 titled Inderjeet Kour V/s State of J&K through Chief Secretary & Ors, OWP No. 963/2012 titled Inderjeet Kour V/s State of J&K through Tourism Department & Ors and PIL No. 22/2018 titled Harcharan Singh V/s State of J&K & Ors”.
“On the other hand, appellant reaped rich harvests for more than a decade on the basis of a building permission obtained by fraudulent means. Appellant has also wasted judicial time of the court in a totally frivolous and dishonest litigation for more than three years”, the Tribunal said, adding “cost of Rs 5 lakh is therefore imposed on the appellant as penalty, which shall be deposited by him in the Advocates Welfare Fund within one month of the issuance of this order”.
“The issue involved in this appeal is directly or indirectly or substantially the same as in OWP No. 963/2012 titled Inderjeet Kour V/s State & Ors pending before the High Court. Therefore, this appeal can be disposed of by directing the respondent authority to conduct a thorough inquiry in the matter without being influenced by the observations made in this order”, the Tribunal said, adding “on the basis of outcome of such inquiry, which shall be completed within one month, the respondent authority shall initiate statutory proceedings afresh under Section 7 of the COBO Act, 1988”.
“Impugned demolition order being defective is accordingly set-aside. Liberty is however granted to the respondent authority to prevent unauthorized use of building in question under Bye Law No. 2.12 of the Jammu and Kashmir Unified Building Bye-Laws, 2011. This order is issued without prejudice to the outcome of investigations being conducted by the Anti-Corruption Bureau in Case FIR No. 32/2016 VOJ (Now ACB Doda) and/or the outcome of OWP No. 963/2012 titled Inderjeet Kour V/s State & Ors., and PIL No. 22/2018 titled Harcharan Singh V/s State & Ors., pending before the High Court”, the Tribunal said.
The Tribunal further directed the registry to return the record to Chief Executive Officer, Patnitop Development Authority along with copy of this order, which shall also be conveyed to the Chairperson, BOCA, Patnitop/Deputy Commissioner, Udhampur for information and necessary action in accordance with law in a time bound manner.
“The Registry shall separately bring this order to the notice of the Financial Commissioner, Revenue, J&K, Administrative Secretary, Revenue Department, Administrative Secretary, Tourism Department and Divisional Commissioner, Jammu for information”, read the order.
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