Serious nature violations at e site wherein owner constructed altogether commercial construction on ground and first floor were not highlighted in BOCA notices under Section 7(3) and 7(1) served to owner and in a way made every possible efforts to save commercial construction of owner raised after getting residential site plans approved from JMC and covering hundred percent plot area and raising both ground and first floor both measuring 1040 Sqft each against permitted 510 sqft without maintaining setbacks and any provision of public parking within premises
Owner deviating from residential approved site plan raised illegal and unauthorized construction in excess of permitted area including three shops on ground floor keeping small gate on right side to reach at first floor , raised commercial construction hall 1040 Sqft on first floor and 2nd floor commercial hall also measuring 1040 sqft without maintaining setbacks thus raising three commercial floors after getting residential site plans approved from JMC. The owner raised 2nd floor without getting site plan approved from JMC
GY CORRESPONDENT
jammu, OCT 24
JMC served a demolition notice under section 7(3) under COBO Act 1988 vide No. MJ/CEO/128/3/2018 dated 14-12-2018 to Raman Sharma s/o Lt Rameshwar Sharma on private land of village Channi Kamala , Sector-3, Ward-51Channi Himmat Housing colony falling under Khasra No. 4 Min on main road of Railway track for starting shuttering work over the existing walls on 2nd floor without permission of JMC without maintaining setbacks claiming that the said illegal construction seriously affects the planned development of Jammu city and contravenes the zoning regulation . The owner was served 5 days ultimatum to demolish violated construction failing which the same will be done at his risk and cost.
It deserves mentioning here that present owner Raman Sharma had purchased this private piece of land having existing ground floor from Avtar Singh s/o Gurcharan Singh on whose name the residential site plan was approved from JMC vide No. 1355/BS/2010 dated 25-1-2011 allowing owner ground ground floor 510 Sqft and thereafter the owner again got approved site plan vide No. 636/BS/17 dated 7-3-2018 allowing owner first floor residential 510 Sqft on existing ground floor as residential . The owner was duty bound to observe setbacks including front – 8 ft 3 inch , Rear- 5 ft for residential purpose. But the new owner Raman Sharma deviating from residential approved site plan raised illegal and unauthorized construction in excess of permitted area including three shops on ground floor keeping small gate on right side to reach at first floor raised commercial hall 1040 Sqft against permitted 510 sqft on first floor and 2nd floor commercial hall also measuring 1040 sqft covering hundred percent plot area without maintaining setbacks. The owner raised 2nd floor commercial hall without getting site plan approved from JMC.
When locals strongly objected commercial construction after getting approved residential site plan , JMC in order to save their skin served owner BOCA notice under section 7(1) vide No. JMC/CEO/128/1//2018 dated 10/12/2018 serving owner 48 hours ultimatum to reply as to why Khilafwarzi should not demolish the violated construction raised contrary to approved residential site plan.
Worthwhile to mention here that the serious nature violations at the site wherein the owner raised altogether commercial construction on ground and first floor were not highlighted in BOCA notices under Section 7(3) and 7(1) served to owner and in away made every possible efforts to save the commercial construction of owner raised after getting residential site plan approved from JMC and covering hundred percent plot area and raising both ground and first floor both measuring 1040 Sqft each against permitted 510 sqft as residential.
Anyhow JMC sealed commercial building under section 8(1) of BOCA Act 1988 vide sealing order No. JMC/CEO/29-31 dated 14-12-2018 issued by then Joint Commissioner (Adam) JMC claiming that the owner didn’t stop unauthorized commercial construction despite serving him notices under Section 7 (1), 12 (1) and 7(3) . It deserves mentioning here that JMC in the name of sealing commercial violated building sealed only small gate at ground floor to reach at first and 2nd floor. The owner meanwhile approached J&K Special Tribunal against BOCA notice 7(3) dated 14-12-2018 and got status Quo from Tribunal. The JMC filed objections before Tribunal .However Tribunal decided appeal vide File No. STJ/266/18 dated 31-8-2020 setting aside impugned order under 7(3) notice dated 14-12-2018 and directed JMC to de-seal the building.
JMC however didn’t de-seal the building and infact approached Divisional Bench of J&K High Court Jammu against Tribunal’s order dated 31-8-2020 under WP (C ) No. 2258/2021 ,CM No. 8037/2021 in case titled JMC BOCA Authority Vs Raman Sharma r/o Channi Himmat Jammu and obtained status Quo order against Tribunal’s order dated 31-8-2020 and next date of hearing fixed on 7-12-2021. Since then the case is still pending before High Court Jammu. It deserves mentioning here that the owner Raman Sharma also filed Civil Miscellaneous petition (CMP) under CM No. 7833/2023 whose next date of hearing along with main petition WP (C ) No. 2258/2021 has been fixed on 22-11-2024 wherein JMC has been given final opportunity to file objections in the case under order passed by High Court dated 9-10-2024.
It is pertinent to mention here that despite status Quo order of High Court dated 21-10-2021 in place and the trial of above mentioned case is still pending before High Court, the owner on his own from the last one week has restarted construction including making alteration and also plaster work on first floor and also constructing bathroom towards backside facing railway track without any de-sealing order and also in contempt of High Court order besides without permission from JMC by opening small gate at ground floor which was sealed . In light of above Commissioner JMC should personally intervene as contempt of High Court orders is serious nature offence and whosoever is responsible for dereliction of duty from JMC side should be punished as per established rules and norms under law.
