Owner applied for change in business vide Application No. JK-COR-NOC/2023/00190 dated 20-7-2023 but the permission file remained linger on for one year and meanwhile the owner was granted sufficient time to make necessary changes to run Jeweller Showroom Tanishq and significantly changed inter dimensions without JMC permission
JMC took no action against owner when he was raising violated construction and under extreme public pressure served owner BOCA demolition notice under provision of section 7(3) vide No.MJ/CEO/240/3/2011 dated 1-3-2012 when the structure was nearing completion setting ground for compounding of violations which was later done by Tribunal when owner approach it against demolition notice
Surprisingly violations were compounder when basement allowed 1475 Sqft but constructed 1854 Sqft making violations of 379 sqft (8.5%), ground floor was allowed 1475 sqft constructed 2258 sqft, violated 783 sqft(17.6%), first floor and 2nd floor were allowed 1605 sqft but constructed 2438 sqft each making 833 sqft violations each(19.3%), 3rd floor was allowed 1234 sqft but constructed 2438 sqft and violated 1204 sqft (25.7%). Similarly height allowed was 40 ft 6 inch but raised 44 ft making 4 sqft violations(9.8%), FAR was allowed 100 but at the site it was 161.6 making violations of 61.6 (61.6%)
GY CORRESPONDENT
jammu, may 03
JMC granted building permission case of RS Educational Institute belonging to Kusum Rattan pal wife of Tarun Rattan Pal r/o Gandhi Nagar Jammu for its construction vide No. 1605/BS/10 dated 22-3-2011 falling under Khasra No. 66 Min, village Channi Himmat(Trikuta Nagar Extension) in Ward-52 near Garden Estate for purely educational use. According to approved site plan, the total plot area was 5920.18 Sqft and the owner was allowed basement measuring 1475 Sqft will be exclusively used for parking including 11 cars and 45 Scooters within premises, ground floor-1475 Sqft ,first floor and 2nd floor both 1605 Sqft, 3rd floor -1234 Sqft with open area 4445.18 Sqft. . The owner was duty bound to observe setbacks including front- 33 ft, rear 26 ft 6 inch both sides 13 ft 6 inch each with height of building fixed 40 ft and paid residential building fee Rs 135830.
It deserves mentioning here that contrary to approved site plan, the owner raised violated construction but JMC didn’t take action at initial stage and allowed owner to continue with violated construction. However when the structure was nearing completion, JMC under public pressure served owner BOCA demolition notice under provision of section 7(3) vide No.MJ/CEO/240/3/2011 dated 1-3-2012 highlighting violations including basement which was allowed 1475 Sqft but constructed 1854 Sqft making violations of 379 sqft (8.5%), ground floor was allowed 1475 sqft constructed 2258 sqft, violated 783 sqft(17.6%), first floor and 2nd floor were allowed 1605 sqft but constructed 2438 sqft each making 833 sqft violations each(19.3%), 3rd floor was allowed 1234 sqft but constructed 2438 sqft and violated 1204 sqft (25.7%). Similarly height allowed was 40 ft but raised 44 ft making 4 sqft violations(9.8%), FAR was allowed 100 but at the site it was 161.6 making violations of 61.6 (61.6%). The notice maintained that the said illegal construction seriously affected the planned development of Jammu city and contravenes the zoning regulation. Worthwhile to mention here that the owner against demolition notice approached J&K Special Tribunal vide File No. STJ/118/12 dated 2-3-2011 and Tribunal in its order dated 24-4-2012 compounded the violations @ Rs 50 per running Sqft for residential purposes and asked owner to deposit compounding fee in chest of JMC within period of two months. The owner accordingly paid Rs 256300 vide GR No. 15621 dated 11-8-2012 for running educational institution which was not at all compoundable and deserves demolition but somehow the owner managed to save her violated structure. Surprisingly JMC which strongly highlighted serious nature violations before Tribunal didn’t appeal against Tribunal order which is evident that notice was mere eyewash as what’s the fun of serving BOCA notice when it is not intended to take it logical conclusion. Anyhow, the owner started running RS Educational Institute running Master Mind Classes. The owner very cleverly earlier managed land use change in the name of educational institution made her mind to further expand commercial activity taking undue favour of conditional tag of commercial activity applied for running Jeweller Showroom Tanishq
Now the owner Kusum Rattan Pal on July 12, 2023 got released a notice which was published in State Times newspaper dated 12-7-2023 in which she applied for grant of No Objection Certificate for changing the nature of business on ground floor for Jewellery Showroom where already a coaching Institute under the name RS Educational Institute is functioning and seeking objections if any and the same may be conveyed to JMC authorities within seven days from the date of publication of this notice. Meanwhile the owner applied for change in business vide Application No. JK-COR-NOC/2023/00190 dated 20-7-2023 but the permission file remained linger on for one year and meanwhile the owner was granted sufficient time to make necessary changes to run Jeweller Showroom Tanishq and significantly changed inter dimensions without JMC permission.
Any how the owner managed to get permission which is highly questionable on the following grounds::- How JMC allowed conversion of residential educational building into commercial use by fixing full-fledged shutters ground floor and earlier allowing residential building to run coaching centre under name and style Master Mind Classes and then changing it to run Jeweller Show room Tanishq which was inaugurated on 3-5-2024. It is strange how JMC permitted when already there was space running short of parking of vehicles while running RS Educational Institute and now one more commercial entity that is Jeweller Showroom using the same parking which is quite surprising and also uncalled for which is by the way main prerequisite for allowing any commercial activity.
It has been reportedly learnt that land use certificate was issued by Braham Dutt Building Officer and SK Raina Chief Town Planner who were incompetent to issue land use conversion documents. This is clear cut flagrant violation of Building Bye-laws 2021 for pecunarry benefits.. Dy Commissioner North Sanjay Badyal and JMC Commissioner Rahul Yadav are the master mind behind granting permission to convert residential building for commercial use going against laid down guidelines for such permissions
This development has become eyesore in the eyes of locals who were already facing traffic jams and will now face the worst after opening of Jeweller Showroom Tanishq. It is matter of investigation at the highest level of Administration. The Commissioner Secretary Housing and Urban Development Department to take serious cognizance of permission granted by JMC to undertake commercial activity from residential building which has become new modus operandi under patronage of Commissioner JMC who is facilitating violated constructions of influential persons in lieu of huge illegal gratification which is very serious development.
The lackadaisical approach of Commissioner JMC to regulate construction activities on pick and choose basis bringing bad name to LG Manoj Sinha administration which is so far known for good and transparent governance at all levels and implementing commitment of zero tolerance against corrupt officials for any sort of corruption at any level of govt functioning. The present case deserves honest and fair investigation so that wrongdoers may be booked to serve it as deterrent for others so that unethical practices who are at helm of affairs may be hold responsible and transparency is ensured by all govt servants.
