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| Special Tribunal imposes Rs 5 lakh penalty on Patnitop hotel owner | | | Early Times Report
Jammu, May 29: Member Special Tribunal Jammu Asif Hamid Khan imposed Rs 5 lacs penalty on Trinetar Hotel Patnitop for reaped rich harvests for more than a decade on the basis of a building permission obtained by fraudulent means. Appellant has also wasted judicial time of the court in a totally frivolous and dishonest litigation for more than three years in the present appeal.
Controversy in appeal on hand preferred under Section 13 of J&K Control of Building Operation Act, 1988 (For short: COBO Act) revolves around construction of-Hotel Trinetar at Patnitop on a plot of land measuring 02 Kanals comprising Khasfa No. 112 situated at Village Karlah, Tehsil Chenani, District Udhampur.
Appellant claims to be the Attorney Holder of owner of the said plot of land and Proprietor of Hotel Trinetar namelyj Smt Shakuntala Kotwal W/O Late Shri Omkar Kotwal F-1808, Rathore Street, Shastri Nagar, Jammu, by virtue of Power of Attorney executed on 6th June, 2005 and another property situated at Shastri Nagar, Jammu. On 04.12.2020, answering respondent issued notice under Section 7 (1) of the J&K Control of Building Operations Act.
Special Tribunal after hearing both the sides observed that 42. This matter assumes added significance as a dispute between the appellant and his immediate neighbors at Patnitop resulted in a number of litigations before the Hon'ble High Court being OWP No. 1124/2009 titled Inderjeet Kour V/s State of J&K through Chief Secretary & Ors., OWP No. 963/2012 titled Inderjeet Kour V/s State of J&K through Tourism Department & Ors., and PIL No. 22/2018 titled Harcharan Singh V/s State of J&K & Ors. On the other hand, appellant reaped rich harvests for more than a decade on the basis of a building permission obtained by fraudulent means. Appellant has also wasted judicial time of the court in a totally frivolous and dishonest litigation for more than three years in the present appeal preferred on 16.12.2020. Cost of Rs. 5.00 lacs (Rupees five lacs Member Special Tribunal Jammu Asif Hamid Khan imposed penalty on Trinetar Hotel Patnitop.
The Tribunal held that the appellant also wasted judicial time of the court in a totally frivolous and dishonest litigation for more than three years in the present appeal.
The issue involved in this appeal is directly or indirectly or substantially the same as in another case pending before the High Court.
This appeal can be disposed of by directing the respondent Authority to conduct a thorough inquiry in the matter.
The issue involved in this appeal is directly or indirectly or substantially the same as in OWP No. 963/2012 titled Inderjeet Kour V/s State & Ors., pending before the High Court. Therefore, this appeal can be disposed of by directing the respondent Authority to conduct a thorough inquiry in the matter without being influenced by the observations made in this order. On the basis of outcome of such inquiry, which shall be completed within one month, the respondent Authority shall initiate statutory proceedings afresh under Section 7 of the COBO Act, 1988 in accordance with law. Impugned demolition order being defective on grounds discussed hereinabove is accordingly set-aside. Liberty is however granted to the respondent Authority to prevent unauthorized use of building in question under Bye Law No. 2.12 of the Jammu and Kashmir Unified Building Bye-Laws, 2011. This order is issued without prejudice to the outcome of investigations being conducted by the Anti-Corruption Bureau in Case FIR No. 32/2016 VOJ (Now ACB Doda) and/or the outcome of OWP No. 963/2012 titled Inderjeet Kour V/s State & Ors., and PIL No. 22/2018 titled Harcharan Singh V/s State & Ors., pending before the Hon'ble High Court. Disposed of.
Tribunal further directed the registry to return the record to answering respondent Chief Executive Officer, Patnitop Development Authority along with copy of this order, which shall also be conveyed to the Chairperson, BOCA, Patnitop/Deputy Commissioner, Udhampur for information and necessary action in accordance with law in a time bound manner. The Registry shall separately bring this order to the notice of the learned Financial Commissioner, Revenue, J&K, Administrative Secretary, Revenue Department, Administrative Secretary, Tourism Department and Divisional Commissioner, Jammu for information. (JNF) |
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