As per JMC Act 2000 and Unified Building Bye-laws 2021, JMC Commissioner beyond his power of jurisdiction de-sealed premises without any intervention from competent court but was done to benefit owner being influential and well-off person in the society. Owner didn’t remove violations even after lapse of more than 48 days and also didn’t fully restored basement for public parking and also didn’t demolish unauthorized 4th floor.
According to notice under section 253(1) of JMC Act 2000 vide No. JMC/DC(S)/Enf/455-58 dated 17-2-2025, the violations exceeded considerably including basement violations 1712 sqft which was earlier 398 sqft, ground floor violations 3644 sqft and earlier it was 2857 sqft, first and 2nd floors violations 857 sqft each which were earlier 1095 sqft each which is highly surprising as how on its own these violations reduced without removing violations, 3rd floor floor violations now 857 sqft earlier it was 1638 sqft and 4th floor violations now 2488 sqft earlier it was 2674 sqft which was not feasible within permissible height and FAR. The owner also didn’t maintain setbacks and sanctioned height by exceeding it to 65 ft against permitted 49.6 ft besides FAR also violated as 273.02 against permitted 156.6 sqft
Owner against de-sealing order No. JMC/Enf/4130-33 dated 31-12-204 submitted an application with the request to de-seal the premises along with affidavit duly attested by notary Jammu to which JMC de-sealed Varmani complex with conditions that owner shall remove the violations in basement within 20 days and also use the basement only for parking purpose and shall also remove the fresh violations raised on top 4th floor and setbacks, but owner did nothing even after lapse of 48 days
GY CORRESPONDENT
JAMMU, FEB 26
Sunita Arora wife of late RK Arora owner of Varmani Shopping Mall in Channi Himmat, Sector-2, Ward-50 got approved commercial site plan vide No.1000/BS/O9 dated 1-9-2009 with total plot area 7500 Sqft allowing owner basement 4126 sqft for public parking, ground plus two floors 2943 sqft each and third floor 2400 sqft, front 22’, 10.5”, sides left and side right 12 ft each with rear 14 ft. The height of building was fixed 49.6 inch valid for three years. But owner contrary to approved site plan raised construction beyond approved site plan and somehow completed construction of basement plus four floors. JMC served owner BOCA demolition notice under section 7(3) J&K Control of Building Operation Act 1988 vide No. MJ/CEO/41/3/2013 dated 20-5-2013 directing owner to demolish structure within five days. As per the notice, the owner constructed basement 4576 sqft against sanctioned 4126 sqft making violations of 450 sqft, ground floor constructed 3062 sqft against permitted 2943 sqft making violations of 119 sqft, first and 2nd floors constructed 3182 sqft each against permitted 2943 sqft each making violations of 239 sqft each, third floor constructed 3057 sqft against permitted 2400 sqft making violations of 657 sqft making total aggregate violations as 1704 sqft besides the owner had by then raised 4th floor also which was mentioned and also violations were exceeding at the site but deliberately reduced by JMC measurement team which visited the site and measured violations .
The owner approached Special Tribunal 26-9-2013 against 7(3) notice. The Tribunal decided the appeal on 26-9-2013 total compound area 1704 Sqft at Rs 75 per sqft total amount becomes 127800 which was directed to owner to deposit compounding fee within two months in JMC exchequer, failing which the JMC will be at liberty to take appropriate steps against owner endorsed to JMC vide No. STJ/493 dated 30-12-2013 before JMC exchequer failing which JMC will be at liberty to take appropriate steps. The owner neither deposited compounding fee nor use basement for parking purpose and infect used parking basement as store besides also raised unauthorized 4th floor. But JMC didn’t take follow-up action and remained mum for last 12 years . Meantime aggrieved locals literally approached every concerned Forum including Vigilance organization and LG Grievances cell but to no use and Varmani Shopping Complex continued functioning without parking resulting in traffic congestion in the area and traffic jams as customers park their vehicles covering main road and that owner covered more area on each floor besides raising unauthorized 4th floor.
Anyhow JMC after nearly 12 years served owner sealing order vide No. JMC/Enf/3028-32 dated 24-12-2024 and physically sealed Varmani complex on 30-12-2024 evening. Whereas, according to sealing notice 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 dated 31-12-2024 also submitted an application along with affidavit duly attested by notary Jammu pledging that the owner will remove existing partitions in the basement and will use basement purely for public parking and demolish 4th floor. 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 and de-sealed premises vide No. JMC/Enf/3028-32 dated 24-12-2024 conditionally for 20 days.
When after lapse of more than 48 days owner didn’t act as per given undertaking and didn’t remove violations, Dy Commissioner South JMC served owner fresh notice under section 253 (1) of Jammu and Kashmir Municipal Corporation Act, 2000/UBBL-2021 vide No.: JMC/DC(S)/Enf/455-58 dated: 17.02.2025.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 sources have disclosed that the owner has now deposited compounding fee which was due way back in the year 2013 which has become time barred and it was beyond jurisdiction of JMC to accept it in original form as now violations have exceeded further after fresh measurement as disclosed in notice dated 2-8-2024.
It deserves mentioning here that the owner didn’t remove violations even after lapse of more than 48 days and also didn’t fully restored basement for public parking and also didn’t demolish unauthorized 4th floor. Meanwhile JMC served owner notice under provision of section 253(1) of JMC Act 2000 vide No. JMC/DC(S)/Enf/455-58 dated 17-2-2025 first time disclosing that owner has raised unauthorized 4th floor making 100% violations and this 4th floor was not mentioned under compounding fee. Anyway the owner as per notice served 48 hours ultimatum to reply to this notice failing which action as warranted under section 253(1) of JMC Act 2000 read with UBBL-2021 will be initiated against him.
According to fresh notice dated 17-2-2025 , after fresh measurement , the violations exceeded considerably including basement violations 1712 sqft which was earlier 398 sqft, ground floor violations 3644 sqft and earlier it was 2857 sqft, first and 2nd floors violations 857 sqft each which were earlier 1095 sqft each which is highly surprising as how on its own these violations reduced without removing violations, 3rd floor floor violations now 857 sqft earlier it was 1638 sqft and 4th floor violations now 2488 sqft earlier it was 2674 sqft which was not feasible within permissible height and FAR. The owner also didn’t maintain setbacks and sanctioned height by exceeding it to 65 ft against permitted 49.6 ft besides FAR also violated as 273.02 against permitted 156.6 as per sealing notice.
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 10415 sqft from 9757 sqft including 4th floor violations of 2674 sqft according to sealing order 17-2-2025 or compounding fee as decided by J&K Special Tribunal endorsed to JMC vide No. STJ/493 dated 30-12-2013 as 1704 sqft . This also put serious question mark on the sincerity and credibility of JMC enforcement staff deputed in area from time to time 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.
