The much-publicized appeal preferred by Mamta Singh, wife of Dr. Nirmal Singh, former Deputy Chief Minister of J&K, against the JDA's demolition notice regarding the alleged illegal construction of a palatial house at village Ban, Nagrota, was adjourned today for September 27, 2022, due to non-availability of the Bench-II at J&K Special Tribunal, Jammu.
The Presiding Judicial Member of the Bench Justice Rajesh Sekhri has been elevated as the Additional Judge of the High Court of J&K and Ladakh and today the case was simply adjourned for want of the Presiding Officer.
Dr. Nirmal Singh and his wife Mamta Singh were issued a Notice under section 7(3) of the Control of Building Operations Act,1988 for raising the construction of a Palatial House at village Ban, Nagrota without seeking prior permission from the Jammu Development Authority (JDA).
The JDA initially did not act against the high-profile former Deputy Chief Minister and later, on an RTI application filed by the whistle-blower Advocate Muzzaffar Ali Shah, the Jammu Development Authority (JDA) disclosed that despite being informed about the alleged illegal construction of the Khilafwarzi Wing, JDA did not proceed against the high profile violators.
Earlier Nirmal Singh was asked to demolish "illegally" built house
Amid the raging controversy, the Jammu Development Authority (JDA) on November 8, 2021, served a notice to Dr. Nirmal 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.
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 Singh and his wife Mamta Singh.
"If you fail to remove the illegal construction within the stipulated period the same shall be demolished by the enforcement wing of JDA and the cost of removal shall be recovered from you as arrears of land revenue," the notice further reads.
Singh and his family had moved into the palatial house near the Army's ammunition sub-depot on July 23 last year, 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 defence 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 in 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.
