When violations were compounded, there was no partition of walls and in no sense it was a residential construction and there were three big commercial halls more of a restaurant type and also finishing work including marble and tile laying and other accessories were almost nearly completion along with proper white washing which was not taken care of JMC higher authorities and also field staff of JMC. However concern field staff including concerned Enforcement Inspector visited the site nearly after six months of depositing compounding fee and report that owners have not raised the partition walls and the construction is not going as per approved building plan
Chairperson J&K Special Tribunal in its order dated 7-8-2024 directed owners to furnish a security bond to the tune of Rs 20 lacs within 48 hours and asked JMC to strictly monitor the maintenance of status Quo and submit report in this regard during next date of hearing. The Court categorically maintained that in case owners make any further violations of status quo order, the security bond furnished by owners shall be forfeited and JMC will be at liberty to proceed with demolition of structure but owners undergoing finishing work since de-sealing of premises but JMC hasn’t taken any action against owners proving their close proximity with owners
Eyewitnesses have disclosed that the main gate opens at 9 AM to ensure entry of laborers and construction materials and once they enter premises the gate is closed. The finishing work lasts whole day and at 7 PM the gate is again opened for departure of laborers. This same pattern is going on since the de-sealing of premises.. In all this JMC enforcement staff who was directed by Hon’ble Chairperson, J&K Special Tribunal Jammu to strictly implement status quo order at the site didn’t take any action against owners besides warning to owners that in case of violation of status quo ,the security bond worth Rs 20 lacs shall be forfeited
GY CORRESPONDENT
jammu, oct 01
JMC vide order No. JMC/CEO/1527-29 dated 13-3-2024 sealed violated three commercial halls without any internal walls partitions raised on residential plot 71/5 (40×80 Sqft) measuring 293 Sqm(3154 Sqft) Channi Himmat Housing Colony owned by Gagandeep Singh Bedi and Pawandeep Singh Bedi sons of Jaswinder Singh Bedi against residential approved site plan 1082/JMC/BS/2022 dated 10-8-2022. As per sealing order, the owners raised ground floor 181.22 Sqm exceeding area 20.22 sqm (12.55 %) , first and 2nd floors 185.59 Sqm each exceeding both floors by 24.59 sqm (15.27 % each) whereas ground, first and 2nd floors as per approved site plan was permitted 161 Sqm on each floor. The owners also violated rear side as they were supposed to leave 2 mtr but left 0.84 mtr making violation of 58%. The height of building was fixed 9.85 mtr but owners raised height of building up to 10.82 mtr making violation of 9.84%.. However in this sealing order, JMC maintained that the use of building is residential but with regard to raised commercial construction very cleverly remarked that the raised construction is not defined whereas at the site it was clearly visible that there were three floor commercial halls without any internal partitions of walls. Worthwhile to mention here that from day one of construction, the owners of 71/5 were enjoying patronage of JMC higher officials including concerned enforcement staff who didn’t take action against owners at the initial stage of violated structure from ground floor to 4th floor. However earlier under
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public pressure and to somehow save their skin served owners fresh notice under section 7(3) of COBO Act, 1988 dated 22.05.2023 wherein violations as mentioned in 7(1) notice were reduced to below 10%.Whereas, after issuing final notice to owners gave a reply that the violation of the building is under 10% which is compoundable as per Master Plan 2032/Unified Building Bye Laws-2021, and also stated that as Commissioner, JMC has ample powers to compound the area (i.e. per UBBL-2021 the 10%). Then file was sent to building section for calculation of compounding fee and as per report of building section the violations done at the site is less than 10%, which is compoundable as per UBBL 2021 and amendments thereof and same has been calculated in Rs.14100/- (fourteen thousand one hundred only). Accordingly JMC served owners compounding order vide No. JMC/CEO/733-36 dated 8-9-2023 and accordingly owners deposited compounding fee vide receipt No. 4721 dated 11-9-2023
Pertinent to mention here that when violations were compounded, there was no partition of walls and in no sense it was a residential construction and there were three big commercial halls more of a restaurant type and also finishing work including marble and tile laying and other accessories were almost nearly completion along with proper white washing which was not taken care of JMC higher authorities and also field staff of JMC. However concern field staff including concerned Enforcement Inspector visited the site nearly after six months of depositing compounding fee and report that owners have not raised the partition walls and the construction is not going as per approved building plan.
The mockery of serving BOCA notices didn’t stop here as in the sealing order notice under 8 (1) of J&K Control of Building Operation Act, 1988, vide No. JMC/CEO/1527-29 dated 13-3-2023, the violations once again enhanced to 181.22 Sqm on ground floor, making excess violation of 20.22 and making it 12.55% excess violation. Likewise first and 2nd floor violations enhanced to 185.59 Sqm making it excess violation as 24.59 Sqm and making it 15.27% excess violations on each floor. However the violation of height of building was 9.84 %. It deserves mentioning here that the building was physically sealed on 22-3-2024.
