Dy Commissioner (North) against his jurisdiction served a Notice under section 8 (1) of J&K Control of Building Operation Act, 1988, vide No. JMC/CEO/1527-29 dated 13-3-2023 to owners of residential plot 71/5 , Ward 50, Channi Himmat Housing Board Colony for raising the construction against the approved building plan vide No: 1082/JMC/BS/2022 dated 10.08.2022
Notice under section 8 (1) served to owners of residential plot 71/5 didn’t have mention of plot number, location, ward thereby making it personal wherein aggrieved people could not get to know whom the notice served and where is location and about which plot they are taking action except names of owners
After fresh measurement taken , notice under section 7(3) of COBO Act, 1988 served to owners on 22.05.2023 wherein violations as mentioned in 7(1) notice were reduced to below 10 % which is compoundable as per Master Plan 2032/Unified Building Bye Laws-2021, wherein Commissioner, JMC has ample powers to compound the area (i.e. per UBBL-2021 the 10%)
Making mockery of serving BOCA notices , in the notice 8 (1), the violations once again enhanced to 181.22 Sqm on ground floor, making excess violation of 20.22 and making it 12.55% excess violation. Likewise first and 2nd floor violations enhanced to 185.59 Sqm making it excess violation as 24.59 Sqm and making it 15.27% excess violations on each floor. However the violation of height of building was kept same in this notice.
Engineering wing visited site 71/5 to verify the contents/grounds/claim of the applicant reported that the said building is a R.C.C farmed building/structure, as in case any demolition of column structure, the safety of the structure may be affected. Here also instead of Civil Engineer AEE Mechanical visited the site which was a ploy to create misguiding but favorable to owners report
GY CORRESPONDENT
jammu, apr 03
JMC BOCA Authority has established itself as the agency which only function on pick and choose basis ignoring serious nature violations of influential violators and not sparing minor violations of common man in the name of its poorest functioning . In most of the cases BOCA notices served to violators have so far proved eyewash as neither they were executed on the ground nor any follow-up taken after serving these notices. This has resulted serious nature violations of Jammu Master Plan 2032 and Unified Building Bye-laws 2021.
To put the things in perspective, Commissioner JMC, Jammu vide JMC Order No. 180 of 2024 dated 2-3-2024 delegated BOCA Act powers under Section 405(2) of J&K Municipal Corporation Act 2000 to his subordinate Dy Commissioner North and South assigning them 48 and 27 wards respectively in their areas making demarcation on the basis of Vaikram Chowk bridge dividing between old city and another from Vikran chowk inwards ( Jammu South). According to order Dy Commissioner (South ) and Dy Commissioner (North) delegated powers under Section 253,254 of J&K Municipal Corporation Act 2000 and Regulation 2.11 of UBBL2021. Under Section 253,both Commissioner can order demolition and stoppage of building and works in certain cases and appeal and under Section 254, they can order stoppage of building or works in certain cases. Under 2.11 of UBBL2021, in case of unauthorized development, both Commissioners shall take suitable action, which may include demolition of unauthorized works, sealing of premises, prosecution and criminal proceeding against the offender in pursuance of relevant laws in force.
In light of above, when there was designated jurisdiction of Dy Commissioner (North) and Dy Commissioner (South) Dy Commissioner (North) without its jurisdiction served a Notice under section 8 (1) of J&K Control of Building Operation Act, 1988, vide No. JMC/CEO/1527-29 dated 13-3-2023 to Gagan Singh Bedi & Pawan Singh Bedi owner of residential plot 71/5 , Ward 50, Channi Himmat Housing Board Colony for raising the construction against the approved building plan vide No: 1082/JMC/BS/2022 dated 10.08.2022 and physically sealed on 22-3-2024. Worthwhile to mention here that the sealing Notice under section 8 (1) of J&K Control of Building Operation Act, 1988, actually served to Gagan Singh Bedi & Pawan Singh Bedi owner of residential plot 71/5 , Ward 50, Channi Himmat Housing Board Colony didn’t have mention of plot number, location, ward thereby making it personal wherein aggrieved people could not get to know whom the notice served and where is location and about which plot they are taking action except names of owners. Anyhow the premises at 71/5 was physically sealed on 22-3-2024 surprisingly when commercial structure at residential plot after getting residential site plan approved from JMC was almost complete in all respects and also complete violations were deliberately not mentioned to somehow save unauthorized construction of owner having ground plus two floors besides violated construction on 3rd floor measuring nearly 400 sqft excluding Mumty was also not projected. Surprisingly no press note of sealing in media neither print nor electronic was released.
Worthwhile to mention here that from day one of construction , the owners of 71/5 were enjoying patronage of JMC higher officials which was vindicated when earlier a notice under section 7(1) was also served to Gagan Singh Bedi & Pawan Singh Bedi vide no. JMC/CEO/74/1/22 dated 27.02.2023 for raising three commercial floors all in equal size against the approved building plan vide No: 1082/JMC/BS/2022 dated 10.08.2022. As per notice, the owners were asked to reply to this notice within 48 hours.
