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| Special Tribunal directs appellant to voluntarily remove super structures | | ‘Appellant a chronic violator’ | | Early Times Reporter
Jammu | Feb 6
DK Kapoor, Judicial Member of J&K Special Tribunal, Jammu, has directed Ram Lal r/o Bohri, opposite Poonch House Jammu to voluntarily remove the super structure of shops, Dairy Farm and Balconies hanging over the road. These super structures built in the area of 2350 SFT, 752 SFT and 210 SFT are in gross violation of the municipal laws and these violations are not compoundable under the J&K Municipal (Unauthorized constructions) Rules.
There is no substance in the appeal as such it is dismissed with the direction to Municipal authorities that they may grant sufficient time not more than one month, to the appellant to voluntarily remove the super structure, failing which they may proceed in terms of rule 73 (3) of COBO Act.
After hearing both the sides and going through the appeal filed by the appellant against the final notice issued by the municipal authority, the Tribunal observed that "I am tempered to right that the appellant seems to be a chronic violator and past master in playing tricks and habitual of making unauthorized construction and then pleading clemency to compound the offence. The record is replete with the activities of mis-endeavors, which shows the modus operandi of the appellant in erecting such huge commercial complex (dairy farm and shops) and still plays hide & seek even with the highest Court of State. Although Court is not prejudiced by a number of cases of violation of Municipal Laws allegedly committed by him, but the record speak itself about his activities in which he is engaged. The earlier the evil is nipped in the bud the better it is, the Tribunal ruled. JNF |
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