Surprisingly JMC approved commercial site plan stage-1st vide No. 670/JMC/BS/2023-24 dated 6-7-2023 and stage-II construction from JMC vide No. 1394/JMC/BS/2023-2024 dated 9-11-2023 in favour of owner without NOCs from Housing Board and Northern Railways
J&K Housing Board Collector wrote to Tehsildar Bahu vide No. HB/CLA/J/6540-43 dated 10-10-2023 and also Deputy Commissioner Jammu vide letter No. HB/CLA/J/289-92, CN 7257592 dated 12-12-2023 for demarcation of Housing Board land adjoining Plot No. 418 Sector-7 Channi Himmat Jammu but nothing done in this regard so far and unauthorized construction of third floor at present going on at site in question.
Illegal commercial construction going on Housing Board/ Railway land located adjoining to Railway track/land under Khasra No.790 of village Deeli, Jammu in Sector-7 Channi Himmat Housing Board colony even without NOC from Housing Board which still waiting for demarcation of said disputed area. JMC approved site plan without intimating J&K Housing Board and Northern Railway. It is pertinent to mention here that as per mutation No’s. 275 & 405 Khasra No.790 of village Deeli of South Jammu belongs to Housing Board and Northern Railway.
Unfortunately Railways authorities in the present case did not inspect and supervise construction being at the edge of railway track when it was their prime responsibility and thus playing with safety of railway track as the owner at present undergoing construction of third floor and has done excessive digging at plinth level
GY CORRESPONDENT
jammu, jan 03
It deserves mentioning here that land in question measuring 4074 Sqft (378.50 Sqm) under Khasra No. 790 Min of village Deeli was first acquired by one Dr Vinay Ram Pal in year way back in 1996 who wanted to construct residential house but was not allowed by Housing Board Channi Himmat claiming land in question adjoin with Housing Board plot No. 418/7 belongs to them. The owner also approached Court at that time whose outcome is not known. However the land in question put on sale and continued moving from one hand to another and finally it came in possession of Ajay Kumar Gupta s/o Mohan Lal Gupta who at present is owner of this un-demarcated land . The owner got approved commercial site plan stage-1st from JMC vide No. 670/JMC/BS/2023-24 dated 6-7-2023 allowing owner to construct 177.45 Sqm new stilt floor commercial. The height of stilt floor excluding Mumty/lift up to ridge level as 13.76 mtr from the front road level with FAR 46.88. The owner was duty bound to observe setbacks including front 7.01 mtr,rear, 3.0 mtr, side-1, 3.0 mtr, side-II, 0 mtr when the height of building should have been well below 8.5 ft. After completing stage-1st construction, the owner got approved stage-II construction from JMC vide No. 1394/JMC/BS/2023-2024 dated 9-11-2023 for three floors each measuring 177.45 Sqm whose continuous construction is going on since July 2023.
Worthwhile to mention here that social and RTI Activist along with aggrieved locals Mohd Sadiq Poswal in this regard brought the same in notice of Housing Board authority as well as Northern Railway through detailed letters claiming that land in question belongs to both Housing Board and Northern Railways and that Housing Board has yet to demarcate this land. Further that the registry of land done in the name of Ajay Kumar Gupta son of Mohan Lal Gupta in the court of law on 10-7-2019 who purchased it from former IGP Ashok Kumar Gupta was having Ex sarja(Tartima) falls under Khasra No. 790 Min having approximately 40 Kanal land out of which 10 kanals occupied by Railways and 13 kanals by Housing Board and rest of the area under this Khasra No, falls below railway line.However on the basis of complaint by Poswal, J&K Housing Board Collector wrote to Tehsildar Bahu vide No. HB/CLA/J/6540-43 dated 10-10-2023 for demarcation of Housing Board land adjoining Plot No. 418 Sector-7 Channi Himmat Jammu claiming that land measuring 2839 Kanals ,19 Marlas falling in villages Channi Himmat, Channi Kamala,,Thangar,Deeli and Sunjwan Tehsil and District Jammu has been acquired for establishment of Housing Board colony Channi Himmat through Collector,Assistant Commissioner(Rev) Jammu as per final Award issued vide No. 2/LA/78-79/700-01 dated 30-11-1981. Further additional land measuring 26 Kanal 11 Marla situated at villages Deeli, Tehsil and District Jammu has been acquired for the establishment of Housing Colony Channi Himmat. Despite this letter Tehsildar Bahu didn’t initiate any proceedings in this regard as the land in question has been occupied by very influential person having good chunk of land purchased by him in here and there in Channi Himmat.Worthwhile to mention here that, Collector Housing Board then wrote to Deputy Commissioner Jammu vide letter No. HB/CLA/J/289-92, CN 7257592 dated 12-12-2023 for demarcation of Housing Board land adjoining Plot No. 418 Sector-7 Channi Himmat Jammu claiming that earlier letter written to Tehsildar Bahu for demarcation of Housing Board land hasn’t taken seriously by Tehsildar Bahu and may be directed to conduct demarcation of land in question worth crores. Meanwhile despite this paper work, the construction going on with leaps and bounds where at present construction of third floor is going on when Housing Board is competent enough to stop ongoing construction on its land and also JMC but both seem helpless as the person being influential getting saved from rule book and also two letters written to demarcate land first to Tehsildar Bahu and then DC Jammu haven’t yielded any results when the construction in question should have been stopped till demarcation of land is done by Housing Board. Pertinent to mention here that it is the responsibility and duty of Railway Board to look into every construction so raised near railway track and also to ensure that no construction near railway track in any case harm the railway track both during construction and after construction during life time. But unfortunately Railways authorities in the present case did not inspect and supervise construction being at the edge of railway track when it was their prime responsibility and thus playing with safety of railway track as the owner at present undergoing construction of third floor and has done excessive digging at plinth level. The need of the hour in present case to order high level enquiry how present construction is going on without demarcation of land of Housing Board and NOC from Railways when both these departments are duty bound to stop ongoing construction being competent enough and also why such a leniency on their part to spare deserving action against owner.
