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| Mamta Singh versus JDA: Case adjourned till Jan 24 | | | Early Times Report
Jammu, Jan 3: The much publicised appeal preferred by Mamta Singh W/o Dr. Nirmal Singh, former Deputy Chief Minister of J&K against the JDA’s demolition notice regarding the alleged illegal construction of a palatial house at village Ban, Nagrota was adjourned till January 24,2023 at the request of the Mamta Singh’s Counsel as the appearing counsel informed the Court that the arguing counsel in the matter was not available today.
It may be recalled that earlier the matter was adjourned on various hearings due to the non-availability of the Bench-II at J&K Special Tribunal, Jammu as the Presiding Judicial Member of the Bench had been elevated as the Additional Judge of the High Court of J&K and Ladakh (Justice Rajesh Sekhri) and today the case was adjourned for want of the Arguing Counsel of the Appellant Mamta Singh W/o Dr. Nirmal Singh (Ex.-Dy. CM, J&K).
The matter was being heard by the Bench-II of the J&K Special Tribunal, Jammu headed by new incumbent Presiding Officer Sh. Rajiv Gupta, Member (J). Advocate Rahul Sadotra appearing for the Appellant Mamta Singh sought adjournment and time to advance final arguments in the matter stating that the Arguing Counsel Senior Advocate R. K. Gupta was not available today, whereas Advocate Adarsh Sharma appeared for JDA in the matter.
It may be reminded that Dr. Nirmal Singh and his wife Mamta Singh were issued a Notice under section 7(3) of the Control of Building Operations Act,1988 for raising construction of a Palatial House at village Ban,Nagrota without seeking prior permission from Jammu Development Authority.
The JDA initially did not act against the high profile former Deputy Chief Minister and later, on an RTI application filed by the whistle-blower Advocate Muzzaffar Ali Shah, the Jammu Development Authority disclosed that despite being informed about the alleged illegal construction from the Khilafwarzi Wing, JDA did not proceed against the high profile violators.
Subsequently, on the complaint of whistle-blower Advocate Muzzaffar Ali Shah, the JDA issued a demolition notice to the former Deputy Chief Minister Dr. Nirmal Singh and his wife Mamta Singh directing them to remove the illegal construction on their own within five days failing which the JDA’s Khilafwarzi Wing would remove the violations.
Against the said demolition notice, Mamta Singh had filed a statutory appeal before the J&K Special Tribunal and the Special Tribunal while taking cognizance of the appeal 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 appeal merits to be dismissed.
The matter was fixed for final arguments and was adjourned on previous dates of hearing due to non-availability of the Bench, however, the incumbent Presiding Officer of the Bench-II, Sh. Rajiv Gupta has joined the J&K Special Tribunal, Jammu on being transferred recently by the High Court of J&K and Ladakh. JNF |
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