Compoundable violations included ground floor 1076.20 Sqmt, first floor as 1084.57 Sqm, 2nd floor as 1270.81 sqm and third floor also 1270.81 sqm which nearly becomes 45000 Sqft. As per order, the owner was directed to demolish walls raised on 5th floor. It is interesting to note that after some total of violations so compounded it becomes an outstanding amount of Rs 50 lacs excluding labour cess which would not have deposited in JMC exchequer had the Golden Yug not published detailed stories and woke up JMC from deep slumber.
Owner against sealing order wrongly argued that he is in possession of land measuring nearly 26 kanals situated at village Sunjwan doesn’t fall within jurisdiction of JMC when area was well within jurisdiction of JMC vide SRO 268 dated 11-6-2018 issued by Housing and Urban Development Department and the owner raised construction after this SRO was issued so question does not arise as claimed by owner that the area where IDPS school is situated doesn’t fall within jurisdiction of JMC.
Tribunal ordered owner to pay additionally costs in addition to compounding fee to the tune of Rs 1 lakh per floor for three floors as the construction of three floors was done by owner when the Status Quo was enforced at the site and JMC and reprimanded enforcement wing of JMC which facilitated unauthorized construction of three floors raised by owner and for taking no pains to ensure that no further construction is raised at the site, especially when the Tribunal had directed both the sides to maintain status Quo on spot. The Tribunal order maintained that the construction activity continued at the site uninterruptedly and was totally ignored by JMC enforcement staff which seems the concerned officials shut their eyes, blinded by the considerations, which can’t be termed fair and reasonable.
Tribunal further reprimanding JMC said that relevant record pertaining to the proceedings conducted against the owner as to violations of the Building Bye-laws was reported missing. This can’t be coincidence which can be ignored as a matter of providence. This act also appears to be in the direction of facilitating the owner in his efforts to raise the construction at all cost.. The situation warrants that all the persons who have been concerned at the relevant time with enforcement of the building bye-laws in the area are held accountable and appropriate departmental action is initiated against them to serve as deterrence for any future deviation by the officials of enforcement wing.
Tribunal order clearly directed JMC that before de-sealing structure of Suminder Singh, it should conduct safety and security audit of building which hasn’t been done .It is surprising to note that when the outcome of committee constituted in this regard was still awaited , how come JMC de-sealed first floor dated 9-5-2023 vide No. JMC/Estt/1503-08 in terms of directions dated 7-2-2023 and 27-2-2023 of Hon’ble Tribunal. It is an eye opener for JMC higher ups how field staff works and how they have proved so incompetent to stop unauthorized constructions against JMP-2032 and Unified Building Bye-laws 2021.
GY CORRESPONDENT
jammu, dec 18
JMC served demolition BOCA notice under Section 7(3) BOCA Act 1988 vide No. MJ/CEO/1/3/21 dated 24-4-2021 against Suminder Singh owner of International Delhi Public School Sunjwan in Ward-74 for constructing hall on ground floor covering nearly 12000 Sqft without permission of JMC adjoining with existing school building which was illegal construction and seriously effecting the planned development of Jammu city and contravenes the zoning regulation. The owner was given five days time to demolish violations failing which the same will be done by JMC at his cost and risk. It deserves mentioning here that the owner earlier was served BOCA notice under section 7(1) vide No.MJ/CEO/01/1/2021 dated 5-4-2021 but the reply submitted against this notice by owner was unsatisfactory and without merit. The owner against BOCA demolition notice approached J&K Special Tribunal Bench-III vide File No.STJ/145/2021 and got Status Quo dated 4-5-2021 in case titled Suminder Singh Vs JMC BOCA Authority. Meanwhile the owner was directed to produce digital photographs of structure on next date of hearing 7-6-2021 with direction to both owner and JMC to maintain status quo at the site. However the owner didn’t produce digital photographs of structure which was only ground floor at that time.
It is shocking to note that after status Quo dated 4-5-2021 obtained by owner, JMC maintained status Quo of shutting their eyes and ears but the owner during status quo period successfully raised three more violated floors on ground floor wherein status quo was enforce covering nearly 12000 sqft each besides walls raised on 5th floor and a room was also constructed on 5th floor with active support of enforcement staff deputed in the area. JMC despite knowing status Quo in place didn’t take any action against owner when he was raising violated floors what to think of appealing against owner over violation of status Quo order when the owner deserved to be served BOCA notices under relevant section.
