Sealing notice didn’t mention full-fledged commercial hall on ground floor when as per approved residential site plan, the owner was supposed to construct kitchen towards front side, left side porch right side, followed by living room drawing room then back of them two bed rooms with common toilet along with stairs inside as witnessed in duplex residential house on ground floor but owner didn’t raise residential construction
Commissioner JMC against JMC Act 2000 and Unified Building Bye-laws 2021 on his own issuing de-sealing orders of premises sealed by JMC without intervention of competent courts as done in case of de-sealing of Varmani Shopping Complex, premises of Rajinder Sharma in front of Kalyan Jewellers, premises of Ashok Gupta at residential plot 274/3 all in Channi Himmat much to agony of aggrieved locals highly disappointed of this sealing and de-sealing drama by JMC
GY CORRESPONDENT
JAMMU, FEB 14
Notwithstanding vested interests made utmost endeavors to malign the image of Golden Yug daily English Newspaper with regard to motive of publishing of public interests stories, the reality is that in almost all the stories published by this newspaper, the JMC authorities were forced to take action against violators raising construction against approved site plans particularly against JMP-2032 and Unified Building Bye-laws 2021. In this series, Golden Yug newspaper published three stories to awake JMC to take action against owner on the complaints of aggrieved locals that violated commercial construction is going on ground plus three floors at residential plot 328/4 measuring 30×55(153.18 Sqm) (1650 Sqft) after getting residential site plan from JMC vide No. 148/JMC/BS/2023-24 dated 25-4-2023 owned by one Surinder Kour wife of Charan Singh r/o Channi Himmat Jammu on main 60 ft road of Channi Himmat zonal planned colony in Ward-50 but JMC initially remained unmoved despite bringing violations in public domain and applied dilly-delaying tactics to allow owner to continue with violated construction when construction is going on non-stop from the last 10 months.
As usual , JMC habitual of taking eyewash and delayed action in the present case did the same and under public pressure and in order to save their skin , JMC finally served owner sealing order vide No. JMC/Enf/5338-42 dated 11-2-2025 under section 253(1) of JMC Act 2000 and under Unified Building Bye-laws 2021 (Section 2.11) and the violated premises physically sealed on 11-2-2025 afternoon and the notice was also pasted on main gate entry for the knowledge of aggrieved locals and also field staff. The copy of sealing notice was also endorsed to concerned SHO Channi Himmat Police Station to ensure that the owner doesn’t violate sealing notice.
The above notice was eyewash notice on the grounds that there was no mention of complete commercial hall on ground floor when as per approved residential site plan, the owner was supposed to construct kitchen towards front side, left side porch right side, followed by living room drawing room then back of them two bed rooms with common toilet along with stairs inside as witnessed in duplex residential house but none of this residential construction raised and infect raised full-fledged commercial hall without any walls partition but the same was not mentioned in the sealing notice. In the remarks in the sealing notice, it was mentioned that at the time of visit the construction was going on.
Any way as per sealing notice, the owner was allowed ground plus two floors each 98.16 sqm but owner raised 118.73 sqm each floor making violation of 20.57 sqm on three floors individually making total violations on three floors as 61.71 sqm. The owner according to sealing notice raised completely unauthorized third floor measuring 13.55 Sqm making 100% violations. With regards to setbacks, the owner was duty bound to leave 3.96 mtr from front side but owner left 3.15 mtr making violations of 0.81 mtr.
The owner also didn’t leave rear side as 2 mtr making 100% violations. Similarly the owner was allowed 10 mtr as height of building but owner extended height up to 14.33 mtr making violations of 4.33 mtr and thus owner was allows ground plus two floors but owner raised ground plus three floors.It deserves mentioning here that the owner was earlier also served notice under Section 253(1) of JMC Act 2000 vide No. JMC/DC (S)/Enf/435-38 dated 10-2-2025 for raising construction against approved residential site plan.
Worthwhile to mention here that JMC in sealing notice admitted that illegal construction raised by owner seriously affects the planned development of Jammu city and contravenes the zoning regulation and also against Unified Building Bye-laws 2021/JMC Act 2000 under its section 253 which entails demolition of unauthorized works, sealing of premises, prosecution and criminal proceedings against owner. JMC should answer if it now admits that the unauthorized construction deserves to be demolished as it contravenes with zoning regulation and against Unified Building Bye-laws 2021 what stopped them to allow owner to raise violated construction up to three floors wherein at present finishing work is going on why no action taken against owner at the initial stage of violated commercial construction on residential plot by concerned enforcement staff deputed in area from time to time in Channi Himmat area.
It has come to fore that now days Commissioner JMC beyond his power of jurisdiction and also having no mention of such powers under JMC Act 2000 and Unified Building Bye-laws 2021 on his own issuing de-sealing orders of premises without the intervention of competent courts namely JMC stuns Channi Himmat by sealing Varmani Shopping Complex, Channi Himmat, Sector-2, Ward-50 on 30-12-2024 for violations to tune of 8053 sqft basement+ground+3 floor excluding violated 4th floor of 2674 sqft correcting earlier violations of 1704 sqft and allowing its functioning since 2013 without depositing compounding fee Rs 127800 by owner as decided by J&K Special Tribunal dated 30-12-2013 but despite all this , Varmani Shopping Complex was de-sealed on 31-12-2024 the very next day of sealing of premises by Commissioner JMC order without the intervention of any competent Court.
Similarly JMC Commissioner served sealing order to Rajinder Sharma Rajinder Sharma s/o late Master Ram Rattan Sector-3 ,opposite Kalyan Jewellers on main road Channi Himmat vide sealing notice No. JMC/Enf/2708-12 dated 23-11-2024 and de-sealed premises of Rajinder Sharma on vide Commissioner JMC vide No. JMC/Enf/5195-98 dated 18-1-2025 on the condition that the owner shall use the premises for residential purpose only and that owner shall not carry out any commercial activity without permission from JMC in the shops with roller shutters without any intervention from any competent court. Likewise premises of Ashok Gupta at residential plot 274/3, Channi Himmat Jammu were sealed by Commissioner JMC No. JMC/Enf/2365-70 dated 11-10-2024 and de-sealed premises vide No. JMC/Enf/5164-68 dated 17-1-2025 and also without any intervention from any competent Courts.
Despite no provision of de-sealing in the Jammu Municipal Corporation Act, 2000 and J&K Unified Building Byelaws, 2021, the Commissioner Jammu Municipal Corporation on his own de-sealing the buildings which were sealed by Jammu Municipal Corporation as examples given above after taking written undertakings from owner with the condition that owners will restore back original use of premises as per approved site plans which by the way is difficult top restore. Commissioner Secretary Housing and Urban Development Department should take serious cognizance of this as de-sealing by JMC has been strongly resented by aggrieved locals raising voice against unauthorized construction wherein JMC playing with JMC Act 2000 and Unified Building Bye-laws 2021.
