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| Tribunal orders demolition of shopping complex | | | Early Times Reporter
Jammu | Feb 16
DK Kapoor, Judicial Member J&K Special Tribunal, Jammu in an appeal has directed Municipal Authority to demolish the unauthorizedly constructed shopping complex at Chowgan Fattu within one month and furnish the action taken report to the Tribunal.
Mr. Kapoor, after hearing Adv Sunil Sethi and Rakesh Sharma appears for the appellant and Advocates SS Nanda and KB Gupta appearing for the Municipal Corporation & Ors and also going through the documents, observed that the violations alleged by the respondents have neither been rebutted by the appellant nor has he succeeded to substantiate his case as such the appeal fails. The respondent (JMC) shall demolish the five shops at ground floor and five shops at first floor raised by the appellant unauthorizedly by covering 1386 SFT area at the ground floor against permitted 1236 Sft thereby covering 100% of the plot area whereas the permissible limit as per prescribed building bye-laws and sanctioned plan is 70% of the plot area.
Mr. Kapoor further observed that appellant, besides encroaching the Municipal Lane of dimension 7.6 feet and 12 ft, has also constructed 4 ft wide balcony projection hanging over on three sides of the land and has also increased the construction at roof terrace. The respondents have also established that the land use of this pocket is earmarked as residential but the appellant has constructed ten shops in the already congested Mohalla of old city thus creating acute congestion and also restraining the already existing infrastructure like roads, water-supply, electricity, traffic congestion, nuisance and pollution etc in the said pocket. None of these violations can be termed as offence of minor nature that may be taken for compounding. The respondent shall proceed to demolish the above said violations committed by the appellant in his building at Fattu-Chowgan and execute the demolition work within one month from the date of this order with intimation to this Tribunal of the action taken. JNF
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