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| HC stays FIR of ACB against builder in construction of flats | | | Early Times Report
JAMMU, Mar 3: Jammu & Kashmir High Court stayed the FIR against Shahid Buch in constructing commercial flats without seeking mandatory permission from Jammu Development Authority (JDA) in complete violation to then prevailing building bye-laws.
Justice Sanjay Dhar observed that subject to objections and till next date before the bench, proceedings in the impugned FIR to the extent of the petitioner shall remain stayed. The petitioner has challenged FIR 1/2022 for offences under Section 5(1)(d) read with 5(2) of the Prevention of Corruption Act and Section 120-B of RPC registered with Anti Corruption Bureau, Jammu.
It is case of the petitioner that he has raised construction of flats on a land which at the relevant time was situated outside the jurisdiction of JDA. The construction was raised after obtaining requisite permission from the authorities under the Panchayati Raj Act. However, a notice was issued by JDA under the provisions of Section 7(3) of the Control of Building Operation Act against the petitioner which came to be challenged by him before the Jammu and Kashmir Special Tribunal. The notice was set aside by the Tribunal vide its order dated 24-9-2015 and the said order was challenged by the JDA by way of a writ petition bearing OWP No.282/2016. It is averred that the said writ petition has been dismissed in terms of order dated 30-3-2016.
Counsel for the petitioner submitted that there is no occasion for the respondent to register the FIR against the petitioner by alleging that the petitioner has, in league with officers and officials of JDA constructed the flats. Justice Dhar after hearing counsel for the petitioner and having perused the material available on record, a case for grant of interim indulgence is made out and issue notice to the respondent. Raman Sharma, AAG accepted notice on behalf of the respondents. He may file his response by or before the next date of hearing. In the meanwhile, subject to objections and till next date before the bench, proceedings in the impugned FIR to the extent of the petitioner shall remain stayed. |
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