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| Special Tribunal orders demolition of Himani Guest House | | ‘Directs VO to register cases against MC, Revenue officials’ | | Early Times Reporter
Jammu | Feb 1
Judicial Member of J&K Special Tribunal Jammu Mr D K Kapoor today in a landmark judgment directed Municipal Authority Katra to make suitable arrangements with in one month and demolish the entire building of Himani Guest House Katra, if the appellants fail to do so themselves and furnish the action taken report to the Tribunal..
This landmark judgment was passed in an appeal filed by Satpal s/o Des Raj r/o Jhajjar-Kotli and other Vs Building Control Authority Katra against final notice served by the MC Katra on May 14, 2007 asking the appellants to demolish the building within five days from the date of service of notice. Aggrieved by this final notice Satpal and Others filed this appeal challenged the final notice on the ground that the notice is silent about the Khilafwarzi committed by the appellant.
The respondents alleged that applicants have unauthorizedly and without prior permission of municipal committee Katra, constructed a Hotel named Himani Guest House for commercial purpose which is against the permissible land use as the same is earmarked for residential purpose only.
Mr. Kapoor, after hearing both the sides and going through the record of the case observed that the agreement deed dated March 9, 2006 executed between Jugal Kishore and appellants is only a subterfuge to the illegal and unscrupulous Act of alienating state land and a ploy to wrest permission for erecting an unauthorized building on the state land. Jugal Kishore is shown as seller and the appellants’ purchaser, without any title in favour of Jugal Kishore. These people had grabbed the state land in that fashion without a wink in the eye of those who ought to watch the interests of the state. The documents is in fact clothed with all the stipulations of a sale deed where sale of Rs 11 lakhs passed on from the purchaser to the self-styled seller, it is only attested by a notary public. Though it is compulsorily register able deed, moreover, the deed of agreement to sell is only SHAM document/ transaction as the purposed vendor has no right or title in him which he agreed to transfer in favour of appellants and has been manufactured to defeat the soul and spirit of the ROSHNI Act J&K. With these observations, Tribunal dismissed the appeal with the direction to Municipal Authority Katra, to make suitable arrangement within one month and demolish the entire multistory building of Himani Guest House Katra if the appellants do not themselves do the same within this period, information of the action taken by the MC Katra shall be furnished to the Tribunal.
Mr. Kapoor further observed that one wonders how the officials of Municipality Katra were mute spectator to the rising of this three storey hotel in the residential area and that too on the state land and served notices only when the building was ready for the business. What made them not to raise any objection raises many eye-brows on the manner in which the municipal authorities conducted themselves in this case and may be in many other cases which have not to the fore. It is therefore directed that a copy of this order be sent to Commissioner Vigilance Organization who shall register a case and investigate into the conduct and affairs by the concerned municipal and revenue officers/ officials and ensure that the guilty are prosecuted. JNF |
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