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| Tribunal has power to compound minor violations: rules DB | | | Early Times Reporter
Jammu | Dec 3
Division Bench of J&K High Court, comprising Acting Chief Justice Nisar Ahmed Kakru and Justice Virender Singh, today in a LPA filed against the judgment of Single Judge, observed that Tribunal has the power to compound minor violations and not major ones.
While deciding the LPA filed by Romesh Chander and Ors Vs Special Tribunal and Ors, Division Bench, after hearing Adv RK Gupta appearing for the appellants and Adv SS Nanda appearing for the respondents, observed that the power of the compound major violations being wanting, the Tribunal had no option but to refuse compounding because of the admitted fact that the appellants are guilty of a major violation.
In the approved for reporting judgment written by Acting Chief Justice NA Kakru, the Division Bench further observed that in the absence of alleged violations in the pleadings, which prevented the DB from making any comment in respect of so- called analogy. Nevertheless, if it is factually correct that quite adjacent and around the appellant’s building that is the subject matter of this LPA, the constructions made without permission or in violation of building regulations, stand compounded it is a bad and unreasonable precedent, likely to encourage the violations to be determent of the planned development of the City, giving rise to the feeling that law can deal only with a few who lack access to the corridors of power and the authorities at the helm and is of no consequence in dealing with high-ups moneyed and highly influential people capable to manage compounding the violations and retain the illegal constructions. Such state of affairs if prevalent must be discouraged and violations done away with, of course, in accordance with law so that the impression, if any, contracted by the public that things can be managed in utter disregard to law is dispelled. With these observations, DB dismissed this LPA which was filed in the year 1999 along with connected CMPs, and vacated the interim directions passed from time to time. However, DB in the interests of justice granted two months time to the appellants to be reckoned for compliance of the judgment of the Tribunal. JNF |
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