Excelsior Correspondent
JAMMU, Nov 19: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Mohd Yaqoob Mir has directed the Jammu Municipal Corporation to demolish a big hall constructed by the Floriculture Department within 15 days.
This direction was passed in a Public Interest Litigation (PIL) filed by Raj Gopal Sharma submitting that Director Floriculture Department has constructed a pacca structure in Green Belt Park, Gandhi Nagar without getting any approval from Building Operation Controlling Authority (BOCA).
It was also submitted in the petition that Municipal Commissioner and Municipal Corporation woke up only after the notice in the instant petition was served on May 25, 2012 under Section 7(1) of the J&K State Control of Building Operation Act, 1988 asking the respondents to showcase within 48 hours as to why the structure raised in violation of Master Plan be not demolished.
On the same date, one more notice under Section 12(1) of the COBO Act was issued where under Director Floriculture was asked to discontinue the un-authorized construction. Finally, on July 12, 2012, one more notice was issued by Joint Commissioner (A), Municipal Corporation Jammu in exercise of powers conferred under Section 7(3) COBO Act, directing demolition of construction/ violation within five days.
After hearing Advocate Parag Sharma for the PIL whereas Senior Additional Advocate General with Deputy AAG for the State respondents whereas Advocate S S Nanda for JMC, Division Bench observed, “dwellings except of watch and ward personnel are prohibited. For watch and ward personnel dwellings, maximum covered area is limited to 32 square metre. It does not provide for construction of structure under any style, be it ‘Flower Preservation Centre’ or any other Centre”.
“In prohibition clause, it is further mentioned that all other uses not specifically permitted are prohibited. So construction of hall or structure under the style ‘Flower Preservation Centre’ is totally prohibited”, the DB said, adding “it is not explained as to why the Municipal Authority had not taken action for stopping construction when the petitioner had represented in the month of March 2012”.
“If the Municipal Corporation would have swung into action in time construction of the structure at its initial stage would have been stopped and structure utilizing 62 square metre would not have come up”, the DB said, adding “in the objections the respondents particularly Director Floriculture has stated that the building has already been constructed and lot of expenditure has been incurred. However, in view of the Development Controls and Zoning Regulations construction was totally prohibited. There would be no occasion for Director Floriculture to seek permission or to have resort to any other mode for regularization of the violation”.
“The dwellings of watch and ward personnel for maximum covered area of 32 square meter does not fall within the prohibition therefore if Director chooses to maintain and restrict construction to the extent of 32 square meter, the same shall be allowed and remaining structure shall be demolished as being in violation to the approved Master Plan”, the DB said, adding “in case Director shows any type of slackness in restricting the existence of structure up to 32 square meter then in that eventuality Municipal Corporation shall ensure demolition of structure within fifteen days”.
“The Authority and officials of the Municipal Corporation are expected to be very careful in future. If they would have discharged their duties by stopping the construction at its very inception, there could be no wastage of time, money and hectic litigation process”, the DB remarked.
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