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| DB asks Special Tribunal to dispose of appeal within 15 days | | PIL against construction of Hall in Green Belt Park | | Jammu, Aug 8 (JNF) : In a Public Interest Litigation in which the petition projected grievances that Director Floriculture Dept has constructed a Pacca Structure in Green Belt Park Gandhi Nagar Jammu without getting any approval from Building Operation Controlling Authority, A Division Bench of State High Court comprising Justice Virender Singh and Justice Hasnain Massodi direct Municipal Corporation Jammu to appear before the Special Tribunal on August 9, 2012 and asked the Special Tribunal to dispose of the main appeal (filed by Director Floriculture) within fifteen days.
The Public Interest Litigation filed through Adv Parag Sharma against the construction of big hall covered area of more than 62 Sqmts in Green Belt Park Gandhi Nagar Jammu against the guidelines of master plan of Jammu 2021. Earlier the Division Bench while issuing the notice to the respondents ordered status-quo be maintained.
Jammu Municipal Corporation through Adv SS Nanda has filed his response to the PIL in which it is stated that on May 25, 2012 a notice was issued to Director Floriculture Jammu under J&K State Control of Building Operation Act. Calling upon him to show-cause as to why un-authorized construction be not demolished. Thereafter an order dated July 12, 2012 is passed by the Joint Commissioner (A) JMC under the Act directing Director Floriculture to demolish the unauthorized construction of building at Green Belt Gandhi Nagar Jammu.
Division Bench further observed that on a query put to Mrs. S Hakim Deputy AG appearing for the Director Floriculture dept as to why the unauthorized construction was not demolished within the stipulated period of five days as indicated in the order July 12, 2012, she is unable to respond to the said query. However, Advocate SS Nanda appearing for the Municipal Corporation Jammu stated that against the said order directed floriculture Jammu has filed an appeal before the J&K Special Tribunal Jammu, in which, the parties have been directed to maintain status-quo. Counsel appearing for the JMC further stated that JMC has not put in appearance before the J&K State Tribunal Jammu till date. Upon this Division Bench directed JMC to appear before the Tribunal on August 9, 2012 and asked the J&K Special Tribunal Jammu to dispose of the main appeal within fifteen days. |
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