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| HC lashes out at JDA | | | Early Times Report
Jammu, Nov 13: Coming down heavily on the Jammu Development Authority, a Division Bench of Jammu and Kashmir High Court today questioned the Jammu Development Authority as how it went ahead with a commercial complex in a residential area. With these observations the court declared a commercial complex coming up in Roop Nagar Housing Colony as illegal and asked for its forthwith removal.
Hearing a Public Interest Litigation filed by the resident of Roop Nagar Housing Colony a Division Bench of Chief Justice Berin Ghosh and Justice Sunil Hali observed that Court wanted to know on what basis steps were taken to make construction of the commercial complex in residential area.
Certain files were shown but the DB could not locate any decision taken by any person for making use of the subject land for having a commercial complex. In as much as the construction of commercial complex is contrary to the approved plan, the same is Per-Se illegal and required to be removed forthwith.
However, DB taking note of the fact that the plan may be altered and for that purpose, elaborate procedure has been prescribed, including giving of notice to public intention for alter the plan, DB allowed the construction to remain for time being, but not beyond two years from the date of this judgment. In the event, by that time, the plan is not altered, authorizing utilization of land in question for commercial activities, the JDA at its own costs shall remove within a period of two months from the date of expiry of two years, the subject structure. Until such time the plan is altered, the structure shall remain under lock and key and shall not even be repaired or touched upon by any one, for the user of the land in the same has been used by making the structure is not yet authorized.
After hearing senior Advocate AV Gupta with Advocate Aditya Gupta appearing for the PIL and Advocate Adarsh Sharma appearing for the JDA, DB further observed that despite the structure being illegal permitted the same to remain only because public money has been utilized for making of the structure. In the event, ultimately the structure is pulled down, the costs, charges and expenses for the construction of structure as well as costs, charges and expenses for pulling down the same shall be recovered by JDA from such officer or officers of JDA, who were instrumental in making the structure in question and such costs, charges and expenses shall not be debited to the account of the JDA.
The DB further observed that counsel appearing on behalf of JDA at one stage submitted that his client has not obtained sanction of the Government on such a plan also did nit file an affidavit to that effect in the court. The submission thus made followed non filing of the said affidavit and the manner of the conducting the litigation in this court were aimed at hoodwinking the court. In as much as the plan of which approval of the Government was required to be taken for development of Roop Nagar Colony and which being a requirement of law, can be presumed to have been taken having not been produced, an interference can be drawn that the land on which the shopping complex has been constructed, was not earmarked in the plan, for user for commercial activities or for further development. In the circumstances the contention of the petitioners succeeded that an attempt is being made to convert a part of residential area into commercial contrary to the holding out made expressly to the people. With these observations DB disposed off this petition.
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