JMC in an eyewash action when violated ground, first and 2nd floors besides unauthorized 3rd floor was completed served owner notice under section 7(3) BOCA Act 1988 vide No. MJ/CEO/62/03/2021 dated 6-1-2022 serving owner 15 days ultimatum to remove violations as mentioned in violation chart and as per Tribunal’s order didn’t take any follow-up action against owner and allowed him to complete violated construction and start running commercial activities.
Despite Tribunal reminding Commissioner JMC that he could have used his powers vested under section 256 (1) of JMC Act 2000 prior to serving owner notice under section 7(3) of COBO Act 1988 vide No. MJ/CEO/62/03/2021 dated 6-1-2022, nothing was done by him . Instead during the trial of case before Tribunal, Dy Commissioner South, JMC in a letter to owner vide No. JMC/Enf/1607-11 dated 26-6-2024 directed the owner to remove violations as per Tribunal order in reference to STJ/11/010/F/2022 dated 13-5-2024 projecting all the violations done by owner within 15 days failing which the same will be done by JMC Authorities at his risk and cost, no follow-up taken after expiry of 15 days ultimatum
GY CORRESPONDENT
JAMMU, MAR 20
Smt Jyoti Kiran wife of Tarsem Lal Thapa owner of commercial plot in Greater Kailash, Lane-10 near HDFC Bank, Ward-68 on main road of Greater Kailash measuring 1755 Sqft falling under Khasra No. 612 Min got approved a site plan commercial stage-1st vide No. 58/JMC/BS/2020 dated 20-6-2020 allowing owner ground floor commercial 572 sqft with setbacks including front-18ft , side-1, 10 ft , rear-10 ft and accordingly paid Rs 14300 as building fee, labour cess as 10296 for permitted area. The owner contrary to approved site plan constructed ground floor1185.5 sqft without observing setbacks neither backside-10 ft nor side-1, 10 ft, however owner left front side nearly 13 ft against 18 ft meant for parking purposes but JMC concerned enforcement staff didn’t report violative construction after joining hands with owner.
This was also over sighted by Senior Town Planner JMC and deliberately ignored violations in stage-1st construction and out of way approved stage-2nd commercial construction vide No. 595/JMC/BS/2021 dated 7-8-2021 allowing owner 1st and 2nd floors 559 sqft each with setbacks including front-18ft , side-1, 10 ft , rear-10 ft but here also owner constructed first and 2nd floor exactly at par with ground floor 1185.5 sqft against permitted 572 sqft. As usual in most of cases , JMC initially didn’t take any action against owner who not only completed violated construction of ground floor managed to construct first and 2nd floor after getting stage 2nd site plan approved from JMC besides owner with the help of concerned enforcement staff also dared to construct unauthorized 3rd floor measuring 208 sqft without JMC permission.
Anyhow under extreme public pressure who were against this violated construction from ground floor, JMC as an eyewash action served owner notice under section 7(3) BOCA Act 1988 vide No. MJ/CEO/62/03/2021 dated 6-1-2022. The owner against this notice approached J&K Special Tribunal Bench-III vide file No. STJ/010/F/2022 dated 10-1-2022 and got status Quo order from Tribunal. JMC as per notice claimed that during trial before Tribunal Bench-III had ordered JMC to visit the spot again on 21-12-2023 at 12:30 PM for preparation of fresh violation chart in presence of owner. In this regard concerned Enforcement Inspector along with Surveyor from JMC Building Section took fresh measurement.
According to fresh measurement at the site, the owner constructed ground floor, first floor and 2nd floor measuring 1185.5 sqft each against permitted 559 sqft each thereby making violation of 626.5 sqft on each floor making violations of 112.07 % on each three floors besides owner raised unauthorized third floor measuring 208.4 sqft making 100% violations. Similarly the owner was duty bound to leave front 18 ft but owner left only 13 ft, 2 inch making violations of 26.83% and making 100 violations of side-1 and rear side by leaving nothing and covering hundred percent area from these two setbacks. Likewise the permitted FAR was 99.5 but at the site it was 202.61 for G+2. The owner was served 15 days ultimatum to remove violations as pointed out in violation chart failing which same will be done by JMC at owner’s cost and risk.
It deserves mentioning here that JMC did nothing after serving owner 15 days ultimatum to remove violations which were not removed by owner which was disclosed by report of Enforcement Inspector that on his visit at site on 12-7-2024 work of front elevation was going on and that owner has not demolished violated part. However despite all this as mentioned above , owner from Aug 2024 started commercial activities under name and style, Barista on ground floor and Blue Moon Unisex Spa and Saloon on 2nd floor .Worthwhile to mention here that Special tribunal Jammu vide order No. STJ/11/010/F/2022 dated 13-5-2024 had also ordered that Commissioner JMC is at liberty to exercise his powers vested U/S 256 of JMC Act 2000 for taking steps to bring the building in conformity with the sanctioned plan.
However Court observed that the Commissioner could have used his powers vested under section 256 of JMC Act 2000 prior to serving owner notice under section 7(3) of COBO Act 1988 vide No. MJ/CEO/62/03/2021 dated 6-1-2022. JMC was also directed by Tribunal to share outcome of exercise done by Commissioner JMC in this regard during next date of hearing.Meanwhile during the trial of case before Tribunal, Dy Commissioner South, JMC in a letter to owner vide No. JMC/Enf/1607-11 dated 26-6-2024 directed the owner to remove violations as per Tribunal order in reference to STJ/11/010/F/2022 dated 13-5-2024 projecting all the violations done by owner as mentioned above within 15 days failing which the same will be done by JMC Authorities at his risk and cost.
Commissioner JMC should enquire from concerned staff how owner completed violated construction when Tribunal had granted status Quo order dated 10-1-2022 whose trial is still in progress whose next date of hearing is 24-4-2025 earlier date of hearing was 17-2-2025 in case titled Jyoti Kiran Vs JMC BOCA Authority and not only this the owner from Oct 2024 stated commercial activities from ground floor under name and style Barista and Blue Moon Unisex Spa and Saloon on 2nd floor. This development is very serious as JMC not only failed to implement status Quo order but also Commissioner JMC deliberately not used powers vested in him under Section 256(1) of JMC Act 2000 despite Tribunal reminded Commissioner JMC that he is at liberty to take action against owner and take steps to bring the building in conformity with sanctioned plan. In light of above , JMC should answer why it did not file contempt appeal before Tribunal when owner did not abide by status quo order and also didn’t remove violations and contrary to all this started commercial activities.
