In response to demolition order under section 253(1) of JMC Act 2000 dated 02.08.2024, owner wrongly submitted a reply that J&K Special Tribunal directed the owner of the building to deposit the compounding fee in JMC on 10.10.2013 of Rs. 1,27,800/- within a period of two months which was deposited by the owner with a Cheque No. 122994.Whereas, the file was sent to Account section to verify whether the owner has deposited the compounding fees or not, whereas, the Account section verified and reported that as per record no cheque/payment has been received till date.
Owner also raised the construction of 4th floor over the area of 2674 sft on which 414 sft is covered with RCC slab and 2260 sft is covered with G sheet roofing. Also, the applicant had constructed the GI sheet roof sheds at rear side and right side of building at ground floor.Basement is used as parking and storage purpose. Whereas, after that a notice under section 253 (1) of Jammu and Kashmir Municipal Corporation Act, 2000 was issued to owner vide No.: JMC/DC(S)/Enf/138-41 dated: 05.07.2024.Whereas, in response to notice vide dated 05.07.2024, the owner did not submit any reply.Whereas, a Demolition Order under section 253 (1) of Jammu and Kashmir Municipal Corporation Act, 2000 was issued to owner vide No.: JMC/DC(S) / Enf/169-72 dated: 02.08.2024.
GY CORRESPONDENT
JAMMU, DEC 31
The sealing of Varmani Shopping Mall owned by Sunita Arora wife of late RK Arora in Channi Himmat, Sector-2, Ward-50 by Commissioner JMC order No. JMC/Enf/3028-32 dated 24-12-2024 under JMC Act 2000 and J&K Building Bye-laws 2021(Section 2.11) which physically sealed on 30-12-2024 and conditionally desealed for 20 days on 31-12-2024 has become talk of town but no one is appreciating JMC for it rather everyone is surprised how all of sudden this shopping mall sealed on 30-12-2024 and de-sealed on 31-12-2024 when aggrieved locals and various RTI/Social Activists lodged several complaints before JMC higher authorities that this mall is not using sanctioned parking and basement public parking is being used as store besides owner has raised extra 4th floor measuring 3000 sqft without JMC permission and also that owner didn’t deposit compounding fee of Rs 127800 for 1704 Sqft violations including violations of 450 sqft in basement, ground floor violations 119 Sqft, first and 2nd floor violations 239 Sqft each and third floor violations of 657 Sqft at Rs 75 per Sqft which was due from 2013 when hon’ble J&K Special Tribunal ordered compounding of 1704 Sqft violations done against approved site plan vide No.1000/BS/O9 dated 1-9-2009 dated 26-9-2013 endorsed to JMC vide No. STJ/493 dated 30-12-2013 had categorically ordered that the owner will deposit compounding fee within two months before JMC exchequer failing which JMC will be at liberty to take appropriate steps.It deserves mentioning here that during all these 12 years from 26-9-2013, JMC remained silent notwithstanding several complaints lodged and also the print media effectively highlighted functioning of Varmani Mall without parking but its functioning was not stopped since 2013.
Worthwhile to mention here that a Khilafwarzi case was registered against owner for coverage of excess area of basement floor 450 sft., ground floor 119 sft., 1st floor 239 sft., 2nd floot 239 sft and 3rd floor 657 sft. in violation of approved building plan vide No. MJ/CEO/41/1/2013 dated: 02.05.2013 under section 7(1) of BOCA Act 1988. In response of this notice, the owner had submitted reply that construction is raised after proper permission from JMC and there is no major violation in the said building and if there is any violation, revised building plan shall be submitted.
However reply submitted by owner was examined and devoid merits and a demolition notice under section 7(3) was issued after taking fresh measurements specifying the quantum of violation in violation chart vide No. MJ/CEO/41/3/2013 dated: 20.05.2013.Meantime aggrieved by this, the owner approached Hon’ble J&K Special Tribunal, Jammu and Hon’bel Tribunal had directed to maintain status-quo on spot vide its order No. STJ/II/230/2013 dated: 24.05.2013.Whereas, Hon’ble J&K Special Tribunal, Jammu vide its order No. STJ/473 dated 30.12.2013 directed the owner to submit compounding fee within a period of two month (Rs. 1,27,800/ but as per records, the owner had not submitted the compounding fee in JMC.
Whereas, a complaint was received in the office vide No. 11292 dated 20.10.2020 that Vermani Shopping Mall has converted his basement as a godown.Whereas, after that concerned Enforcement staff visited the site and reported that the owner is using the parking (basement) for storage purpose.Whereas, after the report of enforcement staff visited the site and reported that the owner is using the parking (basement) for storage purpose.Whereas, after the report of Enforcement inspector, the file was sent to building section for measurement of the building.
Whereas, a notice under section 7(1) of J&K COBO Act, 1988 again served to owner vide No. JMC/CEO/12/01/2022 dated: 04.07.2022 with following conditions:Whereas, due to conversion of parking space at basement into godown, the customers visiting in your shopping mall park their vehicles on road side which is creating traffic jam and inconvenience to the general public.
Whereas, as per report of concerned area enforcement inspector, the owner have constructed the shopping mall at Channi Himmat Sec-2, Jammu with the violations including owner has constructed violated basement of shopping mall against the approved building plan vide No.: 1000/BS/09 dated: 01.09.2009. Moreover the owner also submitted an affidavit duly attested by 1st class Magistate pledging that the owner will remove existing partitions in the basement and will use basement purely for public parking.Whereas, in response to notice, owner has given a reply and after that notice was again issued to the owner giving one month time for clearing the partition, convert basement fully for parking purpose and also be submit an affidavit Duly attested by 1st Class Magistrate that you will remove all the partition from basement.
