Owner contrary to approved residential site plan raised ground floor and first floors by covering hundred percent plot area without maintaining any of setbacks neither from front side nor backside with help of enforcement staff deputed in area
As per stay order by Tribunal , JMC was quite empowered and at liberty to take action against owner in case owner raise construction further during status Quo order in place. But sadly JMC did nothing when owner raised construction of first floor during status Quo order period
Tribunal reprimanded JMC in interim order dated 7-6-2023 for its failure to ensure implementation of status Quo order which is clear cut case of failure to discharge their professional duty which results case reaching Tribunal due to dereliction of duty on part of JMC enforcement staff
GY CORRESPONDENT
jammu, jun 27
One Ashok Kumar Gupta s/o Kalu Ram r/o Shama Chak Jammu purchased a residential plot 195/7 measuring 40×80 Sqft from original alottee Mohan Lal s/o Nek Chand in Zonal planned Housing Board Colony Channi Himmat Jammu Ward No. 50 costing him worth crores in the open market in Sep, 2009. Accordingly the owner got approved residential site plan from JMC vide No. 210/JMC/BS/2022 dated 20-4-2022 wherein the owner was allowed ground floor 148.90 Sqm including porch and first floor 139.5 Sqm. The owner was mandatory to observe setbacks including front 6 mtr, rear 2.10 mtr, one side 2.50 mtr and height 7.5 mtr. But the owner contrary to approved residential site plan raised construction beyond approved site plan by covering hundred percent plot area and without observing mandatory setbacks. Furthermore the owner constructed ground floor and first floor by covering hundred percent plot area . Similarly the owner .Similarly the owner didn’t observe mandatory setbacks and covered total plot area under construction of ground and first floors. It deserves mentioning here that these violations were ably assisted by then Enforcement Inspector deputed in Ward-50 Ram Khajuria during May-June 2022. When JMC enforcement staff failed to act against owner for raising vciolative construction, the aggrieved locals finally approached JMC higher authorities which under pressure served owner BOCA notices earlier 7(1) and 7(3) BOCA demolition notice vide No. JMC/CEO/14/3/2022 dated 25-7-2022. The owner against this notice approached J&K Special Tribunal and got Status Quo order vide File No. STJ/iii/162/F/22 dated 28-7-2022 which is still under trial with a prime condition that the in no case the owner will raise any further violative construction during status Quo order period and in case if owner does so , JMC will be at liberty to take action against owner as per relevant BOCA laws. Worthwhile to mention here that after status Quo, the work remained suspended for nearly three months. But as soon as new Enforcement Inspector Jasbir Singh deputed in Ward-50 in the month of March,2023, the owner completed construction of first floor without maintaining setbacks covering hundred percent plot area on ground and first floors . Meanwhile the aggrieved locals approached Tribunal with a plea to allow as intervener to highlight actual violations that even during status Quo order in place, the owner with the help of enforcement staff managed to construct first floor. When JMC as per stay order by Tribunal was quite empowered and liberty to take action against owner in case the owner raise construction further during status Quo order in place. But sadly JMC did nothing when owner raised construction of first floor during status Quo order period. Reliable sources have disclosed that now JMC moving ahead to file contempt against owner for violating Status Quo order to shield its enforcement staff which was duty bound to ensure that owner remains restrained to take any further violated construction during status Quo order and also when Tribunal reprimanded JMC in interim order during trial of case dated 7-6-2023 for its failure to ensure implementation of status Quo order which is clear cut case of failure to discharge their professional duty. It is surprising on part of Secretary JMC that so far she hasn’t held anyone responsible from enforcement staff which first of all allowed violative construction of first floor on already violated ground floor during stay period which forced JMC to file contempt against owner. In light of above facts, one thing which emerges is that JMC enforcement staff is having full patronage of JMC higher authorities which have openly and brazenly allowed unauthorized constructions in Channi Himmat Zonal Planned Housing Colony which further wastes valuable time of Tribunal and Higher Courts just they didn’t perform their statutory duty timely and properly.
