Commissioner JMC served owner notice vide No. JMC/Enf/12-16 dated 9-12-2023 for converting his residential house into commercial one by letting J&K Bank to run its branch from residential house and served owner 48 hours ultimatum to owner asking as to why land use change made by owner in conservation of the provisions of JMC Act 2000 and UBBL-2021 may not be demolished/pulled down/sealed failing which action as warranted under JMC Act 2000 read with UBBL norms 2021 shall be taken which proved mere eyewash and no follow-up action taken by JMC as a result of which J&K Bank branch Channi Himmat continuously functioning from residential house.
Earlier owner constructed illegal basement measuring 2957 Sqft against out of total plot area measuring 5000 Sqft which was not allowed as per the approved site plan. The owner did not stop here and raised ground floor measuring 2957 Sqft against 2000 Sqft ,first and 2nd floors floor 3307 Sqft each against permitted 1920 Sqft against sanctioned residential site plan approved by JMC where there was no provision for any basement.
J&K Special Tribunal on 18-11-2009 in its decision maintained that basement was constructed by owner illegally and the same should be dismantled without further delay. Owner was asked to give written undertaking on Affidavit that he will close down the basement which he had constructed illegally. The Tribunal further compounded the residential violations and owner was asked to deposit compounding fee of Rs 50835 to JMC within one month either in cash or through DD Draft only then violated residential construction will be regularized. Surprisingly owner till date has not deposited the said compounding fee and JMC also didn’t take any follow-up action in this regard.
GY CORRESPONDENT
JAMMU, JAN 24
A J&K Bank branch has been operating illegally from 21-2-2018 at a residential House No.282 Sector-2 Channi Himmat Housing Board colony, owned by Smt Sudesh Kumari mother of Pranav Bhardwaj and wife of Brij Mohan Sharma after earlier raising commercial halls on residential plot and later leasing out basement and first floor to J&K Bank sparking protests from locals. The demonstrations have caused traffic jams and other disruptions, highlighting the community’s frustration with the situation. It’s possible that the bank branch did not obtain the necessary permissions or follow the required procedures, leading to the illegal operation. The locals’ protests are a clear indication of their discontent with the situation demanding to take immediate action to address the issue, ensuring that the bank branch is relocated to a suitable commercial area or obtains the necessary permissions to operate legally. The Unified Building Bye-laws 2021 and even JMP-2032 guidelines and regulations for residential and commercial accommodations are in place to maintain order and ensure that public spaces are used efficiently. It’s essential for organizations, including banks, to adhere to these guidelines to avoid disruptions and inconvenience to the community particularly taking care of public parking.
Taking cognizance of this J&K Housing Board after lapse of nearly six years has finally served 14 days ultimatum to Branch Manager, J&K Bank branch Channi Himmat Branch in a notice vide No. HB/CLA/8086-88(CN7361336) dated 21-1-2025 quoting proviso to sub-section 40 of the J&K Housing Board Act of 1976 to submit a clear explanation and present any evidence, if applicable failing which will result in immediate eviction proceedings for the unauthorized occupation of the Housing Board property.
It deserves mentioning here that earlier the DGM Housing Unit-1 brought into notice of MD Housing Board that residential plot 282/2 Channi Himmat Housing Board Colony has been unlawfully converted into a commercial space, with J&K Bank branch operating from this location. Further as per communication No.HB/4964-65 dated 6-1-2021, Jammu Municipal Corporation was explicitly conveyed that a “NO Objection” Certificate can not be issued for this plot to be used for commercial purposes. Furthermore on several occasions, including correspondence No.HB/Secy/6713-15 dated 13-10-2023, the J&K Bank Channi Himmat Branch Manager has been directed to find alternative accommodation and relocate the Bank branch without further delay.
Additionally, by communication No. HU/1/CH/1644-48 dated 14-10-2023, Bank Manager was formally requested to provide a copy of agreement with the plots allottee. J&K Housing Board maintained that the operation of Bank from a residential property violates the lease conditions, explicitly concerning the land use change from residential to commercial. Any continued operation by the Bank on these premises will be entirely at their own and expense. Despite ample time period provided, the Bank has failed to to relocate its office from this residential house or respond to the previously referenced communications. This disregard prolongs the unauthorized occupation and obstructs the resolution of this matter but Branch Manager didn’t take the matter seriously and consistently ignored communications of J&K Housing Board.
