Jammu: Member (Judicial) Rajesh Sekhri of the J&K Special Tribunal, Jammu on Monday dismissed a plea of Advocate Muzzaffar Ali Shah whereby he had sought his impleadment as party respondent.
The lawyer had sought his impleadment as party respondent in an appeal filed by Mamta Singh wife of Dr Nirmal Singh, Ex-Dy Chief Minister against the order of demolition issued by the JDA against Dr Nirmal Singh and his wife for raising a palatial house at village Ban (Panjgrain), Nagrota, Jammu allegedly without seeking any building permission from JDA.
The court announced its order in the open court that the application is dismissed for the reasons that it is for the authority passing the order or taking any action against a violator to defend its action on the basis of the material on record and as such, a person cannot be allowed to intervene in a case merely because he is a complainant and the prescribed authority initiated action on his complaint only.
The Tribunal while dismissing the application, however listed the main appeal for final arguments on June 9, 2022.
The J&K Special Tribunal while dismissing the application relied upon the several judgments of the Apex Court as well as different High Courts and after relying upon those judgments, the Tribunal observed, “It is manifest from the case law discussed above that a person cannot be allowed to intervene in a case merely because he is a complainant and the prescribed authority initiated action on his complaint only. The subject matter of the appeal on hand is a notice issued by JDA to the appellant and the issue is whether it is justified or not. It is for the respondent JDA to defend the notice on the basis of material on record.”
It may be recalled that the JDA on November 8, 2021 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 illegal/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 illegal construction.
However, Mamta Singh filed an appeal against the Demolition Order and obtained interim relief from J&K Special Tribunal, Jammu whereby the demolition was stayed.