JMC granted NOC showing no regard for Tribunal, for operation of J&K Bank branch vide No. JMC/RB/1350-51 dated 14-3-2017 which was beyond their power of jurisdiction as the operation of J&K Bank branch means land use change that too without any provision for public parking within premises and also against RBI guidelines for opening of Bank branch.
Owner despite giving written undertaking on Affidavit that he will close down the basement which he had constructed illegally on stamp paper worth Rs 10 having serial No. M482397 dated 22-4-2010 both before Tribunal and JMC authorities pledging that he will not use basement and will close it down but the same was not done by owner and as a result of which J&K Branch Channi Himmat is functioning at present.
Owner also didn’t comply Tribunal compounded order wherein the owner was asked to deposit compounding fee of Rs 50835 to JMC within one month either in cash or through DD Draft only. Surprisingly the owner till date has not deposited the said compounding fee. The same was disclosed in an RTI reply vide No. JMC/CEO/100-01 dated 3-7-2019 that Pranav Bhardwaj has not deposited any compounding fee as per record of JMC
GY CORRESPONDENT
jammu, dec 28
It is an established fact lack of serious intention on part of law enforcement agencies always results in mockery of established norms framed primarily to stop wrong doings . Same thing is true as far as Jammu Municipal Corporation’s functioning is concerned whose delayed action and ignoring action when it needs the most have resulted in boom in unauthorized constructions in Channi Himmat Housing Board Colony where there are hundreds of land use change violations due to dereliction of duty on part of JMC enforcement staff which ultimately create unnecessary litigation issues wasting precious time of Hon’ble Courts and also disturbing peace of law abiding citizens whose peace get shattered due to callousness of JMC.
To put things in right perspective, Commissioner JMC has served show cause notice to Smt Sudesh Kumari mother of Pranav Bhardwaj and wife of Brij Mohan Sharma r/o House No.282 Sector-2 Channi Himmat Housing Board colony for converting residential building into commercial by leasing out basement and first floor to J&K Bank and where at present J&K Bank branch is functioning under first provision to section 253(1) of J&K Municipal Corporation Act 2000 vide No. JMC/ENF/12-16 dated 9-12-2023. As per the notice, the owner has opened J&K Bank branch without valid permission from JMC for more than two years as of now and the owner has made land use change from residential to commercial. The show cause notice further claims that the said illegal construction seriously affects the planned development of Jammu city and contravenes the zoning regulation including parking problem/congestion as no parking is available as per rules. As a result of which, the owner was served 48 hours ultimatum as to why construction so raised in contravention of the provision of J&K Municipal Act 2000 and UBBL norms 2021 may not be not demolished/pulled down/sealed, failing which action as warranted under J&K Municipal Act 2000 read with UBBL norms 2021 shall be taken.
Worthwhile to mention here that this show cause notice to owner by Commissioner JMC was result of Senior Manager Housing Board Sub-Unit, Channi Himmat notice to Pranav Bhardwaj alottee of Housing Board residential plot No. 282, Sector-2, Channi Himmat Jammu vide No. HSU/CH/943 dated 13-10-2023 for opening of J&K Bank Channi Himmat Branch from residential plot by violating norms of J&K Housing Board. Accordingly the owner was served five days ultimatum to restore the land use as purely residential from the date of issuance of this notice failing which action warranted under rules will be initiated against owner. The copy of this notice was also endorsed to Dy General Manager, Housing Board Unit-1st Jammu and also Manager, JK Bank Channi Himmat for their information and necessary action. But even after lapse of 15 days , no action on ground has been taken and J&K Bank branch Channi Himmat is as usual functioning without parking facility causing serious nuisance and traffic jams.
Worthwhile to mention here that Pranav Bhardwaj s/o Brij Mohan Sharma r/o 282/2 , Channi Himmat Jammu got approved residential site plan from JMC vide No.1/BS/09 dated 2-4-2009 and paid Rs 13680 as building fee for permissible construction nearly 2000 Sqft as ground floor and first & 2nd floors 1920 Sqft each . The owner constructed illegal basement measuring 2957 Sqft against out of total plot area measuring 5000 Sqft which was not allowed as per the approved site plan. The owner did not stop here and raised ground floor measuring 2957 Sqft against 2000 Sqft ,first floor 3307 against 1920 Sqft and 2nd floor 3307 sqft against 1920 Sqft against sanctioned site plan approved by JMC where there was no provision for any basement.
It is strange to note that JMC only booked owner under COBO notice when the commercial building on residential plot was almost about to complete dated 14-2-2009 maintaining that the commercial building has been raised on residential plot against approved site plan and thus violating then Jammu Master Plan 2021 and also rules of Building permission and operation by JMC. However owner approached J&K Special Tribunal against JMC action demolition notice under 7(3) vides No. MJ/Estt/CEO/179/3/09 Dated 14-2-2009 where Tribunal on 18-11-2009 in its decision maintained that the basement was constructed by owner illegally and the same should be dismantled without further delay.
