PATNI TOP DEVELOPMENT AUTHORITY Vs. SPECIAL TRIBUNAL, J&K

JUDGEMENT

(1.) "Justice delayed is Justice denied."

(2.) FACTS are as under: - Placing reliance on Section 13 (4) of the Town Planning Act (hereinafter referred to the Act), the Jammu and Kashmir Special Tribunal has accepted the Appeal preferred by respondent -Kuljeet Rai, Harjeet Rai and Manjeet Rai. The fact that in aforesaid Act, it is mentioned that the appeal preferred before the Tribunal has to be decided within 10 days and in case that appeal was not so decided, then the appeal has necessarily to be accepted. The Tribunal without going into the merits of the controversy and placing explicit reliance on Section 13 (4) of the Act, allowed the appeal. The appeal was preferred against an order/notice issued by the Patnitop Development Authority calling upon the respondents to demolish construction raised on KhasraNo. 2117/1729/983 of Village Sanasar, District Doda. The relevant provision which has been relied by the Tribunal is Section 13 (4) of the Act referred to above. For facility of reference this is being reproduced below: -

(3.) THE learned counsel appearing for the parties submits that the intention of the Legislature in framing the aforementioned provision was to impress upon the authorities to decide the matter with speed and expeditiously. The purpose of this provision is not to throttle the judicial process. It is stated that if such inference is to be drawn then the very purpose of the Statute would be defeated and unscrupulous litigant would see to it that an appeal preferred under the Act is not decided within the period of 10 days and the result envisaged by sub -section would ensue.