Owner against sealing of his premises dated 13-10-2023 approached Civil Subordinate Judge, Municipal Magistrate Jammu but could not get any relief. Then owner approached High Court to get his commercial premises de-sealed but appeal was dismissed. 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 successfully operating
JMC on the basis of written undertaking that owner will use his premises for residential purposes, de-sealed his premises conditionally in the year 2021 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, dec 5
Commissioner JMC peaches morals and ethics but does not practice those ideas himself and instead of becoming ‘protector becoming Turn perpetrator of JMP-2032 and Unified Building Bye-laws 2021. This is evident from the fact that despite whole of enforcement staff opposing commercial land use change of residential house at residential house No. 325-A Gandhi Nagar ,Apsara Road Jammu owned by one Suneesh Gupta wherein number of violations reports were submitted by enforcement staff from time to time but present Commissioner JMC has lend only deaf ear to such complaints and extended unfair help to owner resulting which now this two story commercial structure is at present running both national and international brands staking guidelines of Housing Board Zonal planned colonies and most importantly JMP-2032 and Unified Building Bye-laws 2021.
To put the things in right perspective, the fact of the matter is that the owner made several unsuccessful attempts to convert his residential house into commercial and JMC had sealed the building in the year 2017 dated 8-8-2017 vide No. JMC/CEO/177 under Section 8(1) . The owner approached Special Tribunal for de-sealing of his building which was turned down by Tribunal and dismissed his appeal. Thereafter owner in order to deceive JMC authorities having nefarious designs in mind of converting residential premises into commercial submitted written undertaking that he will never use his premises for commercial purposes. On the basis of which the JMC de-sealed his premises 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 Jammu vide No. STJ/217/2017 DATED 17-1-2018 BEFORE Chairman 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.
The owner in garb of getting de-sealing order in his favour nearly four months ago in the year 2023 started converting residential house into commercial one by completely changing internal dimensions and converting residential house into two full-fledged commercial halls and completely gave structure commercial look. On the complaints of locals , JMC enforcement staff reported violations in writing before higher concerned authorities but Commissioner JMC ignored all such violations reports and contrary directed enforcement staff to ignore action against owner lest he should complete total conversion of residential house into commercial one.
Moreover Print Media and Social Media very effectively highlighted eye catching violation of land use change from residential to commercial going on openly and brazenly along with pictures but Commissioner JMC didn’t move an inch even when enforcement staff brought the same into kind notice of Commissioner but no action taken on the ground. However Commissioner under huge public pressure and in order to save their skin in a eyewash endeavor served owner BOCA notice under section 7(1)vide No. JMC/CEO/17/01/2017-2023 dated 5-10-2023 which was insufficient keeping in view of huge violation of land use change.
Owner against this fresh BOCA notice approached Municipal Magistrate but could not get any relief from here. As a result of which the owner then knocked door of High Court Jammu vide WP © No. 2787/2023 dated 6-11-2023 but here also the appeal was dismissed as the appeal was without merit. The owner deliberately killed the time by moving from one court to another with a sole aim to spare time to complete conversion of residential building into commercial one . However in wake of LG Manoj Sinha’s visit for inauguration of projects under Jammu Smart City Ltd at Apsara road in an eyewash action sealed premises dated 13-10-2023 4th time when commercial structure was ready to operate in all respects after undertaking work openly since August 2023 till sealing order was served. 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. The eyewash sealing soon proved hoax as without any official order de-sealed the premises on 9-11-2023 which proved also mockery of BOCA notices and open patronage to violator in lieu of illegal gratification.
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.
