Despite Status Quo against JMC demolition notice under 7(3) dated 4-11-2023 in place, owner of residential plot-3, Sector-4 Channi Himmat undergoing finishing work under cover of opaque sheet on three unauthorized commercial floors without maintaining setbacks making contempt of Tribunal Status Quo order

JMC to save their skin under huge public pressure served owner BOCA notice under section 7 (1) dated 6-7-2023 nearly after 120 days since start of construction projecting huge violations of 42.40% on ground Floor , 67.88% on first floor, 28.35% 2nd floor and owner also didn’t maintain mandatory setbacks particularly rear which was supposed to left 4.7 mtr but owner left 1.3 mtr thus making violation of 72.34% besides violations in height as 3.71% and side-2nd with 100% violation
Violations as mentioned in notice under 7(1) vide No. JMC/CEO/33/01/23 dated 6-7-2023 were much higher than projected by JMC as there was no deliberate mention of construction of basement to save unauthorized commercial construction of owner on residential plot against approved residential site plan. Moreover owner was served 48 hours ultimatum but till serving demolition notice dated 4-11-2023 no follow-up action taken allowing owner to complete commercial construction after approving residential site plan
JMC answerable as to why it took one long year to serve BOCA notice to owner, when construction of three unauthorized commercial floors was almost complete. Moreover JMC should also tell why even after two months of serving owner BOCA notice under 7(1) dated 6-7-2023 even today the finishing work is going on and why no follow-up action taken against owner when the existing commercial construction either should be sealed for ever or should have been demolished.
GY CORRESPONDENT
jammu, dec 13
JMC Bosses regularly come under questions in High Court, Tribunal and other Subordinate Courts & by public on various issues .Because of their leniency and dereliction of duty on part of enforcement staff has already wasted precious times of above mentioned prestigious institutions as had the performed their duty sincerely, there would have been no such violations and every construction would have been in place strictly in accordance with approved site plans but unfortunately might is right is what prevails in functioning of JMC. Particularly JMC’s BOCA notices have become laughing stone for everyone have proved mere formality in absence of its implementation. Seemingly the concerned officials of the enforcement wing in Wrd-50 had shut their eyes, blinded by the considerations which can’t be termed fair and reasonable and the same is done openly as the concerned higher officials extend unfair patronage to enforcement staff and in this way a strong nexus is developing and getting stronger with every passing day.This is evident from the fact that one Dr. Ashok Kumar Saraf s/o Rattan Chand Saraf owner of residential plot No. 3 in Sector-4 Channi Himmat Housing Board Zonal planned Colony measuring 50×100 Sqft on main road of Channi Himmat Housing Board Colony served demolition BOCA notice under provision of section 7(3) vide No. JMC/CEO/33/03/23 dated 4-11-2023 for raising three floors beyond approved site plan No. 895/JMC/BS/2022 dated 18-7-2022 making huge violations including violation of 42.40% on ground Floor as he was allowed 209.1 Sqm (2250 Sqft) but constructed 297.77 sqm (3205 Sqft). Likewise, the owner made violation of 88.67% ( 954 Sqft) on first floor as he was allowed 174.4 Sqm ( 1873 Sqft) but constructed 292.80 sqm (3151 Sqft) . Similarly the owner was allowed 2nd floor as 133.5 sqm (1436 Sqft) but constructed 171.36 Sqm(1844 Sqft) and making violation of 28.35% (408 Sqft). The owner also didn’t maintain mandatory setbacks particularly rear which was supposed to left 4.7 mtr but owner left 1.3 mtr thus making violation of 72.34%. In this way the owner was allowed total area including three floors as 5559 Sqft including porch but covered 8204 Sqft thus making violation of 2645 Sqft besides setbacks and height of building was also not maintained a per approved site plan. Besides, JMC deliberately didn’t mention construction of basement constructed by owner. Also owner was duty bound to leave side-1 as 2 mtr but left 1.3 mtr making violation of 0.7 mtr which was 35%. The other side (side-2nd) was to be left by owner by 3 mtr but left nothing and thus made 100% violations. Finally the height of building was fixed 10.5 mtr but owner extend it up to 10.89 mtr thus making violations of 3.71% asking owner to reply to this show cause notice within five days as to why khilafwarzi/violations raised by him should not be sealed/demolished failing which the same will be done by JMC at owner’s cost and risk as the owner raised three violated commercial floors on residential plot without maintaining setbacks against approved residential plot. Moreover the construction of basement was not disclosed by JMC in 7(3) BOCA notice. It deserves mentioning JMC after serving BOCA notice under section 7(1) dated 6-7-2023 didn’t take any action against owner till 7(3) notice served to him dated 4-11-2023 providing suitable time of nearly 120 days when the construction was almost complete and the finishing work being given final touch to complete his commercial construction on residential plot which proves that owner is enjoying patronage of JMC lower as well as higher staff in lieu of illegal gratification. JMC however under huge public pressure and after print media very effectively highlighted the violations, JMC nearly after one year since start of construction served owner BOCA notice under provision of section 7(1) vide No. JMC/CEO/33/01/23 dated 6-7-2023 which was never replied by owner. The owner against 7 (3) notice approached J&K Special Tribunal Bench-II vide File No. STJ/216/2023 dated 8-11-2023 and got status Quo order on 10-11-2023 directing both owner and JMC BOCA Authority to maintain status Quo till next date of hearing. The owner against BOCA notice before Tribunal also attached digital photograph with geo-coordinated stamp and made appeal that JMC BOCA Authority may be restrained temporally to undertake demolition drive and the JMC was also directed to furnish factual documents during next date of hearing 5-12-2023. Sources have disclosed that JMC has not submitted factual report and the next date of hearing is on 2-1-2024. But surprisingly when our team visited site on 13-12-2023 found that finishing work was going on at the site including floor ceiling work, marble laying work towards front side and white washing (Putti work) from back side under cover of opaque sheets which exposes credibility of these BOCA notices which so far have been served as mere an eyewash action just for keeping it for record sake on part of JMC which are being used by JMC when it finds itself in tight spot under public pressure. Worthwhile to mention here that the owner has also dug commercial Tube-well without permission of PHE Department which means the requisite fee of tube-well connection worth Rs 20000 hasn’t been deposited and also avoiding monthly rent of tube-well also and for which has already taken residential power connection vide ID No.0102010083155. There is every likelihood that the owner being a Doctor by profession is all-set to run nursing home on residential plot and after getting residential site plan approved in his favour.
JMC should seriously introspect how non-stop commercial construction on residential plot is going on for the last one year and also why JMC took one long year to serve BOCA notice to owner when construction of three unauthorized commercial floors was almost complete. Moreover JMC should also tell why after more than four months of serving owner BOCA notice under 7(1) dated 6-7-2023 served demolition notice dated 4-11-2023 providing suitable to owner to complete his violative construction that too not projecting actual violations and also construction of basement and how even today the finishing work is going on and why no follow-up action taken against owner when the existing commercial construction either should be sealed for ever or should have been demolished long ago.