Former Minister challenging demolition notice

Whistleblower seeks his impleadment in writ petition

5 Dariya News

Jammu 15-Jan-2016

The writ petition filed by the Former Revenue Minister Raman Bhalla in the State High Court (Jammu Wing) challenging the demolition notice issued by Jammu Municipal Corporation took a new turn on Friday when whistleblower Prof. S.K. Bhalla filed a Miscellaneous Petition (MP) in the State High Court seeking his impleadment as party respondent.In the impleadment application, the applicant has submitted that he is a public spirited person fighting corruption at higher places and had approached Public Information Officer, JMC soliciting the information to the effect as to what action was initiated by the JMC with regard to the major violations of the approved building plan by the former Revenue Minister while raising the construction of his residential house at Village Deeli, District Jammu. It is further stated that vide No.JMC/S/RTI/1345 dated November, 17, 2015 the Public Information Officer, JMC disclosed that no action has been taken against Former Revenue Minister Raman Bhalla.

Prof. Bhalla has further alleged in his MP that in view of shielding approach of JMC, he filed a writ petition on November, 30, 2015 (OWP No.1794/2015) wherein he sought directions to the Commissioner JMC to perform her statutory duties under J&K Control of Building Operation Act, 1988 by initiating appropriate action against Raman Bhalla who has raised 1724 sqft illegal construction at first floor and 1134 sqft at ground floor of his residential house in violation of the approved plan. The applicant also sought holding of an enquiry and registration of FIR under Section 5(2) P.C. Act against the Khilafwarzi Wing of the JMC who remained remiss in reporting the violations of the approved plan in time and defaulted to take action against the former Minister.

The applicant has also submitted that the aforesaid writ petition came up for hearing on December, 3, 2015 when the High Court took a serious note about the lapses on the part of JMC in not initiating action against the former Minister and directed Commissioner JMC to take action under law against former Revenue Minister in regard to alleged major violations of the approved plan and also directed her to file Action Taken Report (ATR) within three weeks.It is further alleged in the application that pursuant to the aforesaid directions of the State High Court, the JMC woke up from deep slumber and ultimately issued demolition notice to the former Minister and also filed Action Taken Report before the High Court.

In the miscellaneous petition it is also stated that despite the pendency of the petition filed by the applicant, the Former Revenue Minister filed a fresh writ petition challenging demolition notice without impleading him as a party respondent and the writ petition filed by Raman Bhalla is not maintainable and is liable to be dismissed. The applicant has further submitted that being whistleblower he is a necessary party in the writ petition and it is only the applicant who got JMC activated and for the just and effective disposal of the writ petition he is required to be arrayed as party respondent.

In the MP the applicant has also alleged that the writ petition filed by the Former Minister is an abuse of process of law as appeal against the demolition notice is sub-judice and further the State High Court is also seized of the writ petition filed by the applicant in which directions were issued by the State High Court on December, 3, 2015 which led to the issuance of the demolition notice to the Former Revenue Minister. The applicant has prayed for his impleadment as party respondent. (CNS)