Accordingly the owner was asked to give written undertaking on Affidavit that he will close down the basement which he had constructed illegally. The owner furnished the undertakings on stamp paper worth Rs 10 having serial No. M482397 dated 22-4-2010 both before Tribunal and JMC authorities pledging that he will not use basement and will close it down.
The Tribunal further compounded the residential violations and the owner was asked to deposit compounding fee of Rs 50835 to JMC within one month either in cash or through DD Draft only then violated residential construction will be regularized. Surprisingly the owner till date has not deposited the said compounding fee. The same was disclosed in an RTI reply vide No. JMC/CEO/100-01 dated 3-7-2019 that Pranav Bhardwaj has not deposited any compounding fee as per record of JMC. The RTI reply further disclosed that with regard to demolition of basement or closedown of basement, the building is locked on all sides and JMC is not aware whether the basement is demolished or closedown. Prima-facie proves that the basement was neither dismantled nor closed down by owner but remained intact. Earlier the operation of Bank branch was also stayed in Hon’ble High Court when JMC granted NOC for opening of J&K Bank branch in Channi Himmat residential area vide OWP No. 472/2019 and remained stayed for more than one year.
However owner did not abide by himself given undertaking that he will close down basement and continue with construction work on the ground and strangely JMC did not take any step in getting Tribunal order implemented on ground. JMC however served owner another notice vide No. MJ/CEO/179/3/2012 Dated 17-1-2013 saying that in exercise of powers conferred under section 7(3) of the J&K State control of building operation Act,1988 read with Jammu Municipal Area Building operation controlling authorities No. 4th of 1988 dated 27-11-1999 the owner is directed to demolish the construction/violation as detailed above within five days from the date of service of this notice falling which the same will be demolished at his own risk and cost by JMC.
The owner again approached the J&K Special Tribunal against JMC notice issued vide No. MJ/CEO/179/3/2012 Dated 17-1-2013 but the Tribunal dismissed his 2nd plea on the ground that the owner already consumed sufficient time to approach Tribunal which has already given direction to JMC when earlier owner had approached Tribunal and directed that previous direction stands as was given on 18-11-2009 asking owner to close down basement. The owner however didn’t file any appeal before Hon’ble Court against Tribunal orders dated 18-11-2009 and 6-6-2013.When owner didn’t deposit compounding fee, JMC took no cognizance of this and as per Tribunal order didn’t take action against owner as was directed in case the owner doesn’t abide by Tribunal judgement. Which also means that BOCA notices served by JMC under section 7(3) dated 14-2-2009 and another demolition notice under 7(3) dated 17-1-2013 remained enforced but JMC did nothing to implement above mentioned two notices and thus violations remained intact till date.
Despite well acquainted with case trial, JMC even then granted NOC proving that it has no regard for tribunal, no regard for rule book framed by it and it knows one thing that if one is ready to pay us we are ready to pay back by facilitating violative and unauthorized constructions. JMC accordingly granted NOC to operate J&K Bank branch vide No. JMC/RB/1350-51 dated 14-3-2017 which was beyond their power of jurisdiction as the operation of J&K Bank branch means land use change that too without any provision for public parking within premises. Accordingly the owner leased out his residential building to J&K Bank branch Channi Himmat dated 27-2-2018 including basement measuring 2500 Sqft and ground floor 2245 Sqft. Surprisingly J&K Bank management didn’t take care of parking and also didn’t take seriously that they are opening bank branch from residential house which as per established norms was not allowed based on RBI guidelines for opening of Bank branch.
Moreover as per the guidelines of Jammu Master Plan 2032 and as per the guidelines of Reserve Bank of India, the Bank branch could not be opened on the Plot No. 282/2 which was located at residential Zonal planned colony Channi Himmat as the place lacked Public parking space which is mandatory for any commercial venture and also the width of road upfront was not 40 ft as mandatory for commercial purposes whereas road width upfront was nearly 20 feet.
Worthwhile to mention here that, the owner is getting an handsome amount of Rs one lac from rented basement and another one lac from other commercial floors on monthly basis under Sakshi Khullar Art Studio but the owner is least bothered about the inconvenience locals face on daily basis due to traffic jams in the area as there is no parking facility and clients park their vehicles on road which is already narrow causing frequent quarrels and other inconveniences which should be taken care of immediately as running of J&K Bank in residential area is against established norms and guidelines. JMC Commissioner should take serious cognizance of this serious mess prevailing in the area and accordingly should take necessary action to discourage such moves in future aimed more at meeting vested interests by ordering to seize premises henceforth.
