Interesting story of piece of private land measuring 12 Marlas falling under Khasra No. 168 Min, Channi Bija, extension Trikuta Nagar, Ward-52 full of contradictions

JMC’s GIS based map survey in June 2022 fixed unique digital door number JMC-CKB-052-212-20464 shows single vacant plot measuring 12 Marlas situated at Channi Bija, extension Trikuta Nagar, Ward-52 falling under Khasra No. 168 Min with fencing only, Draftsman map shows two bed room sets on three bifurcated plots, Registry of land/ Fards issued by Tehsildar Bahu of three bifurcated plots shows Gair Mumkin Makaan dated Dec 2023 since 2010 instead of Gair Mumkin Khad and last but not least JMC approves three commercial site plans on piece of land falling under Gair Mumkin Khad for centuries as per revenue record and enforcement staff allows joint construction of three shops with common walls and pillars
It is highly bizarre to note that owner of two portions Swarn Singh managed to get Land use change certificate from JDA under section 11 A (2) of J&K Development Act, 1970 for an area of 19 marlas and accordingly paid Rs 58916.63 and accorded permission of 0.75 (1/3rd of FAR)vide No. CLU ID No. CLUJDA/2024/504 dated 8-4-2024 when he in possession of 6 Marlas and 14 Sarsais.
Pertinent to mention here that if there were existing two bedroom sets on each of three plots why water and power connections copies were not sought as during investigation from concerned PHE and PDD departments no individual connection was issued which only proves that it was single plot since 2010 and was vacant since then and also Geo-tag photographs were not attached to know exact location of area whether having construction or vacant plots which was completely ignored by concerned during registry of land and issuing Fards.
GY CORRESPONDENT
jammu, aug 06
Though Administrative Council has approved the revised policy for delineation of lands recorded as Gair Mumkin Khads in revenue records to segregate khads from khads which do not form water course thus allowing for subsequent development of segregated lands yet when the revised policy is at budding stage ,vested interests have started taking undue advantage of revised process by undertaking unauthorized construction in Khads and Gair Mumkin Khads with help of revenue department by managing Fard of such lands and corresponding registry of land which is a matter of serious concern as if such an arrangement is allowed ,it will be difficult to implement JMP-2032 and Unified Building Bye-laws 2021 in letter and spirit.
To put the things in right perspective, one Anuradha Sharma wife of Late Parveen Kumar in village Channi Bija (Extension Trikuta Nagar) ,Ward-52 purchased on 20-5-2010 a Gir Mumkin Khad measuring nearly 12 Marlas adjoining with Railway track near Krishna Glass House from Mohan Singh share holder (old landlords of the area) falling under Khasra No. 168 Min which as per revenue record part of 36 Kanal and 11 Marlas a Gair Mumkin Khad. The owner getting possession of land fenced the area from all sides with brick walls as was done in adjoining plots wherein some plots were vacant and also residential/commercial constructions. It deserves mentioning here that JMC in order to charge property tax from eligible citizens hired M/S CE Info Systems Limited(Legal entity of MapMyIndia, New Delhi to prepare GIS based map of Jammu City falling within JMC jurisdiction and also to collect/measure all date related to all buildings/open plots and clicking /collecting photographs of each property/open plot vide authorization letter No. JMC/Estt//2036-38 dated 22-6-2022. It is pertinent to mention here that for property survey and unique digital door number generation, Bharat Electronics Limited(BEL) further assigned the task to M/S CE Info Systems Limited. Accordingly the firm completed given task within six months and fixed unique digital door number on all buildings/open plots in the areas falling under JMC jurisdiction properly mentioning each and every details of property whether having construction or vacant plots.
Coming back to story, same was also done in Ward 52 on the doors of houses, shops and on vacant plots. Similarly plot in question owned by Anuradha Sharma was fixed digital door number JMC-CKB-052-212-20464 with compound wall only and no construction falling being vacant plot and no further division into three plots from her single plot measuring 12 marlas under Khasra No. 168 Min whereas on right side of this plot was also vacant with digital No. JMC-CKB-052-212-20463 and on left side of plot in question there was residential house with digital door number fixed as JMC-CKB-052-212-20465. This also means that now JMC has full details with it about vacant plots and nature and size of construction whether residential and commercial with number of stories falling within Municipal limits after survey done and digital numbers were fixed on doors was aimed to impose property tax.
