The Special Tribunal in Jammu has imposed a Rs 5 lakh penalty on Trinetar Hotel in Patnitop for operating for over a decade with fraudulently obtained building permission. This decision came after an appeal under Section 13 of the J&K Control of Building Operations Act, 1988, regarding the construction of Hotel Trinetar on a two-kanal plot of land in the village of Karlah.
The appellant, claiming to be the Attorney Holder of the landowner and proprietor of Hotel Trinetar, Shakuntala Kotwal, obtained a Power of Attorney on June 6, 2005. A notice under Section 7(1) of the J&K Control of Building Operations Act was issued by the respondent on December 4, 2020.
After hearing both parties, the Tribunal concluded that the appellant had benefitted for over a decade from fraudulently obtained building permission and had wasted judicial time with frivolous litigation for more than three years. As a result, the Tribunal imposed a Rs 5 lakh penalty on the appellant, to be deposited into the Advocates Welfare Fund within one month.
The Tribunal observed that the issues in this appeal were similar to cases pending before the High Court, including OWP No. 963/2012 and PIL No. 22/2018. It directed the respondent authority to conduct a thorough inquiry within one month and to initiate statutory proceedings under Section 7 of the COBO Act, 1988, based on the inquiry’s findings.
The Tribunal also set aside a defective demolition order but granted the respondent authority the liberty to prevent unauthorized use of the building under Bye Law No. 2.12 of the Jammu and Kashmir Unified Building Bye-Laws, 2011. This order does not affect ongoing investigations by the Anti-Corruption Bureau or the outcomes of pending High Court cases.
Additionally, the Tribunal instructed the registry to return the record to the Chief Executive Officer of the Patnitop Development Authority and to convey the order to relevant officials, including the Chairperson of BOCA Patnitop and the Deputy Commissioner of Udhampur. The order was also to be brought to the attention of the Financial Commissioner, Revenue, J&K, and other relevant administrative authorities.