JMC in BOCA notice 7 (3) projected violated area of 360 Sqft against sanctioned 1960+ 180 Porch area making it 16.8%, first and 2nd floors constructed 2915 Sqft each against permitted 1960 Sqft covering excess area 955 Sqft making violations as 48.7%. In the notice it was wrongly mentioned that owner was to leave front 19 ft 9 inch and owner left 25 ft 3 inch however as per approved site plan the owner was mandatory to leave nearly 31.5 ft from front side. However in reality the violation of front side was 6 ft 2 inch, likewise the owner was supposed to leave rear 10 ft but left nothing and made 100% violations, side-1 was to be left 10 ft and owner left only 5.5 ft and made nearly 45% violations, other side was to be left 6.6 ft but owner left only 6 ft.
When an RTI application filed in this regard dated 14-6-2024 seeking information why status Quo order was not implemented at the site and how during status Quo order owner managed to complete pending construction and started residing inside premises during status Quo order still in operation in month of June 2024, why no fresh notice served to owner, Enforcement officer Anil Kashyap deputed in Channi Himmat area replied that asked information pertains to legal section but legal section replied that asked information pertains to Enforcement section. Even First Appellant Authority order dated 13-8-2024 ordered that complete information be provided to information seeker within 15 days but the asked information is still awaited.
GY CORRESPONDENT
jammu, sep 02
One Subash Chander s/o Raj Gopal owner of residential plot 9 Sector-6 measuring 50×100 (5000) Sqft on the main central road side of Channi Himmat Housing Colony in Ward-50 got approved building plan from JMC vide No. 1423/JMC/BS/2020 dated 31-3-2021. As per approved site plan, the owner was allowed ground floor 2140 Sqft including porch 180 Sqft, first and 2nd floors 1960 Sqft each. The owner was mandatory to observe setbacks including front 31.5 ft, side-1 ,10 ft, side-II, 6.5 ft and rear 10 ft . The owner with the help of concerned enforcement staff raised violated structure against residential approved site plan without maintaining setbacks. JMC served owner COBO notice under Section 7(1) vide No. MJ/CEO/19/1/21 dated 20-7-2021 maintaining that the owner has raised the construction against the approved building plan of JMC vide No. 1423/JMC/BS/2020 dated 31-3-2021. As per notice, the owner was asked to reply to notice within period of 48 hours as to why the Khilafwarzi/violation should not be demolished. However the COBO notices served to owner proved mere eyewash as the owner continued the construction with the help of enforcement staff deputed in the area.
JMC however to save their skin after serious questions were put to enforcement staff how unauthorized construction continued even after serving COBO notices to owner at the initial stage, JMC after time period of two months served owner COBO notice of demolition under section 7(3) vide No.MJ/CEO/19/03/2021 dated 11-9-2021 issued by Joint Commissioner ( R&E) after expiry of 52 days when there floors of equal size of violative construction was already completed besides the owner also did not construct Porch and constructed three equal floors covering 2500 Sqft each.
As per the notice JMC maintained that the owner violated an area of 360 Sqft against sanctioned 1960+ 180 Porch area making it 16.8%, first and 2nd floors constructed 2915 Sqft each against permitted 1960 Sqft covering excess area 955 Sqft making violations as 48.7%. Similarly the owner was to leave front 19 ft 9 inch and owner left 25 ft 3 inch however as per approved sute plan the owner was mandatory to leave nearly 31.5 ft from front side. However in reality the violation of front side was 6 ft 2 inch, likewise the owner was supposed to leave rear 10 ft but left nothing and made 100% violations, side-1 was to be left 10 ft and owner left only 5.5 ft and made nearly 45% violations, other side was to be left 6.6 ft but owner left only 6 ft.
