Contempt petition moved in Congress Bhawan case

Tribune News Service

Jalandhar, November 27

The District Congress Committee is reportedly in trouble again over the issue of illegal construction at Congress Bhawan as the complainant in the five-year-old case, Manit Malhotra, has now moved a Contempt of Court petition on the matter in the District Courts.

The court of Additional District Judge Manjinder Kaur issued a notice to the respondents today. The next hearing is slated for November 29.

The matter pertains to inaction by the MC after the orders passed by the Commissioner in June 2013 regarding the demolition of 12 illegal shops in Congress Bhawan. The DCC had filed an appeal against the orders in the District Courts on October 10, 2013, which was dismissed on September 19, 2016.

The court of Additional District Judge Gurnam Singh Dhillon had said in the order, “An illegal construction was raised by the appellants about 30 years back. Officials of the Municipal Corporation, Jalandhar, failed to proceed against the illegal construction because the illegal act was done by the ruling political party at that time. It was only after enlightened public spirited citizens filed a Civil Writ Petition before the Punjab and Haryana High Court that the MC, Jalandhar, was awakened from its deep slumber.”

“Despite the impugned order having been passed on June 10, 2013, and no order being passed by this court staying the execution of the order, the authorities of the Municipal Corporation failed to act against the illegal construction. I am afraid that even after passing of the order in this appeal, the authorities of the Municipal Corporation will fail to take any action. In these circumstances, it is ordered that the DCC shall within 15 days from today, demolish the illegal construction at their own cost. On the expiry of the period of 15 days, the Municipal Corporation, Jalandhar, shall have 15 days’ time to demolish the legal construction and to recover the cost of the said demolition from the appellants.”

In case, neither of the two parties demolishes the constructions as per the order of this court, the respondents shall be legally entitled to file a contempt petition before this court for getting the said construction demolished and for initiating action against the officials of the Municipal Corporation who failed to do their duties.”

Background

An allotment of 1 kanal 8 marla and 40 square land in the Rajinder Nagar scheme of the Jalandhar Improvement Trust had been done to Congress Bhawan at a reserve price of Rs 16,915. 94 in 1973-74. In January 2012, RTI activist and BJP leader Manit Malhotra had dug up the issue that the shops had come up illegally without taking the CLU and without getting plan for the same sanctioned. He sought a reply from the JIT, but could not get it and approached the High Court on the issue. On August 23, 2012, the Punjab and Haryana Court had passed an order, telling the JIT Chairman to provide information on the matter in three months. Since the scheme had been handed over to the MC, the officials of the two departments kept on passing the buck. Finally, the MC staff got into action and started measurements, before passing order terming shops to be illegal on June 10, 2013.

Orders of then MC Commissioner

The then MC Commissioner Vinay Bublani had got the site measurement done on May 21, 2013, wherein it was found that 10 out of 12 shops had been constructed in houseline on the north west side of plot and two shops at the rear of the plot opening towards the PUDA market on the north east side. He had pointed out technical violations, “As per the site plan, there is a houseline of 18 feet on the front side and 15 feet running alongside the north west side of the plot along road. There is also no opening permissible towards backside of the plot— north east.” The MC had even issued a show-cause notice on May 25 to the DCC under Section 269 (1) of the Punjab Municipal Corporation Act 1976.