Owner earlier against approved site plan constructed three equal floors each covering an area of more than 1700 Sqft and also owner from front side left only 5 ft and that too by extending nearly 2ft galleries on each floor whereas she was to leave 12 ft ,likewise from backside the owner left only 5 ft that too extending nearly 2 ft gallery on first , 2nd floor and third floor
Owner was served COBO notice under provision of Section 7(1) of J&K Control of Building Operation Act,1988 to owner vide No.MJ/CEO/68/1/21 dated 19-1-2022 reporting that owner has violated ground floor slab projection by 230 Sqft against approved site plan , construction at ground floor 1174 Sqft and owner has constructed ground floor covering an area of 1169 sqft ,first floor 1065 Sqft and 2nd floor 1065 Sqft
Owner was also served BOCA notice under Section 7(3) of J&K Control of Building Operation Act 1988 vide No.MJ/CEO/68/3/21 dated 11-3-2022 after lapse of two month but surprisingly keeping owner’s violations below 10 % to pave way for compounding of violations in J&K Special Tribunal and intentionally keeping the violations altogether same as was mentioned in COBO notice served under 7(1) to owner and didn’t mention violations on first and 2nd floors on the basis of which owner got status Quo from Tribunal
GY CORRESPONDENT
Jammu, nov 24
The aristocratic and prejudice functioning of JMC and particularly enforcement staff who is playing into hands of violators and serving and implementing COBO notices in such a way that on one hand they ensure maintenance of their so called hard image of taking action against violators instantly and on the other hand implement these notices in such a way that they ensure sufficient flexibility and time to violators to continue their unauthorized construction and thus themselves make COBO notices mere cosmetic exercise without taking any follow-up action thus least bothering about implementation of JMP-2032. However as long as whistle blowers are alive ,JMP-2032 will be implemented to some extent but if avoid their duty , JMC in no time will convert Housing Board Zonal planned colonies a concrete Jungle in no time.
To put the things in perspective ,one Varun Mahindru s/o Kamal Mahindru of a residential triangular corner plot No. 575-B measuring 2115.62 Sqft in Sector-3 near Petrol Pump and Cremation Ground of Channi Himmat in Ward-50 Channi Himmat Govt Housing Colony has given his building on rent wherein AA Creations dealing with hair, makeup, skin care, fashion, nail art Spa and also readymade garments mostly winter collection under the nose of JMC authorities without any parking facility in altogether residential area when JMC approved residential site plan vide No.134/JMC/BS/2019 dated 29-6-2019.
It deserves mentioning here that earlier one Sharanjeet Kour wife of Late Inderjeet Singh became legal owner after her husband’s death on 11-12-2009 of a residential triangular corner plot No. 575-B measuring 2115.62 Sqft in Sector-3 near Petrol Pump and Cremation Ground of Channi Himmat in Ward-50 Channi Himmat Govt Housing Colony. According to approved site plan , the owner was allowed ground floor 1174 Sqft and first and 2nd floor 1065 Sqft each. As per approved site paln,the owner was duty bound to maintain requisite setbacks that is from front side 12 ft and rear 8 ft with open area 942 sqft and paid development charges Rs 9082 and Rs 5000 for Malwa and Septic tank charges with labour cess Rs 39648.` However owner against approved site plan constructed three equal floors each covering an area of more than 1700 Sqft and also owner from front side left only 5 ft and that too by extending nearly 2ft galleries on each floor whereas she was to leave 12 ft ,likewise from backside the owner left only 5 ft that too extending nearly 2 ft gallery on first and 2nd floor whereas on third floor one ft gallery is kept and another ft demolished with steel quite intact besides there are three galleries each measuring nearly 3ft to the left of front side. It deserves mentioning here that when construction was at initial stage and also at every stage of construction, locals several times brought into kind notice of then enforcement staff deputed in the area namely Enforcement Inspector Ram Khajuria and now also took no action against violator and infect extended full help to violator in lieu of illegal gratification This was done even when all these violations were covered and published by Golden Yug daily English Newspaper dated 29-12-2021 and March 24th 2022, 12-5-2022. JMC however huge public pressure and strong resentment served COBO notice under provision of Section 7(1) of J&K Control of Building Operation Act,1988 to owner vide No.MJ/CEO/68/1/21 dated 19-1-2022 maintaining that as per report of Khilafwarzi Inspector deputed in the area had raised the construction at 575/B Sector-3 Channi Himmat against the approved site plan vide No.134/JMC/BS/2019 dated 26-6-2019.It deserves mentioning here that in the COBO notice it was mentioned that the owner has violated ground floor slab projection by 230 Sqft against approved site plan besides maintaining that the construction at ground floor 1174 Sqft and owner has constructed ground floor covering an area of 1169 sqft ,first floor 1065 Sqft and 2nd floor 1065 Sqft and maintaining that the owner has maintained setbacks properly and there is violation by whisker and other side 5 ft was in accordance with approved site plan which means that no violation was done but the reality at the site was contrary to claims in COBO notice. However when owner did not provide satisfactory reply which was not based on facts to notice, JMC served owner another COBO notice to owner under provisions of Section 7(3) of J&K Control of Building Operation Act 1988 vide No.MJ/CEO/68/3/21 dated 11-3-2022 after lapse of two month and asked to show cause as to why the Khilafwarzi/violations should not be demolished but surprisingly mentioning violation at ground floor possession only making no mention of violations at first and 2nd floor and galleries as well from front and back side particularly with regard to height , the height of ground floor was mentioned and didn’t mention height of other two floors which were raised during status Quo in place dated 19-4-2022. This was done to keep owner’s violations below 10 % to pave way for compounding of violations in J&K Special Tribunal and intentionally keeping the violations altogether same as was mentioned in COBO notice served under 7(1) to owner.
Worthwhile to mention here that in both the COBO notices it was wrongly mentioned that the owner has not done any violation with regard to front side maintaining that the owner was supposed to keep 12 Ft from front side and the same has been kept by owner, likewise with regard to rear it was proper at 8 ft. However when our team reached at the site on 23-3-2022 at noon along with experts on the subject, it was found that violations were beyond as mentioned in COBO notices as the owner has occupied eighty five percent plot area under construction which becomes approximately more than 1700 Sqft besides no open area such as 942 Sqft was available at site .
Surprisingly JMC served COBO notice under section of 7(3) to Sharanjeet Kour but in place of her one Varun Mahindru s/o Kamal Mahindru approached J&K Special Tribunal where there was no mention that he is general power of attorney holder and on behalf of original owner he is defending against serving of COBO notice which means that now owner of this residential plot is not Shranjeet Kour but Varun Mahindru son of Kamal Mahindru a retired Govt officer from a reputed post. Varun Mahindru however got status Quo but it was not implemented by JMC as the construction work continued and commercial construction on residential plot completed successfully.
