JMC must remember that running a commercial entity in a residential area does cause nuisance, environmental pollution due to ingress and egress of customers vehicles and disturbs the peace of the residents of the neighborhood thus affecting the quality of air, causes noise pollution and thus affects the right to life of the residents in the area as guaranteed by Article 21 of Indian Constitution
Conversion of residential house into commercial one is new trend prevailing in Channi Himmat Housing Board Zonal planned colony as the rate of commercial properties is touching sky in recent times and every influential owner of residential house taking into confidence concerned enforcement staff resorting to conversion of residential house into commercial one in sheer breach of lease deeds of Housing Board and also against JMP-2032 and Unified Building Bye laws 2021.
GY CORRESPONDENT
jammu, sep 11
Jammu Municipal Corporation Enforcement staff has crossed all limits of extending unfair patronage to violators that instead of performing their duty to stop unauthorized constructions specially allowing commercial constructions from residential constructions without any fear and regards for their Bosses and acting as if they are at helm of affairs and once they say yes to any violated construction, higher-ups in JMC won’t interfere. This corrupt practice has motivated and encouraged many potential violators to convert their residential houses into commercial ones without JMC permission which is even beyond jurisdiction of High Courts and Tribunals to allow conversion of residential house into commercial one in Zonal planned colonies
To put things in perspective, this newspaper published a detailed story dated 21-8-2021 along with pictures that that One Ashok Gupta s/o Rattan Chand Gupta owner of corner residential plot 274/3 measuring 35+42/2×55 (2117 Sqft) Channi Himmat Housing Board colony in Ward 50 on main road side of Colony in front of Luthra Academy having front road side measuring 20 ft and main road of colony nearly 60 ft towards other side of residential house purchased in the year 1987 and constructed a residential house in the year 1994 and since 2004 salready running unauthorized commercial shop under fictitious Board Atulya Laboratory and Lovely Medicos and Lab towards main road side of colony on ground floor of his residential house having lobby, drawing room and kitchen has started converting whole of residential ground floor into full-fledged commercial hall on RCC pillars after dismantling lobby, drawing room and kitchen by removing all the supportive walls but sadly JMC didn’t take any action against owner despite strong resentment by immediate neighbours and adjoining locals.
It deserves mentioning here that the owner encouraged by JMC no action for running shop since 2004 from residential house now from July-Aug 2024 motivated owner to convert residential ground floor into commercial as had the owner served any BOCA notice then the owner would have approached J&K Special Tribunal and may have obtained status quo but as JMC didn’t take any action against owner, the owner continuously running shop from his residential floor since 2004. Now owner fully patronized and supported by JMC enforcement staff deputed in Channi Himmat area has successfully managed to convert whole of residential ground floor into full-fledged commercial hall. When concerned Enforcement Inspector was asked how owner of residential house can convert whole of residential ground floor into commercial one without JMC permission which was also not within jurisdiction and competency of JMC to permit owner of residential house into commercial one, the enforcement staff replied that the owner has been asked to produce relevant records to somehow kill the time and to extend time to owner to complete conversion of residential ground floor into full-fledged commercial hall when owner deserves to be served demolition notice as the conversion
Cont. on Page 11
was duly highlighted by print media along with pictures
Worthwhile to mention here that , JMC’s no action when conversion of ground floor into commercial one was going on despite bringing the same into their kind notice and also highlighting conversion in print media, concerned JMC enforcement staff didn’t take any action against owner and as a result of which owner on 10-9-2024 midnight fitted big shutters on front side of residential ground floor and openly and brazenly declared full-fledged commercial hall on residential ground floor in presence of earlier Enforcement Inspector Ashwani Sharma followed by Enforcement Inspector Rattan Lal and now in presence of Enforcement Inspector Gagan Kumar who was on leave and joined services a week ago under the overall support of Enforcement Officer Anil Kashyap deputed in Channi Himmat area.
It deserves mentioning here that the owner has also raised violated residential construction by not observing mandatory setbacks and now completely converting residential ground floor into commercial will create more traffic nuisance for residents in the area as there is absolutely no parking facility at all. Conversion of residential house into commercial one is new trend prevailing in Channi Himmat Housing Board Zonal planned colony as the rate of commercial properties is touching sky in recent times and every influential owner of residential house taking into confidence concerned enforcement staff resorting to conversion of residential house into commercial one in sheer breach of lease deeds of Housing Board and also against JMP-2032 and Unified Building Bye laws 2021.
Commissioner JMC must seriously investigate how residential floor converted into commercial hall in residential area and seriously introspect and work on loop holes in the system so that these serious nature violations can be curved and so that every construction whether residential or commercial constructions are undertaken strictly as per approved site plan and also so that no one can dare to raise any nature construction without approval of site plans from JMC. Otherwise no relaxation will be enough to implement JMP-2032 and Unified Building Bye-laws 2021.
