|early times report |
Jammu, Nov 19 (JNF): Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Mohd Yaqoob Mir has directed the Jammu Municipal Corporation that they shall ensure demolition of structure within 15 days.
This direction has been passed in a Public Interest Litigation filed by Raj Gopal Sharma 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. Municipal Commissioner, Municipal Corporation, Jammu despite representation woke up, only after the Notice in the instant petition was served by issuing Notice dated May 25, 2012 under Section 7(1) of the J&K State Control of Building Operation Act, 1988 (hereinafter referred to as 'COBO Act) whereunder respondent No.3 had been asked to show cause within 48 hours as to why structure raised in violation of Master Plan be not demolished. On the same date, one more Notice under Section 12(1) of the COBO Act has been issued where under respondent No.3 has been asked to discontinue the unauthorised construction. Finally, on 12.07.2012, one more Notice has been issued by Joint Commissioner (A), Municipal Corporation, Jammu in exercise of powers conferred under Section 7(3) COBO Act, directing respondent No.3 to demolish the construction/ violation within five days.
This landmark judgment written by Justice Mohd Yaqoob Mir for the Division Bench after hearing Adv Parag Sharma for the PIL whereas Sr. Additional Advocate General with Deputy Shasita Hakim for the State respondents whereas Adv SS Nanda for JMC observed that dwellings except of watch and ward personnel is prohibited. For watch and ward personnel dwellings, maximum covered area is limited to 32 sq.mtr. It does not provide for construction of structure under any style, be it 'Flower Preservation Centre' or any other Centre. In prohibition clause, it is further qualified that all other uses not specifically permitted are prohibited. So construction of Hall or structure under the style 'Flower Preservation Centre', is totally prohibited.
Division Bench observed that Authority and officials of the Municipal Corporation are expected to be very careful in future. If they would have discharged their duties by stopping the construction at its very inception, there could be no wastage of time, money and hectic litigative process.