Meanwhile owners against sealing order approached Hon’ble High Court under CM (4479/2024) in WP© 1464/2024 for withdrawal of main writ petition and accordingly petition withdrawn. Surprisingly the owners also approached Hon’ble High Court under CM No.4486/2024 in WP © No.1840/2024 for withdrawal of main writ petition and accordingly petition withdrawn. Continuing further drama, Dy Commissioner South JMC again served owners notice under Section 253(1) of JMC Act 2000 vide No. JMC/DC(S)/Enf/134-37 dated 24-6-2024, and after two months served demolition notice under section 253 (1) vide No. JMC/DC(S)/Enf/165-68 dated 1-8-2024 to remove violations within seven days failing which the structure will be demolished. However owners against these notices approached Hon’ble Chairperson J&K Special Tribunal at Jammu vide File No. STJ/126/2024 dated 6-8-2024 for setting aside both these notices. The Counsel of owners strongly objected as to why JMC served owners impugned notices under two different Acts one under section 8(1) of COBO Act, 1988 dated 13-3-2024 sealing building of owners and another notice under Section 253(1) of Municipal Act 2000 bearing No. JMC/DC (S)/Enf/165-68 dated 1-8-2024 wherein owners were directed to remove violations within seven days failing which the structure will be demolished. The Counsel of JMC in this regard sought time from Court which was granted and meanwhile the Court ordered that status Quo will remain in place and both parties that is owners and JMC will maintain existing Status Quo at the site. It deserves mentioning here that the JMC deliberately didn’t project serious nature violations in shape of three commercial floors on residential plots without any internal partitions besides nowhere mentioned that the owners had also raised violated 4th floor also measuring 500 Sqft excluding Mumty.
Worthwhile to mention here that, the Court in its order dated 7-8-2024 directed owners to furnish a security bond to the tune of Rs 20 lacs before Dy Registrar of J&K Special Tribunal within 48 hours and asked JMC to strictly monitor the maintenance of status Quo and submit report in this regard during next date of hearing. The Court categorically maintained that in case owners make any further violations of status quo order, the security bond furnished by owners shall be forfeited and JMC will be at liberty to proceed with demolition of structure. Surprisingly the Counsel for owners urged Hon’ble Court to de-seal the premises for a period of ten days claiming that owners want to undertake a religious function in the premises which the court granted and at the same time asking JMC to again seal the premises strictly after ten days and accordingly listed next date of hearing on 3-9-2024. It deserves mentioning here that the premises physically sealed on 10-8-2024. However the owners moved another application before Chairperson J&K Special Tribunal Jammu on 23-8-2024 for extending conditional de-sealing period of premises for further ten days upto 3-9-2024 when the main case is listed. The Court granted ten days extension vide No. STJ/1/577-80 dated 23-8-2024 as no one from JMC side was present to plead the case. It deserves mentioning here that the case was listed on scheduled date of hearing on 23-8-2024 but the Court adjourned and accordingly next date of hearing was fixed on 27-9-2024. On 27-9-2024, the Hon’ble Chairperson managed proceedings of the case through virtual mode and fixed next date of hearing on 8-10-2024.
It is pertinent to mention here that as per reports of locals no religious programme organized within premises by owners on the basis of which conditional de-sealing order was granted in favour of owners and the owners utilized this time to complete remaining finishing work including tiles and marble laying work besides allied works of full-fledged commercial structure having three commercial halls without any partition of walls. Eyewitnesses have disclosed that the main gate opens at 9 AM to ensure entry of laborers and construction materials and once they enter premises the gate is closed. The finishing work lasts whole day and at 7 PM the gate is again opened for departure of laborers. This same pattern is going on since the de-sealing of premises.. In all this JMC enforcement staff who was directed by Hon’ble Chairperson to strictly implement status quo order at the site didn’t take any action against owners who were also warned by Hon’ble Chairperson that in case they make any violation of status Quo order , the security bond furnished by them during de-sealing of premises shall be forfeited didn’t abide by Chairperson J&K Special Tribunal Jammu direction while granting ten days conditional de-sealing order in favour of owners.
In light of above , the present case raises serious question mark on the credibility and sincerity of Commissioner JMC and also put question mark on credibility of BOCA notices as mentioned in this story which has only encouraged unauthorized constructions in Municipal areas against Building Bye-laws 2021 and JMP-2032 and making land use use has seriously caused loss to Govt exchequer and has seriously dented deteriorating image of JMC by allowing such constructions in Zonal planned Channi Himmat Housing Board colony. The present case deserves high level investigation by country’s premier investigating agencies so that whosoever involved in this may be suitably punished.
