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New turn in PIL regarding unauthorized construction raised by land mafia | DB issues notice to wife, son of petitioner | | Early Times Report Jammu, Apr 9 : In a much publicized Public Interest Litigation against alleged illegal construction by the Land Mafia Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar observed that the CD does not contain conversation between petitioner- Naresh Kumar Gupta and others. However, there are allegations against his wife. Rajni Gupta and son Anshu Gupta and issued notices to them to show cause as to why penal proceedings be not initiated against them under various provisions of law. Advocate Rakesh Sharma, accepted notice on behalf of the aforesaid two persons, namely, Rajni Gupta and Anshu Gupta and Division Bench directed him to file reply within two weeks. Division Bench further observed that AAG Seema Shekhar, has filed the status in pursuance of order dated 26.11.2013 on behalf of the Additional Secretary to Government Housing and Urban Development Department Dr. Ravi Shanker Sharma, pointing out that in pursuance of Clause D of Section 385 of the Jammu and Kashmir Municipal Corporation Act, 2000 with the prior approval by the Government dated 01.09.2011, the Jammu and Kashmir Municipal Corporation (Building) By-laws, 2011 were notified with immediate effect. There is no Clause D under Section 385 of the Act nor it is clear that where the By-Laws have been notified. Let clarification be filed and if some amendment is required in the notification then same be carried because it has been pointed out that Section has been wrongly quoted and it should be Section 389. During the course of arguments, it has also become clear that the Commissioner, Municipal Corporation is heading the committee constituted under the Control of Building Operation Act 1988 and he is also authority under the Municipal Corporation Act. Adv SS Nanda has pointed out that all actions are being taken under 1988 Act which would be applicable to the controversy in hand.(JNF) |
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