Whereas, after submission of affidavit by the owner a final notice was issued to the owner granting a final opportunity to remove the partition within 7 (seven) days from the receipt of notice failing which same shall be sealed under COBO Act.Whereas, the file was again sent to building section for taking fresh measurement of the building which is reproduced as under thereby enhanced violations was reported including area of plot – 7500 sft, covered area of basement – 4126 sft but construction at site was 3897 (RCC Slab + 627 (Sheet roof – 4524 sft, violations in sft is 398 sft, excess percentage ground coverage 9.64%.Covered area of ground floor – 2943 sft, constructed at site 3851 (RCC slab) + 1949 (Sheet roof – 5800 sft. violations in sft is 2857 sft, excess percentage ground coverage – 97.07%.Covered area of 1st floor – 2493 sft. Constructed at site 4038 sft. violations in sft is 1095 sft. excess percentage ground coverage – 37.20%.Covered area of 2nd floor – 2493 sft. Constructed at site 4038 sft. violations in sft is 1095 sft. excess percentage ground coverage – 37.20%.Covered area of 3rd floor – 2400 sft. constructed at site 4038 sft. violations in sft is 1638 sft. excess percentage ground coverage – 68.25%. In view of this the sanctioned permission was basement + Ground+ 3 but owner raised basement+ground+4.
This applicant has also raised the construction of 4th floor over the area of 2674 sft on which 414 sft is covered with RCC slab and 2260 sft is covered with G sheet roofing. Also, the applicant had constructed the GI sheet roof sheds at rear side and right side of building at ground floor.Basement is used as parking and storage purpose. Whereas, after that a notice under section 253 (1) of Jammu and Kashmir Municipal Corporation Act, 2000 was issued to owner vide No.: JMC/DC(S)/Enf/138-41 dated: 05.07.2024.Whereas, in response to notice vide dated 05.07.2024, the owner did not submit any reply.Whereas, a Demolition Order under section 253 (1) of Jammu and Kashmir Municipal Corporation Act, 2000 was issued to owner vide No.: JMC/DC(S) / Enf/169-72 dated: 02.08.2024.
Whereas, in response to above said notice dated 02.08.2024, the owner submitted a reply that J&K Special Tribunal directed the owner of the building to deposit the compounding fee in JMC on 10.10.2013 of Rs. 1,27,800/- within a period of two months which was deposited by the owner with a Cheque No. 122994.Whereas, the file was sent to Account section to verify whether the owner has deposited the compounding fees or not, whereas, the Account section verified and reported that as per record no cheque/payment has been received till date whereas, the activities are carried out the premises creates traffic hazards and public nuisance in the said locality, whereas, the said illegal activity seriously affects the planned development of Jammu City and contravenes the zoning regulation.Whereas, the construction in question constitutes un-authorized development within the meaning of the Jammu and Kashmir Building Bye-Laws 2021, which entails demolition of unauthorized works, sealing of premises, prosecution and criminal proceeding against owner and also entails action under section 253 of the Jammu and Kashmir Municipal Corporation Act 2000.Now therefore, in view of the facts and circumstances referred to hereinabove the structure/building in question is hereby sealed under Jammu and Kashmir Municipal Corporation Act, 2000; and J&K Unified Building Bye-Laws, 2021 (section 2.11). The structure/building in question in put under the superdari with the Section House Officer, Police Station, Channi Himmat, Jammu.
In view of above, million dollar question is whether JMC will charge compounding fee as per fresh measurement of violations as projected in sealing order dated 24-12-2024 wherein fresh violations have exceeded to 9757 sqft including 4th floor violations of 2674 sqft or compounding fee as decided by J&K Special Tribunal endorsed to JMC vide No. STJ/493 dated 30-12-2013. There is vital question wherein fresh violations of 9757 are compoundable or building deserves to be demolished as earlier violations were 1704 sqft which keeps present violations at 8053 sqft. This also put serious question mark on the sincerity and credibility of JMC enforcement staff which failed to report actual violations despite same very effectively by Social/RTI Activists and also print media highlighted the same along with pictures and authenticated details of violations at the site. More over the concerned JMC officials should also introspect why the reports of enforcement staff was not cross-checked resulting in running of Varmani Shopping Complex since 2013 onwards and how ridiculous is this that owner without paying compounding fee successfully run Varmani Shopping Mall for 12 long years when as per compounding order JMC was at liberty to take action as per law in case the owner doesn’t deposit compounding fee within two months time from the date of receipt of compounding fee. Further it is intriguing to note that whether JMC publically apologize to residents of Channi Himmat who were victims of traffic jams and traffic nuisance when customers park their vehicles on road side whosoever visiting Varmani Shopping Mall as JMC itself admitted that owner has total basement area as 4524.1 sqft, parking area-2667.8 sqft and storage area as 1262.5 sqft but the owner used whole of basement as storage almost closing parking space and now de-sealing Varmani Shopping Complex within 24 hours will have to be answered by Commissioner JMC who firstly order sealing of shopping complex highlighting huge violations and very next day conditionally de-sealed complex very next day for 20 days and on account of this JMC has become laughing stock in Channi Himmat area.
