Despite enquiry going on before Anti Corruption Bureau over construction of unauthorized shop, JMC extended all help to raise demolished shop by giving in written to Bureau that shop has been demolished
JMC deliberately avoids punishment under Section 34 of CCA Rules despite several complaints registered, several proofs provided against wrong doings of enforcement staff
JMC neither served any BOCA notice to owner for again raising demolished shop when this violation deserved to be taken seriously by sealing the premises but JMC deliberately patronizing owner for vested interests
Owner fraudulently managed water , power connection & unique identification number on demolished shop and undertaking finishing work of earlier demolished shop in broad day light with help of JMC enforcement staff to establish ownership rights on residential plot
GY CORRESPONDENT
jammu, aug 30
The then Enforcement Staff led by Prem Singh Chib (JKAS) Assistant Commissioner (Rev) Jammu Municipal Corporation under the guidance of Pankaj Magotra (JKAS) Commissioner Jammu Municipal Corporation and Ashish Kumar Gupta (KAS) Joint Commissioner (Adm), Jammu Municipal Corporation continuing the drive against the unauthorized constructions dated 15-10-2019 demolished 80% portion of shop at bifurcated residential plot 82-A Sector-3 Channi Himmat Ward-50 on main road by making land use change owned by Surinder Gupta but originally the power of attorney was given to Kusum Lata wife of Surinder Gupta by Pardeep Gupta . The same got published in print media along with picture of demolition dated 16-10-2019 after JMC released a brief press note in both print and electronic media. It deserves mentioning that it was a bifurcated plot and also this plot was bifurcated among seven persons and the original alottee Pardeep Gupta who is no more who was allotted nearly one Kanal residential plot by J&K Housing Board vide No. HB/977 dated 23-6-2000 on lease basis for 20 years at Rs 536900 with the condition that this residential plot cannot be sublet further as per rules and regulations of Housing Board staking established norms of allotting a residential plot by Housing Board by bifurcating this one Kanal plot among seven persons.
However, owner with the help of enforcement staff slowly and steadily started raising shop again which was left after demolition of portion of it and has installed Iron Gate by raising pillars and walls and also undertaking tile work on walls besides undertaking flooring work also constructed water tank as on date. The owner has meantime also managed power and water connection fraudulently when shop was already declared by JMC as unauthorized and as a result of which it was demolished shop being unauthorized and without JMC permission. It deserves mentioning here that at initial stage, the owner constructed one unauthorized shop in the year 2014-2015 without getting site plan approved by JMC having two stories and started running stationary shop despite the protest by locals for running business on residential plot but JMC did not take any action and owner openly and brazenly started running stationary shop. Getting all the help from JMC enforcement staff and even patronage of higher authorities in JMC, the owner started construction of another shop adjoining with disputed shop measuring nearly 800 Sqft in the year July 2019 adjoining with stationary shop after getting power of attorney of 4 Marlas of plot 82-A from one Pardeep Gupta original alottee having residential plot measuring one Kanal.
Taking serious cognizance of unauthorized construction on the plea of locals after thoroughly investigating claims of locals published a detailed story on 14-10-2019 that how owner earlier managed to construct two stories big shop with the help of JMC enforcement staff and now another unauthorized shop is getting near completion but JMC did not take any action against owner and infect extended all help to owner as a result of which slab work of shop completed on 15-10-2019 during noon and surprisingly yellow colour distemper was done simultaneously during construction of brick wall. When no justice was done in this regard an RTI was filed dated 19-7-2019 where by the it was replied by JMC vide No. JMC/CEO/107-110 dated 29-8-2019 lied that JMC enforcement staff had stopped work. However under pressure JMC demolished shop on 15-10-2019 mid night front side including half of walls and slab at 82-A Sector 3, Channi Himmat, Jammu raised by Surinder Gupta without the permission of Jammu Municipal Corporation. Similarly another RTI was filed in the year 2023 but even then no information was provided how owner managed to raise unauthorized shop.
When all this was going on and JMC failed to take action against owner, another story was published on 7-1-2023 with all the developments but nothing was done in this regard and meantime the owner with breaks continued construction of shop. Moreover a case against unauthorized construction stands registered in Vigilance organization now Anti Corruption Bureau and enquiry is still going on. It deserves mentioning here that JMC has maintained in Anti Corruption Bureau that the shop already constructed has already been demolished dated 15-10-2019 by JMC on 16-10-2022 while giving written reply before ACB Jammu. Despite all this, JMC again extended help to owner and he re-started construction of shop earlier demolished by JMC in Sep-Oct 2021 and this time constructed water and septic tanks and placed a iron gate in front but JMC as usual remained unmoved . When brought the same into notice of Enforcement officer deputed in the year on 13-5-2022 initially not ready to accept that any unauthorized construction but asked for pictures of construction and assuring action saying that he would send his enforcement Inspector at the site and needful will be done but till date that action is still awaited. The owner also rented shop to a hawker dealing with sale of fruits and vegetables by managing water and power connection fraudulently and today hawan work has been done to declare start of commercial activity on unauthorized shop. Now the owner on the instructions of enforcement staff has again started renovation work which is going on swiftly but JMC is unmoved and doing nothing in this regard.
Now at present dated 29-8-2023, the owner is undertaking construction of iron ramp with power and water connections at place and not only this JMC has pasted Unique Identification Number JMC-CHC-050-156-10648 on pillar of gate. Besides two other bifurcated vacant site of plot No. 82A adjoining has given identification No. JMC-CHC-050-156-10647 and no. JMC-CHC-050-156-10646. Now the question arises if the shop was unauthorized, how owner managed water and power connections and now unique identification number. Worthwhile to mention here that first of all this shop is being raised on bifurcated residential plot measuring one Kanal and when the original alottee was leased out this piece of land on a condition that this residential plot can’t be sublet as per Housing Board rules. Moreover if this shop is constructed it will have market value in crores that too without parking facility and site plan and most importantly against JMP-2032 and Unified Building Bye-laws 2021.
If this long rope to owner by JMC continues, unauthorized construction will get completed against approved site plan which will be huge injustice with those who have purchased residential plots to live their life peacefully. It is matter of serious investigation that how a shop earlier demolished by JMC can be raised again by owner which simply means that the owner is enjoying patronage of JMC to continue with its unauthorized constructions. JMC Commissioner should look into the matter and book those responsible for mess in the area so that no one can dare to even think of raising unauthorized construction in the area and why still no BOCA notices under relevant sections was not served to owner who is raising unauthorized shop which JMC demolished for being illegal and without its permission.
