||Black and White Digital News||

||Tejveer Singh May 21, 2024||

**Synopsis:**

J&K Special Tribunal dismisses appeal against demolition of Dr. Nirmal Singh’s house.

Tribunal questions validity of sale deed, fines Ms. Mamta Singh Rs. 10 lakh for serious misconduct.

Illegal construction in a restricted green area according to Jammu Master Plan 2032.

Strictures against Ms. Mamta Singh for contempt of court and perjury.

Tribunal challenges terms and conditions of 2014 sale deed.

Tribunal highlights illegality in land use change and transfer under J&K Big Landed.

Estate Abolition Act

JDA had issued multiple demolition notices against the illegal construction.

Appeals by Ms. Mamta Singh consistently dismissed by the Tribunal.

**Detailed Story:**

In a landmark decision, the Jammu and Kashmir Special Tribunal, Bench-III, has decisively cleared the way for the demolition of the house illegally constructed by Ms. Mamta Singh, wife of former Deputy Chief Minister Dr. Nirmal Singh. The tribunal, presided over by Mr. Asif Hamid Khan, dismissed the appeal (STJ.164/2023) filed by Ms. Mamta Singh against the demolition ordered by the Jammu Development Authority (JDA).

**Tribunal’s Firm Stand on Legal Violations**

The tribunal’s order, pronounced on May 17, 2024, underscores a series of legal violations and misconduct by Ms. Mamta Singh. In addition to dismissing the appeal, the tribunal imposed a Rs. 10 lakh fine on Ms. Singh for serious misconduct, including criminal contempt of court and perjury. These charges stem from obtaining favorable orders through falsehood, misrepresentation, and fraud.

**Illegal Construction in Restricted Green Area**

The tribunal confirmed that the house was constructed in a restricted green area at Ban, Nagrota, as demarcated in the Jammu Master Plan 2032. The bench criticized the deliberate defiance of the rule of law, noting that the appeal filed by Ms. Mamta Singh constituted an abuse of the court’s process.

**Questionable Land Deed**

A significant aspect of the tribunal’s ruling involved the scrutiny of the sale deed dated May 20, 2014. The tribunal noted that the purchaser (Ms. Mamta Singh) had admitted that the land was included in the Master Plan under SRO 388 and classified under Rule 5 (Dafa 5) of Shamlat-deh. Furthermore, both the vendor and vendee were declared to belong to the agricultural class, supposedly removing any impediment to the land’s transfer.

**Legal Impediments to Land Use Change**

The tribunal raised serious concerns about the change in land use and the legality of the transfer and registration of the land under Section 20-B and Section 21 of the J&K Big Landed Estate Abolition Act Svt 2007. These sections prohibit the transfer of land classified as ‘Arak’ in revenue records.

**Chronology of Legal Actions**

The JDA had initially ordered the demolition of the illegal bungalow at Ban, Nagrota, constructed without valid permission from the competent authority. Following a notice issued by the Building Operations Controlling Authority, Ms. Mamta Singh appealed to the J&K Special Tribunal, seeking to invalidate the JDA’s notice. The tribunal initially directed both parties to maintain the status quo but later set aside the JDA’s notice on technical grounds, allowing the JDA to proceed afresh in accordance with the law.

On July 28, 2023, the JDA issued a fresh demolition notice, which Ms. Mamta Singh again challenged. The latest appeal was dismissed by the Special Tribunal, reinforcing the JDA’s position.

**Legal Representation**

Ms. Mamta Singh was represented by Advocate Uday Bhasker, while the JDA’s interests were defended by Advocate Anchit H. Sharma.

**Conclusion**

This ruling marks a significant victory for the JDA and a stern reminder of the judiciary’s commitment to upholding the rule of law. The case highlights the ongoing struggle against illegal constructions and land misappropriations in Jammu and Kashmir, reinforcing the importance of adherence to legal processes and the repercussions of circumventing them.