Pertinent to mention here that the violations projected in notice under section 7(1) vide no. JMC/CEO/74/1/22 dated 27.02.2023 by then Enforcement Officer Sunil Gupta on the basis of reports of measurement by Technical officer/Surveyor building section:- The owner as per approved residential site plan was allowed ground plus two floors 161 Sqm each but the owners constructed each floor 183.53 Sqm thereby making violations of 22.53 Sqm each floor besides made excess coverage of three floors at 13.99 % each. The owners also enhance height of building 11.28 mtr against sanctioned 9.85 mtr and making violations of 14.51%. It seems bizarre that in this notice it was mentioned that the construction was not properly defined during visit of JMC officials at the site which means that the construction was not at all as per approved residential site plan. As per approved site plan, the total area of plot was 293 Sqm (40×80) and mandatory setbacks including front 4.25 mtr,rear-2 mtr, sidw-1 2 mtr, height 9.85 mtr for residential purposes. After issuing notice to Gagan Singh Bedi & Pawan Singh Bedi gave a reply dated 06.03.2023 that they have removed all the violations existing at the site and also requested the authorities to take fresh measurement of the building. Whereas, the fresh measurement was taken by Building Section & accordingly fresh notice under section 7(3) of COBO Act, 1988 was served to owners on 22.05.2023 wherein violations as mentioned in 7(1) notice were reduced to below 10%.Whereas, after issuing final notice to owners gave a reply that the violation of the building is under 10% which is compoundable as per Master Plan 2032/Unified Building Bye Laws-2021, and also stated that as Commissioner, JMC has ample powers to compound the area (i.e. per UBBL-2021 the 10%).
However a notice was again issued to owners on 17.08.2023 to explain that why violation can’t be removed completely, the owners to this notice replied that it is not possible to remove all the violations, as the building is structural based building and it is not possible to remove all the violations. Likewise the file sent to Engineering wing to verify the contents/grounds/claim of the applicant and Engineering section staff visited the site and reported that the said building is a R.C.C farmed building/structure, as in case any demolition of column structure, the safety of the structure may be affected. Here also instead of Civil Engineer AEE Mechanical visited the site which was a ploy to create misguiding but favorable to owners report as per reliable sources. Then file was sent to building section for calculation of compounding fee and as per report of building section the violations done at the site is less than 10%, which is compoundable as per UBBL 2021 and amendments thereof and same has been calculated in Rs.14100/- (fourteen thousand one hundred only). Surprisingly fresh measurement was taken by Building Section & accordingly notice under section 7(3) of COBO Act, 1988 was served to owners on 22.05.2023.
However in this notice the violations were reduced drastically which includes violations of three floors was reduced to 170.40 Sqmt each whereas in the notice under 7(1) the projected violations was 183.53 Sqm each floor and there by biolations percentage was also reduced at 9.4 Sqm against earlier in notice 7(1) as 22.53 sqm each floor besides violation of height of building was also reduced to 10.82 Sqmtr whereas in 7(1) notice it was 11.28 mtr In this notice the violations were deliberately reduced to 9.84 Sqm when earlier it was 13.99 Sqm to make it compoundable and ultimately saving violated construction of owners and later accepted compounding fee also.After that a notice was issued to owners to submit compounding fee within a period of seven days vide No: JMC/CEO/733-36 dated 08.09.2023 and same was submitted by you vide receipt No: 4721 dated 11.09.2023.
Pertinent to mention here that when violations were compounded, there was no partition of walls and in no sense it was a residential construction and there were three big commercial halls more of a restaurant type and also finishing work including marble and tile laying and other accessories were almost nearly completion along with proper white washing which was not taken care of JMC higher authorities and also field staff of JMC.However concern field staff including concerned Enforcement Inspector visited the site nearly after six months of depositing compounding fee and report that owners have not raised the partition walls and the construction is not going as per approved building plan. The mockery of serving BOCA notices didn’t stop here as in the notice 8 (1) of J&K Control of Building Operation Act, 1988, vide No. JMC/CEO/1527-29 dated 13-3-2023, the violations once again enhanced to 181.22 Sqm on ground floor, making excess violation of 20.22 and making it 12.55% excess violation. Likewise first and 2nd floor violations enhanced to 185.59 Sqm making it excess violation as 24.59 Sqm and making it 15.27% excess violations on each floor. However the violation of height of building was kept same in this notice.
It is highly unfortunate that after commercial building is completed in all respects now, JMC claims in this notice that the owners have not raised the partition walls and the construction is not going as per approved site plan but never once admitted that raised construction was purely commercial and in no way it was residential construction. All this was deliberately done so that every possible relief may be ensured if owners approach competitive Courts in case JMC takes eyewash action against owners and the same was done in present case when non compoundable violations were compounded by playing tricks of BOCA notices and playing drama of increasing and decreasing violations as per convenience of owners to finally pave way for start of grand hotel which will soon become reality with the blessings of JMC higher authorities.
In light of above , the present case raises serious question mark on the credibility and sincerity of Commissioner JMC and also put question mark on credibility of BOCA notices as mentioned in this story which has only encouraged unauthorized constructions in Municipal areas against Building Bye-laws 2021 and JMP-2032 and without taking proper land use permission from JDA has seriously caused loss to Govt exchequer and has seriously dented deteriorating image of JMC. The present case deserves high level investigation by country’s premier investigating agencies so that whosoever involved in this may be suitably punished.
