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| Court directions for demolition of structure near CM residence | | | Early Times Report
Jammu, Jan O5- While dismissing the appeal filed by Raman Jain against the order passed by Special Tribunal on Febryuary17, 2005 directing JMC to effect demolition of unauthorized construction near CM’s residence here, Justice Nirmal Singh of J&K High Court Jammu Wing has upheld the decision of the Tribunal and directed Jammu Municipal Corporation to take action in accordance with law.
After having Adv LK Sharma appearing for the private respondent and Adv SS Nanda appearing for the JMC, Justice Singh observed that in the present case the petitioner has raised construction without permission of JMC that too without the consent of the owners of the property. The first floor of the building over which construction has been raised was not leased out by the owners to the petitioner. Petitioner has taken on rent only the ground floor. Therefore, the Tribunal after having gone through the record and hearing the counsels for the parties has rightly dismissed the appeal of the petitioner with the order whereby the JMC was directed to effect demolition. Even otherwise construction, if any, could be raised by the owners only with the permission of the JMC and the petitioner has not right to raise any such construction without consent of the owners of the property and that too without proper sanction from JMC.
The facts of the case are that on July 17, 1999 a notice was issued to the petitioner by JMC whereby the petitioner was asked to show cause within a period of three days as to why Khilafwarzi shall not be demolished. As the petitioner did not show cause notice within specified period, second notice came to be issued on July 28, 1999 u/s 229 (3) whereby the petitioner was asked to demolish the unauthorized construction mentioned in the notice within seven days from the date of its receipt. Aggrieved of the said notice, the petitioner filed an appeal before J&K Special Tribunal challenging the notice. The Tribunal passed order on February 17, 2005 directing JMC to effect demolition as per the notice, which was challenged by the petitioner.
In the objections filed by the private respondent it is stated that the petitioner is neither the owner nor holds lessee of the property. It is stated that petitioner had taken on lease a big hall on the ground floor from the private respondent on rent basis @ 42000 per year for 15 years in February 26, 1966 and after the expiry of the period, the lease was not extended. The petitioner after raising construction of the first floor stopped paying the rent to the private respondents for which ejectment suit has been filed which is pending before the Trial Court.
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