Special Tribunal orders status-quo

JDA issues fresh demolition notice to wife of ex-DyCM

Excelsior Correspondent

JAMMU, Aug 25: J&K Special Tribunal has ordered status quo after the Jammu Development Authority (JDA) issued fresh notice to Mamta Singh, wife of Dr Nirmal Singh, former Deputy Chief Minister of J&K, directing her to demolish the unauthorized construction of the palatial house situated at village Ban (Nagrota).
After hearing Senior Advocate R K Gupta with Advocate Akshay Sadhotra appearing for appellant Mamta Singh and Advocate Anchit H Sharma (Standing Counsel JDA) along with Chakshu Sawhney (Legal Assistant JDA), a Bench headed by Member-III observed, “the senior counsel has contended that Mamta Singh has acquired the land measuring 04 Kanals comprising in Khasra No.441 min, Khata No.534 min, Khewat No.80 situated at Revenue Village Ban, Tehsil Nagrota by virtue of Sale Deed dated 20.05.2014”.
It was further contended that the land at Village Ban was outside the jurisdiction of any Development Authority and the appellant Mamta Singh raised the house before the beginning of the year 2017. It was also pointed out that during the entire period of construction and thereafter there was no complaint by any Development Authority and rightly so as the same had already been constructed prior to coming into force of Jammu Master Plan, 2032 notified vide SRO-90 of 2017 dated March 3, 2017.
On the other hand, Advocate Anchit H Sharma vehemently argued that appellant Mamta Singh constructed the building without seeking any permission from JDA which is in contravention of Building Bye-Laws and Jammu Master Plan 2032. He further submitted that area in question is a Green Zone and as such the violation is ‘ major’ in nature and the appeal filed by Mamta Singh is not maintainable.
After considering the heated arguments from both the sides, the J&K Special Tribunal directed the appellant Mamta Singh to produce the record in support of her claim along with geo-tagged photographs of construction in question by or before the next date of hearing. The Special Tribunal, in the meanwhile, directed the parties to maintain status quo on spot till the next date of hearing—17.10.2023.