India

JMC orders enquiry into approving Site plan on State land without Khasra number

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[ May 22, 2017 ] Taking cognizance of construction of commercial complex having four shops on the land of Rani Sahiba Bloria temple against the city master plan and also against the sentiments of people of area, then Municipal Commissioner finally ordered to conduct an enquiry. As per the enquiry, records pertaining to granting of permission for construction of commercial complex at below Gummat adjoining Vardhan Hotel Jammu with the vacant land total area measuring 2635 Sqft alongwith ownership documents, enquiry ordered to ascertain the facts. Accordingly Smt Veenakshi Koul Asst Commissioner Revenue, JMC is appointed as enquiry officer who shall conduct detailed enquiry about the measurement of land. There would have been no need for enquiry had the then Municipal Commissioner Kiran Wattal not approved the site plan vide No.915 /BS/2014 Dated 23-03-2015 having serious violations and were raised by another concerned authorities by not issuing the requisite NOC as the site plan approved by him was against the Jammu city master plan and also the proposed construction was being carried out on temple land. Not only this the site plan approved by Wattal was shown as one when there were two pieces of land which were combined by the violator with the support of Wattal who ensured full support of JMC to violator in lieu of huge kickbacks.It deserves mentioning here that Pardeep Kumar and Kuldeep Kumar Baru sons of Late Shanti Parkash Baru resident of Ustaad Mohalla, Jammu on 18-03-2014 applied for granting permission to construct commercial complex at below Gummat adjoining with Vardhan Hotel and North Side RK Jain Steel Furniture House showing the measurement of land for construction in their site plan as 2635 Sqft one piece vacant land. While seeking permission, they submitted lease deal in their possession for two different pieces of land which was actually state land one was registered in court of law on 26-09-1986 between Vijay Kumar son of Mukand Lal, Shiv Charan Dass son of Pt. Vas Dev, Ashwani Kumar son of Mohan Lal, Satpal son of Raghunath Dass R/o Mandir Rani Sahiba Blori, Jammu below Gummat having management of Mandir measuring 643 sqft and Kuldeep Kumar and Hardeep Kumar sons of Shanti Parkash at Gummat at the rent of Rs 240 per year increasing rent 10% after every ten years with site plan prepared by architect VK Gupta. 2nd document produced claimed deed which was registered in court of law on 26-09-1986 leased land by Vijay Kumar son of Mukand Lal, Shiv Charan Dass son of Pt. Vas Dev, Ashwani Kumar son of Mohan Lal, Satpal son of Raghunath Dass R/o Mandir Rani Sahiba Blori, Jammu below Gummat having management of Mandir in favour of Shanti Parkash Baroo measuring land 1938 sqft vacant land with site plan prepared byy Architect VK Gupta. After the expiry of Shanti Parkash on 24-09-2009 the lease deed was granted in favor of sons. When the inspecting officer visited the spot before approval of the site plan found that there was already existing GI Shed measuring 16-6’’x35’’ and that is used for making Pawas (Wodden pillar) proposed construction yet to be raised and mentioned in his report the existing area on the site as 2635 sqft and lower ground floor and upper ground floor 999 sqft, first floor commercial 999 2ndresidential floor 999sqft as per the revised design. However inspecting officer did not mention in his report that there are two different pieces of lands on the site where the occupant of land have claimed to seek permission for construction. Moreover the site plan has no Khasra number but even then passing site plan without its mention is out of law. While seeking NOC from Assistant Commissioner Nazool remarked that land as reported before him is sarkar (State land) in ownership column and in possession column and as such the land which belongs to temple, these lands are not subject to sale/lease etc as per action No 35, Therefore it Constrained to issue NOC. Likewise Town Planning Organization while responding to NOC remarked that the existing structure should be dismantled before the construction takes place at per the site plan on 18-03-2014. Despite all this the site plan was approved without the mention of Khasra number and also when there was no provision for parking for public in the site plan as by going through the piece of land there was no space left anywhere for parking even then site plan was approved. Town planner reaction was also ignored who had recommended for mixed use as per para 1-14 and NOC on the hard file and online subjected dismantling existing construction/shed on site, recommended formal approval and JMC Commissioner remark was agreed if permissible under rules. Despite all this JMC granted permission vide No BS/915 of 2015 Dated 23-03-2015 despite being temple land and no mention of khasra number. There was two pieces of lands on the spot but the site plan was approved ignoring the practical observations on the spot and ignoring all the norms and rules in the book. This was done to use vacant land properly with the help of JMC officials as the other piece of land is occupied and right now a wooden pillar are being prepared and there is almost gap of 500 meters between two pieces of land. In the interest of general public, an enquiry should be done to ascertain the facts so that no one can get undue benefits against norms from anyone as rules are rules be it influential; person or layman on the ground. It will be interesting to see whether the enquiry becomes another eyewash as the enquiry has been ordered by head of an organization who most of the times remain under scanner as for the approval of all the site plans which were not in accordance with set norms he is fully responsible as the same is final authority to provide final permission.