JMC allowed two different commercial structures on a single residential approved site plan at 29-A Extension Gandhi Nagar Jammu in Ward-20 without maintaining setbacks

Building Section of JMC during verification of building permission on direction of High Court reported that no building permission was granted in favour of owner at 29-A Extension Gandhi Nagar Jammu in Ward-20 which raises question mark as with whose permission this violated structure reached 2nd floor without JMC permission
Owner without JMC permission bifurcated residential plot into two parts and constructed ground and first floor by covering left side measuring nearly 12 ft measuring 12×50 Sqft by fixing the glass in front side and also fixed racks on the walls on ground floor and first floor and also raising RCC Pillars on 2nd floor giving commercial look to complex and started running bootcut by Delco Shoes and also ground and first floors on violated structure measuring 33×55 Sqft constructing ground floor , first floor and raised pillars on 2nd floor
In all BOCA notices served to owner, the violations mentioned was just a small portion measuring 12×50 Sqft but there was no mention of violated structure measuring 33×55 Sqft constructing ground floor , first floor and raised pillars on 2nd floor parts of main plot which were bifurcated by owners on their own without JMC permission
GY CORRESPONDENT
jammu, jul 03
One residential plot No. 29-A Extension Gandhi Nagar Jammu in Ward-20 on the main road side measuring 45×65 (2925) Sqft owned by one Mela Ram s/o Gouri Shanker allotted by J&K Housing Department on 21-4-1964. The owner constructed a house measuring 1831 Sqft ground floor only with open area 1094 Sqft . However later this residential house was purchased by another person Rajiv Gupta s/o Chajju Ram, Ankush Gupta s/o Dev Raj and Deepak Gupta s/o Late Sita Ram Gupta who again got approved site plan from JMC vide No. 1387/BS/2010 dated 2-2-2011 for further construction of first and 2nd floor measuring 1396 Sqft each on existing ground floor measuring 1831 Sqft with height of building was fixed 39 ft 6 inch from front road level. According to approved site plan, the owners were mandatory to observe setbacks including front -15 ft , Side-1, 10 ft, rear 10 ft and accordingly the owners paid building fee as residential Rs 27248 for permitted area of construction with malwa security Rs 3000. However the owners contrary to approved site plan raised violated construction by not observing mandatory setbacks except front and bifurcated construction area into two parts one measuring 10×50 Sqft covering left side as setback to be left opened and another 33×55 Sqft constructing ground floor , first floor and raised pillars on 2nd floor and thus raising two different structures with main wall separated. It deserves mentioning here that the owners cleverly without JMC permission first constructed ground and first floor by covering left side measuring nearly 12 ft measuring 12×50 Sqft by fixing the glass in front side and also fixed racks on the walls on ground floor and first floor and also raising RCC Pillars on 2nd floor giving commercial look to complex and started running bootcut by Delco Shoes. When locals protested against this violated construction, JMC under pressure served BOCA notice under Section 7(3) dated 20-4-2023 to one Ram Gopal Sharma s/o Bal Krishan Sharma r/o 26-A, Gandhi Nagar Jammu vide No. JMC/CEO/80/03/22 after the owner could not satisfactorily reply to earlier notice served to him under Section 7(1) vide No.JMC//CEO/80/01/22 dated 27-3-2023.
JMC in notice 7(3) claimed that the owner has raised ground and first floors and also raised the pillar work on 2nd floor without permission from JMC and that owner has made land use change from residential to commercial by fixing the glass in front side and also fixed racks on the walls on ground floor and first floor and also raising RCC Pillars on 2nd floor giving commercial look to complex but surprisingly there was no mention of actual plot 29-A Extension Gandhi Nagar Jammu where commercial construction on residential plot was going on. However the owner was given five days time to reply to this notice failing which JMC will demolished violated construction on its own at his cost and risk.It deserves mentioning here that the violations mentioned in 7(3) notice was just a small portion measuring 12×50 Sqft but there was no mention of violated structure measuring 33×55 Sqft constructing ground floor , first floor and raised pillars on 2nd floor parts of main plot which were bifurcated by owners on their own without JMC permission.
Worthwhile to mention here that the owner against BOCA notice under Section 7(3) dated 20-4-2023 approached J&K Special Tribunal and got status Quo vide No.STJ/III/74/F/2023 dated 25-4-2023 with the condition that if the owner made any violation during stay period, JMC shall at liberty to proceed ahead as per law and the trial of case still continuing. However it is pertinent to mention here that at the advance stage of construction, JMC sealed the building under Section 8(1) vide No. JMC/CEO/67-71 dated 13-4-2023. The owner against sealing order approached High Court where owner Counsel replied that owner has permission of ground and first floor and the sealing should only be in respect of second floors onwards vide case WP© No.952/2023 dated 17-4-2023. The owner however earlier also had approached High Court vide WP © No.775/2023 CM No.1883/2023 dated 31-3-2023 wherein Court directed JMC to look into various representations submitted by owner from 19-2-2022 to 4-2-2023.
Meanwhile JMC served temporary de-sealing order vide No. JMC/CEO/188-92 dated 16-5-2023 in favour of owner in compliance of High Court direction dated 31-3-2023 and also directed field staff to temporally de-seal building for one day to check whether the permission submitted by owner and the building constructed at the site is same or not, in case there is any violation of building permission or land use same shall be sealed immediately thereafter.
It deserves mentioning here that, JMC vide No.JMC/CEO/434-39 dated 22-6-2023 as per High Court order which reads,” In the meanwhile it is provided that subject to the production of permission for the construction of ground floor and first floors by by the petitioners, the sealing shall only be in respect of second floor onwards. However JMC sent the permission file to Building Section for verification of building permission and as per report of building section no building permission was granted for subject structure. As a result of which, JMC directed to owner Ram Gopal Sharma s/o Bal Krishan Sharma r/o 26-A, Gandhi Nagar Jammu to submit building permission if any within 15 days failing which action under rules shall be initiated against him. Sources have disclosed that in the fresh presentation, the owner has submitted an old site plan sanctioned in favour of Rajiv Gupta s/o Chajju Ram, Ankush Gupta s/o Dev Raj and Deepak Gupta s/o Late Sita Ram Gupta who again got approved site plan from JMC vide No. 1387/BS/2010 dated 2-2-2011 as mentioned above and JMC is in strong mood to de-seal the premises.