JMC did not take requisite action against construction of three unauthorized shops despite Dy General Manager through a letter informed Joint Commissioner JMC that three year validity of approved site plan granted by JMC dated 26-11-2018 had already lapsed as the owner started construction of unauthorized three shops after nearly six years of getting site plan dated 26-11-2018 demanding action against owner as per Uniform Policy of J&K Housing Board.
Now at present violated commercial construction is going on and the main walls towards front side have been raised to a considerable height which is evident from the pictures published in today’s story besides main walls towards backside have already reached slab level and simultaneously plaster work is also going on with the help of concerned enforcement staff.
GY CORRESPONDENT
JAMMU, FEB 20
The dereliction of duty on part of Dy Commissioner South and his team not serving BOCA notices under JMC Act 2000 /UBBL-2021 when owner of residential plot 29-C Shastri Nagar started violated commercial construction on residential plot and taking only oral action and as an eyewash action stopping construction work at the site has as on date has resulted restart of violated commercial construction with the help of same enforcement staff which earlier avoided action against owner under JMC Act 2000. Had the JMC served BOCA demolition notice under JMC Act 2000/UBBL-2021 when print media highlighted unauthorized commercial construction along with pictures dated 22-10-2024, 31-12-2024 now the owner would not have dared to restart unauthorized commercial construction on bifurcated residential plot 29-C which is getting stopped and restarted on pick and choose basis for the last four months slowly and steadily moving ahead with small breaks being facilitated by concerned JMC staff.
To put things in perspective, owner Col KK Lakhanpal s/o Amarnath Lakhanpal r/o Jammu was allotted a residential plot 29-C by J&K Housing Board in Shastri Nagar measuring 60×90 (5400 Sqft) vide No. 192-HD of 1983 dated 23-6-1983 under discretionary quota of Chief Minister at the cost of 2.35 per sqft and ground rate at the rate of Rs 1 per marla per annum. The owner accordingly got approved residential site plan for double stories from JMC vide No. 481/JMC/BS/2018 dated 26-11-2018 against application No. 6153 dated 6-1-2017 and as per approved site plan, the owner was allowed 45% construction and also duty bound to maintain mandatory setbacks including front side 6 mtr, rear 3 mtr, sides -1st 3 mtr and side-2nd , 2 mtr as per then JMP-2021 but owner before starting construction bifurcated residential plot into two parts 2700 sqft each and raised two story residential house covering 2700 sqft area adjoining with residential house 30-C without maintaining setbacks and kept open 2nd part of bifurcated plot towards main road of Shastri Nagar Housing Board Colony thus completely deviating from approved site plan. But at time also , JMC didn’t take any action against owner then also for deviating from approved site plan and bifurcating residential plan on his own by raising residential construction on one part of bifurcated plot and leaving another portion having front towards main road of Shastri Nagar colony. Owner meantime sold out 2nd partition of residential plot facing front towards main road of Shastri Nagar colony without seeking NOC from Housing Board through power of attorney and the same was brought into kind notice of Housing Board by aggrieved locals.
Taking serious cognizance of this, Dy General Manager Housing Board Unit-II, Jammu vide letter No.HU/II/2452-53 dated 18-10-2024 brought into notice of Joint Commissioner, JMC illegal sale of J&K Housing Board Plot 29-C at Shastri Nagar Jammu. The letter further informed that owner has started construction on front side of bifurcated residential plot which was stopped by field staff of Housing Board on 4-5-2024 and at present unauthorized commercial construction is going on residential plot 29-C. Further intimated validity of 3 years of building permission accorded by JMC dated 26-11-2018 to previous owner stands expired requesting Joint Commissioner JMC to take action against owner under UBBL-2021 and stop ongoing unauthorized construction. But JMC did’nt take the matter seriously and avod action against owner after joining hands with owner
When concerned Enforcement staff was questioned by aggrieved locals regarding ongoing construction of three unauthorized shops without JMC permission and too making land use change, they categorically said the ongoing work of shops has been stopped and that they demolish ongoing construction but in reality few bricks were uprooted of main wall towards front side of main road of Shastri Nagar Housing Board colony but the internal RCC pillars were not touched and as a result of which the construction continued.
It deserves mentioning here that Secretary J&K Housing Board Jammu wrote a letter to Deputy General Manager ,Housing Unit-II ,Shastri Nagar Jammu vide No. HB/Secy/5008-09 dated 14-10-2024 over illegal sale of J&K Housing Board Plot No. 29-C at Shastri Nagar Jammu in reference to a letter addressed to Secretary by Deputy General Manager vide letter No. HU/ii/123 dated 23-4-2024 and the e-office physical status report of plot in reference received by Secretary Housing Board Jammu on 24-9-2024. The Secretary in this letter was directed to request Deputy General Manager to take necessary action against owner in collaboration with JMC.
Worthwhile to mention here that now at present unauthorized commercial construction is going on and the main brick walls on RCC pillars towards front side have been raised to a considerable height which is evident from the pictures sent by immediate aggrieved locals clicked in the morning of 20-2-2025 and the pictures being published in today’s story besides main walls towards backside have already reached slab level and simultaneously plaster work is also going on with the help of concerned enforcement staff.
The support of concerned JMC staff including Yash Pal Sharma Naib Tehsildar working as Enforcement Officer and Pranav Jamwal Junior Assistant working as Enforcement Inspector deputed in Ward-22 to owner is evident from the fact that when aggrieved locals file RTI application ,those at the helm of affairs provide misguiding information hiding actual information like when asked what action has been taken against owner for raising unauthorized construction of three big size shops without permission from JMC, the concerned JMC PIO wrongly replied that no construction is going on at the site neither residential nor commercial and in another para seeking action against owner they said matter pertains to building section vide No.JMC/Enf/313-15 dated 25-11-2024 openly declaring pledge to save unauthorized construction of owner.
In light of above , Commissioner JMC should take the matter urgently and immediately visit the site as right now the construction of unauthorized shops is at initial stage and if action is delayed the credibility of JMC will be further damaged as right now the faith of JMC is getting shattered among Municipality residents due to nepotism and favourtism of enforcement staff who takes action on pick and choose basis and in no case takes any action against those who pay them for allowing violated constructions irrespective of nature of violated constructions even if completely against JMP-2032 and Unified Building Bye-laws 2021. At the same time Dy Commissioner South should also start delivering professional duties with lot more sincerity failing which if the long rope being given by him to field staff for ignoring violated constructions, the enforcement staff will prove fatal for residents of Municipal areas and in near future no future Master plan will be executive.
