news details |
|
|
| DB grants last opportunity with Rs 25000 costs to VC JDA | | Alleged conversion of residential premises into Commercial at Roop Nagar Housing Colony | | Jammu, Mar 28 (JNF): In a significant order passed by a Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar has taken serious note of the non-implementation of order dated November 10, 2009 passed by then Division Bench, by virtue of the said judgment the Jammu Development Authority had been directed to demolish the commercial complex within two years that is by or before November 10, 2011. DB granted last opportunity to VC JDA with costs Rs 25000 for implementation of judgment.
Division Bench further said that the Vice Chairman shall not debit the account of the JDA but shall pay the costs from personal pocket.
Division Bench observed that the authorities of JDA are taking undue advantage of the lenience shown by this Court. It is appropriate to remind the JDA that in the order dated 10.11.2009, the structure in dispute which has been raised was found to be wholly illegal and there were orders of its demolition. This Court in the order dated 10.11.2009, however, allowed a period of two years to alter the plan by following the procedure prescribed in Chapter IV of the Development Act. If the aforesaid process was not to be completed then demolition was to be delayed and the structure was to be kept under the lock and key till that time. However, on 26.12.2013, keeping in view that public money has been spent on raising the structure, we permitted three months time from the date of order i.e 26.12.2013 for altering the plan and for following the procedure laid down in Chapter IV of the Development Act.
Division Bench further observed that according to the status report filed, the respondents have taken first step in that direction only on 13.02.2014 and 14.02.2014 by publishing a notification in news papers. The period of two months has to expire on 15.04.2014. The slackness on the part of JDA shows that no serious efforts are being made and despite the fact that the order dated 26.12.2013 granted them three months from the date of order, the first step could be taken only on 14.02.2014 which explains the intentions of Jammu Development Authority.
Division Bench grants last opportunity to them till 15.04.2014. However, the same shall be subject to payment of costs of Rs. 25,000/- to be deposited by the Vice Chairman, JDA with the Registry of this Court to be disbursed to the Legal Services Authority. The Vice Chairman shall not debit the account of the JDA but shall pay the costs from personal pocket.
Division Bench further said that by the next date, the details of the officers who are at fault in raising the construction shall also be furnished to the Court so that in case the orders are not complied with, the order dated November 10, 2009 passed by Division Bench of this Court be complied with by asking those officers to deposit the amount of money which have been spent on the structure by causing loss the public exchequer. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
