Spl. Tribunal fixes Impleadment Application of Whistle blower for Arguments
STATE TIMES NEWS
JAMMU: In yet another significant development, Member(Judicial) Rajesh Sekhri of the J&K Special Tribunal, Jammu on Monday directed the listing of case of Mamta Singh, wife of Dr. Nirmal Singh, Former Deputy Chief Minister, J&K for hearing of arguments in the application for impleadment moved by whistle blower Advocate Muzzaffar Ali Shah on whose RTI Exposure the JDA had issued Demolition Notice to Dr. Nirmal Singh and his wife Mamta Singh for raising the alleged unauthorised construction of a residential house at village Ban(Nagrota), Jammu.
Today both the Appellant Mamta Singh and JDA filed their objections to the application seeking impleadment filed by Advocate Muzzaffar Ali Shah. It may be recalled that on the last date of hearing, both the Appellant Mamta Singh and JDA were granted last and final opportunity to file their objections to the impleadment application moved by Advocate Muzzaffar Ali Shah seeking his impleadment as Party Respondent in the appeal filed against the order of demolition issued by the JDA against Dr. Nirmal Singh, Former Deputy Chief Minister and his wife.
When the matter came up for hearing today on Virtual Mode before the Bench headed by Rajesh Sekhri, Member(J), Advocate Jugal Kishore Gupta alongwith Advocate Rahul Sadhotra appearing for the appellant Mamta Singh submitted that he has filed the objections to the application for impleadment today itself through virtual mode. At this stage, the court enquired from the Counsel appearing for the JDA, Advocate Adarsh Sharma, as to whether JDA has also filed its objections to the application today, upon which the Counsel for JDA also responded that the objections have been filed by the JDA also through virtual mode.
Advocate Muzzaffar Ali Shah apprised the Tribunal that on the last date of hearing, Counsel for the JDA Advocate Adarsh Sharma had submitted before the Bench that he shall produce the complete record of the case on this date and sought to enquire whether complete record has been placed before the court or not.
Upon this, the Counsel for the JDA Advocate Adarsh Sharma submitted that he does not want to produce any record now and the record already placed before the court is complete in all respects.
After considering the rival contentions of the parties, the J&K Special Tribunal took on record the objections filed by the Jammu Development Authority(JDA) and the appellant Mamta Singh and further directed the registry to list the matter on February 17, 2022 for hearing the arguments in the Impleadment Application.
The court has further extended the stay on Demolition till next date of hearing i.e. February 17, 2022.
It is worthwhile to mention herein that the JDA on November 8, 2021 had issued final Demolition Notice under section 7(3) of the Building Control Operations Act, 1988 directing Dr. Nirmal Singh and his wife Mamta Singh to demolish the alleged unauthorised construction raised at village Ban(Panjgrain), Nagrota on their own within a period of five days failing which the Enforcement Wing of the JDA would carry on demolition of the alleged unauthorised construction. However, Mamta Singh filed an appeal against the Demolition Order and obtained interim relief from J&K Special Tribunal, Jammu whereby the demolition had been stayed. The JDA has already filed detailed reply to the appeal as well as application for stay wherein JDA has branded the construction as “Major Violation” as Dr. Nirmal Singh and his wife Mamta Singh did not obtain the building permission from JDA despite the area coming under the purview of JDA being its ‘Local Area’.
It may be recalled here that JDA issued Demolition Order only after the matter came in public domain through an RTI Information obtained by Advocate Muzzaffar Ali Shah.