Former Deputy Chief Minister of the erstwhile state of J&K and senior BJP leader Dr. Nirmal Singh heaved a sigh of relief as the J&K Special Tribunal has set aside notice issued by the Jammu Development Authority (JDA) regarding the demolition of his palatial bungalow at Nagrota on the Jammu-Srinagar national highway.
In a significant order, J&K Special Tribunal, Jammu presided by Member Judicial Rajeev Gupta has allowed the appeal filed by Mamta Singh wife of Dr. Nirmal Kumar Singh against the demolition notice.
While setting aside the impugned demolition notice on technical grounds, the Presiding Officer observed and 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.
Advocating 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 Byelaws.
It was further urged that the manner of the service of notice is prescribed in Section 7(2) of J&K Control of Building Operations Act, 1988. In this regard, the appellant relied upon a Judgment of the Division Bench of J&K High Court titled BOCA v/s Koushalya Devi and Others wherein it was held by the Division Bench that when it is disputed then it has to be proved that the notice was served in presence of an independent witness.
The Special Tribunal after going through the records of JDA observed that 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.
Nirmal Singh was asked to demolish the illegally constructed palatial bungalow
The Jammu Development Authority (JDA) on November 8, 2021, served a notice to Dr. Nirmal Kumar Singh asking him to demolish his illegally constructed palatial house on the outskirts of the city within five days.
The house has been constructed at village Ban in Nagrota area in Jammu.
As per order vide no JDA/BOCA/A/1271-76 dated 8-11-2021, JDA issued an order of demolition in terms of section 7(3) of control of Building operation Act, 1988 to Dr. Nirmal Kumar Singh and his wife Mamta Singh.
Singh and his family had moved into the palatial house near the Army's ammunition sub-depot on July 23, 2021, even though the High Court had in May 2018 directed the authorities to ensure "strict implementation" of a 2015 notification barring the general public from carrying out any construction within 1,000 yards of defense works.
Singh's wife approached Court against the demolition notice
Against the said demolition notice, Mamta Singh filed a statutory appeal before the J&K Special Tribunal, and the Special Tribunal while taking cognizance of the appeal stayed the operation of the demolition notice. The stay has been extended from time to time and in the meantime, the JDA has filed its response stating that it's a case of "violation" and the appeal merits to be dismissed.
An advocate of Dr. Nirmal Singh submitted that the former Deputy Chief Minister is the owner in possession of a residential plot measuring 04 Kanals comprising Khasra No. 441 Min, Khata No. 534 Min, Khewat No. situated at Revenue village Ban, which was purchased by him vide Sale Deed dated 20.05.2014 and the area where the land is situated, being outside the jurisdiction of any development authority, the appellant raised the construction of a house and the structure of the house was completed in all respects at the beginning of the year 2017.
