JAIDEEP Vs. JAMMU MUNICIPALITY

JUDGEMENT

(1.) THE petitioner was served with a notice under Section 9(3) of the Municipal Act Samvat 2008. He was called upon to remove the unauthorised construction within 7 days. This notice was challenged before the J&K Special Tribunal, Jammu. He admitted that he had taken a plot measuring one kanal on rent and that he has constructed a temporary community hall. This is said to be made of Bamboos and Tarpalulin (Canvass cloth). The plea taken by the petitioner was that this construction would not fall within the definition of building as occurring under Section 229(3) of the Municipal Act. It was further stated that the petitioner had spent lot of money and had booked it for -marriage purposes and if structure which consists of a temporary community hall is ordered to be removed then he would be put to great loss.

(2.) THE Tribunal was of the view that the material which has been used by the petitioner for the construction of temporary construction is highly inflammable and the incident where a temporary hall constructed at Dabwali in Haryana State caught fire and several lives were lost was recalled. The Tribunal was of the view that this could occur to this accommodation raised by the petitioner. Ultimately direction was given to the Municipality that as the petitioner has already accepted bookings upto 26th of Jan 1999, the Municipality would demolish the same only after 27th of Jan 1999. This decision was given so that the petitioner is not reduced to a state of financial bankruptcy and may not have to face litigation in the court from his customers. It is this order which is subject matter of challenge in this petition.

(3.) THE basic argument which has been raised is that the accommodation in question does not fall within the definition of building. Such is the plea taken in paragraph "6(B)" of the petition. It is accordingly, pleaded that if the accommodation in question does not fall within the definition of building then a notice could not be issued. Further plea was taken that the accommodation in question was set up with the consent of the Municipality and, therefore, Municipality cannot before proceeding further it would be apt to notice definition of building as contained in Section 3(3) of the Municipal Act. This reads as under: -