Enforcement staff deputed in Channi Himmat area deliberately ignored action under Building Regulations section 242, 243,244 of JMC Act 2000 and under section 2.11 as per Unified Building Bye-laws 2021 which says that no person shall erect or commence to erect any building or execute any of the works specified in these sections except with the previous sanction of the Commissioner. Further any person who intends to erect a building shall apply for sanction by giving notice in writing intention to the Commissioner in such form and containing such information as may be prescribed by Bye-laws
The way the BOCA notice under provision of 253(1) and 258(1) of JMC Act 2000 vide No. JMC/DC(N)/Enf/279-82 dated 11-11-2024 pasted on gate of premises of Kala Mahajan on 13-11-2024 evening opposite Kalyan Jewellers, Ward-51 Channi Himmat Jammu and physically sealed premises of Kala Mahjan on 19-11-2024 evening under provision of section 253 of JMC Act 2000 and section 2.11 as per Unified Building Bye-laws 2021 , Rajinder Sharma and proprietor of Monte Carlo showroom deserved to be sealed but spared which is highly questionable on part of enforcement staff and also against solemn pledge of performing professional duties which ought to be performed without favourtism and nepotism and without favour & prejudice against any one.
GY CORRESPONDENT
jammu, nov 21
JMC enforcement staff already well known for taking action against violators on pick and choose basis resorting to open favourtism and nepotism has been yet again exposed by taking action against one violator Kala Mahajan opposite Kalyan Jewellers in Ward-51 only when in the detailed story published on 12-11-2024 along with pictures and earlier on 19-10-2024 that JMC openly facilitating land use change from residential houses into commercial on private properties in Sector-3, Ward-51 falling under Khasra No. 427 Min owned by Rajinder Sharma who has sublet his premises for running silver showroom on ground floor and beauty salon on first floor whose finishing work as on date going on, Archana wife of late Lt Sunil Sharma who has further sublet it to one Seth r/o Channi Himmat who further sublet the same to run international garments brand under name and Style, Monte Carlo from July 2024 and also raising unauthorized first floor commercial without JMC permission against JMP-2032, Unified Building Bye-laws 2021 making mockery of JMC Act 2000. It deserves mentioning here in the story published by this newspaper every relevant detail was highlighted how owners openly and brazenly made land use change but concerned JMC enforcement staff led by Enforcement Officer Anil Kashyap and Enforcement Inspector Varun Kesar and earlier Enforcement Inspectors deployed in Channi Himmat area from time to time allowed the same despite strong resentment by aggrieved locals and also after aptly highlighted by print media particularly from point of view of traffic congestion as all these premises don’t have any parking facility within their premises and whosoever visits or will visit these commercial premises will park their vehicles on main road thus causing traffic jams.
Coming back to story under public pressure, however JMC enforcement staff on pick and choose basis sealed premises of Kala Mahajan only when the initial stage BOCA notices were also served to Rajinder Sharma and proprietor of Monte Carlo Showroom when the open land use change from residential to commercial case of Rajinder Sharma and proprietor of Monte Carlo Showroom are adjoining to each other and falls under same Khasra No. 427 Min. The way the BOCA notice under provision of 253(1) and 258(1) of JMC Act 2000 vide No. JMC/DC(N)/Enf/279-82 dated 11-11-2024 pasted on gate of premises of Kala Mahajan on 13-11-2024 evening opposite Kalyan Jewellers, Ward-51 Channi Himmat Jammu and physically sealed premises of Kala Mahjan on 19-11-2024 evening under provision of section 253 of JMC Act 2000 and section 2.11 as per Unified Building Bye-laws 2021 when he has done nearly 50% conversion why the same was not done in case of other two violators Rajinder Sharma and proprietor of Monte Carlo showroom when they were also potential violators who openly and brazenly made 100 % land use change from residential to commercial which is highly questionable and also against solemn pledge of performing professional duties which ought to be performed without favourtism and nepotism and without favour & prejudice against any one.
It deserves mentioning here that had the JMC enforcement staff taken timely action against violators when this newspaper aptly highlighted open land use change from residential to commercial, it would have been widely appreciated and would have served deterrent for future violatos but the delayed action by JMC enabled violators to complete conversion from residential to commercial. Particularly in case of Rajinder Sharma shutter installation work after removing main entry gate continued on 19-11-2020 and 20-11-2020 the day this newspaper published story and the owner was deliberately allowed decent time to complete conversion from residential to commercial.
Worthwhile to mention here that when this newspaper in earlier story properly highlighted that Rajinder Sharma making land use change at night and has already removed windows and doors on first floor commercial constructed without JMC permission, JMC enforcement staff didn’t take any action against owner as a result of which both the floors successfully converted from residential and commercial and necessary merchandise already fitted to run Silver showroom on ground floor and national level beauty Saloon which as per sources will be run by one Tarlok Mahajan who is already running Kalyan Jewellers.
Similarly unauthorized running of Monte Carlo Showroom was also highlighted by this newspaper that how owner converting residential accommodation into commercial earlier running hardware shop and then subletting the same to one Seth to run Monte Carlo Showroom which has been running from July 2024 after completely changing ground floor residential into full-fledged commercial by removing internal walls partition and not only this the owner without JMC permission raised first floor commercial but sadly nothing was done by concerned Enforcement staff deputed in Ward -51 Channi Himmat Housing Board Colony. The failure on part of JMC enforcement staff to take action against above mentioned owners for making open land use change from residential to commercial situated on main road of Channi Himmat Housing Board colony is quite unfortunate and which at the same time speaks volumes the sincerity of enforcement staff which is known for taking action against owners on pick and choose basis.This is also a serious development as this has badly shattered the faith of Municipal residents in JMC’s Grievances Redressal Mechanism which present Commissioner making every possible effort to make it more transparent and effective but due to favoritism of enforcement staff after getting palms greased making every effort of Commissioner JMC a futile exercise in absence of effective enforcement on the ground.
Worthwhile to mention here that JMC was duty bound under Building Regulations section 242, 243,244 of JMC Act 2000 and under section 2.11 as per Unified Building Bye-laws 2021 which says that no person shall erect or commence to erect any building or execute any of the works specified in these sections except with the previous sanction of the Commissioner. Further any person who intends to erect a building shall apply for sanction by giving notice in writing intention to the Commissioner in such form and containing such information as may be prescribed by Bye-laws but the same was not observed in violation cases as mentioned above and deliberately spared action against owners after joining hands with them. Moreover as per JMC Act 2000, the entire action against illegal construction from issuance of initial notice to final notice has to be accomplished within no time but in present case where Enforcement Inspector is hand in gloves with violator, the action initiated remains only in files but on ground the operation is still going on which speaks volumes about modus operandi of Enforcement staff and potential violators.
