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.
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