Jammu: The sleuths of Jammu Municipal Corporation today sealed Vishal Mega Mart in Talab Tillo.
The JMC, however, has sought registration of FIR against the culprits for tampering and breaking the seal of Vishal Mega Mart at Nawabad, Talab Tillo and starting commercial activity in violation of the orders of the J&K, Special Tribunal.
The officials of JMC with the support of a local police team rushed to the Mart and locked it from outside with the seal, the eyewitnesses said. They said that the sleuths had alleged arguments with the management officials of the mart who were opposing the seizure. “The matter is in the court. It is to be decided there. However, the JMC has sealed it without taking into consideration our repeated requests,” they said.
The employees of the mart claimed that: “The customers including women and employees are inside the mart which has been sealed from outside by the JMC officials.” In its official statement, the JMC has claimed that the mart building had been earlier sealed by JMC for violation of the status-quo order of J&K Special Tribunal.
In a communication addressed to the Station House Officer (SHO), Police Station, Nowabad, Jammu, JMC has stated that the building was sealed following the issuance of an order by the J&K Special Tribunal on 29-10-2021 under section 8(1) of J&K Control of Building Operations Act, 1988. “Accordingly, the premises were sealed on 30.10.2021 and the property was kept under the custody of local Police,” the communication said.
It said the owners broke open the seal and the property against the order of Jammu Municipal Corporation and “as such you are requested to conduct enquiry and register an FIR against the culprits for tampering/ breaking the seal of premises/ property in question which was sealed by Jammu Municipal Corporation”. Elaborating further the JMC communication said that the building plan of the said building was approved and raised two commercial buildings. Thereafter the owner has committed the violations against the approved building plan.
It said against the said violations, a Khilafwarzi case was registered by JMC and the demolition order was also passed vide no. MJ/CEO/31/3/2019 dated. 18.03.2020. The defaulter filed an appeal before the J&K Special Tribunal Jammu. On July 22, 2020 reported by the area concern Inspector that in light of the red/containment zone by the District Administration Jammu the above said persons/defaulters has started the furnishing work to complete the building in order to put the same for commercial use in cross violation the status-quo order granted by the J&K Special Tribunal Jammu.
J&K Special Tribunal Jammu directed the parties to maintain status quo on spot with respect to demolition notice. Whereas the 1st Civil Subordinate Judge, Jammu directed to maintain status quo qua the suit property as it existed on date. Whereas Hon’ble High Court of J&K at Jammu passed an order dated 21/08/2020 . The relevant portion of the same is reproduced as under:
“…the impugned order passed by the trial court shall not impact the proceedings before the tribunal in any manner.
“…this petition is disposed of leaving it open to the petitioners to appear before the trial court and take remedial measures against the impugned order as may be permissible in law.”
Whereas owners have violated the Status quo order of the Special Tribunal, J&K and started commercial activity. The owners broke open the seal of the property against the order of Jammu Municipal Corporation.