When this commercial structure in garb of residential approved site plan was being raised, JMC took no action against owner despite strong resentment from immediate neighbors with a sole aim to run business and accordingly constructed his residential house in such a way that business can be run also there
Owner made a bizarre reply that his structure is situated in a totally commercialized area by mentioning that in front of his house there is ATM of PNB and PNB Bank and a shop selling tyres and tubes and that almost entire adjoining area is commercial for running unauthorized showroom on residential plot’s ground floor as commercial hall under section 8(1) vide order No.JMC/CEO/971-75 dated 25-1-2022
Owner after starting showroom applied for fresh residential connection in order to manage decent power supply as is required in case of big Jeweller showroom vide ID No. 0102010059627 Rate Code-1st to hoodwink public that this is residential structure
Owner being habitual offender made mockery of Hon’ble High Court order and also the written undertakings given by him that he will never use his residential construction into commercial construction on his residential plot 8/6 everytime started commercial activity and as a result of which JMC again sealed premises 25-11-2022 under provision of section 8(1) of COBO Act 1988 vide order No JMC/CEO/1207-12 dated 23-11-2022 for running jeweler showroom under name and Style Roshan Shah Jewelers
GY CORRESPONDENT
jammu, oct 11
Jammu Municipal Corporation now days have come out with unique setup to save commercial constructions in residential areas in lieu of huge illegal gratification by enacting sealing and de-sealing drama which is nothing but to authenticate commercial construction in residential areas by first sealing and then de-sealing unauthorized commercial constructions on receiving simple undertaking that that owner won’t use his/her building for commercial use and also in case of construction that they will raise structure strictly in accordance with approved site plans surprisingly which JMC gracefully accepts irrespective of beyond compoundable violations at site against JMP-2032 and Unified Building Bye-laws 2021.
To put things in perspective, one Rajinder Kumar Jain (Jeweller) allotted a residential plot 8/6 measuring 50×100 (5000 Sqft) Channi Himmat Ward-50 by J&K Housing Board . The owner accordingly got approved residential site plan from JMC vide No. JMC/141/JMC/BS/2007 dated 17-5-2007. The owner according to then existing Master Plan 2021 was entitled 40% construction area and was duty bound to observe mandatory setbacks. However owner contrary to approved residential site plan constructed basement as big commercial hall to run Jeweller Showroom towards front road side which is also main road of Channi Himmat Zonal planned colony and constructed two floors residential with provision of two entry gates from front side one for residential house and one for showroom.
Surprisingly when this commercial structure in garb of residential approved site plan was being raised, JMC took no action against owner despite strong resentment from immediate neighbors. with a sole aim to run business and accordingly constructed his residential house in such a way that business can be run also there with the help of then JMC Enforcement staff as the construction was not taken as per approved site plan. The owner being from Jain community was predetermined to run jewelers business as he was already running Jeweler shop at shop-96 Jain Bazzar Jammu under name and style Roshan Shah Jeweler here in Channi Himmat also.
The owner then applied for single power connection for whole of premises residential power connection Rate Code 1st and allotted connection vide ID No. 0102010032578. Accordingly owner started running jeweler showroom at 8/6 Channi Himmat Jammu at basement on ground floor which was constructed beyond approved site plan having big entry gate just like shutter from 12-1-2022 and the same was inaugurated by none other than previous Mayor JMC Chander Mohan Gupta which is a residential plot and as per JMP-2032,no one is allowed to venture commercial activities on residential plot in zonal planned colony Channi Himmat which was facilitated by enforcement staff as the enforcement staff deputed in the area namely then enforcement officer Sunil Gupta and Ram Khajuria Assistant enforcement Inspector was present during opening ceremony of jeweler showroom what to speak of taking action against owner who silenced their objections by paying them heavily.
Owner after starting showroom applied and got another residential power connection in order to manage decent power supply as is required in case of big Jeweller showroom vide ID No. 0102010059627 Rate Code-1st to hoodwink public that this is residential structure. However under huge public pressure JMC served owner BOCA notice under Section 7(1) dated 8-1-2022 for converting residential construction into two parts one keeping residential and another portion as commercial after getting site plan approved as purely residential and served 48 hours ultimatum as to why not Khilafwarzi /violations should not be sealed. The owner while replying to notice served him under section 7(1) of COBO Act 1988 dated 10-1-2022 maintained that his structure is situated in a totally commercialized area by mentioning that in front of his house there is ATM of PNB and PNB Bank and a shop selling tyres and tubes and that almost entire adjoining area is commercial. Due to unsatisfactory reply by owner, JMC sealed the unauthorized showroom on residential plot’s ground floor as commercial hall under section 8(1) vide order No.JMC/CEO/971-75 dated 25-1-2022.
