Excelsior Correspondent
JAMMU, Dec 7: Observing that concerned authorities of the Municipal Corporation are allowing the violations of the Building Laws and Bye-Laws, High Court today directed that the erring officers and officials, who are found in league with the law breakers, should be dealt with sternly and appropriate disciplinary proceedings should be initiated against them.
The direction was passed by Justice Tashi Rabstan while dismissing the petition filed by Building Operation and Control Authority (BOCA) against compounding by the Special Tribunal.
“The authorities at the helm of affairs, who are aware of these violations by persons raising construction or officers/officials of Municipal Corporation responsible to check violations, are reminded of their duties in this regard”, Justice Rabstan said, adding “appropriate remedial measures should be taken to check the violations of bye laws in construction when these are committed instead of waiting for construction to come up finally”.
“At the same time, erring officers/officials, who are found in league with lawbreakers, should also be dealt with sternly and appropriate disciplinary proceedings should be initiated against them”, High Court directed.
In the petition, the BOCA challenged the order dated August 29, 2005 passed by the Jammu and Kashmir Special Tribunal whereby it directed compounding of violation in the construction.
According to the BOCA, on August 3, 2002, one Chain Singh without obtaining permission from the Municipal Corporation started construction of three rooms, kitchen, bathroom, to which a notice dated 03.08.2002 under Section 7(1) to show cause and notice dated 03.08.2002 under Section 12(1) of the Jammu and Kashmir Control of Building Act, 1988 to discontinue the construction, were served upon Chain Singh.
However, the respondent, unmindful of notices, did not stop the construction. Thereafter, notice dated 03.09.2002 was issued for demolition of the construction on the ground that non-adherence to the prescribed setbacks is a major violation as per the prescribed Building Bye Laws and Jammu and Kashmir Control of Building Regulations 1998.
Against the notices, Chain Singh preferred an appeal before the Tribunal, which vide its impugned order dated 29.08.2005 directed compounding of violation committed by Chain Singh.
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