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| DB Vacates stay on operation of Banquet Halls | | | EARLY TIMES REPORT
JAMMU, Oct 15: Division Bench of Jammu & Kashmir High Court (Jammu Wing) comprising Chief Justice Dr. Aftab H Saikia and Justice Sunil Hali today vacated interim directions passed earlier on May 22, 2009 staying operation of unauthorized banquet halls within municipal limits of Jammu city.
The public interest petition filed by Puran Chand and ors alleged that most of the banquet halls were unauthorized and operated in residential areas thereby subjecting the people to inconvenience.
According to status report filed by the JMC, only four out of 89 halls were declared unauthorized. The status report did not mention the names of the owners of the authorized halls and in two cases the space meant for parking space was left blank. Some of the authorized halls are Chander Bhaga community hall Baghwati Nagar parking for 30 vehicles, Jambolachan Community Hall Mohalla Ustad, Ambedkar Community Hall situated Resham Ghar Colony. A Community Hall Janipur Housing Colony owned by JDA no space available for parking situated in residential declared authorized whereas 36 banquet halls constructed prior to inclusion of the area in JMC. Besides four community halls owned by JMC and JDA the other 85 private banquet halls declared unauthorized.
In the status report the Halls constructed by various communities in different areas namely Mahajan Bardari Bhawan Sabzi Mandi, Jain Bhawan Kali Jani, Khoranna Birdari Raj Tilak Road Jammu, Raj Pual Bhawan Amar Kashtriya Rajput Sabha meeting hall, Sher-a-Kashmir Bhawan Id-Gah Road NC Party Office, Brahaman Sabha, Dogra Saddar Sabha, Jain Bhawan Rani Park, Mahajan Hall Shalimar, Baba Balak Nath Digiana Rani Talab Temple Committee, Durga Palace Rampura Shastri Nagar Temple Committee, Janj Ghar Geeta Mandir Roulki Bakshi Nagar Jammu, Dewan Janj Ghar Sarwal Colony, Samriti Gurah Bakshi Nagar all 14 religious halls declared unauthorized.
According to the status report hotels using as banquet halls declared unauthorized are Regal and Crystal Banquet Hall Hotel Asia, Nishat Banquet Hall Hotel Jehlum Resort, Mangal Varsha Banquet Hall Hotel TRG, Banquet Hall Karanti Hotel, Pealrs and Jewel Crown Banquet Hall Hotel Ritz Manor at Channi Thanger, New Karan Hotel Bakshi Nagar Jammu, Royal Treats Hotel Hari Niwas at Manda, Nandni Resort Hotel Ashok at Manda, Banquet at KC Residency, Banquet at Hotel Fortune Reveria, Banquet at hotel Premier Residency Road, in these 11 hotels constructions of hotels before the inclusion of area into JMC.
Today Division Bench after hearing Advocate SK Anand and Advocate Amrish Kapoor appearing for the petitioners whereas Sr. Advocate DC Raina with assisted by Advocate Vikas Mangotra, Sr. Adv MK Bhardwaj assisted by Adv Ajay Abrol for the private respondents whereas Gagan Basotra AAG for the State, Advocate SS Nanda for the JMC, Advocates PN Raina, KS Johal, DS Chouhan appearing for the respondents, disposed this petition and vacated the interim directions passed earlier.
The Judgment written by Chief Justice Dr. Aftab H Saikia for the Division Bench observed that it is submitted in unison at the Bar that Master Plan of Jammu has already been amended by the Govt and accordingly, an amended provision has been notified by way of SRO 64. On careful perusal of said order, Division Bench of the consider view that all the Banquet Halls within the limits of Jammu Municipal Corporation shall be governed by SRO 64 and directed that the Banquet Halls shall comply and cooperate in the implementation of the said SRO and in its true letter and spirit. With these observations Division Bench disposed of this public interest petition along with all connected CMPs and also vacated the interim directions passed earlier. JNF
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