Excelsior Correspondent
JAMMU, Apr 18: J&K Special Tribunal today dismissed the application for impleadment filed by whistleblower Advocate Muzaffar Ali Shah in a case related to an order for demolition of the house of former Deputy Chief Minister Nirmal Singh here.
While dismissing the application, the Tribunal headed by member (Judicial) Rajesh Sekhri relied upon the several judgments of the Apex Court as well as different High Courts, observing “… a person cannot be allowed to intervene in a case merely because he is a complainant and the prescribed authority initiated action on his complaint only.”
Sekhri said the subject matter of the appeal on hand is a notice issued by Jammu Development Authority to the appellant and the issue is whether it is justified or not.
“It is for the respondent JDA to defend the notice on the basis of material on record,” the tribunal said. Advocate Shah had sought his impleadment as party respondent in the appeal filed by Nirmal Singh’s wife against the order of demolition issued by the JDA in November, last year.
The JDA has served the notice to the BJP leader asking him to demolish his palatial bungalow near the Army’s ammunition sub-depot in Ban village of Nagrota. The tribunal had earlier ordered that the impugned order dated November 8, 2021, shall remain in abeyance and parties were directed to maintain status-quo on spot.
The JDA had issued the demolition order only after the matter came into public domain through an RTI Information obtained by Shah.
The JDA has already filed a detailed reply to the appeal as well as application for stay, terming the construction as “major violation” as no building permission was sought from the JDA.
The Tribunal fixed the main appeal for final hearing on June 9.
Follow our WhatsApp channel
