JMC was seriously wrong in asking owner to bring land use change permission from JDA (CLU) under section11A(2) of J&K Development Act 1970 vide SO 439 dated 24th December 2021 (HUDD) to run Jeweller Showroom Tanishq which was not at all applicable in the present case as in the present case there was already violated structure covering four floors and there was no fun asking for land use permission on built up structure which is applicable for vacant land
Commissioner JMC despite knowing very well that the certificate of change of land use from JDA shall govern only the usage permitted for land and the permitted FSI but shall not confer upon the holder any right to obtain any permission for any construction or development besides any permission for any construction or development shall be issued by the competent authority concerned strictly in accordance with the applicable norms including bye-laws governing such constructions or development even then Commissioner JMC sought CLU permission from JDA
JMC conveniently ignored that bye laws of educational Institute and for running commercial activity are different and varies from size of plots. It is also to mention here that if owner has already done violations in construction and compounded and now it has been reported that violations has now been increased as were done previously, so how NOC can be granted by JMC for a new establishment and NOC if granted shall automatically relieve Kusum for committed illegalities
GY CORRESPONDENT
jammu, may 10
Kusum Rattan pal wife of Tarun Rattan Pal r/o Gandhi Nagar Jammu already running RS Educational Institute 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 vide No. 1605/BS/10 dated 22-3-2011 and paid residential building fee Rs 135830. 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 .
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 ft 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 as residential violations 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 since 2012-2013. 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 before JMC.
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 asking owner to bring permission from JDA for land use change 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.
It deserves mentioning here that JMC was seriously wrong in asking owner to bring land use change permission from JDA (CLU) under section11A(2) of J&K Development Act 1970 vide SO 439 dated 24th December 2021, (HUDD) which was not at all applicable in the present case as in the present case there was already violated structure covering four floors fully intact despite Commissioner JMC knowing very well that the certificate of change of land use shall govern only the usage permitted for land and the permitted FSI but shall not confer upon the holder any right to obtain any permission for any construction or development . Any permission for any construction or development shall be issued by the competent authority concerned strictly in accordance with the applicable norms including bye-laws governing such constructions or development. Further as per SO 439 dated 24th December 2021, (HUDD) CLU permission from JDA are meant for vacant plots and no CLU permission can be granted on old existing constructions. It is to mentioned here that bye laws of educational Institute and for running commercial activity are different and varies from size of plots.It is also to mention here that if she has already done violations in construction and compounded and reportedly now it has been reported that violations has now been increased as were done previously, so how NOC can be granted by JMC for a new establishment and NOC if granted shall automatically relieve Kusum for committed illegalities. Any how the owner without getting permission from JMC started functioning of Jeweller Showroom Tanishq from May 1st 2024 . It is surprising to note that how JMC earlier 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.
On demands of aggrieved locals , the management of this newspaper thoroughly investigated details and published a detailed story along with pictures raising serious question mark on opening of Tanishq Jeweller Showroom dated 4-5-2024. JMC under immense public pressure and after the news item reached higher circles of top administration served owner sealing order vide No. JMC/DCS/G/2024-25/81-85 dated 4-5-2024 issued under section 330 of J&K Municipal Act 2000 and the premises literally sealed on 4-5-2024 evening. The owner against sealing order as mentioned above approached J&K Special Tribunal Jammu Bench-III vide File No. STJ/72/2024 dated 6-5-2024 in the case titled Kusum Rattanpal Vs Commissioner JMC & others. The counsel of petitioner challenged the sealing order on the ground that that JMC earlier rejected his client’s permission to open Jeweller Showroom Tanishq non-availability of land use Certificate from JDA which was issued by JDA on 2-4-2024 and after issuance of land use change permission from JDA , sealing order issued to his client becomes invalid and not applicable to his client. After listening to both sides, the Tribunal directed JMC to open the lock of Jeweler Showroom within two days with liberty to JMC to further proceed in accordance with law.
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 how JMC allowed 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.
