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HindustanTimes Thu,10 Jul 2014

Court dismiss DCC petition to set aside shops' demolition

Sanjeev Bhalla , Hindustan Times  Jalandhar, October 10, 2013
First Published: 22:30 IST(10/10/2013) | Last Updated: 22:31 IST(10/10/2013)

A local court on Thursday dismissed an application submitted by the district Congress Committee (urban), seeking relief by setting aside orders issued by the municipal corporation (MC) commissioner to demolish buildings illegally constructed outside the Congress bhawan.

The application was submitted by DCC (urban) president Arun Walia.

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The MC had declared illegal the shops constructed in the housing lane of Rajinder Nagar locality by the Congress Bhawan authorities. The MC had, on June 10, served a three-month notice, extendable up to four months, on shopkeepers possessing the shops, asking them to vacate the premises for demolition.

A directive in this regard had been passed by MC commissioner Vinay Bublani on Monday after going through the records and representations given by the DCC (urban) on the complaint filed by Manit Malhotra, an RTI activist.

The district Congress later approached the court in August, seeking relief by setting aside the orders to which the court of additional sessions judge HP Singh denied on Thursday.
The DCC (urban) had constructed 10 shops on the house line meant for parking, sunlight and ventilation purposes, violating the building bylaws.

The DCC (rural) had also violated laws by constructing three shops without getting mandatory building plan approved from the competent authority.

A petition in this regard was filed by BJP leader and RTI activist Malhotra before the high court and the court had directed the MC to check the contents of complaint and take necessary action on the complaint.

“Jalandhar Improvement Trust had allotted 28-marla plot to the Congress at a concessional price of Rs. 16,915 around 38 years ago, but the allottee not only failed to pay the requisite amount in four equal installments, but also got shops constructed without obtaining mandatory change of land use clearance, registration of conveyance deed and building plan approval,” Malhotra had submitted in the complaint.

Malhotra said: “The Congress had paid Rs. 4,229 as the first installment and that too after two years of plot allotment. Later, the allotment was cancelled for non-payment of dues. The then Congress-ruled improvement trust had decided to re-allot the plot in 1980 by allowing the allottee to pay rest of the three bi-annual installments and also waived off penal interest, terming the latter a social organisation instead of a political one.”

Walia said: “We will sit go through the court orders on Friday and will finalise our next course of action. We will surely file an appeal in an upper court.”

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