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| JK Cooperative Housing Corporation encroached land: JDA informs High Court | | River Castle Apartments at Tawi Vihar Sidhra | | EARLY TIMES REPORT
Jammu, Sept 12: Jammu Development Authority (JDA) has informed the High Court that J&K Cooperative Housing Corporation encroached JDA land and built flats on it.
In a writ petition a practising lawyer filed by Rajinder Singh Jamwal has alleged that a private builder Naresh Sabharwal of Horizon Construction, Gulmohar Park, New Delhi in league with J&K Cooperative Housing Corporation Ltd has constructed flats, "River Castle Apartments, Tawi Vihar, Sidhra, Jammu" on JDA land whereas building permission for construction of flats was obtained from JMC with regard to private land measuring 9 kanals 10 marlas comprised in khasra No.4 & 5.
"The flats situated at Sidhra Jammu were fraudulently raised on JDA land falling under Khasra No.3 min at village Sidhra," the writ petition stated.
The case has taken a new turn with Jammu Development Authority filing its reply pursuant to the notice issued by the Division Bench of the J&K High Court on the last date of hearing.
In the reply filed by the JDA through its Vice-Chairperson Babila Rakwal (KAS) it has been categorically stated that J&K Cooperative Housing Corporation Ltd has encroached upon the JDA land measuring 07 Kanals 05 Marlas bearing Khasra No.3/1 situated at Sidhra, Jammu on which River Castle Apartments have been raised and when the JDA came to know about the encroachment upon its land by the J&K Cooperative Housing Corporation Ltd it immediately swung into action and got its land demarcated by a team of Revenue Officers constituted by Deputy Commissioner, Jammu.
In the reply filed by JDA through Advocate Adarsh Sharma it is further stated that the team of revenue officers demarcated the land wherein it was specifically mentioned that land measuring 07 Kanals 05 Marlas belongs to JDA and has been encroached upon by the J&K Cooperative Housing Corporation.
The J&K Cooperative Housing Corporation thereafter approached the JDA with the offer either to have its land equivalent to the land encroached upon or it's ready to pay the market price of the land. The reply further says that before settling the issue with the JDA the J&K Cooperative Housing Corporation proceeded ahead with the construction work upon the land belonging to JDA and the JDA was left with no other option except to get the construction work stopped upon its own land till the matter is settled.
In the sensational reply the JDA has further stated that J&K Cooperative Housing Corporation filed writ petition (OWP No.1342/2012) wherein it prayed for quashing Notice No.JDA/DLM/HQA/462-64 dated September, 12, 2012 issued by Director Land Management JDA. The JDA filed objections to the said writ petition in the year 2014 and thereafter the Builder Horizon Construction through S Manjit Singh filed another writ petition bearing OWP No.1326/2014 and obtained ex-parte interim order whereby JDA was restrained from causing any obstruction in the construction work of River Castle Apartments, Tawi Vihar, Sidhra, Jammu and the High Court further observed that the construction shall be at the risk and cost of the Builder and shall remain subject to the outcome of the petition.
It is worthwhile to mention herein that a Division Bench of the J&K High Court comprising Chief Justice Gita Mittal and Justice Vinod Chatterji Koul after hearing petitioner in person had issued notices to Enforcement Directorate (ED) Govt of India, Anti-Corruption Bureau (ACB) J&K, Comm/Secy to Govt of J&K (Revenue Department), VC JDA, V K Magoo ex-chairman J&K Housing Cooperative Society Ltd. Jammu, Managing Director J&K Cooperative Housing Corporation Ltd. Jammu, Naresh Sabarwal S/o R K Sabarwal R/o Trikuta Nagar Jammu (Builder) and Horizon Construction C-36, Gulmohar Park, New Delhi requiring all of them to file their replies within 10 days of the receipt of the notice.
The Jammu Development Authority in response to the notice issued has filed its reply wherein the JDA has stated that River Castle Apartments, Tawi Vihar, Sidhra, Jammu have been constructed by J&K Cooperative Housing Corporation Ltd. through Builder Horizon Construction after encroaching JDA land measuring 07 Kanals 05 Marlas comprised in Khasra No.3/1 situated at Village Sidhra, Jammu. JNF |
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