Illegal construction was going on smoothly at the site till Golden Yug newspaper acted as whistle blower and published a detailed story along with pictures of IDPS highlighting violations nearly 45000 sqft as mentioned above firstly dated 21-1-2023 and 30-1-2023 suitably highlighting fresh gigantic construction in addition to existing school building at the site of five floors and plaster work going on at the site. JMC with a heavy heart was forced to seal the premises under section 8(1) of BOCA Act 1988 vide No. JMC/CEO/1688-94 dated 30-1-2023 after this illegal construction came out in public domain. The additional structure raised by owner was practically sealed on 31-1-2023 and the press release released by JMC after four days of sealing done at the site.
The owner against this sealing order again approached Hon’ble J&K Special Tribunal Bench-III with fresh application vide File No. STJ/03/23 dated 6-2-2023 which was decided on 7-2-2023 in addition to application under trial vide File No. STJ/145/2021 dated 4-5-2021. The Tribunal with strict direction to owner to avoid any further violation of Status Quo in place and not to take any plaster /construction work failing which maintained that the status quo will automatically ceased to exist in case of further violation. More over the field staff was directed to report to Tribunal the status at sight fortnightly and in case if owner does any deviation, the JMC will be at liberty to proceed as per law . However JMC did not abide by direction of Tribunal to de-seal the building of IDPS Sunjwan. The owner meantime filed contempt appeal against JMC vide File No. STJ/04/2023 dated 23-2-2023 seeking direction to Commissioner JMC to comply the directions of Tribunal in its order dated 7-2-2023 and also to remove the illegal and unlawful conditions kept in the order of de-sealing order dated 14-2-2023 and to maintain status Quo. The owner strangely asked JMC to maintain status Quo but himself didn’t abided by Status Quo by raising construction during stay order period and contrary sought direction to hide his violation of tribunal status quo. Despite all this the Tribunal temporarily de-sealed the part of school premises where classes were being run for removal of study material /relevant material lying inside. However JMC against Tribunal’s directions dated 7-2-2023 and 27-2-2023 approached Hon’ble High Court dated 15-3-2023 in case titled JMC BOCA Authority Vs Suminder Singh owner of IDPS Sunjwan vide WP © 802/2023 seeking directions to Tribunal to set aside above mentioned both the orders being derogative of earlier order wherein proceedings are still going on before Hon’ble High Court.
This was shocking on part of JMC as they were extending full support to owner in raising violated construction and all of sudden after publishing of story had to take action against owner and had the story not published and highlighted by newspaper , the gigantic structure in question would have been completed in all respect by now. The owner Suminder Singh against sealing order dated 30-1-2023 yet again moved an application before Tribunal dated 3-2-2023 in continuance of earlier appeal before Tribunal wherein he got status Quo order earlier when there was only violated ground floor. The owner in favour of his appeal against sealing order argued that he is in possession of land measuring nearly 26 kanals comprising of Khasra 1403 Min,1409,1410,1417,1419,1420,1421,1441,,1416,1411,1415 situated at village Sunjwan Tehsil and District Jammu claiming that the area doesn’t fall within jurisdiction of JMC when the area was well within jurisdiction of JMC vide SRO 268 dated 11-6-2018 issued by Housing and Urban Development Department . Moreover the area comprising of Khasra No. 787 to 2222 and 2224 covered under Ward-74, Sunjwan and the owner raised construction after this SRO was issued so question does not arise as claimed by owner that the area where IDPS school is situated doesn’t fall within jurisdiction of JMC. Meanwhile the owner moved applications for de-sealing of his violated structure vide No. STJ/17/2023 dated 6-2-2023, STJ/40/2023 dated 6-3-2023,STJ/102/2023 dated 6-2-2023, STJ/103/2023 showing his utter eagerness to get his structure de-sealed at the earliest.
