JMC failed to take section against owners under Section 242 of 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 Section 244 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
Though there are both national and international brands making their presence felt in Sector-3, Ward-51 like Kalyan Jewellers, Monte Carlo, Bikano ,Yougal Sons and many more but none of them having any parking facilities and the customers who visited these enterprises park their vehicles on main road side thus causing serious nature traffic congestion and jams causing locals delay of hours to reach their destination but the conversion of residential houses into commercial ones going on unabated without requisite parking facilities but JMC hasn’t taken any action nor showing any intend to stop land use change from residential to commercial in lieu of illegal gratification at the cost of JMP-2032 and Unified Building Bye-laws 2021 and last but not the least making open mockery of JMC Act 2000
GY CORRESPONDENT
jammu, oct 18
One Rajinder Sharma s/o late Ram Rattan Sharma having existing two shops on ground floor and remaining area as residential accommodation and residential accommodation on first floor also measuring nearly 2500 Sqft on private land falling under Khasra No. 427 Min, Sector-3 Wartd-51 Channi Himmat Housing Board Colony on main road of Railway track from May-June 2024 onwards started converting first floor residential house into commercial one by removing windows and ventilators towards front side and also walls of residential accommodation on existing shops towards backside besides also removing windows and doors on first floor residential having no parking facility in front of Kalyan Jewellers with the help of enforcement staff deputed in the area without prior permission from JMC and made land use change without permission from JDA but JMC didn’t take any action against owner when violated construction going on from the last four months.
It deserves mentioning here that as per instructions and guidance of enforcement staff, the owner initially undertook commercial conversion at night to hoodwink general public and locals but now cat is out of bag and it is now clearly visible from the pictures clicked on 16-7-2024 by aggrieved locals that the owner is without any doubt undergoing conversion of his residential house into full-fledged double story commercial one on solid RCC pillars and the construction still going on.
It is surprising to note that the commercial conversion from residential is going on from the last six months but so far JMC has not taken any action against JMC Act 2000 despite violated construction duly highlighted by print media along with pictures on complaint of aggrieved locals perhaps the enforcement Inspector deputed in the area might have switch on towards owner and may not have submitted any violation report which has been seen in most of the cases where concerned Enforcement Inspectors don’t report violations at initial stage and whatever eyewash action they take against violators is after the violations are highlighted by print media along with pictures.
In this regard when RTI application filed dated 24-7-2024 along with pictures indicating open conversion of residential house by owner Rajinder Sharma on ground and first floors into full-fledged commercial, the Senior Town Planner vide covering letter No. JMC/BS/RTI/188-90 dated 22-8-2024 replied that no permission has been granted to owner for conversion of residential house into commercial and with regarding to violations of land use change asked information pertains to Enforcement section which as on date hasn’t provided any information. Moreover during hearing of First Appeal, the Enforcement Officer Anil Kashyap deputed in Channi Himmat area wrongly claimed that his section hasn’t received filed RTI and as and when he receives RTI Application will reply to information seeker. Then the question which needs to be answered by Enforcement staff deputed in area with whose permission the owner converted residential ground and first floors into commercial by changing internal and external dimensions including removing internal walls and also removing windows and doors to pave way for two floors full-fledged commercial halls without any parking facility within premises.
Worthwhile to mention here that the owner knows how can be residential house converted into commercial one with the help of enforcement staff as owner’s brother late Sunil Sharma wife of Archana Sharma s/o late Ram Rattan falling under same Khasra No. Channi Himmat in Sector-3 has already converted his residential house on ground floor to run showroom under name and style Monte Carlo measuring nearly 1600 Sqft double story using internal stairs which became operational in 2nd week of July 2024 without any parking facility and also later also raised commercial structure on first floor with the help of enforcement staff but without prior permission of JMC after the same was sold out to new owner whose construction work continued for six months but JMC didn’t take any action as on date as concerned Enforcement staff didn’t oblige several complaints of locals regarding land use change.
It deserves mentioning here that in the same RTI application filed dated 24-7-2024 along with pictures indicating open conversion of residential house on ground and first floors into full-fledged commercial, the Senior Town Planner vide covering letter No. JMC/BS/RTI/188-90 dated 22-8-2024 replied that no permission has been granted to owner for conversion of residential house into commercial and with regarding to violations of land use change asked information pertains to Enforcement section which as on date hasn’t provided any information. Here also commercial activity going on under name and style under name and style Monte Carlo measuring nearly 1600 Sqft which became operational in 2nd week of July 2024 without any parking facility and also later also raised commercial structure on first floor with the help of enforcement staff after the same was sold out to new owner whose construction work continued for six months but JMC didn’t take any action.
Similarly in the same line on walking distance in Sector-3, Ward-51, one Kala Mahajan r/o Mohinder Nagar proprietor, “Mahajan Traders” already constructed shop measuring 500 Sqft having two shutters towards front side and having residential accommodation measuring 1000 Sqft towards backside of shops. The plot being a corner plot was having approach road of main road of Channi Himmat colony and also a internal road where there was entry gate of owner to enter residential accommodation with well placed windows and ventilators and separate power connection also besides separate plates of GI Tag one for residential and another one for commercial. Now the owner from Oct 1st 2024 undergoing complete conversion of ground floor residential portion into full-fledged commercial one after removing residential partitions of walls and putting up big size RCC Pillars by removing windows and doors of residential portion. It deserves mentioning here that when locals strongly resented conversion of residential portion into commercial one, Enforcement Inspector Rattan Lal performing addition duty after suspension of Enforcement Inspector Gagan Kumar deputed in Channi Himmat area along with Enforcement Officer Anil Kashyap visited the site dated 3-10-2024 as per locals and asked owner to stop construction work which remained stopped for a day only but the owner again started construction work from the next day and at present renovation and finishing works going on simultaneously. But JMC as on date has not taken action against owners under JMC Act 2000
Worthwhile to mention here that though there are both national and international brands making their presence felt in Sector-3, Ward-51 like Kalyan Jewellers, Monte Carlo, Bikano ,Yougal Sons and many more but none of them having any parking facilities and the customers who visited these enterprises park their vehicles on main road side thus causing serious nature traffic congestion and jams causing locals delay of hours to reach their destination but the conversion of residential houses into commercial ones going on unabated without requisite parking facilities but JMC hasn’t taken any action nor showing any intend to stop land use change from residential to commercial in lieu of illegal gratification at the cost of JMP-2032 and Unified Building Bye-laws 2021 and last but not the least making open mockery of JMC Act 2000.
Worthwhile to mention here that JMC was duty bound under Building Regulations section 242 of 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 Section 244 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. Those sitting at helm of affairs in JMC have a moral and solemn duty to ensure every construction in Channi Himmat Zonal Planned Colony strictly as per approved site plan but sadly in most of the case constructions are not being raised as per approved site plans but as per sweet will of owners with the help of enforcement staff deputed in wards. Particularly Commissioner JMC should immediately swing into action to stop open violation of land use change from residential to commercial in the area and whosoever supporting such constructions should be booked under relevant section to ensure proper implementation of JMP-2032.
