Construction of a building by senior BJP leader NirmalSingh’s family near an Army depot in the city’s outskirts is near completion,despite the Jammu and Kashmir High Court directing them last year to maintainstatus quo at the disputed site, officials said.
The high court on May 7 last year had asked them to maintainstatus quo until final disposition of an Army plea which has claimed that thebuilding was in violation of laid down norms.
A palatial building is nearing completion in Ban villagedespite the order, the officials said.
Raising security and safety concerns in view of thebuilding’s proximity to an ammunition depot, the Centre had filed two petitionsbefore the high court, but are still awaiting a proper hearing a year later.
Efforts to seek a reaction from Nirmal Singh and his closeaide did not yield result as repeated calls and messages remained unanswered.Singh had earlier claimed it was a political conspiracy against him.
The piece of 2,000 square metre land was brought in 2000 bythe Himgiri Infrastructure Development Private Limited, whose shareholdersincluded former state deputy chief minister Kavinder Gupta and BJP MP JugalKishore besides Singh. Gupta, however, had claimed that he resigned from thecompany.
The construction work on the plot had started in 2017prompting the Army to send a communication to Singh, who was the then deputychief minister in the PDP-BJP coalition government, asking him to stop theactivity as it was in “violation of the Works of Defence Act (WoDA)1903” which bars any construction activity upto 1000 yards (914 metresapprox).
The construction activity falls nearly 581 yards (531 metresapprox) from the boundary of the depot.
A contempt notice was moved by the central government in2018 against Nirmal Singh’s wife Mamta Singh for allegedly violating a 2015order of the then deputy commissioner of Jammu Simrandeep Singh in which theArmy depot was notified by the state government.
The high court had on May 7, 2018, while hearing a contemptpetition, asked various departments of the state to file their replies anddirected Singh and others to “ensure” that the 2015 order is”strictly implemented with all provisions of law/rules and nounlawful/impermissible activity in the area is permitted”.
The 2015 order was clear that “no variation shall bemade in the ground level and on building, wall, bank or otherconstruction….Erected, added to or altered otherwise that with the writtenapproval of the General officer in Commanding…”
“No wood, earth, stone, brick, gravel and or othermaterial shall be stacked, stored or otherwise accumulated” and the orderwas applicable to all those living 1000 yards of the ammunition point atvillage ban.
It said that any violation “shall be dealt with by thelocal Army commander under law and no compensation in respect of removal ofsuch unauthorised structures shall be payable to the owners.”
The Defence Ministry had filed a writ petition on May 3,2018 when the local administration and police failed to implement the 2015order.
Despite the high court’s order for strict implementation ofthe order of the deputy commissioner, the construction work continued unabatedprompting the Centre to move a contempt petition on May 16, 2018.
Officials in the Defence Ministry said that in view of therecent terrorist action at Pulwama as well as the earlier terrorist attack atNagrota in November 2016, concerns regarding security of such sensitive defenceinstallations have always assumed importance.
Guidelines such as the Works of Defence Act are meant todeter such threats as well as cater for the safety of the civilians residing inthe vicinity. However, such construction activity reduces the open area forsurveillance and monitoring by the Army too.