Excelsior Correspondent
JAMMU, Dec 30: In a major development, the Jammu Municipal Corporation (JMC) has issued demolition notice to former Revenue Minister, Raman Bhalla under J&K Control of Building Operations Act.
However, the Special Tribunal has ordered status-quo with the direction to the former Minister not to carry out any further construction in violation of the order and provisions of Control of Building Operations Act.
The State High Court, in a writ petition filed by social activist, Prof S K Bhalla, had directed the Municipal Commissioner, Jammu to take action as warranted under law against the former Revenue Minister for the alleged major violations. Pursuant to this order of the High Court, the Jammu Municipal Corporation issued demolition notice to the former Revenue Minister on December 21, 2015.
Through the notice issued under Section 7(3) of J&K Control of Building Operations Act, 1988, the Jammu Municipal Corporation directed former Revenue Minister to demolish 1724 sq ft illegal construction at first floor and 1134 sq ft at ground floor of his house at Deeli within five days from the date of serving of the notice.
However, the former Revenue Minister filed an appeal before the J&K Special Tribunal, Jammu through Advocate Danish Bhat challenging the demolition notice issued by the Jammu Municipal Corporation.
After hearing Advocate Danish Bhat, Member Judicial, J&K Special Tribunal, Ramesh Kumar Wattal noticed with concern that Jammu Municipal Corporation was served notice but despite service none appeared on its behalf. After considering the submissions made by the counsel for appellant Raman Bhalla, the Member Judicial directed that status quo as on date with regard to nature and stage of construction be maintained on spot with further directions that no construction shall take place in violation of the order and provisions of Control of Building Operations Act.
“This order is liable to be varied, modified or cancelled on motion of the objections by the Jammu Municipal Corporation”, the Tribunal said and fixed the matter on January 19, 2016.
In the appeal, Raman Bhalla has submitted that JMC has no authority to demolish the structure in question for the very reason that it never objected to the construction and in fact supervised the same on daily basis and the construction was raised in accordance with the approved site plan.
It was further urged in the appeal that the construction was completed way back in the year 2013 as per sanctioned plan and no fresh construction has been undertaken.
It is worthwhile to mention here that Jammu Municipal Corporation was in deep slumber and it was only when Prof S K Bhalla filed a writ petition in the State High Court highlighting lackadaisical approach of JMC in not proceeding against the influential former Revenue Minister that demolition notice was issued that too on the directions of the High Court.
Prof Bhalla had relied upon a status report filed by State Vigilance Organization in the State High Court wherein it was disclosed that the former Revenue Minister has indulged in unauthorized construction by violating the approved plan—1724 sq ft illegal construction at first floor and 1134 sq ft at ground floor of his house at Deeli and despite violations no action was initiated against the former Minister by the JMC.
Further it was on a RTI disclosure that JMC confessed that no action has been taken against the former Revenue Minister for committing violations of the approved plan.
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