DB uphold sealing of Plot changed land use

DB uphold sealing of Plot changed land use

 JKUT (Jammu), July-14-2021-( JNF):-  A Division Bench of Jammu & Kashmir High Court Comprising Justice Dhiraj Singh Thakur and Justice Puneet Gupta uphold sealing of Plot by JMC at Gandhi Nagar.

         While dismissing the application seeking desealing, Division Bench after hearing Adv Tarun Sharma for the petitioner whereas Adv Rajneesh Raina for the JMC observed that Needles to say that a major part of the city is slowly and steadily turning into a commercial slum on account of the blatant and illegal violations committed on day to day basis. Most of the residential areas in the city are slowly and steadily turning into a commercial hub, jeopardizing and affecting severely the peaceful existence and life of the residents in such localities, commercialization of residential spaces further leading to accidents and loss of life. Unwanted elements from all across the city then get attracted to such like commercial spots, further endangering the privacy and safety of the residents of a particular locality.

         Division Bench also rejected the request of counsel for the petitioner to furnish an undertaking that he shall not use his premises for any commercial purposes and that the same would be used for the Lawyers’ Chamber or the Doctors’ Clinic because such an undertaking will not absolve the petitioner of having raised construction illegally contrary to the Municipal bye-laws.

         The petitioner Sunit Suri has challenged the order dated 01.11.2019 whereby the premises belonging to the petitioner i.e. 784-A Gandhi Nagar, Jammu has been sealed by the Jammu Municipal Corporation (JMC). JNF