Both Housing Board/JMC served twice public notice to corner residential plot 31/4 for making land use change from residential to commercial but still big three floor restaurant is intact and third floor completed couple of months ago by covering 100% area from backside up to three floor level without JMC permission without parking facility
Owner also approached Housing Board in Jan 2018 for lease hold rights vide receipt No. 3532 dated 26-2-2019 but the same stands rejected even till date on ground that owner has raised commercial construction on residential plot
JMC under pressure, served owner BOCA notice under section 12(1) vide No. JMC/CEO/09/02/19 dated 8-5-2019 and after some time the owner was also served BOCA notice under 7(1) vide No. MJ/CEO/09/01/2019 dated 8-5-2019 and as per RTI reply, the owner didn’t reply to these BOCA notices vide No. JMC/CEO/373-75 which proved BOCA notices served to owner mere eyewash and also proved full support of JMC enforcement staff in favour of owner
Notwithstanding huge violations particularly of land use change from residential to commercial, construction of 2nd floor and covering of hundred percent area from backside upto 2nd floor level and most importantly without parking facility and covering main road as parking ,JMC didn’t serve any fresh BOCA notices proving their surrender before owner in lieu of illegal gratification
GY CORRESPONDENT
jammu, nov 17
Notwithstanding change of guards in Jammu Municipal Corporation, the old routine practice of khilafwarzi inspectors to patronize illegal constructions by smartly playing on the name of issuance of notice under 7(1), 7(3) and 8 (3) of BOCA have taken an alarming proportion which raised question marks on the functioning of higher ups in JMC especially the enforcement wing. Though, the JMC higher authorities during surprise visit in various parts of city themselves noticed scores of massive illegal constructions. Another money minting business is sealing and de-sealing of illegal structures especially commercial on frivolous grounds, reveal insiders. To put the things in perspective, one Anil Bakshi purchased a corner residential plot 31/4 main road Channi Himmat Jammu measuring 40×80 Sqft from original allottee Jagmohan Singh s/o Balwant Singh r/o New Plot Jammu and constructed commercial structure instead of residential without maintain setbacks neither from front side and backside. However the owner completed the construction against strong resentment of public and started running Restaurant under name and style, “Mint Leaf Restaurant” on ground and first floor. The owner surprisingly got licence to run restaurant from BDO Parmandal who was not competent to issue such a licence and also owner was duty bound to seek licence from Drugs control of Jammu which was not done and the same was also not taken care of concerned departments particularly Housing Board and JDA.
It deserves mentioning here that Housing Board taking serious cognizance of sheer breach of lease deeds and converting residential construction into commercial construction served the public notice to nearly 176 violators covering Sector-1 to Sector-7 which got duly published in print media dated 14-8-2006 under DIP No. DIP/J/478-P . As per notice, the violators were given 30 days time to reply to this notice. The residential plot in question 31/4 Channi Himmat Jammu was also served public notice for violation of lease deed for converting residential construction into commercial.
Meanwhile the owner approached Housing Board in Jan 2018 for lease hold rights vide receipt No. 3532 dated 26-2-2019 but the same stands rejected even till date on the ground that the owner has raised commercial construction on residential plot. However owner without getting site plan approved from JMC started construction of 2nd floor in April-May 2019 which was strongly resented by locals and also approached JMC regarding this. JMC under pressure, served owner BOCA notice under section 12(1) vide No. JMC/CEO/09/02/19 dated 8-5-2019 and after some time the owner was also served BOCA notice under 7(1) vide No. MJ/CEO/09/01/2019 dated 8-5-2019 and served owner 48 hours ultimatum to reply above mentioned BOCA notice meanwhile construction continued with help of then enforcement staff deputed in the area. As per RTI reply, the owner didn’t reply to these BOCA notices vide No. JMC/CEO/373-75 which proved BOCA notices served to owner mere eyewash and also proved full support of JMC enforcement staff in favour of owner.
However as guided by JMC enforcement staff to pacify protest of locals, the owner for sometime stopped operation of Restaurant and then came Covid-19 worldwide which literally closed several things even going out and coming out. However in the year 2022 the owner again started Restaurant but surprisingly under a new name and style, Moti Mahal. The owner meantime continued running restaurant and two months back started renovation work along with construction to cover hundred percent area from backside to use it for multiple purposes including rooms, stairs, entrance from backside upto three floors level but JMC didn’t move an inch which is not only unfortunate but also quite embarrassing on part of locals. As a result of which the owner has successfully managed three floors covering hundred percent plot area each 2900 Sqft Despite complaints by locals that those who visit this restaurant park their vehicles on main road causing traffic nuisance, JMC has not taken any cognizance of this what to speak of serving BOCA notices to owner. Moreover a complaint in this regard stand registered in Vigilance Department now Anti Corruption Bureau but JMC here also shielded violated commercial construction by replying to Anti Corruption Bureau that restaurant is closed when the reality is that unless during Covid-19 period the restaurant continued its operation without parking facility.
The leniency and callousness on part of JMC/Housing Board despite serving public notices to violators for land use change has resulted more such cases of land use change as the earlier public notice served to violators, there were 176 violators in the year 2006 which becomes nearly 227 in the notice served to violator in Jan 2020 in Sector-1 to Sector-7. Commissioner JMC should seriously introspect as every effort is being made by enforcement staff to destroy JMP-2032 and guidelines of Unified Building Bye-laws 2021.
