Owner against sealing of his premises dated 13-10-2023 approached Civil Subordinate Judge, Municipal Magistrate Jammu but could not get any relief. There is every likelihood that the owner now will definitely approach High Court to get his commercial premises de-sealed. But the question remains where JMC was when this residential house was being converted into commercial one, why no action taken against owner at the initial stage of violation as a result of which now two story commercial structure is almost ready to operate
JMC on the basis of written undertaking that owner will use his premises for residential purposes, de-sealed his premises which was a deliberate ploy by owner to get his premises de-sealed and the reality was that since taking this residential house,he was pre-determined to use it for commercial purposes and the same proved true when owner successfully managed to convert his residential house into full-fledged commercial one.
Owner being habitual offender submitted written undertakings for de-sealing of his premises dated 11-10-2019, 29-11-2019 and 8-12-2020. The owner also submitted the affidavit duly attested by Special Mobile Magistrate (Traffic) Judicial Jammu stating that he and his family members are facing acute difficulty in entering his house as the front gate of building is sealed. The owner further agreed on oath to use his premises for domestic purpose only but never abide by written undertakings
GY CORRESPONDENT
jammu, oct 30
Even as the Jammu Municipal Corporation is claiming to act tough against the illegal constructions within its limits, several such constructions including deviation from approved sites plan have mushroomed across the city while the authorities act as mute spectators. There is no dearth of rules, by-laws, and statutory provisions that govern the conduct of construction activities in Indian cities. However, illegal construction continues to thrive. Even as the illegal constructions has become a pain in the neck for Jammuites, the law enforcing agencies have failed to curb the menace effectively particularly in Jammu city where the action taken against the violators, who gave a thumb down to set rules of law, is close to miniscule. It has been widely established that JMC in most of cases of unauthorized construction deliberately delays action against violators at the initial stage of violations and when these unauthorized construction reach nearing completion it starts action resulting in matter reaching Tribunal and then Courts wasting their valuable time which could have been avoided had the JMC serious about action at initial stage of construction.
The live example of this is conversion of residential house at 325-A Gandhi Nagar Jammu into full-fledged commercial by owner Suneesh Gupta whose commercial building has been sealed dated 13-10-2023 4th time when commercial structure is ready to operate in all respects after undertaking work openly since June 2023 till sealing order was served. It deserves mentioning here that no fresh sealing order has been served to owner but the continuance of an old de-sealing order vide No. JMC/Estt/3087-91 dated 30-6-2021 by then Commissioner JMC Avna Lavasa which was earlier sealed under section 8(1) vide No. JMC/CEO/177 dated 8-8-2017. The owner against this notice filed application before J&K Special Tribunal whereas Tribunal Vide No. STJ/28/18 dated 19-1-2018 which directed JMC to listen to owner and that Enforcement Inspector concerned under supervision of Joint Commissioner (A) will ensure that the owner in no case uses his premises for any other purpose other than residential. According to this de-sealing order, the owner had produced written undertaking duly stamped and attested by First Class Magistrate that in no case he will use his premises for commercial purposes but the owner as per report of enforcement Inspector dated 12-4-2019 started using his residential houses ground floor for commercial purposes and on the basis of this report, the building was again sealed vide No. JMC/CEO/161-62 dated 21-9-2019. However owner being habitual offender submitted written undertakings for de-sealing of his premises dated 11-10-2019, 29-11-2019 and 8-12-2020. The owner also submitted the affidavit duly attested by Special Mobile Magistrate (Traffic) Judicial Jammu stating that he and his family members are facing acute difficulty in entering his house as the front gate of building is sealed. The owner further agreed on oath to use his premises for domestic purpose only. On the basis of this, JMC de-sealed premises on the condition that the owner will use his premises for residential purpose only and for no other purpose . If any deviation is noticed in from residential to commercial, the premises shall be sealed forthwith and no further appeal shall be allowed thereafter. Moreover the Enforcement Inspector concerned shall report about the status of permission 1st and 15th of every month. However the reality was that since taking this residential house ,owner was pre-determined to use it for commercial purposes and the same proved true when owner successfully managed to convert his residential house into full-fledged two story commercial one by properly fitting steel shutters by removing existing windows and doors and putting up huge glass towards front side clearing intentions what’s going to be dealt with mentioning of top brands like Titan World, Fastrack, Helios, Titan Eye+ thus openly declaring commercial premises at residential house.
However the owner against sealing order of premises dated 13-10-2023 approached Civil Subordinate Judge, Municipal Magistrate Jammu but could not get any relief from here and the commercial premises is still closed. As per sources the owner has withdrawn his appeal after no relief provided. There is every likelihood that the owner now will definitely approach High Court to get his commercial premises de-sealed. But the question remains where JMC was when this residential house was being converted into commercial one, why no action taken against owner at the initial stage of violation as a result of which now two story commercial structure is almost ready to operate.
One thing is sure that J&K Govt is totally non-serious in implementing JMP-2032 in letter and spirit live example of which is quite visible in Gandhi Nagar and Channi Himmat Govt Housing Board Colonies where hundreds of unauthorized structures have been raised with the support and encouragement of JMC enforcement staff which has always been hand in glove with violators resulting in huge commercial constructions on residential plots much to the despair and agony of locals now strongly regretting buying a residential plot in Zonal planned colonies. Instances of open violations of approved site plans have been brought from time to time in kind notice of JMC authorities and that too from initial stage of violations but JMC enforcement staff rather than reporting violations to their higher authorities have managed violations at their own by embracing violators at the cost of serious damage to JMP-2032/Unified Building Bye-laws 2021 and huge loss to Govt exchequer besides resulting in unplanned development in area that too when these violations have been amply highlighted in print media with all details of violations along with pictures of violated construction.
