Excelsior Correspondent
JAMMU, Mar 28: Taking serious note of non-implementation of order dated November 10, 2009 whereby directions were issued to JDA for demolishing the commercial complex in Roop Nagar Housing Colony, Division Bench of High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar today imposed cost of Rs 25000 on VC JDA and granted last opportunity to implement the directions.
The DB further said that Vice Chairman shall not debit the account of the JDA but pay the cost from personal pocket.
“Advocate SK Shukla appearing for the petitioners has brought to our notice that under the garb of order dated 26.12.2013, asking the JDA to follow the procedure provided by Sections 12 and 12-A of the Development Act, the other areas like greenbelt are also being converted into the commercial or residential use”, the DB observed, adding “it appears that the authorities of JDA are taking undue advantage of the leniency shown by this Court. It is appropriate to remind the JDA that in the order dated 10.11.2009, the structure in dispute was found to be wholly illegal and there were orders of its demolition”.
“This Court in the order dated 10.11.2009, however, allowed a period of two years to alter the plan by following the procedure prescribed in Chapter IV of the Development Act. If the process was not to be completed then demolition was to be delayed and the structure was to be kept under the lock and key till that time. However, on 26.12.2013, keeping in view that public money has been spent on raising the structure, we permitted three months time from the date of order—26.12.2013 for altering the plan and for following the procedure laid down in Chapter IV of the Development Act”, the DB said.
According to the status report, the respondents have taken first step in that direction only on 13.02.2014 and 14.02.2014 by publishing a notification in the newspapers, the DB said, adding “the period of two months has to expire on 15.04.2014. The slackness on the part of JDA shows that no serious efforts are being made and despite the fact that the order dated 26.12.2013 granted them three months from the date of order, the first step could be taken only on 14.02.2014 which explains the intentions of Jammu Development Authority”.
The DB granted last opportunity to them till 15.04.2014 and said, “this shall be subject to payment of cost of Rs 25,000 to be deposited by the Vice Chairman, JDA with the Registry of this Court to be disbursed to the Legal Services Authority”, adding “the Vice Chairman shall not debit the account of the JDA but shall pay the cost from personal pocket”.
By the next date, the details of the officers, who were at fault in raising the construction shall also be furnished so that order dated November 10, 2009 be complied with by asking those officers to deposit the amount of money which have been spent on the structure by causing loss to the public exchequer, the DB directed.
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