Most of the owners after serving of final notice undergoing unauthorized constructions in Channi Himmat Housing Board colony are attorney holders from original alottees and haven’t obtained NOCs from Housing Board which is prerequisite for undertaking any construction whether residential or commercial and also it is mandatory for JMC for approving site plans both residential and commercial
JMC unmoved towards ongoing commercial construction at residential plot 171/2 owned by one Dev Raj attorney holder from original alottee Vaishno Kumar Sharma on main road of Channi Himmat Housing Board colony without JMC permission and also without NOC from Housing Board and also raising commercial construction on residential plot Sector-1A, 129 Channi Himmat Housing Board Colony where slab work will be completed in couple of days
Similarly unauthorized construction is also going on residential plot 116 Sector-1A , 117, Sector-1A here also slab work will be completed in couple of days without JMC permission and NOC from Housing Board. Likewise unauthorized construction also going on at residential plot 150/3 on main road of Channi Himmat Housing Board colony without JMC permission but with help of enforcement staff deputed in the area
GY CORRESPONDENT
jammu, dec 21
J&K Housing Board had allotted both residential and commercial plots in Channi Himmat Housing Board colony for the purpose of construction of residential house / commercial constructions on affordable rates. Residential plots were leased out/allotted on lease basis to the Lessees/allottees of Channi Himmat for construction of Residential Houses. As per the provisions of lease deed agreement executed/registered in the Court of Law, every Lessee/allottee has to cover the allotted premises and construct building within a period of three/four years from the date of execution of the deed. But it came to fore that many alottees even after lapse of nearly forty years didn’t start construction and these plaots remained vacant for all these years. The other lessees of the colonies are continuously approaching JKHB for construction of residential Houses on vacant plots for the purpose of which these have been leased out, as these plots are a source of nuisance by way of dumping garbage, source of pollution in the vicinity, even in some plots jhuggies have been constructed resulting in public nuisance/insecurity open defecation and other sanitary issues.J&K Housing Board taking serious cognizance of this in the year 2021 and 2022 vide No. HB/8311-12 dated 28.10.2021, No. HB/5408-09 dated 21.01.2021 and No. HB/12346-48 dated 14.3.2022 published through print media, allottees of Channi Himmat, Channi Rama were informed that the allotment of those plots are liable for cancellation who under provisions of deeds executed/registered in the court of law, were required to construct Residential Houses thereon, according to approved plan, within specified period (three years, from the date of execution of such deeds and have failed to construct residential houses and accordingly last Opportunity was offered to start the construction of their houses within a period of two months from the date of issuance of notice failing which, lease will be cancelled and other penal action shall follow. After lapse of more than a year, it has been reported that a considerable number of allottees/transferees/plot holders still have not started construction of their residential houses in said Colonies and similar status has been found in other colonies.It deserves mentioning here that in wake of as mentioned above, J&K Housing Board served final notice to 202 vacant plot holders of Channi Himmat Housing Board colony covering Sector-1 to Sector-7 which got published in print media vide DIP/J-3666-P dated 27-10-2023. Through this final notice the alottees were asked to reply as to why their lease/transfers/allotment is not cancelled and plot is retrieved back by J&K Housing Board with in a period of 21 days from the date of issuance of this notice after which no request shall be considered.
Worthwhile to mention here that after serving of J&K Housing Board notices to vacant plot holders allotted on lease basis to leases to start construction on their vacant plots as it was mandatory for lease holders to undertake construction after expiry of 3 to 5 years from the date of execution of lease deed has resulted in unauthorized constructions in Channi Himmat area without getting permission from JMC. Most of the constructions undertaken by owners after serving of notice by Housing Board to construct residential houses who even after more than forty years of getting allotment of residential plots didn’t undertake constructions and kept plots vacant. Now after earlier serving notices to owners to raise construction in their vacant plots, Housing Board recently 28-10-2023 served final notice to owners of these plots to start construction within 21 days failing which their lease deed may be cancelled. The alarming fact in wake of this notice is that most of the new owners have taken possession from original alottees through power of attorney but havenot taken NOCs from Housing Board which is a necessity as without their NOCs, JMC can’t approve site plans both residential and commercial. Hoever it has been reported that most of the constructions raised after serving of final notice are being raised without getting site plan approved from JMC as the Housing Board has already written to all concerned that not to execute any land registry without NOCs from Housing Board.
