Like our Facebook Page

Early Times Newspaper Jammu, Leading Newspaper Jammu
Breaking News :   Social worker visits outskirts GMC Jammu | Comm Secy inaugurates Stone Art Exhibition at Srinagar | District Level Seminar on Credit linked Agriculture schemes held | Samba Administration adopts Zero tolerance policy against illegal mining | D&FCO organises mega awareness program to promote fight against drug abuse | In a first, Yasha Mudgal inaugurates Nescafe outlet at Super Bazar | Bankers' Seminar held at Kathua under Kissan Sampark Abhiyan to promote HADP | Secretary Planning visits Kulgam; Reviews development scenario | DC reviews progress of Jal Jeevan Mission schemes | Pak journalist dubs Abdullahs, Muftis, PoK leaders ‘beneficiaries of Kashmir industry’ | After MP’s complaint, Budgam police officer faces ‘Hafta’ charges | Cong infighting reaches court: Ex-minister files defamation case against party leader | ISIS, Al-Qaeda Kashmir links another challenge for security agencies | Canal near Shastri Nagar turns into garbage dumping site | Joint security conference discusses forthcoming Amarnath Yatra | PM Modi strengthened India’s position: Rajanth Singh | Justice Vinod Chatterji Koul visits proposed site for construction of new court complex | Vice Chairperson KVIB interacts with artisans | DDC chairman inspects macadamisation work on Kakanmaran-Gariend-Budgam road | Natrang organizes summer theatre camp | Compromised governance and patronized corruption have led to people alienation in J&K: Harsh Dev | DC presides over District Level Bankers Credit seminar | Kishtwar police conducted searches at house of active Hizb militant carried 10 lakh bounty | DC chairs district level bankers seminar | Shaleen Kabra flags off mobile veterinary Unit | Cultural unit of DIPR organises Mehfil e Sama on Yaum e Shamas Faqeer | Gandhi Memorial College, organizes annual cycle race for boys | DCDRC solves 8 years old case of complainant | Pinegrove school girl to join NDA | Sunrise Public School organizes summer camp | NYK Jammu organizes District Level Yuva Utsav | Dewan Devi celebrates fruit day | Kawa College of Education organizes Fresher cum Farewell party | Shiksha Niketan organizes session on spiritualism | Humanity Public School, shines with 100% result | India records 89.5 million digital transactions, tops world ranking | Sardar Beant Singh state University offers different courses | Director Information J&K reviews functioning of District Information Centres | HC issues Contempt Notice to Commr/ Secy Revenue, Tehsildar Doda; directs to file compliance report | Deaf & Dumb students excelled in 12th class | Hizbul terrorist's house searched in Kishtwar | DC Jammu reviews arrangements for SANJY '23 | Dy Commissioner holds DLCIC meeting | CJ visits court complex Charar-e-Sharef, pays obeisance at shrine of Sheikh ul Aalam | Civil work on Jammu Artificial Lake to complete by Oct-Nov: Official | Two fraudsters arrested with 440 fake gold biscuits | Power shut down in several areas | VP to attend JU convocation on June 22 | VC BGSBU orders promotion of 80 teachers | Omar Abdullah hints at staying away from grand alliance against BJP in 2024 LS polls | On Birsa Munda’s Anniversary Madhya Pradesh Congress Leader Says Lord Hanuman Was ‘Adivasi’ | Back Issues  
news details
HC quashes FIR against then CEO JMC, others
8/2/2022 11:02:45 PM

Early Times Report

JAMMU, Aug 2: Justice Javed Iqbal Wani of Jammu & Kashmir High Court quashed an FIR registered by Vigilance Organziation Jammu (now ACB) against Rajesh Gupta, CEO, Madan Lal, AEO, Kuldeep Kumar, EI of Municipal Corporation Jammu & beneficiary.
The case put by petitioners is that they are officials of Jammu Municipal Corporation, Jammu (hereinafter for the sake of brevity is referred to as “JMC”) and petitioner 1 is working as Chief Enforcement Officer whereas petitioner 2 is working as Assistant Enforcement Officer and petitioner 3 is working as Enforcement Officer.
It is maintained by petitioners that all of them have to their credit unblemished long service career as well as service records and not even a single complaint was ever reported against them.
It is being stated that petitioners, while performing their official duties, have taken all stringent measures against all the persons who were involved in raising construction of their buildings in violation of the building permission granted under the Act of 1988, and being field staff, it is because of active surveillance and inspections made by petitioners that violations committed by various persons while raising constructions in breach of sanctioned building plans, were unearthed and proceedings against them were initiated by JMC.
It is stated that while performing his duties, petitioner 3 on 18th June 2014 observed that one Manju Gupta R/o Plot number 341 Bakshi Nagar, Jammu, started the unauthorized construction of ground floor and on demand, no building permission was shown on spot, and accordingly, on the report of petitioner no.3, petitioner no.1, in exercise of powers vested in him under Section 12 (1) of the J&K Control of Building Operation Act, 1988, issued notice no.JMC/CEO/197/2/2014 dated 18th June 2014, calling upon the said defaulter to discontinue operation of unauthorized construction from the date of service of the said notice, failing which action required under law would be taken against her.
In reply to the notice, Manju submitted reply on 20th June 2014, in which she stated that site plan was duly approved and construction was being raised as per approved site plan. Thereafter, Khilafwarzi Inspector in-charge of the area concerned, carried out inspection of the construction, being raised by Manju and observed major violations committed by the said lady while raising construction and accordingly provisions of Section 7 (1) of Act of 1988 were invoked and notice dated 26th August 2014 was issued to defaulter requiring her to show cause within a period of 48 hours from the date of service of notice as to why Khilafwari/violation should not be demolished, which was followed by another notice under Section 7(3) of the Act of 1988, calling upon defaulter to show cause as to why khilafwarzi/violations should not be demolished.
A statutory appeal was preferred by Manju before the J&K Special Tribunal, Jammu (for brevity “Tribunal”) in which vide order dated 27th November 2015 read with order dated 17th December 2015 unauthorized structure of 1778 sft @ 30 per sft for being used for residential purpose, was regularized by the Tribunal.
It is being averred that on the basis of some complaint made in the year 2013, respondent took cognizance of complaint and carried out preliminary enquiry in the entire case in which pursuant to various letters/ communications, all the relevant records/documents were duly provided to respondent and on the basis of these documents and reply furnished by JMC, the respondent became fully satisfied that allegations levelled against petitioners in the complaint, so received, were vexatious and petitioners were given to understand that no case was made out.
Justice Javed observed that facts emerging from the record indisputably tends to show, as already discussed herein before as well, that petitioners have acted within their bounds and have not indulged in any act that would attract provisions of Sections 5 (1) (d) or Section 5 (2). In so far as offence of criminal conspiracy is concerned, law is settled that there must have been an agreement between the persons, who are alleged to have conspired and that agreement should be either for doing an illegal act or for doing by illegal means. The court allowed the petition and quashed the FIR registered by VOJ.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
Early Times Android App
BSE Sensex
NSE Nifty
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
J&K Govt. Official website
Jammu Kashmir Tourism
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
Train Enquiry
Jammu Kashmir Bank
State Bank of India
Passport Department
Income Tax Department
IT Education
Web Site Design Services
Jammu University
Jammu University Results
Kashmir University
IGNOU Jammu Center