However Commissioner JMC vide No. JMC/Enf/12-16 dated 9-12-2023 served owner Sudesh Kumari mother of Pranav Bhardwaj wife of Brij Mohan Sharmar/o House No. 282/2, Housing Colony Channi Himmat Jammu under provision of Section 253(1) of JMC Act 2000 claiming that a complaint has been received from J&K Housing Board, Unit 1st Channi Himmat Jammu that the owner has converted his residential house into commercial one by letting J&K Bank to run its branch from residential house . JMC served owner 48 hours ultimatum to owner asking as to why land use change made by owner in conservation of the provisions of JMC Act 2000 and UBBL-2021 may not be demolished/pulled down/sealed failing which action as warranted under JMC Act 2000 read with UBBL norms 2021 shall be taken.
Worthwhile to mention here that this 48 hours ultimatum to owner proved mere eyewash and no follow-up action taken by JMC as a result of which J&K Bank branch Channi Himmat continuously functioning from residential house.Worthwhile to mention here that Pranav Bhardwaj s/o Brij Mohan Sharma r/o 282/2 , Channi Himmat Jammu got approved residential site plan from JMC vide No.1/BS/09 dated 2-4-2009 and paid Rs 13680 as building fee for permissible construction nearly 2000 Sqft as ground floor and first & 2nd floors 1920 Sqft each . The owner constructed illegal basement measuring 2957 Sqft against out of total plot area measuring 5000 Sqft which was not allowed as per the approved site plan. The owner did not stop here and raised ground floor measuring 2957 Sqft against 2000 Sqft ,first floor 3307 against 1920 Sqft and 2nd floor 3307 sqft against 1920 Sqft against sanctioned site plan approved by JMC where there was no provision for any basement.
It is strange to note that JMC only booked owner under COBO notice when the commercial building on residential plot was almost about to complete dated 14-2-2009 maintaining that the commercial building has been raised on residential plot against approved site plan and thus violating then Jammu Master Plan 2021 and also rules of Building permission and operation by JMC. However owner approached J&K Special Tribunal against JMC action demolition notice under 7(3) vides No. MJ/Estt/CEO/179/3/09 Dated 14-2-2009 where Tribunal on 18-11-2009 in its decision maintained that the basement was constructed by owner illegally and the same should be dismantled without further delay. Accordingly the owner was asked to give written undertaking on Affidavit that he will close down the basement which he had constructed illegally. The owner furnished the undertakings on stamp paper worth Rs 10 having serial No. M482397 dated 22-4-2010 both before Tribunal and JMC authorities pledging that he will not use basement and will close it down.
The Tribunal further compounded the residential violations and the owner was asked to deposit compounding fee of Rs 50835 to JMC within one month either in cash or through DD Draft only then violated residential construction will be regularized. Surprisingly the owner till date has not deposited the said compounding fee. The same was disclosed in an RTI reply vide No. JMC/CEO/100-01 dated 3-7-2019 that Pranav Bhardwaj has not deposited any compounding fee as per record of JMC. The RTI reply further disclosed that with regard to demolition of basement or closedown of basement, the building is locked on all sides and JMC is not aware whether the basement is demolished or closedown. Prima-facie proves that the basement was neither dismantled nor closed down by owner but remained intact.
Despite well acquainted with case trial, JMC even then granted NOC proving that it has no regard for tribunal, no regard for rule book framed by it and it knows one thing that if one is ready to pay us we are ready to pay back by facilitating violative and unauthorized constructions. JMC accordingly granted NOC to operate J&K Bank branch vide No. JMC/RB/1350-51 dated 14-3-2017 which was beyond their power of jurisdiction as the operation of J&K Bank branch means land use change that too without any provision for public parking within premises. Accordingly the owner leased out his residential building to J&K Bank branch Channi Himmat dated 27-2-2018 including basement measuring 2957 Sqft and ground floor 2957 Sqft. Surprisingly J&K Bank management didn’t take care of parking and also didn’t take seriously that they are opening bank branch from residential house which as per established norms was not allowed based on RBI guidelines for opening of Bank branch.
It is pertinent to mention here that the aggrieved locals dated 23-3-2023 also knock the doors of Anti Corruption Bureau , LG Sinha’s Grievances Cell, Commissioner Secretary Housing and Urban Development Department and also Commissioner JMC over functioning of J&K Bank branch Channi Himmat Jammu but neither Housing Board whose lease deeds violated nor JMC which was duty bound to stop operation of J&K Bank branch from residential house absolutely did nothing substantial other than making frivolous communications with Bank Manager J&K Bank branch Channi Himmat as a result of which Bank branch continuously functioning from residential house against RBI guidelines and also against JMP-2032 and Unified Building Bye-laws 2021
