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Special Tribunal fixes impleadment application of whistleblower for arguments
Controversial palatial bungalow of Ex Dy CM at Ban-Nagrota
2/7/2022 10:52:04 PM
Early Times Report
JAMMU, Feb 7: In yet another significant development, Member (Judicial) Rajesh Sekhri of J&K Special Tribunal, Jammu has today directed the listing of case of Mamta Singh W/o Dr. Nirmal Singh, former Deputy Chief Minister, J&K for hearing of arguments in the application for impleadment moved by Advocate Muzzaffar Ali Shah on whose RTI exposure the JDA had issued demolition notice to Dr. Nirmal Singh and his wife Mamta Singh for raising the alleged unauthorised construction of a residential house at village Ban (Nagrota), Jammu.
The appellant and JDA filed their objections to the application seeking impleadment filed by Advocate Shah. It may be recalled that on the last date of hearing, both the appellant and JDA were granted last and final opportunity to file their objections to the impleadment application moved by Advocate Shah seeking his impleadment as party respondent in the appeal filed against the order of demolition issued by the JDA against Dr. Nirmal and his wife.
As the matter came up for hearing today Advocate Jugal Kishore Gupta along with Advocate Rahul Sadhotra appearing for the appellant submitted that he has filed the objections to the application for impleadment today itself through virtual mode. The court enquired from the counsel appearing for the JDA as to whether JDA has also filed its objections to the application today, upon which the counsel for JDA also responded that the objections have been filed by the JDA also through virtual mode.
Advocate Shah apprised the tribunal that on the last date of hearing, counsel for the JDA had submitted before the bench that he shall produce the complete record of the case on this date and sought to enquire whether complete record has been placed before the court or not. The counsel for the JDA submitted that he does not want to produce any record now and the record already placed before the court is complete in all respects.
After considering the rival contentions of the parties, the J&K Special Tribunal took on record the objections filed by JDA and the appellant and further directed the registry to list the matter on February 17th, 2022 for hearing the arguments in the Impleadment Application. The court has extended the stay on demolition till February 17th, 2022.
It is worthwhile to mention herein that the JDA on November 8th, 2021 had issued final demolition notice under section 7 (3) of the Building Control Operations Act, 1988 directing Dr. Nirmal and his wife Mamta to demolish the alleged unauthorised construction raised at Ban (Panjgrain), Nagrota on their own within five days failing which the enforcement wing of the JDA would carry on demolition of the alleged unauthorised construction. However, Mamta filed an appeal against the demolition order and obtained interim relief from J&K Special Tribunal, Jammu whereby the demolition had been stayed.
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