JMC maintains in BOCA notice under section 7(1) that owner against total plot area 936 sqft raised construction on an area of 907.5 Sqft , the owner constructed ground and first floors 907.5 Sqft each against permitted 711 Sqft making violations of 27.63% on each floor. The owner made hundred percent violations of both front and rear side by not leaving front side 9 ft and rear side 3 ft and 5 inch but failed to demolish violations as mentioned above`
JMC after 14 months of Bank branch functioning served owner demolition BOCA notice under provision of section 7 (3) under BOCA Act 1988 vide No. JMC/CEO/59/03/22 dated 14-3-2024 asking owner to demolish violations as projected in BOCA notice beyond approved site plan No. 14/BS/16 dated 7-4-2016 under provision of section 7(1) dated 11-1-2023 within five days failing which JMC will do the same at the cost and risk of owner. But surprisingly JMC didn’t mention in 7 (3) notice that owner has sublet his premises for running of Axis Bank branch without any parking facility.
GY CORRESPONDENT
jammu, nov 5
Smt Swarn Lata w/o late Rishi Goel r/o 247-Dal Wali Gali , Kanak Mandi Jammu purchase a private land comprising of Khasra No. 140/2 Min measuring 936 Sqft in Sector-3 main road measuring 60 ft adjoining with railway track in front of Yougal Sons ward-51 Channi Himmat Housing Board colony and got approved commercial site plan from JMC vide No. 14/BS/16 dated 7-4-2016. According to approved site plan, the owner was allowed ground and first floor 711 Sqft each . The owner was mandatory to observe setbacks including front 9 ft , rear 3 ft and 6 inch with height of building allowed as 26 ft as commercial site plan approved by JMC.
The owner deviating from approved site plan raised violated construction of ground and first floors by covering hundred percent area without maintaining mandatory setbacks neither from front side for parking nor from rear side. Sadly when this violated construction was going on, JMC didn’t take any action against owner despite locals brought the same in kind notice of concerned enforcement staff and even higher JMC Authorities. As a result of which one of the locals who is happened to be RTI/Social Activist filed a RTI application dated 15-4-2019 to seek information why the deserving action under BOCA Act 1988 is deliberately delayed against owner but the concerned CPIOs provided misguiding information.
As usual, JMC in order to save their skin under huge public pressure and when the same was also highlighted by print media along with pictures at that time, JMC served owner sealing BOCA notice under provision of section 8(1) vide No. JMC/CEO/518-20 dated 25-9-2020 and sealed premises when the violated construction was nearing completion. However as per BOCA notice , JMC claimed that the owner has fixed an iron rolling shutter on the ground floor of his premises without permission of JMC. The owner against JMC’s sealing order approached Hon’ble High Court Jammu and got status Quo order against sealing order under case WP © No. 577 of 2021 dated 24-3-2021 with the direction to Joint Commissioner JMC to de-seal the premises of owner. JMC in compliance of High Court Jammu order de-sealed premises of owner vide No. JMC/Estt/4912-15 dated 4-8-2021.
Meanwhile High Court Jammu vide order dated 6-12-2022 disposed off main writ petition with a direction to JMC which is reproduced as under:- The purpose and object of legislation to be deal with any construction raised in tune or against the permission can be achieved by pressing into service section 7 (1) , 7(3) of BOCA Act 1988, therefore , we deem it proper to dispose off this writ petition by maintaining order dated 24-3-2021 granting status Quo order with liberty to the respondents to deal with the petitioner for having made the construction, if any against the provision of the BOCA Act 1988.
Meantime the JMC served owner fresh BOCA notice under Section 7(1) under BOCA Act 1988 vide No. JMC/CEO/59/01/2022 dated 11-1-2023 serving owner 48 hours ultimatum to reply to this notice as to why Khilafwarzi should not demolish/sealed his premises. As per BOCA notice, JMC claimed that owner against total plot area 936 sqft raised construction on an area of 907.5 Sqft , the owner constructed ground and first floors 907.5 Sqft each against permitted 711 Sqft making violations of 27.63% on each floor. The owner made hundred percent violations of both front and rear side by not leaving front side 9 ft and rear side 3 ft and 5 inch.` It deserves mentioning here that the measurement of violations was on faulty lines as when as per JMC in BOCA notice under section 7(1), the owner made hundred percent violations of both front and back side then how come owner raised 907.5 Sqft as ground floor against permitted 936 Sqft besides extending galleries from front side by 3 ft each on ground and first floor.
Worthwhile to mention here that the owner without JMC permission and also without obtaining mandatory NOCs from all concerned Govt departments sublet both floors to Axis Bank for opening of bank branch and installed electricity polls on public road to avail electricity by managing personal big size transformer covering public road when the owner was not allowed to cover public road and Axis Bank branch started functioning in Channi Himmat area without parking facility.
JMC after 14 months of Bank branch functioning served owner demolition BOCA notice under provision of section 7 (3) under BOCA Act 1988 vide No. JMC/CEO/59/03/22 dated 14-3-2024 asking owner to demolish violations as projected in BOCA notice raising violated construction beyond approved site plan No. 14/BS/16 dated 7-4-2016 under provision of section 7(1) dated 11-1-2023 within five days failing which JMC will do the same at the cost and risk of owner. But surprisingly JMC didn’t mention in 7 (3) notice that owner has sublet his premises for running of Axis Bank branch without any parking facility.
The owner against JMC’s demolition notice approached J&K Special Tribunal Bench-III Jammu and got status quo order dated 19-3-2024 vide No. STJ/iii/50/F/2024 asking both JMC and owner to maintain status Quo at site with liberty to JMC to take further course of action as per law against owner in case the owner violates status Quo order. The JMC was also directed to produce geo-tagged digital photographs as well as building permission before J&K Special Tribunal during next date of hearing . But despite this when the case is still under trial, the Axis Bank branch is continuously functioning in residential area which is not only tragic but also fully exposed the functioning of JMC which has always been found more inclined towards violators rather than ensuring every construction strictly as per approved site plan and in the present case same has been done by JMC enforcement staff which avoid any action against owner at the initial stage of violated construction and then JMC put up very weak defence when the matter reached before competitive courts. Commissioner JMC should take serious cognizance of function of private bank branch without any parking facility and also without JMC permission.
