JMC’s unfair functioning makes written undertaking by owner pledging to demolish violations more powerful than BOCA demolition notice under Section 7(3) as witnessed in case of residential house 203/2 on main road side Channi Himmat Ward-50 stopping proceedings under demolition notice when owner didn’t remove violations of converting residential porch into commercial shop which results in restart of whole of residential ground floor as commercial just before Diwali 2024 running garments business under name & Style, “RK Fabrics”

The owner just before Diwali 2024 once again started commercial activity using residential porch and also main gate as shutter to run garments business both men and women under name and style RK Fabrics from whole of residential ground floor but sadly JMC is as on date is reluctant to take action against owner which proves that owner is enjoying full patronage of JMC enforcement staff to run RK Fabrics from whole of residential ground floor measuring 1000 Sqft.
GY CORRESPONDENT
jammu, nov 8
“When the cat is away, the mice must play” and “Run with the hare and hunt with the hounds” these two idioms clearly defines functioning of JMC. This means that under public pressure , JMC takes eyewash action to hoodwink general public and also to keep office record straight but with passage of time irrespective notices served under BOCA Act 1988 or JMC Act 2000, most of the violators retains their violated constructions against JMP-2032 and Unified Building Bye-laws 2021.
To put the things in right perspective, one Raj Kumar Gupta son of Kasturi Lal Gupta owner of residential plot 203/2 measuring 25×40 Sqft on main road side Channi Himmat Ward-50 who was already running commercial shop under name and style RK Fabrics on ground floor removed iron gate to pave way for another commercial shop more of a showroom in addition to already existing shop under name and style RK Fabrics since 2005 and another on 1-11-2022 how owner converted residential portion where he was residing into another shop by removing iron gate and putting big glasses to give it shape of showroom and also as glass shutter which was earlier used as entry gate and stairs to reach first floor on the left side by putting a banner of sale before formally converting into Kauvery Gifts, flowers and party decorations thus converting whole of ground floor into full-fledged commercial hall. When all this was going on as mentioned above, JMC didn’t take any action against owner who in turn started full fledged commercial activity from whole of residential floor.
However when aggrieved locals raised hue and cry besides registered complaints before higher-ups of JMC including enforcement staff , JMC served owner BOCA notice under provision of section 7(1) vide No. JMC/CEO/51/01/22 dated 23-11-2022 claiming that the owner has converted the porch area or residential house at ground floor into commercial hall for running commercial activity without permission of JMC and that owner made land use change from residential to commercial without JMC permission. The notice further claimed that this violated commercial activity from residential house serious affects the planned development of Jammu city and seriously contravenes the zoning regulation.. The owner was served 48 hours ultimatum to reply to this notice as to why Khilfwarzi should not be sealed/demolished.
The reply to this notice as per JMC was not satisfactory and hence JMC served owner BOCA demolition notice under provision of Section 7(3) under BOCA Act 1988 vide No. JMC/CEO/51/03/22 dated 20-12-2022 and kept the violations altogether same as were projected in 7(1) notice. However owner this time served owner five days ultimatum to demolish violations as mentioned in notice failing which the same will be done by JMC at his risk and cost.
But the owner duly guided by enforcement staff deputed in area without demolishing violations infact come out with written undertaking vide No. IN-JK00648371470641U dated 23-12-2023 that Kauvery Gifts, flowers and party decorations opened to settle his son has been closed and that his son has by now moved to Canada and there is no one to run this shop and wrongly claiming that violations were removed by him and that porch which was earlier used as residential has once again being used as residential and requested that the proceedings against him under Section 7(3) be stopped.
The owner to hoodwink general public removed glass shutter to run Kauvery Gifts and Decoration items but infact installed big iron shutter enhancing both length and height up to roof level. Sadly JMC didn’t take any follow –up action after owner submitted undertaking as mentioned above despite the fact that owner didn’t demolish violations other than removing glass shutter but full-fledged commercial hall on residential ground floor remained intact which is intact as on date also. But JMC stop proceedings against owner under 7(3) BOCA demolition notice.
It deserves mentioning here that the owner just before Diwali 2024 once again started commercial activity using residential porch and also main gate as shutter to run garments business both men and women under name and style RK Fabrics from whole of residential ground floor but sadly JMC is as on date is reluctant to take action against owner which proves that owner is enjoying full patronage of JMC enforcement staff to run RK Fabrics from whole of residential ground floor measuring 1000 Sqft.
The callousness on part of JMC is also evident from the fact that, JMC didn’t take deserving action despite the fact that a detailed complaint by immediate aggrieved locals having 17 enclosures was addressed to concerned higher authorities including Commissioner JMC dated 26-11-22. This in turn allowed owner to run garments business from whole of residential ground floor measuring 1000 sqft which raises serious question mark on credibility of BOCA notices as has been witnessed in present case as despite demolition notice served to owner, no follow-up action taken against owner in the name of simple undertaking by owner and stopped further proceedings.
Such an attitude on part of JMC enforcement staff will only encourage others to raise commercial constructions on residential plot at the cost of JMP-2032 and Unified Building By-laws 2021. JMC Commissioner must intervene in this case as the owner has made mockery of BOCA Authority by openly and brazenly running commercial activity on residential house ground floor without JMC permission. The lack of transparency and accountability in the functioning of Jammu Municipal Corporation in Channi Himmat J&K Housing Board Zonal Planned Colony is making the life of citizens “sheer hell”, despite LG Administration huge focus on e-governance but JMC so far failed to take timely and effective decision on illegal constructions in Channi Himmat area. Unauthorized buildings were being built and businesses were being illegally run from residential areas with “active connivance” of Corporation officials.