However the owner approached J&K Special Tribunal against BOCA notice served to owner under section 7(3) and got Status Quo vide No.STJ/iii/F/236/2021 dated 15-9-2021. Special Tribunal in its judgement asked the Council of owner to produce digital photographs of structure and accordingly the next hearing was fixed on 29-10-2021 and till date the case is still under trial before Bench-III. But the owner did not abide by the direction of Tribunal and by covering the front side of structure with large opaque sheets continued work viz tiles work, marble laying, ceiling work and other allied works. But the JMC didn’t file appeal against owner before Tribunal over contempt of Tribunal order.
However when the trial began again,JMC filed favourable objections in favour of owner and did not point out actual violations in objections filed as mentioned above especially from front side wrongly saying that the owner was to leave 19’ 9” whereas as per approved site plan the owner was to leave 31’ 5” and on the ground the owner only left 25’.3” according to JMC besides total violations as observed by JMC was 2273 Sqft whereas the actual violation is much more than the JMC quoted. Moreover the owner also raised 4th floor excluding Mumty which was not mentioned in objections filed by JMC.
The Tribunal Bench-III in its final verdict under File No. STJ/236/2021 dated 9-5-2024 said that without going into merits of the case, the said impugned order is therefore set aside issued under 7(3) by Joint Commissioner (R&E) JMC Jammu dated 11-9-2021 and said that Commissioner JMC is expected to take necessary steps for delegation of power under section 6, 7 (3) and (8) of the COBO Act 1988 upon the Joint Commissioner (R&E), JMC or any other officer to avoid any delay on this account in expeditors disposal of appeals as provided under Sub section (3) of Section (13) of COBO Act 1988. However Tribunal ordered that Status Quo granted by Tribunal dated 15-9-2021 will remain in operation against appeal filed by owner dated 13-9-2021 in case titled Subash Chander Sharma Vs JMC BOCA Aurhority with liberty granted to JMC `Commissioner to exercise power vested with the Commissioner to require alteration of work in order to bring the structure in conformity with the building permission under section 256 of JMC Act 2000.The Tribunal further ordered that Status Quo will remain in operation till JMC Commissioner takes further action as vested in him under Section 256 as per JMC Act 2000.The Tribunal ordered that its status Quo will remain in place and this order with proper receipt Commissioner JMC dated 16-5-2024
Meanwhile JMC didn’t ensure proper implementation of status Quo order at the site and the owner with the help of enforcement staff deputed in the area managed to complete construction in all respects within month time and enter premises but sadly JMC didn’t take any cognizance of this violated construction and also Dy Commissioner South, JMC who is also incharge of BOCA Authority in Channi Himmat area is perhaps one of the beneficiary of this violated construction as the owner must have offered precious gifts to enforcement staff to escape action from JMC and also from contempt of Tribunal status Quo order.
When an RTI application filed in this regard dated 14-6-2024 seeking information why status Quo order was not implemented at the site and how during status Quo order owner managed to complete pending construction and started residing inside premises during status Quo order still in operation in month of June 2024 and why no fresh notice served to owner as per Tribunal direction. The Enforcement officer Anil Kashyap deputed in Channi Himmat area while replying to RTI application vide No. JMC/Enf/175-79 dated 24-7-2024 replied that asked information pertains to legal section but legal section replied that asked information to Enforcement section. Even First Appellant Authority order dated 13-8-2024 ordered that complete information be provided to information seeker within 15 days but the asked information is still awaited.
It deserves mentioning here that 2273 Sqft violations on three floors is still intact but JMC neither appealed against violation of Tribunal status Quo order nor owner applied for compounding of violations which caused serious loss to JMC exchequer worth lacs due to dereliction of duty on part of concerned enforcement staff deputed in Channi Himmat area which is a serious development as JMC was duty bound to take serious action against owner under JMC Act 2000 for violation of status Quo order but did nothing as a result of which violations of 2273 sqft on three floors were not removed and also no compounding of violations was done and owner despite all this has already started residing in premises. Commissioner JMC should take serious cognizance of this and whosoever is guilty in helping raising such a violated structure should be taken to task henceforth.
