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news details
HC frames rules against CTO for making false statement
5/16/2023 10:30:34 PM
Early Times Report
JAMMU, May 16: Justice Javed Iqbal Wani of Jammu & Kashmir and Ladakh High Court directed Registry to to frame Rule against Sh. Jagdish Raj-Chief Town Planner, Jammu Development Authority to explain as to why he be not punished for having deliberately and intentionally made false and wrong statement at Bar before this Court.
This significant order has been passed in a petition filed by Sat Pal Sharma.
When the petition came-up for hearing, Justice Javed Iqbal Wani after hearing Adv Aditya Gupta appearing for the petitioner whereas Advocates Adarsh Sharma and Saching Dogra appearing for the JDA, observed that The instant matter has come up for consideration in terms of order dated 09.05.2023. The counsel for the respondents has produced both original as well as the revised site plan of Roop Nagar, Housing Colony, Janipur in compliance to the earlier orders passed by this Court. Both the original as well as the revised plans came to be examined by this Court and are retained on the record of the file for further consideration/examination.
It is pertinent and significant to note here that when the matter was being considered on previous date of hearing i.e. on 09.05.2023, the counsel for the respondents submitted that the original plan through available is torn, however, upon examination of the original plan today, the same was found to be intact and not teared.
Court observed that the aforesaid statement about the original plan being torn was made by the counsel at the instance of the Chief Town Planner, Jammu Development Authority who was present in the Court. The said false statement apparently and admittedly was made by the Chief Town Planner, Jammu Development Authority knowingly, deliberately and intentionally for which the Chief Town Planner, Jammu Development Authority needs to be proceeded against being contempt on the face of this Court.
Justice Javed Iqbal Wanu directed to frame Rule against Jagdish Raj-Chief Town Planner, Jammu Development Authority to explain as to why he be not punished for having deliberately and intentionally made false and wrong statement at Bar before this Court.
Having regard to the submissions made by Mr. Adarsh Sharma, counsel for the JDA that the plot of land allotted to respondent no. 4 being Plot No. 50-A in terms of order dated 08.03.2006 in fact have had been carved out in the year 2006 itself without there being any approval to the same, which, according to Sharma, came to be accorded upon revision of the original plan in the year 2010 and that the said plot of land came to be subsequently exchanged by respondent no. 4 with another plot of land in the same colony with the JDA and that the said plot No. 50-A is vacant and has not been allotted to anyone else as on date.
Court directed counsel for JDA to file a supplementary pleading in regard to above supported with an affidavit of respondent no. 1-Vice Chairman, Jammu Development Authority by or before the next date of hearing in order to have the matter finally and effectually adjudicated upon. Let the needful be done by or before the next date of hearing. List the matter for further consideration on 23.05.2023.
—JNF
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