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| DB upholds JMC order on unauthorized demolition after 16 yrs of litigation | | | Early Times Reporter
Jammu | Mar 15
Division Bench of J&K High Court Jammu wing, comprising Chief Justice KS Radhakrishnan and First Puisne Judge Nisar Ahmed Kakru, in a significant judgment dismissed the appeal filed by the petitioner against the notice of JMC issued on February 25, 1992 for demolishing unauthorized construction raised by the petitioner in the prime locality of Janipur.
The petitioner challenged the same with the J&K Special Tribunal. The Tribunal came to the conclusion that by erecting the construction of the said unauthorized structure, the petitioner Farman Ali had violated the provisions of the Municipal Act, bye-laws, Town Planning Act, Master Plan and observed that there was no justification to allow the structure which was constructed in violation of law to stand and the appeal was dismissed the order passed by the JMC was upheld. Against this order appeal was filed before the Single Judge which was dismissed and against the judgment of the Single Judge the petitioner filed this appeal before the Division Bench.
Adv M. R. Qureshi along with Adv ZA Mughal appearing for the petitioner submitted that the Municipality was obliged to issue as many as three notices to the petitioner, on this Division Bench found that these questions were not raised before the Tribunal or even before the Single Judge. In the circumstances no fault can be found with the Tribunal not examining these issues. On the other hand Adv SS Nanda appearing for the JMC submitted that the construction was raised in 1992 unauthorizedly and further submitted that the contention that it was raised in 1947 was factually incorrect. In these circumstances, DB is of the view that the writ court in its extra ordinary writ jurisdiction would not be justified in setting aside the order passed by the Tribunal, the DB therefore, find no error in judgment of the Single Judge.
Adv M. R. Qureshi appearing for the appellant submitted that he be permitted to approach the Municipality with a representation and a direction may be given to JMC to consider the same. Expressing its no opinion the DB dismissed the appeal as it lacked merits. JNF |
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