It is surprising to note that the owner later converted his 12 Marlas falling under Khasra No.168 Min into three equal plots to sell it out further in the month of Dec 2023 each measuring nearly 4 Marlas and somehow managed to produce three different maps showing construction of existing two bedroom sets having two bed rooms, kitchen plus toilet on each plot prepared by one Draftsman Vijay Bhagat approved by JMC Licence No.73 r/o Old Janipur Jammu after his inspection report on 12-1-2024. The owner also managed to have valuation report of property from Swastik Home Consultant of each bifurcated plot as Rs 2532895, 2528168,2428203 respectively including cost of construction of two bedroom sets on each bifurcated plots. Earlier three Fards were obtained from Tehsildar Bahu in the month of Dec 2023 of each bifurcated plot completely forgotten by revenue department that area basically is Gair Mumkin Khad falling under Khasra No. 168 Min and also there was wrong mention of Gair Mumkin Makan since 2010 when the plot measuring 12 marlas owned by Anuradha Sharma was single vacant plot but in the registry of land in Court of law in the office of Sub-Registrar Jammu South on 17-2-2024 under property ID 338430, there was mention of two bed room sets constructed on three bifurcated plots from single plot when as per survey and after fixing digital door number JMC-CKB-052-212-20464, it was single plot and was vacant plot.
Worthwhile to mention here that anyhow one portion measuring 3 Marlas and 7 Sarsai was purchased by one Swarn Singh s/o Amarjeet Singh and the same was registered in his name on 17-2-2024. Second s/o Sansar Chand measuring portion was purchased by Vijay Kumar 3 Marlas and 7 Sarsai and the same was registered in his name on 17-2-2024. Third portion was also purchased by Swarn Singh s/o Amarjeet Singh and the same was registered in his name on 17-2-2024.The photocopies of Fards and maps of three different bifurcated plots were also attached but surprisingly mention Gair Mumkin Makaan when the plots were vacant and even in Shajra report there was no mention of area being Gair Mumkin Khad and mention Gair Mumkin Makan but mention that area falling under Khasra No. 168 Min which is altogether Gair Mumkin Khad. It is pertinent to mention here that if there were existing two bedroom sets on each of three plots why water and power connections copies were not sought as during investigation from concerned PHE and PDD departments no individual connection was issued which only proves that it was single plot since 2010 and was vacant since then and also Geo-tag photographs were not attached to know exact location of area whether having construction or vacant plots which was completely ignored by concerned during registry of land and issuing Fards.
It is highly bizarre to note that owner of two portions Swarn Singh managed to get Land use change certificate from JDA under section 11 A (2) of J&K Development Act, 1970 for an area of 19 marlas and accordingly paid Rs 58916.63 and accorded permission of 0.75 (1/3rd of FAR)vide No. CLU ID No. CLUJDA/2024/504 dated 8-4-2024. Anyhow three different commercial site plans were approved by JMC without looking into valid details as mentioned above one in favour of Vijay Kumar stage-1st commercial falling under Khasra No. 168 Min Channi Bija vide No. 147/JMC/BS/2024-25 dated 31-5-2024 measuring 95.35 Sqm allowing owner new ground floor commercial measuring 61.53 Sqm. The owner was mandatory to observe setbacks including front -8.54 mtr. The maximum height excluding mumty/lift upto ridge level whichever is applicable fixed at3.81 mtr from the front road level and paid building fee Rs 30613 as building fee besides FAR 60.37% with open area 33.82 Sqm. Second site plan approved in favour of Swarn Singh stage-1st commercial falling under Khasra No. 168 Min Channi Bija vide No. 189/JMC/BS/2024-25 dated 10-6-2024 measuring 95.35 Sqm allowing owner new ground floor commercial measuring 61. 53 Sqm. The owner was mandatory to observe setbacks including front -8.54 mtr. The maximum height excluding mumty/lift upto ridge level whichever is applicable fixed at3.35 mtr from the front road level and paid building fee Rs 30613 as building fee besides FAR 60.3% with open area 33.82 . Third site plan approved in favour of Swarn Singh stage-1st commercial falling under Khasra No. 168 Min Channi Bija vide No. 402/JMC/BS/2024-25 dated 24-7-2024 measuring 95.35 Sqm allowing owner new ground floor commercial measuring 61. 53 Sqm. The owner was mandatory to observe setbacks including front -8.54 mtr. The maximum height excluding mumty/lift upto ridge level whichever is applicable fixed at 3.96 mtr from the front road level and paid building fee Rs 30613 as building fee besides FAR 60.37% with open area 33.82 Sqm. The ground floor coverage in three differently approved site plans was 64.53 %. However at the site the joint construction of three shops is going on with common walls ,pillars and definitely slab work will be done jointly and same day.
It deserves to be mention here that in Key plans of three different approved site plans there is no mention of any existing construction at the site and clearly mentioned the plots are vacant and there is also mention of home adjoining with these plots besides there is no mention of length and width of approach road which is required in case of approved commercial site plans. Now it is matter of serious investigation how tampering was done with records, how factitious maps prepared, Fards issued by manipulating records, how Gair mumkin Makan shown when plot was vacant and how all that done as mentioned above when the area falling under Gair Mumkin Khad.