Tribunal sets aside demolition notice against ex-Dy CM

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Jammu, April 17

In a significant order, J&K Special Tribunal, headed by Member (Judicial) Rajiv Gupta, has set aside the demolition notice for the palatial house of former Deputy CM Nirmal Singh, issued by the Jammu Development Authority (JDA) in November 2021.

Mamta Singh, wife of Nirmal Singh, had filed an appeal which was heard on April 8. The Tribunal on Monday allowed her appeal against the demolition order for her house in Ban village of Nagrota in Jammu.

While setting aside the demolition notice on technical grounds, the presiding officer, Rajiv Gupta, stated that the Building Operation Controlling Authority of the JDA shall be at liberty to proceed afresh against the appellant, Mamta Singh, for “violation” of the building by-laws by strictly adhering to the procedure prescribed under Section 7 of the J&K Control of Building Operations Act, 1988.

Senior Advocate RK Gupta with Advocate Rahul Sadotra, appearing for Mamta Singh, submitted that the notice under Section 7(1) of the J&K Control of Building Operations Act, 1988, was never served upon the appellant asking her to show cause as to why the construction may not be removed which is raised in violation of the building by-laws.

Advocate Adarsh Sharma, appearing for the JDA, however, resisted the contentions of the appellant and submitted that the area in question was included in the jurisdiction of the JDA on August, 10, 1984 and since then it had been administered by the authority and it was incumbent upon the appellant to have obtained permission from the JDA before commencement of the house construction.