Excelsior Correspondent
JAMMU, Jan 25: The hearing of final arguments in the appeal filed 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 Patiala house at village Ban in Nagrota was deferred today as the appellant’s Counsel filed a fresh Miscellaneous Application regarding applicability of ‘Jammu & Kashmir Unified Building Bye-Laws-2021’ to the case.
The Presiding Officer of the J&K Special Tribunal Rajiv Gupta (Judicial Member) has directed the JDA’s Counsel Advocate Adarsh Sharma to file the objections to the Miscellaneous Application by or before the next date of hearing i.e. February 7, 2023 besides providing advance copy of the objections to the appellant’s counsel so that the arguments on the maintainability of the application can be heard on the next date of hearing.
It may be recalled that on the last date of hearing, the final arguments could not be heard as the matter was adjourned on the ground that the Arguing Counsel in the matter was not available for advancing the arguments on behalf of the appellant. Even earlier also, the matter was adjourned on various hearings due to the non-availability of the Bench-II at J&K Special Tribunal, Jammu.
The matter is now being heard by the Bench-II of the J&K Special Tribunal, Jammu headed by new incumbent Presiding Officer Rajiv Gupta, Member (J). Advocate Rahul Sadotra appearing for the Appellant Mamta Singh has filed the Miscellaneous Application whereas Advocate Adarsh Sharma appearing for the JDA was directed by the Tribunal to file objections to the application by or before the next date of hearing.
It may be recalled that Dr Nirmal Kumar Singh and his wife Mamta Singh were issued a demolition notice for raising construction of a palatial house at village Ban, Nagrota without seeking prior permission from Jammu Development Authority. Against the said demolition notice, Mamta Singh had filed an appeal before the J&K Special Tribunal, Jammu, which 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 ‘Major Violation’ and appealed merits to be dismissed. The matter has now been fixed for arguments on the maintainability of the application filed by the appellant Mamta Singh.