Worthwhile to mention here that meantime the case was transferred to Tribunal Bench-II from J&K Special Tribunal Bench-III. Hon’ble Tribunal Bench-II deciding all previous appeals file No. 145/2021 with file No.17/2023 dated 6-2-2023, file No.40/2023 dated 6-3-2023,file No.102/2023 dated 6-2-2023 and file no. STJ/103/2023 dated 16-3-2023 in its 22 pages order dated 29-5-2023 verdict that the construction of building unauthorized comprising the ground, first ,2nd and third floor are permitted to be regularized by compounding violations nearly 4702.32 sqmt which is more than 50615 sqft in terms of Regulation 11 of COBO Regulations as per Unified Building Bye-laws 2021 which becomes nearly Rs 50 lacs. Accordingly the compounding fee was fixed at the rate of Rs 1000 per Sqm each floor. The compoundable violations included ground floor 1076.20 Sqmt, first floor as 1084.57 Sqm, 2nd floor as 1270.81 sqm and third floor also 1270.81 sqm. As per order, the owner was directed to demolish walls raised on 5th floor. It is interesting to note that after some total of violations so compounded it becomes an outstanding amount of Rs 50 lacs excluding labour cess which would not have deposited in JMC exchequer had the Golden Yug not published detailed stories and woke up JMC from deep slumber.
However , the owner was directed to pay additionally costs in addition to compounding fee to the tune of Rs 1 lakh per floor for three floors as the construction of three floors was done by owner when the Status Quo was enforced at the site and JMC was directed to spend this amount in some social service initiative launched for citizens of Jammu. Hon’ble Tribunal while parting with this order was of the opinion that it can’t ignore taking note of the circumstances reflecting on the manner of working of the enforcement wing of JMC which facilitated unauthorized construction of three floors raised by owner. Tribunal order further said that initially after noticing the unauthorized construction at the ground floor level and the demolition order having been issued, JMC enforcement staff had taken no pains to ensure that no further construction is raised at the site, especially when the Tribunal had directed both the sides to maintain status Quo on spot. The Tribunal order maintained that the construction activity continued at the site uninterruptedly and was totally ignored by JMC enforcement staff which seems the concerned officials shut their eyes, blinded by the considerations, which can’t be termed fair and reasonable.
Tribunal further reprimanding JMC said that relevant record pertaining to the proceedings conducted against the owner as to violations of the Building Bye-laws was reported missing. This can’t be coincidence which can be ignored as a matter of providence. This act also appears to be in the direction of facilitating the owner in his efforts to raise the construction at all cost.. The situation warrants that all the persons who have been concerned at the relevant time with enforcement of the building bye-laws in the area are held accountable and appropriate departmental action is initiated against them to serve as deterrence for any future deviation by the officials of enforcement wing.
Worthwhile to mention here that in Tribunal order there was clear direction to JMC that before de-sealing structure of Suminder Singh, JMC should conduct safety and security audit of building which hasn’t been done so far which is evident from the RTI reply against RTI application dated 10-10-2023 seeking photocopy of objections filed along with annexure by JMC before Tribunal Bench-II in case title Suminder Singh Vs BOCA Authority JMC along with photocopy of violation chart projected floor-wise of IDPS School from ground floor to 4th floor at Sunjwan Jammu. JMC replied that it has constituted a committee to implement order of Tribunal Bench-II to chart out violations. It is surprising to note that when the outcome of committee is still awaited , how come JMC de-sealed first floor dated 9-5-2023 vide No. JMC/Estt/1503-08 in terms of directions dated 7-2-2023 and 27-2-2023 of Hon’ble Tribunal.
As per the order, JMC BOCA Authority shall take fresh measurements of construction raised by owner and assess the compounding charges within a month time and the compounding charges shall be notified by BOCA Authority within one week and the same shall be deposited by owner within next two months failing which the appeal will automatically dismissed and the JMC will be at liberty to demolish unauthorized construction without any further notice to owner. JMC surprisingly even after expiry of seven and half months didn’t implement compounding order of Tribunal dated 29-5-2023 which nearly becomes Rs 50 lacs and also neither appealed against this order which simply proves that JMC somehow want to save violated structure of owner as so far they haven’t taken any step to ask owner to pay compounding fee of Rs 50 lacs which authenticates the claims of Tribunal made in its decision dated 29-5-2023. Neither compounding fee has been deposited by owner nor JMC has appealed against compounding order which means that now JMC is at liberty to demolish illegal construction of additional block of four floors at IDPS Sunjwan which has not been done by JMC and the Commissioner JMC should tell public why Tribunal compounding order was not implemented and and why not JMC appealed against compounding order. It is an eye opener for JMC higher ups how field staff works and how they have proved so incompetent to stop unauthorized constructions against JMP-2032 and Unified Building Bye-laws 2021
