When RTI filed dated 4-7-2024, the construction of 4th floor was going on but JMC didn’t take any action as concerned Enforcement Inspector Gagan Kumar didn’t submit violation report despite highlighting same in print media and as a result of which at present as on date the 4th floor is fully functional and coaching classes are being run from 4th floor from residential house 600/3
GY CORRESPONDENT
jammu, sep 16
One Amit Sharma purchased a residential plot 600/3 measuring 30×55 sqft Channi Himmat Housing Board Colony from original alotee Vinod Kumar s/o Chaman Lal r/o 139 opposite Dak Banglow Jammu. The owner then raised violated structure and constructed three floors when he was allowed only two floors as per then Jammu Master Plan 2011 that too covering hundred percent plot area without maintaining setbacks. The owner then started running coaching centre under name and style Credible Institute of Learning, foundation NEET, JE 9th class to 12th class on three floors without any parking facility and covering narrow internal road causing serious nature traffic nuisance. Fully patronized by enforcement staff, the owner in the month of May-June 2024 constructed 4th floor commercial hall measuring nearly 1300 Sqft at par with existing three floors size with brick walls but for the time being put tin shed with windows and ventilators towards front and backside without JMC permission which is not at all permitted as per JMP-2032 and Unified Building Bye-laws 2021. The owner has already put another sign Board which reads Root Tuition Centre for strong foundation for classes 10th to 12th on 4th floor. But JMC didn’t take any action particularly enforcement Inspector Gagan Kumar who didn’t report violations against owner despite print media published a detailed story highlighting violations and pictures indicating construction of 4th floor dated 29-6-2024.
When JMC didn’t take any action against JMC, An RTI was filed dated 4-7-2024 seeking photocopy information whether any BOCA notices under JMC Act 2000 has been served to Amit Kumar owner of residential plot 600/3 Channi Himmat Jammu for raising prohibited 4th floor on existing three floors already running Credible Tuition classes with sign Board of Root franchise on 4th floor, whether JMC has permitted owner to run credible classes from his residential house. The concerned Enforcement Officer Anil Kashyap replied vide letter No. JMC/Enf/172-74 dated 24-7-2024 that no BOCA notice served to owner as concerned Enforcement Inspector Gagan Kumar deputed in Ward-50 didn’t submit any violation report resulting in construction and completion of of 4th floor and Building Officer replied that no 4th floor construction has been granted by Building section.
Then the question arises if there is no permission for 4th floor construction then with whose permission the construction of prohibited 4th floor as per JMP-2032 and Unified Building Bye-laws 2021 was allowed to owner which only proves that the concerned enforcement staff deputed in Channi Himmat area on their own allowed construction of 4th floor without JMC permission and surprisingly the CPIO ( Enforcement Officer and incharge enforcement section Channi Himmat area Anil Kashyap ) who replied that no BOCA notice served to owner had also the responsibility and solemn duty to stop construction of 4th floor but did nothing and joined hands with owner at the cost of JMP-2032 and Unified Building Bye-laws 2021. Moreover the owner has also placed credible classes Board in the main wall of residential house 575-B which swas completely ignored by enforcement staff.This nexus is going on in most cases of violative construction where enforcement staff takes action on pick and choose basis and where their hands are greased they completely forgot about their duty for which tax payers pay worth lacs which ultimately gets credited in the personal account monthly.
Surprisingly the owner of 600/3 while replying to this notice by Housing Board over sheer breach of agreement lease deed made a bizarre claim that he and his wife run Cafereria at Bahu Plaza for the sake of their livelihood and in the evening he and his wife offer tuition to unprivileged students and don’t charge them and that he is not running any coaching centre and so is not running any commercial activity from his residential house. As per the reliable sources, the owner being a Chemistry teacher running full-fledged institute under name and style Credible Institute of Learning, foundation NEET, JE 9th class to 12th in Channi Himmat area.
The owner lied and somehow managed to continue running tuition centre which is still continuing from his residential house . Now full-fledged 4th floor is fully functional where coaching classes are being run which is unauthorized and deserves to be demolished as 4th floor under no rule in book can be compounded. Worthwhile to mention here that there is not even a single Institution which offers free coaching for NEET and JE Mains including institution in question. Now with construction of 4th floor without JMC permission, the owner has crossed limit of violation as such a violation is strictly prohibited as per JMP-2032 and Unified Building Bye-laws 2021 but sadly Dy Commissioner South didn’t cross-check the claims of newspaper highlighting violations as mentioned above which speaks volume of functioning of JMC which has been given responsibility to safeguard guidelines of JMP-2032 and Unified Building Bye-laws 2021.
Trending
- Despite Tribunal decision that Status Quo granted by Tribunal dated 15-9-2021 at residential site 9/6 Channi Himmat Ward-50 will remain in operation with liberty granted to JMC `Commissioner to exercise power vested in him to require alteration of work in order to bring the structure in conformity with building permission under section 256 of JMC Act 2000 afresh didn’t initiate any fresh proceedings even after three months of decision as a result of which violations of 2273 sqft remained intact and owner started residing in premises when status Quo order is still in operation
- JMC Enforcement staff fails to stop open and brazen conversion of ground floor residential into full-fledged commercial Hall at corner residential plot 274/3 Channi Himmat Housing Board colony in Ward 50 on main road side of Colony already running unauthorized commercial shop and running Atulya Laboratory and Lovely Medicos and Lab on ground floor of his residential house
- JKRERA, JMC failed to take cognizance of ongoing construction of commercial flats after clubbing four differently approved residential site plans on private land falling under Khasra No. 346 and 347 Min, Sector-2, Ward-51 Channi Himmat in residential area without maintaining setbacks and against JMP-2032 and Unified Building Bye-laws 2021
- JMC’s weak defence before Chairperson J&K Special Tribunal helps owners of residential plot 71/5 Channi Himmat Ward-50 to manage 10 days conditional de-sealing order to organize religious function which wasn’t organized and meanwhile pending finishing work completed despite status Quo order still enforced besides helping owners to manage further extension of de-sealing order by ten more days when owners constructed three commercial halls and also 4th floor absolutely contrary to residential approved site plan
- JMC enforcement staff fails to stop unauthorized construction of first and 2nd floor at par with existing shop on ground floor measuring 500 Sqft on National Highway road of Sainik Colony in Ward-55 without permission of JMC against JMP-2032 and Unified Building Bye-laws 2021
- Owner of residential plot 66/5 Channi Himmat Ward-50 reaches shuttering level work of first floor at par with existing violated ground floor 2500 Sqft against entitled 1757 Sqft with two shops backside without getting site plan approved from JMC due to non-reporting of violations by concerned Enforcement staff deputed in area
- JMC now allows extra 4th floor against JMP-2032 and Unified Building Bye-laws 2021 at residential house 600/3, Channi Himmat, Ward-50 already having extra violated third floor and allowing owner to run coaching classes under Credible Classes, foundation NEET, JE 9th class to 12th without any parking facilities within premises
- JMC Building Officer/Surveyor ignores serious violations on exiting floor and recommends further construction of two floors measuring 2200 Sqft each against permitted 1402 Sqft each with a condition to remove existing violations from backside but enforcement staff allows equally violated first floor to owner without dismantling existing violation on existing ground floor from backside where at present simultaneously white washing and steel structure from backside construction going on