Justice Ali Mohammad Magrey while took serious note over illegal constructions in violation of Master Plan, directed Divisional Commissioner, Jammu, to ensure that the structure in question is sealed and put on Superdnama and handed over to the Tehsildar concerned after preparing the inventory of the properly in question. The Divisional Commissioner. Jammu, shall report compliance before the next date positively.
This important direction has been passed in a petition filed by Sidhdev Singh and another order dated 28lh August, 2019, passed by the J&K Special Tribunal, Jammu. by virtue of which the application seeking impleadment in the appeal filed by respondent no. 1 and pending before it, be quashed.
The case of the petitioners, in brief, is that petitioners own a plot of land measuring 01 kanal and 04 maiias under Khasra No. 929 situated at Chowadhi, Tehsil and District Jammu. Adjacent to the said plot, respondent no. 1, with an intent to raise a commercial complex at his land, has constructed two shops in disregard of the Rules and in detriment to the rights of the petitioners. The said construction, is stated to be in complete violation of the Master Plan and the zonal bye-laws as also being without permission from the competent authority. Taking cognizance of the matter, it is stated, that the Building Operation Controlling Authority and the Jammu Development Authority had even proceeded to demolish the structure which later on became the subject matter of appeal before the J&K Special Tribunal at Jammu preferred by the respondent no. 1.
Justice Ali Mohammad Magrey observed that although the petitioner is seeking quashmcnt of the order of the J&K Special Tribunal dated 28th August, 2019, whereby the application of the petitioner, seeking impleadment to the appeal preferred before it by the respondent no. 1, has been dismissed, the court, on analysing the material placed before it, registers the seriousness of the issue and deems it appropriate to go little beyond.
Justice Ali Mohammad Magrey further observed that going by the pleadings the respondent no. 1 appears to have put all the rules and the laws to the wind and has undertaken the illegal construction in hand. Time and again the court has reminded all and sundry to desist from the illegal activities or else the law will take its own course as it is not an individual or the authority that is supreme to law but it is certainly the law that is supreme to all. Therefore, for upholding the majesty of law, the court deems it appropriate to take certain measures in the present case before the subject of writ petition is addressed on its merits.
Justice Ali Mohammad Magrey while issuing notice to the other side, the registry shall call for the records of the JDA pertaining to the subject and the records of the J&K Special Tribunal and directed . Divisional Commissioner, Jammu, shall ensure that the structure in question is sealed and put on Superdnama and handed over to the Tehsildar concerned after preparing the inventory of the properly in question. The Divisional Commissioner. Jammu, shall report compliance before the next date positively.