No action by J&K Housing Board for sheer breach of lease deeds and JMC for running Atulya Laboratory and Lovely Medicos and Lab from ground floor of residential house 274/3 Channi Himmat Housing Board Colony in Ward 50 now results in start of complete conversion of residential ground floor into commercial from 15 Aug 2024 against JMP-2032 and Unified Building Bye-laws 2021

Owner Ashok Gupta already facing notice from J&K Housing Board for running Atulya Laboratory and Lovely Medicos from ground floor of his residential house in sheer breach of lease deeds at serial No.84 of violators list didn’t abide by warning by Housing Board and now without JMC permission undergoing complete conversion of residential ground floor into commercial one with help of enforcement staff deputed in area.
JMC must remember that running a commercial entity in a residential area does cause nuisance, environmental pollution due to ingress and egress of customers vehicles and disturbs the peace of the residents of the neighborhood thus affecting the quality of air, causes noise pollution and thus affects the right to life of the residents in the area as guaranteed by Article 21 of Indian Constitution
Conversion of residential house into commercial one is new trend prevailing in Channi Himmat Housing Board Zonal planned colony as the rate of commercial properties is touching sky in recent times and every influential owner of residential house taking into confidence concerned enforcement staff resorting to conversion of residential house into commercial one in sheer breach of lease deeds of Housing Board and also against JMP-2032 and Unified Building Bye laws 2021.
GY CORRESPONDENT
jammu, aug 20
One Ashok Gupta s/o Rattan Chand Gupta owner of corner residential plot 274/3 measuring 35+42/2×55 (2117 Sqft) Channi Himmat Housing Board colony in Ward 50 on main road side of Colony in front of Luthra Academy having front road side measuring 20 ft and main road of colony nearly 60 ft towards other side of residential house purchased in the year 1987 and constructed a residential house in the year 1994 . But later constructed commercial shop and start running Atulya Laboratory and Lovely Medicos and Lab measuring 20×12 sqft with two shutters towards main road side of colony besides kept small entry gate from main road side also and also constructed residential ground floor having drawing room lobby, bedroom and porch and first floor and also changing dimensions towards front side by not installing gate as per approved site plan and seriously violated lease deeds by starting commercial activity from residential house covering nearly 100% plot area (2000 Sqft) on ground floor and nearly 1600 Sqft on first floor. Despite all this , the owner also managed to get free hold rights from Housing Board which is highly questionable.
This residential house has the privilege of front road side 20 ft and front towards main road side of colony 60 ft but the owner cleverly turned front of his residential house towards 55 ft road side whereas front side should have been facing 20 ft road towards public road where he is running commercial shop without any parking facility in residential area thus using main road side for his business point of view which was strictly prohibited under then JMP-2021. But sadly JMC didn’t take any action against owner despite whosoever visits shop parks their vehicle on road side and causing serious traffic nuisance as there is no provision for parking at the site from owner side. The owner didn’t seek prior permission of JMC neither for running existing shop and also nor when at present he is undergoing complete conversion of residential ground floor in to full-fledged commercial one when as per Unified Building Bye-laws 2021 , it is mandatory for each
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and everyone to seek prior permission of JMC for any altercation, modification, changing dimension of existing structure which was not done in the present case.
It deserves mentioning here that after receiving hundreds of complaints of sheer breach of lease deed, J&K Housing Board served notice to nearly 200 alottees in Channi Himmat Housing Board colony spread over Sector-1 to Sector-7 for making land use change and running commercial activities from residential houses. In this regard owner Ashok Gupta was also served notice for running commercial shop under name and style, Atulya Laboratory and Lovely Medicos from ground floor of his residential house in sheer breach of lease deeds at serial No.84 of list by Housing Board notice to violators dated 4-1-2020.
Now owner couple of days back from 15 August 2024 getting patronage from JMC enforcement staff deputed in Ward-50 has converted whole of residential ground floor measuring nearly 2000 sqft into full-fledged commercial one by making land use change from residential to commercial without prior permission of JMC completely demolishing internal dimensions of ground floor residential by removing walls of lobby, drawing room and kitchen to construct full-fledged commercial hall whose construction at present is going on with help of enforcement staff. Moreover in place of small entry gate towards main road of colony , the owner has fitted glass shutter by removing gate and infact completely changing ground floor residential into commercial one.The owner very cleverly hiding construction of shop under opaque sheet has already put a sign Board that shop is shifted towards right side besides putting big glass door in the garb of shop and infact converting whole of ground floor residential into commercial.
It deserves mentioning here that the owner has also raised violated residential construction by not observing mandatory setbacks and now completely converting residential ground floor into commercial will create more traffic nuisance for residents in the area as there is absolutely no parking facility at all. Conversion of residential house into commercial one is new trend prevailing in Channi Himmat Housing Board Zonal planned colony as the rate of commercial properties is touching sky in recent times and every influential owner of residential house taking into confidence concerned enforcement staff resorting to conversion of residential house into commercial one in sheer breach of lease deeds of Housing Board and also against JMP-2032 and Unified Building Bye laws 2021.
Worthwhile to mention here that running a commercial entity in a residential area does cause nuisance, environmental pollution due to ingress and egress of customers vehicles and disturbs the peace of the residents of the neighborhood thus affecting the quality of air, causes noise pollution and thus affects the right to life of the residents in the area as guaranteed by Article 21 of Indian Constitution. It also interferes with the planned development of the city, thereby jeopardizing the quality of life of the coming generations also. JMC must seriously introspect and work on loop holes in the system so that these serious nature violations can be curved and so that every construction whether residential or commercial constructions are undertaken strictly as per approved site plan and also so that no one can dare to raise any nature construction without approval of site plans from JMC. Otherwise no relaxation will be enough to implement JMP-2032 and Unified Building Bye-laws 2021.