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| HC restrains respondents from interfering into land of petitioner | | Of JMC's tax collection from advertisers | | EARLY TIMES REPORT
Jammu, July-09 (JNF):- The High Court has directed the JMC not to interfere in peaceful possession of the petitioner's land. In a petition challenging the authorities/ provisions of law, the respondents have authorized collection tax from different business houses/advertisers and also disclosed the criteria adopted by the Jammu Municipal Corporation for determining the fee/tax/license/revenue etc, Justice Muzaffar Hussain Attar of Jammu & Kashmir High Court Jammu Wing after hearing Adv Anil Sethi appearing for the petitioner issued Rule Nisi. Notice to show-cause as why rule is not made absolute and directed the Registry to list to after service is complete and in the meanwhile directed to file reply affidavit.
Court also issued notice to State of J&K through Commissioner/Secretary H&UD Dept, Commissioner Municipal Corporation Jammu, Chief Khilafwarzi Officer JMC and M/S Selvel Media Service Gandhi Nagar Jammu subject to objections and till next date before the Bench it is provided that respondents shall not interfere in the possession/use of land which is subject matter of petition provided petitioner is in possession of the same.
This order has been passed in a petition filed by one Gurdeep Singh Bijral in which the petitioner seeking direction to respondent-corporation to disclose before the High Court statement showing the collection of revenue by it or by the agency/company which the corporation has authorized to generate funds from out of advertisement i.e. Boards, Sign Boards, Glow Sigh Boards etc.
During the course of arguments Adv Anil Sethi appearing for the petitioner raised questions that JMC does not enjoy any power to control advertisement/sign boards/ glow sign boards over the property of an individual. Even if there be any such power, it cannot be delegated to a private agency to act recklessly and in violation of Municipal Corporation Act & Rules and seeking direction to corporation to disclose its authorities. JNF
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