To put the things in perspective, the ongoing commercial construction going at residential plot 171/2 measuring 60+52/2×55 129 owned by one Dev Raj attorney holder from original alottee Vaishno Kumar Sharma on main road of Channi Himmat Housing Board colony without JMC permission and also without NOC from Housing Board. Similarly owner Devraj also raising commercial construction on residential plot Sector-1A, 129 measuring 25+51/2×40 Channi Himmat Housing Board Colony a power of attorney holder from original alottee Mohd Ashraf where slab work will be completed in couple of days. Similarly unauthorized construction is also going on on residential plot 116 Sector-1A owned by original alottee Subash Chander s/o Chuni Lal measuring 30+18/2×42 and unauthorized construction also going on at 117, Sector-1A, owned by Savitri Devi measuring 25×40 here also slab work will be completed in couple of days without JMC permission and NOC from Housing Board. Likewise unauthorized construction also going on at residential plot 150/3 owned by Rashpal Singh Jamwal on main road of Channi Himmat Housing Board colony measuring 30×55 Sqft without JMC permission but with help of enforcement staff deputed in the area. Above mentioned unauthorized constructions hve caused serious loss to govt exchequer as these constructions are going on without JMC permission and also requisite NOC from J&K Housing Board as had the permission sought from JMC and NOCs obtained from Housing Board worth crores would have been deposited in Govt exchequer. Commissioner JMC should immediately wake up from deep slumber and should take action against these violated constructions on war footing so that these constructions are raised after proper NOCs from Housing Board and duly getting site plan approved from JMC failing which this will not only affect planned development of Jammu city but also will continue to cause serious loss to govt exchequer.
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- Owner of residential plot 328/4,Ward-50 ,Channi Himmat Colony after highlighting of violated construction making land use change in public domain through print media installs back window towards front side of kitchen removed earlier but commercial hall on three floors are still intact covering porch area and not constructing open Verandah on Porch keeping windows and small door besides keeping side entry to reach at first and 2nd floor without maintaining setbacks and completely changing both internal and external dimensions against approved residential site plan
- Class IVth employee working in Neurology Dept without any Administrative order by concerned Medical Superintendent, Super Specialty Hospital Jammu
- JMC unmoved towards open construction of commercial hall on ground floor in place of proposed kitchen by removing existing window and keeping provision for shutter and shop on porch area on residential plot 328/4 on main 60 ft road of Channi Himmat Colony in Ward-50 without maintaining setbacks making open land use change keeping separate entry from porch absolutely contrary to approved residential site plan
- JMC’s unfair functioning makes written undertaking by owner pledging to demolish violations more powerful than BOCA demolition notice under Section 7(3) as witnessed in case of residential house 203/2 on main road side Channi Himmat Ward-50 stopping proceedings under demolition notice when owner didn’t remove violations of converting residential porch into commercial shop which results in restart of whole of residential ground floor as commercial just before Diwali 2024 running garments business under name & Style, “RK Fabrics”
- JMC allows functioning of Axis Bank branch from violated two floor building when trial under BOCA notices 7 (1) & 7 (3) still going on at private land falling under Khasra No. 140/2 Min, Sector-3, Ward-51 Channi Himmat Housing Board colony without JMC NOC and without parking facility within premises
- JMC unaware of fresh construction/alteration on private land in Sector-3, Ward-51 Channi Himmat falling under Khasra No. 4 Min owned by Raman Sharma despite status Quo in place and sealing order intact and when trial of case still going on in High Court of Jammu and next date of hearing is on 22-11-2024
- JMC fails to stop ongoing construction of three unauthorized shops at bifurcated residential plot 29-C Shastri Nagar Housing Board Colony Ward-23 without approval of site plan from JMC despite letter by Dy General Manager Housing Board Unit-II, Jammu dated 18-10-2024 to Joint Commissioner ,JMC to stop ongoing unauthorized construction of three shops after lapse of residential approved site plan dated 26-11-2018 making land use change from residential to commercial
- JMC openly facilitating land use change from residential houses into commercial on private properties in Sector-3, Ward-51 falling under Khasra No. 427 Min owned by Rajinder Sharma, Lt Sunil Sharma and Kala Mahajan without parking facility , JMC permission against JMP-2032, Unified Building Bye-laws 2021 making mockery of JMC Act 2000