The Jammu and Kashmir Special Tribunal presided over by member judicial Rajeev Gupta on Monday allowed an enchantment filed by Mamta Singh, spouse of former deputy chief minister (CM) Nirmal Kumar Singh, and put aside a demolition discover served to her by the Jammu Development Authority ( JDA) directing her to demolish their bungalow at Ban in Nagrota space of ​​Jammu district.

Mamta Singh had contested the JDA’s November 8 order issued beneath Section 7(3) of the Jammu and Kashmir Control of Building Operations Act, 1988 (COBO Act) earlier than the particular tribunal.

JDA had described the bungalow as an “unlawful building raised in violation of Section 7(3) of J&K Control of Building Operations Act, 1988 (COBO Act).

Though the particular tribunal put aside the impugned demolition discover on technical grounds, it noticed and directed that the Building Operation Controlling Authority of JDA (BOCA) shall be at liberty to proceed afresh towards Mamta Singh for violation of the constructing bye-laws “by strictly adhering to the process prescribed beneath part 7 of the J&K Control of Building Operations Act, 1988”.

Mamta Singh’s counsels, senior advocate RK Gupta and advocate Rahul Sadotra submitted that discover beneath Section 7(1) of J&K Control of Building Operations Act, 1988 was by no means served upon the appellant.

It was additional urged that the way of the service of discover was prescribed in part 7(2) of the J&K Control of Building Operations Act, 1988.

In this regard Mamta Singh relied upon a judgment of the division bench of J&K High Court titled BOCA versus Kaushalya Devi and others whereby it was held by the division bench that when it (constructed construction) is disputed then it must be proved that the discover was served within the presence of impartial witnesses.

The Special Tribunal after going by way of the data of JDA noticed that the discover beneath part 7(1) was acknowledged to have been served on October, 30, 2021 and the way through which the discover was served, the particulars of the serving official and the The individual to whom it was served weren’t talked about within the endorsement and even it was recorded within the minutes of proceedings within the file.

The particular tribunal additional noticed that the JDA has failed to ascertain the legitimate service of the present trigger discover on the appellant which is a compulsory pre-condition for continuing with statutory train towards violation of the constructing bye-laws.

Advocate Adarsh ​​Sharma showing for JDA, nonetheless, resisted the contentions of the appellant and submitted that the world in query was included within the jurisdiction of the JDA vide SRO 388 dated August, 10, 1984 and since then it was being administered by the JDA and It was incumbent upon the appellant to have obtained permission from the JDA earlier than graduation of the residential home.

It was additional urged that because the building was raised illegally with out acquiring legitimate permission from BOCA as such discover beneath Section 7(1) was issued to the appellant to indicate trigger as to why the development is probably not demolished. The stated discover was duly served upon the appellant and he or she didn’t reply to the stated discover as such the demolition order was issued.

Advocate Sharma additional submitted that the world in query is described in Jammu Master Plan 2032 as vegetation and as such falls beneath agricultural land use and no residential building was permissible within the stated space.

After contemplating the rival contentions, the particular tribunal allowed the enchantment filed by Mamta Singh on technical grounds for need of defect within the service of present trigger discover and accordingly put aside the impugned demolition order.

The Tribunal, nonetheless, noticed that the BOCA shall be at liberty to proceed afresh towards the appellant for violation of the constructing bye-laws by strictly adhering to the process prescribed beneath Section 7 of the COBO Act.

With these observations and instructions, the tribunal disposed of the enchantment most popular by Mamta Singh.