JAMMU, May 21: Member Special Tribunal Jammu Asif Hamid Khan has dismissed the petition filed against notice issued for demolition of house illegally constructed by Mamta Singh, wife of former Deputy Chief Minister Dr Nirmal Singh in violation of law at Ban in Nagrota, a restricted green area demarcated in the Jammu Master Plan 2032.
The Special Tribunal also passed strictures and imposed a fine of Rs 10 lakh on Mamta Singh for the serious misconduct involving criminal contempt of court and perjury for getting favorable orders by taking shelter of falsehood, misrepresentation/ suppression of facts and fraud.
It further said that the construction of the residential house in question is a deliberate act of defiance of the rule of law and appeal filed on false grounds tantamount to the abuse of process of court.
The Special Tribunal has also made serious observations regarding the terms and condition as mentioned in the Sale Deed dated 20.05.2014 of the land in question referring to Paras 6 and 7 wherein the purchaser has admitted that land has been included in the Master Plan under SRO 388 and falls within Rule 5 of Shamlat-Deh. In Para 7 the Vendor declares that Vendor and Vendee both belong to agriculture class hence there is no impediment on transfer of land.
The Tribunal questioned the change in the land use and the transfer of land and its registration by Sub-Registrar Court quoting the Section 20-B and Section 21 of J&K Big Landed Estate Abolition Act prohibiting the transfer of land classified as ‘Arak’ in revenue records
It is worthwhile to mention here that in a significant development, the Jammu Development Authority had ordered demolition of an ‘illegally’ constructed bungalow of former Deputy Chief Minister and senior BJP leader, Dr Nirmal Singh at village Ban in Nagrota on the outskirts of Jammu.
A notice in this regard had been issued by the Building Operations Controlling Authority of JDA to Nirmal Singh and his wife Mamta Singh, who is owner of the land on which this ‘illegal’ bungalow has been constructed without valid permission from the competent authority as prescribed under law.
Mamta Singh approached the J&K Special Tribunal to invalidate the JDA notice in an appeal and the then Special Tribunal bench pending decision, in the meanwhile, directed the parties to maintain status quo on spot till the next date of hearing and later set aside the JDA notice on technical grounds with a liberty to JDA to proceed afresh in the matter in accordance with law.
Subsequently, the JDA on July 28, 2023 issued a fresh demolition notice to Mamta Singh, wife of Dr Nirmal Singh which she again challenged. The fresh appeal was preferred by her before the Special Tribunal, which has been dismissed and a fine of Rs 10 lakh has been imposed.
Nadeem Nadu (ندیم مختار) 