Owner started construction in 2009-2010 and constructed ground floor only covering 1334 Sqft making violation of 787 Sqft and started commercial activity under name and style World Wide Enterprises dealing with tiles and sanitary-wares with help of then enforcement staff in the year 2011
Owner to hoodwink general public and JMC installed three windows with one big steel door along with small bathroom but actually carried out business of tiles and sanitary-wares as it was not residential ground floor but commercial hall
JMC under public pressure served owner BOCA notice under Section 7(1) vide No. JMC/CEO/121/1/2016 dated 17-11-2016 claiming that the owner has started unauthorized construction at plot No. 170/2 Channi Himmat Jammu and this illegal construction seriously affects the planned development of Jammu city and contravenes the zoning regulation but didn’t take follow-up action
Owner was served BOCA demolition notice under 7 (3) vide No.JMC/CEO/121/3/2016 dated 28-11-2016 directing owner to demolish violated construction within five days from the date of service of this notice failing which the same will be demolished at his risk and cost by JMC. The owner against demolition notice approached J&K Special Tribunal and got status Quo
Tribunal compounded violations of 2413 Sqft @ Rs 50 Sqft as residential and owner paid Rs 126000 and Rs 10000 also for deviating from construction according to approved site plan. However JMC didn’t entertain compounding fee and instead approach Hon’ble High Court Jammu vide No. OWP 696/2017 & MP No. 01/2017 dated 11-5-2017 against Tribunal compounding order dated 20-3-2017 claiming that owner has made land use change from residential to commercial and also encroached govt land without paying for it and also that the owner has not maintained mandatory setbacks and also enhanced the area of plot from 1402 to 1714 Sqft and also violations of setbacks can’t be compounded
Owner enhanced the area of plot from 1402 to 1714 Sqft by encroaching road and Nallah area without paying anything for it and most importantly started running tiles work on residential plot without any parking facility against JMP-2032 and also against approved residential site plan
GY CORRESPONDENT
jammu, aug 25
One of Yogeshwar Sharma s/o Thakur Dass through attorney holder Urmila Sharma owner of residential plot 170/2 Channi Himmat Housing Board colony main road measuring 1402 Sqft and encroached nearly 312 Sqft towards backside where there is Nallah flowing making total plot area 1714 Sqft and got approved residential site plan vide No. 2163/BS/09 dated 24-12-2009 with development charges paid Rs 2649 with Rs 2000 security and septic tank soakage allowing owner to construct ground floor 547 Sqft and first floor 504 Sqft. The setbacks to be observed by owner include Front-12 ft, Side-1, 5 ft and rear side 5 ft. The height of building was fixed as 31 ft 6 inch which was valid for three years from the date of approving the site plan. However owner started construction of commercial hall in 2009-2010 and constructed ground floor covering 1714 Sqft and making violation of 1167 Sqft and started commercial activity under name and style World Wide Enterprises dealing with tiles and sanitary-wares with help of then enforcement staff in the year 2011 . The owner to hoodwink general public and JMC installed three windows with two big steel doors along with small bathroom towards front side of main road and also extending galleries from front and backside but actually carried out business of tiles and sanitary-wares as it was not residential ground floor but commercial hall. When all this was going on , JMC enforcement staff didn’t serve any BOCA notices in a way confirming their support to owner. Meanwhile the owner in the month of Oct 2016 started construction of commercial hall on ground floor without seeking permission from JMC as when the owner constructed first floor the approved site plan had by then lapsed.Meanwhile JMC under public pressure served owner BOCA notice under Section 7(1) vide No. JMC/CEO/121/1/2016 dated 17-11-2016 claiming that the owner has started unauthorized construction at plot No. 170/2 Channi Himmat Jammu and this illegal construction seriously affects the planned development of Jammu city and contravenes the zoning regulation. When owner failed to reply satisfactorily to 7(1) notice, the owner was served BOCA demolition notice under 7 (3) vide No.JMC/CEO/121/3/2016 dated 28-11-2016 directing owner to demolish violated construction within five days from the date of service of this notice failing which the same will be demolished at his risk and cost by JMC. The owner against demolition notice approached J&K Special Tribunal and got status Quo and later on Tribunal compounded violations of 2413 Sqft @ Rs 50 Sqft as residential and owner paid Rs 126000 and Rs 10000 also for deviating from construction according to approved site plan. However JMC didn’t entertain compounding fee and instead approach Hon’ble High Court Jammu vide No. OWP 696/2017 & MP No. 01/2017 dated 11-5-2017 against Tribunal compounding order dated 20-3-2017 claiming that owner has made land use change from residential to commercial and also encroached govt land without paying for it and also that the owner has not maintained mandatory setbacks and also enhanced the area of plot from 1402 to 1714 Sqft and also violations of setbacks can’t be compounded and the case is still under trial before High Court Jammu. But owner after getting violations compounded on residential basis with the help of JMC removed three windows and install three big iron shutters thus declaring his construction completely commercial one on ground floor. JMC itself proving action against owner mere eyewash didn’t file contempt appeal before High Court Jammu that when the case is still under trial before High Court ,the owner converted ground floor completely as commercial thus proving their close proximity with owner and the action so far taken against owner was to hoodwink general public whereas internally they were pushing owner to go-ahead with commercial use of residential construction. Now owner in the month of August 2023 has similarly closed three windows of first floor and fitted iron shutters and also completed pending works of first floor measuring 1574 Sqft which is 1074 Sqft more than the sanctioned first floor and thereby making exactly rge same floor as ground floor but JMC remained unmoved notwithstanding that case is still under trial and deliberately ignored action against owner as had they been true to their duty, the violated construction would have demolished or sealed and should have served owner relevant BOCA notices which was deliberately done. In light of above, JMC should seriously introspect whether it has been successful in curving violated construction as in most of cases the violated construction against JMP-2032 are still intact due to patronage of enforcement staff to violators. In the present case also, Secretary JMC didn’t take proper follow-up of violated construction as despite approaching High Court against Tribunal compounding order but meantime allowed owner to completely convert ground floor into full-fledged commercial and at present when trial of case is still pending, the owner is being allowed to construct first floor commercial also.
