Owner already facing Housing Board notice for running Narayana school, and Yoga club laboratory, library and café canteen on first floor of his residential house wherein he wrongly replied that he was not carrying any sort of commercial activity except some charitable work of his registered Trust/Library in a small part of his house at first floor.
Owner constructed two shops at ground floor and named one of shops towards main road side of colony as Garage and 2nd shop to open UCO Bank ATM to hoodwink general public as well as JMC authorities as the main gate of his residential house was towards other side and if Garage was to be constructed it should have been towards that side and also kept main entry towards main road side which was strictly permitted towards front side
GY CORRESPONDENT
jammu, aug 14
Jammu city are fast turning into breeding grounds for unauthorized conversion of residential properties for commercial purposes. The illegal conversion of residential properties into commercial properties continues unabated within jurisdiction of JMC particularly in J&K Housing Board Zonal planned colonies Gandhi Nagar, Shastri Nagar and Channi Himmat. Also, importantly too, it creates pressure on civic amenities including the water, electricity supplies, garbage disposal etc. While Master Plan is already in place, there is need for the government to act and take to task those who resort to illegality as well as against the official who allowed such illegalities.
To put the things in right perspective, one Ashok Kumar Gupta s/o Jagmohan Gupta purchased a corner residential plot 31/3 measuring 3162 Sqft Channi Himmat Housing Board colony Ward-50 in the year 1988. After obtaining permission from JDA which was prevalent at that time, the owner constructed violated residential house having ground and first floor in the year 2002-2003 against then Mater Plan 2021 and covered nearly 3000 Sqft area when he was entitled only 70% construction that is 2200 Sqft and didn’t follow mandatory setbacks particularly from backside. The owner later in the July-August 2013 constructed two shops at ground floor claiming to on let one of the shop to run UCU Bank ATM .It deserves mentioning here that on number of complaints regarding sheer breach of lease deed agreement, J&K Housing Board conducted a survey to verify the names of violators who converted their residential houses into commercial and also started commercial activity from their residential houses. Accordingly a list of 200 such violators was prepared and the same was published in print media seeking reply from violators over breach of lease deed agreement vide DIP/4094 dated 4-1-2020. Pertinent to mention here that the plot No. 31/3 also figured in list of violators for running Narayana school, and Yoga club laboratory, library and café canteen on first floor.
The owner against Housing Board notice replied 1-2-2020 that he was not carrying any sort of commercial activity except some charitable work of his registered Trust/Library in a small part of his house at first floor. The owner in disguise of Trust/Library was premeditated to run commercial activities from residential house and Trust/Library was basically shield cover to escape action from JMC for running commercial activities from residential House. This was vindicated when owner after replying to notice which was not thoroughly cross-checked encouraged owner to completely change internal and external dimension at ground floor. First of all the owner named one of shops towards main road side of colony as Garage and 2nd shop remained open as no ATM established to hoodwink general public as well as JMC authorities as the main gate of his residential house was towards other side and if Garage was to be constructed it should have been towards that side and also kept main entry towards main road side to so called Library at the first floor which was strictly permitted towards front side. but JMC enforcement staff despite well versed with open violations didn’t take any action against violator. However when immediate neighbours strongly resented commercial activity from residential house, JMC under pressure served owner BOCA notice over changing internal and external dimensions of ground floor of his residential house to which owner again befooled JMC and locals that UCO Bank ATM will be established at the shop constructed by owner which was again hoax and till date there is no such Bank ATM at the site.
Worthwhile to mention here that the owner getting full patronage of concerned enforcement staff now started commercial activity from whole of ground floor and on 10-8-2024 started sale of towels and blankets by putting small hoarding having written Vimal Furnishing home by converting ground floor residential into commercial hall and where owner had claimed to establish UCO Bank ATM now a shop with glass framework towards front side of main road of colony with proper door and curtains are openly visible which is also being used as entry gate also without JMC permission but with help of enforcement staff deputed in Ward-50. This has resulted serious traffic nuisance as the visitors park their cars on main road as there is no provision for public parking at the site.
It is highly unfortunate that Commissioner JMC so far has not been so successful in ensuring his instructions which are put in public domain whenever enforcement staff is transferred and also ignoring Commissioner’s order No. JMC/Estt/2728-34 dated 2-8-2024 by ensuring that enforcement staff conducts regular tours in the allotted wards and ensure that no illegal construction is done and take action as per JMC Act 2000 read with UBBL norms 2021 against all constructions being raised without any permission besides ensuring that all constructions being raised with permission from JMC are carried out as per the approved site plans and immediately report any violation. It has been widely reported that enforcement staff has badly failed to maintain proper register of ward and make entry of the action taken against violators as admissible under rules and also don’t immediately report opening of any commercial establishment without prior permission of JMC which requires NOC as per the provisions of JMC Act 2000 and also don’t redress grievances/complaints received from JKIGRAMS or on social networking sites particularly on Whatsapp.
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- Owner of residential plot 328/4,Ward-50 ,Channi Himmat Colony after highlighting of violated construction making land use change in public domain through print media installs back window towards front side of kitchen removed earlier but commercial hall on three floors are still intact covering porch area and not constructing open Verandah on Porch keeping windows and small door besides keeping side entry to reach at first and 2nd floor without maintaining setbacks and completely changing both internal and external dimensions against approved residential site plan
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- JMC unmoved towards open construction of commercial hall on ground floor in place of proposed kitchen by removing existing window and keeping provision for shutter and shop on porch area on residential plot 328/4 on main 60 ft road of Channi Himmat Colony in Ward-50 without maintaining setbacks making open land use change keeping separate entry from porch absolutely contrary to approved residential site plan
- JMC’s unfair functioning makes written undertaking by owner pledging to demolish violations more powerful than BOCA demolition notice under Section 7(3) as witnessed in case of residential house 203/2 on main road side Channi Himmat Ward-50 stopping proceedings under demolition notice when owner didn’t remove violations of converting residential porch into commercial shop which results in restart of whole of residential ground floor as commercial just before Diwali 2024 running garments business under name & Style, “RK Fabrics”
- JMC allows functioning of Axis Bank branch from violated two floor building when trial under BOCA notices 7 (1) & 7 (3) still going on at private land falling under Khasra No. 140/2 Min, Sector-3, Ward-51 Channi Himmat Housing Board colony without JMC NOC and without parking facility within premises
- JMC unaware of fresh construction/alteration on private land in Sector-3, Ward-51 Channi Himmat falling under Khasra No. 4 Min owned by Raman Sharma despite status Quo in place and sealing order intact and when trial of case still going on in High Court of Jammu and next date of hearing is on 22-11-2024
- JMC fails to stop ongoing construction of three unauthorized shops at bifurcated residential plot 29-C Shastri Nagar Housing Board Colony Ward-23 without approval of site plan from JMC despite letter by Dy General Manager Housing Board Unit-II, Jammu dated 18-10-2024 to Joint Commissioner ,JMC to stop ongoing unauthorized construction of three shops after lapse of residential approved site plan dated 26-11-2018 making land use change from residential to commercial
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