Owners counter-charge JMC of violating court orders of status quo of functional building
Jammu Tawi, Oct 31:
The enforcement officials of Jammu Municipal Corporation today re-sealed Vishal Mega Mart in Talab Tillo.
The JMC has also lodged for registration of FIR against the ‘culprits for tampering and breaking the seal’ of Vishal Mega Mart at Nawabad, Talab Tillo and starting the commercial activity in violation of the orders of the J&K, Special Tribunal.
The officials of JMC accompanied by a local police contingent rushed to the VM Mart building and locked it from outside with the seal, the eyewitness on spot said. They said that the JMC staff alleged arguments with the Sales-Outlet 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 VM 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.
The owners of the building accused the JMC authorities of serious harassment and acting against the two Courts’ standing order of status quo of functional building. There are merely sealing the commercially approved functional sales outlet before Diwali on the apprehension of any further construction while there was no point of any such construction of violations.
In a communication addressed to the SHO, Nowabad Police Station, Jammu, JMC has stated that the building was sealed following 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 the 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 but the owners raised two commercial buildings. Thereafter the owner has committed the violations against the approved building plan.
It said against the said violations, a building plan violations 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 gross violation of the status-quo order granted by the J&K Special Tribunal Jammu.
J&K Special Tribunal Jammu directed the parties to maintain the 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 owners have violated the Status quo order of the Special Tribunal, J&K and started the commercial activity. The owners broke open the seal of the property against the order of the Jammu Municipal Corporation.