Meanwhile owner against this sealing order approached hon’ble High Court under case WP© No.202 of 2022 dated 14-2-2022.The senior Counsel of petitioner claimed that the owner has not done any erection or re-erection of any building and that petitioner was not given any notice or opportunity of hearing before passing the impugned order besides that Section 8 (1) of BOCA Act does not apply. However Counsel from JMC claimed that there is no permission in favour of owner to use residential room into commercial purposes as it results in violations of provisions of Act as such JMC is fully within its domain in directing for sealing of aforesaid unauthorized showroom. Hon’ble Then Chief Justice Pakaj Mithal, Hon’ble Mrs Justice Sindhu Sharma,Judge in their verdict dated 15-2-2022 ordered that the impugned order dated 25-1-2022 for sealing shall remain in abeyance and the owner can’t use the premises for commercial purposes till the final disposal of final verdict and still trial is going on before Hon’ble Double Bench.
However as per hon’ble High Court directions, the owner submitted written undertaking on affidavit attested by Special Mobile Magistrate Jammu that he will not use residential construction for commercial purposes dated 21-2-2022 with prior permission of JMC and on the same day JMC vide No.JMC/CEO/1203-08 Dated 7-3-2022 de-sealed premises. However the owner despite giving undertaking again started running jeweler showroom with the help of JMC enforcement staff deputed in the area of which our team is witness whereby lights were on and staff was duly placed and the movement of people was also witnessed making purchases with two security guards outside. The testimony of this is huge rush witnessed after owner circulated pamphlets offering 20% discount on gold items and the same message made several rounds on social media. It is more unfortunate that there is no parking facility at all the area being hundred percent residential.
But habitual offender Rajinder Kumar Jain who made mockery of Hon’ble High Court order and also the written undertakings given by him before JMC that he will never use his residential house for commercial purposes on his residential plot 8/6 measuring 50×100 (5000 Sqft) Channi Himmat Ward-50 again started commercial activity and as a result of which JMC again sealed premises 25-11-2022 under provision of section 8(1) of COBO Act 1988 vide order No JMC/CEO/1207-12 dated 23-11-2022 for running illegal jeweler showroom under name and Style Roshan Shah Jewelers on residential house against approved site plan No. JMC/141/JMC/BS/2007 dated 17-5-2007 and making land use change without prior permission of JMC after JMC enforcement staff visited premises on 12-3-2022 and 2-5-2022 and found commercial activity there.
JMC under public pressure served owner final Notice under Section 7(1) vide No.JMC/CEO/1035-38 dated 21-10-2022 served on 31-10-2022 as per sources after making ample use of Diwali season last year claiming that during surprise visit on 27-9-2022 and 1-10-2022 at the site,it has been reported that owner again started commercial activity in the said premises which is in violation of High Court order and against the affidavit given by owner along with reply submitted by owner dated 23-5-2022 and as such owner was directed to submit explanation within two days from the receipt of this notice positively failing which owner’s premises will be sealed again under the provision of COBO Act 1988 without any further notice. The owner while replying to this final notice gave unsatisfactory reply but showroom continued running and in light of serious violations, the showroom finally sealed on 23-11-2022. The locals who were agitating from day one when this showroom was inaugurated had expressed gratitude to JMC higher authorities for taking delayed but right decision of sealing showroom and expected that other unauthorized constructions should meet the same fate.
As now Diwali is once again approaching fast, the owner with a sole aim to make handsome earnings then again adopted his old tactic of submitting undertaking that he will never use his premises for commercial purposes but JMC despite knowing that Rajinder Kumar Jain has been a habitual offender yet again de-sealed premises on 24-8-2023 vide No.JMC/Estt/7010-13 after owner submitted an application to de-seal his residential house dated 22-6-2023 along with an affidavit duly attested by Judicial Magistrate 1st class that he would not resort and commercial activity from his residential house . However de-sealing has been done on the condition that if the owner use his residential house for commercial purpose then his premises will be sealed again and Enforcement Inspector deputed in area has been asked to keep strict vigil on owner so that he keeps his words and in no case use his residential house for commercial purpose.
However as was witnessed in other undertakings, the owner once again started commercial activity the very next day of de-sealing of his premises with lights on during daytime with security guards well in place outside entrance gate and customers making purchases in and out which is not only highly questionable on part of JMC but also mockery of BOCA Act and contempt of Hon’ble High Court order where still trial is going on. Commissioner JMC must answer what’s going on in JMC, why JMC favoring violators at the cost of JMP-2032 and Unified Building Bye-laws 2021 by ignoring main aspect of parking in case of commercial activity in residential areas.
