Despite no provision of de-sealing in the JMC Act, 2000 and UBBL, 2021, the Commissioner Jammu Municipal Corporation on his own de-sealing the buildings which were sealed by Jammu Municipal Corporation without intervention of competent courts as has been done in case of 274/3 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 to restore.
JMC on the basis of this undertaking issued conditional de-sealing order dated 18-1-2025 in favour of owner that within seven days of de-sealing of premises he would construct partition walls failing which the premises shall be re-sealed by JMC without any intimation. The owner however didn’t construct brick wall partitions and infect use ply wood for partitions to hoodwink general public and also JMC authorities whereas as on date full-fledged commercial hall is still intact by dismantling existing residential construction.
Owner against sealing order submitted baseless and without facts reply that he has been running a business under name and style, M/S Lovely Medicos and there was no wall exiting in shop and that there was a wooden partition which was damaged during rainy season because of seepage of water and same has been changed. But JMC termed it unsatisfactory reply on the grounds that the owner has entire residential ground floor into commercial by removing internal walls and changed land use from residential to commercial.
GY CORRESPONDENT
JAMMU, FEB 17
One Ashok Gupta s/o Rattan Chand Gupta owner of residential house situated at corner residential plot 274/3 measuring 2117 Sqft Channi Himmat Housing Board colony in Ward 50 on main road side of Colony in front of Luthra Academy having front road side measuring 20 ft and main road of colony nearly 60 ft towards other side of residential house purchased in the year 1987 and constructed a residential house having ground and first floor in the year 1994 . But later constructed commercial shop and start running Atulya Laboratory and Lovely Medicos and Lab measuring with two shutters towards main road side of colony besides kept small entry gate from main road side also and also constructed residential ground floor having drawing room lobby, bedroom and porch and first floor and also changing dimensions towards front side by not installing gate as per approved site plan and seriously violated lease deeds by starting commercial activity from residential house covering nearly 100% plot area (2000 Sqft) on ground floor and nearly 1600 Sqft on first floor. But sadly JMC didn’t take any action against owner despite whosoever visits shop parks their vehicle on road side and causing serious traffic nuisance as there is no provision for parking at the site from owner side what to think of serving owner notice under relevant section of BOCA Act or JMC Act 2000 and therefore the violated shop with two shutters was not compounded due to failure of JMC to take action against owner for making land use change from residential to commercial.
The owner well versed with sky high cost of commercial sites in Channi Himmat area and also encouraged and guided by JMC enforcement staff deputed in Channi Himmat area in July-August 2024 without prior permission from JMC started complete conversion of residential ground floor in to full-fledged commercial one when as per Unified Building Bye-laws 2021 , it is mandatory for each and everyone to seek prior permission of JMC for any altercation, modification, changing dimension of existing structure which was not done in the present case.
In this regard taking serious cognizance of aggrieved locals complaints and after thorough investigation to authenticate claims of locals found claims of locals true and following which this newspaper published a detailed story along with violations at the site with pictures dated 20-1-2023, 21-8-2024 and 12-9-2024 that owner completely dismantling walls partition on residential ground floor and heading towards full-fledged commercial hall on RCC pillars making land use change against JMP-2032 and Unified Building Bye-laws 2021 besides making sheer breach of lease deed agreement with J&K Housing Board by dismantling walls of drawing room, bed rooms, lobby, kitchen, toilets besides removing doors and windows.
When open land use change from residential reached public domain through print media, JMC in order to save their skin and to digest illegal gratification received from owner in an eyewash endeavor served owner notice under provision of section 253(1) of JMC Act 2000 vide No. JMC/DC(S)/Enf/226-29 dated 31-8-2024 with pictures depicting dismantling of partition walls and also single commercial hall on RCC pillars by removing exiting windows and doors. The notice claimed that owner has removed the internal walls to convert his shop into commercial hall without any valid permission from JMC against JMP-2032 and UBBL-2021 and that said illegal construction seriously affects the planned development of Jammu city and contravenes the zoning regulation.
The owner was served 48 hours ultimatum to reply to this notice and meantime the owner was asked to stop further violated construction as to why the action as warranted under law is not taken against owner.
The owner however submitted baseless and without facts reply that he has been running a business under name and style, M/S Lovely Medicos and there was no wall exiting in shop and that there was a wooden partition which was damaged during rainy season Cont. on page 11
