Admitting wrongdoings, no action taken, what’s going on in JMC

golden yug
[ June 08, 2017 ] The function of law enforcing authorities now days is being done by RTI Activists who time and again with their applications have woken up the agencies of Govt from deep slumber to act against law breakers. Through various RTI queries a good amount of revenue has been generated by punishing the violators and also by acquainting govt about the functioning of various wings whether in line with law and order or against it. Golden Yug Newspaper feeling its moral responsibility to raise voice against wrongdoing in the surrounding and to ensure that innocent should not be harassed into the hands of corrupt and also no officials should use his official position unfairly, The newspaper through various RTI applications has done the job as a citizen of state by exposing corrupt officials and also forcing the authorities to take action against the wrongdoers besides generating the revenue in the treasuries of concerned department with the action against them by authorities with its timely seeking information wherever felt wrong has been done. In one such example an RTI application was filed against illegal commercial construction on main road side on residential plot 170/2 at Channi Himmat J&K Housing Colony measuring an area of 1402 Sqft when the plot was meant for residential construction but the owner raised the commercial structure ignoring all norms with the help of illegal support from the enforcement staff of JMC in return for huge kickbacks. However the information seeker was denied the requisite information in first attempt forcing him to go for first appellant authority. The owner managed to get a COBO notice of backdate by taking into confidence the concerned staff by paying them heavily vide No. MJ/CEO/121/3/2016 dated 28-11-2016 with the remarks that the illegal construction seriously affected the planned development of Jammu city and contravenes the zoning regulation. Moreover the violator started the construction work of two rooms, lobby and kitchen on 1st floor over the existing ground floor without the permission of JMC. However JMC deliberately hid the actual construction which was going on at that time as the construction was purely commercial in nature besides keeping no space for setback area. Accordingly JMC which first allowed illegal construction as an eyewash order asked the violator under provision of Section 7 (3) of J&K Control of Building Operation Act 1988 to demolish the construction/violation within five days from the date of service of this notice failing which the same will be demolished at the risk and cost of violator by JMC. All this was done after the efforts of RTI Activist whose selfless alertness saved the revenue of JMC and also ensured tht in no case Jammu City Master Plan is violated. When the information seeker raised question over the validity and approval of site plan, the information seeker was shown site plan approved way back in 24-12-2009 under No. 2163/BS/09 where as the validity of that site plan had lapsed by that time. When the matter reaches Tribunal after the violator takes the case there and accordingly Tribunal on 20-03-2017 and penalized the violator with fine of Rs 120650 and also imposes plenty of Rs 10000 for raising volatile structure. However by paying the amount after the order of Tribunal, the commercial construction was approved which was serious violation of Jammu City Master Plan and strangely the tribunal nowhere mentioned that the construction was commercial. This was done by official Vinod Koul who was already under scanner for his prejudice in the judgments and even going beyond his jurisdiction to settle the cases and consequently facing Vigilance complaints while discharging his duties on different positions during his tenure as Govt Servant. It is surprising to note while serving the COBO notice and the compounding by tribunal is contempt of court which in its landmark judgments has forbidden authorities to allow the commercial construction on residential plots. JMC which ends its duty once the violator reaches Tribunal to pay fine and restores the construction of his desire should appeal against the Tribunal so that violative structure is removed to teach a lesson to others who with the active connivance of JMC authorities go beyond their jurisdiction which they never do as they took huge kickbacks in return for allowing violator to raise a structure of his/her choice without least caring about rules and regulations.JMC has completely forgotten that the supervisory staff of the Municipal Corporation are supposed to restrict people from raising any illegal construction, such action can be taken by them at the initial stage but what has been observed in majority of the cases which come before the Tribunal that the process of issuance of notices is initiated only after the construction is completed. Why such action is not being taken when the execution of the work at initial stage, JMC must answer and must think while taking kickbacks to allow illegal construction without least caring about rules and regulations.