Special Tribunal directs JMC to issue declaration to prevent nuisance in Gandhi Nagar, other areas
Srinagar, Jun 9: Jammu and Kashmir Special Tribunal at Jammu has directed Jammu Municipal Corporation (JMC) to issue declaration to prevent use of premises causing nuisance in the residential areas including Gandhi Nagar in the winter capital.
Bench of Executive Member, Asif Hamid Khan, directed Municipal Commissioner JMC to ensure that the exercise under section 326 of the Jammu and Kashmir Municipal Corporation Act 2000 was undertaken strictly in accordance with law under his “personal supervision”.
The Tribunal issued the directions while deciding a revision petition filed by one Dr Sandeep Sharma and among others directed the civic body to take into account the “subsequent developments” in terms of relevant provisions of the Unified Building Bye-laws (UBBL) 2021 in general and Clause (a) of Bye-Law No. 5.1.4 of these regulations in particular, concerning "lawful use of land or building premises" not conforming to the use provisions and existing before coming into force of these regulations, provided such non-conforming use is not extended or enlarged.
“It is made clear that this exercise shall also not come in the way of the respondents(gmc while deciding the application dated 23.08.2024 submitted by petitioner (Dr Sharma) for grant of NOC or license, as the case may be, to run the proposed polyclinic.”
The Tribunal has also directed the JMC to discharge the statutory obligations under Section 326 of the Jammu and Kashmir Municipal Corporation Act, 2000 and initiate the process within a month under sub-section (1) by virtue of which the Commissioner may give public notice of his intention to declare that in area specified in the notice no person shall use any premises for any of the purposes referred to in sub-section (1) of section 324 which may be specified in such notice.
Moreover, the JMC has also been asked to take necessary steps for immediate compliance of the order dated 4 September 2024 passed by the J&K and Ladakh High Court in “its letter and spirit, without being influenced or prejudiced by the findings returned in the order of tribunal.
