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 every time started commercial activity which puts question mark on functioning of JMC being so lenient and loyal towards owner at cost of JMP-2032 and Unified Building Bye-laws 2021
Despite a prominent condition of de-sealing of premises and also Commissioner JMC’s direction to Assistant Enforcement Officer, Enforcement Inspector to keep strict vigil on said premises that the owner shall not use the said premises for any commercial use failing which same shall be re-sealed by the authorities without any further notice, it is disgusting to note that how since 24-8-2023 ,the jeweler show room is running in residential area of Channi Himmat zonal planned colony
Now a proper sitting arrangement for security guard stands erected using road area and the pictures clicked by aggrieved locals on 27-11-2023 testify the same with lights on and customers making purchases and their vehicles parked on main road of colony causing traffic nuisance and traffic jams causing inconvenience to everyone who passes through this road
GY CORRESPONDENT
JAMMU, NOV 27
Notwithstanding outgoing Mayor Rajinder Sharma taking a big stride to weed-out corruption in JMC with launching a mobile phone app ‘My Jammu’ wherein building permission in the city can be checked for every JMC Ward, the same hasn’t been implemented on the ground terming it another strong step for ensuring ‘Imandar Jammu, Shandar Jammu’-the public friendly anti-corruption campaign launched by the Mayor himself to eradicate corruption from the government machinery. But all this is still in air and enforcement staff is back to ground zero and doing the same what it was doing in the past.
The live example of this is JMC conditionally de-sealed premises of one Rajinder Kumar Jain s/o Lt Roshan Lal Jain r/o House No. 8/6 Channi Himmat Jammu Ward-50 vide No. JMC/Estt/7010-13 dated 24-8-2023 by Commissioner JMC with a direction to Assistant Enforcement Officer, Enforcement Inspector to keep strict vigil on said premises that the owner shall not use the said premises for any commercial use failing which same shall be re-sealed by the authorities without any further notice. However earlier the premises was sealed as the owner contrary to approved residential site plan constructed basement as big commercial hall to run Jeweller Showroom under name and style Roshan Shah Jewellers with separate power connection as residential 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. It deserves mentioning here that JMC earlier served owner notice under section 7(1) of COBO Act 1988 for converting his residential premises to commercial use and that owner has changed land use from residential to commercial and that the said illegal conversion of land use seriously affects the planned development of Jammu city and contravenes the zoning regulation. However reply submitted by owner against this notice was unsatisfactory and as a result of which the premises was sealed again by JMC under section 8(1) of J&K COBO Act 1988 on 25-1-2022. Meanwhile the owner against order of 8(1) of J&K COBO Act was filed before Hon’ble High Court by Rajinder Kumar Jain on 15-2-2022. High Court passed direction that until further orders of this Court,the impugned order dated 25-1-2022 for sealing shall remain in abeyance provided the owner gives an undertaking on affidavit before Secretary JMC that he will not use the premises for any commercial use. In case he would like to use it for commercial purposes,he would obtain prior in writing of Municipal Corporation.
Accordingly in compliance to Hon’ble High Court directions, the owner applied for de-sealing of his premises on 21-2-2022 and also submitted an affidavit that he will not use premises for ny commercial activity. Thereafter the premises got de-sealed on 7-3-2022 vide order No.JMC/CEO/1203-08.Owner being a habitual offender and as per reports of Enforcement Inspector deputed in the area on 12-3-2022 and 2-5-2022 reported that the owner again started commercial activity. The owner as a result of which was served non-statutory notice on 17-5-2022 vide No.JMC/CEO/186-88 in which the owner was directed to submit an explanation within two days positively failing which the premises will be sealed again, besides appropriate action under rules will be initiated against him. In response to this notice, the owner submitted reply dated 23-5-2022 with statement that he has closed the main gate. But during surprise visit on 27-9-2022 and 1-10-2022 at the site, it was reported that owner had again started commercial activity in the said premises in violation of High Court order and against affidavit given by owner along with reply submitted on 23-5-2022. Following which the building was again sealed by JMC vide order No.JMC/CEO/1207-12 dated 23-11-2022.
The owner in response to this again submitted an application to de-seal his premises dated 22-6-2023 along with an affidavit duly attested by Judicial Magistrate 1st Class claiming that due to sealing of his premises , it is very difficult for his family to live happily and comfortably in the house together. JMC on humanitarian grounds de-sealed the premises vide No. JMC/Estt/7010-13 dated 24-8-2023 by Commissioner JMC with the directions to concerned enforcement staff to keep strict vigil that owner shall not use his premises for any commercial activity after de-sealing failing which same shall be re-sealed by the authorities without any further notice.
However locals strongly protested commercial activity in residential area and also an RTI application filed by one whistle blower dated 10-10-2023 to know on what basis the premises of owner was de-sealed as the owner was running jeweler showroom under name and style Roshan Shah Jewellers. Secretary JMC who is also incharge BOCA Authority Channi Himmat area made a wrong reply that the plot 8/6 is sealed whereas the reality is that since the JMC de-sealed premises on humanitarian grounds dated 24-8-2023, the owner continuously running jeweler showroom since then. Now a proper sitting arrangement for security guard stands erected using road area and the pictures clicked by aggrieved locals on 27-11-2023 testify the same with lights on and customers making purchases and their vehicles parked on main road of colony causing traffic nuisance and traffic jams causing inconvenience to everyone who passes through this road. 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.
It is very unfortunate and disgusting to note that JMC despite knowing that Rajinder Kumar Jain has been a habitual offender yet again de-sealed premises on 24-8-2023 and from same date commercial activity is going on 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.
As per new guidelines framed by outgoing Mayor Rajinder Sharma After 7(1) BOCA notice there should be 7(3) notice within three days if reply to the earlier notice remains unsatisfactorily. If 7(3) notice is not issued then notice of 8(1) for sealing the complex is issued.“But a wrongdoing was going on and the Enforcement Officers were not issuing notices of 7(3) as their palms were greased. Now as the system has been made online such concerned officers become bound to issue notice of 7(3) following that of 7(1).
.“Earlier responding to grievances the officers used to write on papers that the concerned grievance has been addressed but now public has been empowered to reopen the file of their grievances if they are not satisfied. In this way the concerned officer dealing with a particular grievance will again get it and if the same grievance visits a particular officer thrice then action shall be taken against him/her. But all this so far has proved mere only on papers and none the above mentioned guidelines have been implemented on ground and the live example of which is conditional de-sealing of jeweler showroom under name and style Roshan Shah Jewellers functioning on residential plot 8/6 in contempt 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.
