JMC itself admits in BOCA notices served to owner under provision of section 7(1) vide No. JMC/CEO/51/01/22 dated 28-11-2022 , BOCA demolition notice under provision of Section 7(3) under BOCA Act 1988 vide No. JMC/CEO/51/03/22 dated 20-12-2022 claiming that the owner has converted the porch area of residential house at ground floor into commercial hall for running commercial activity without permission of JMC and that this violated commercial activity from residential house serious affects the planned development of Jammu city and seriously contravenes the zoning regulation but sadly readymade garments business from whole of residential ground floor continuing as on date
Owner instead of demolishing violations as projected in demolition notice dated 20-12-2022 come out with written undertaking vide No. IN-JK00648371470641U dated 23-12-2022 that Kauvery Gifts, flowers and party decorations opened to settle his son has been closed and that his son has by now moved to Canada and there is no one to run this shop and wrongly claiming that violations were removed by him and that porch which was earlier used as residential has once again being used as residential and requested that the proceedings against him under Section 7(3) be stopped which surprisingly done by JMC and from that onwards no action taken against owner and readymade garments business as on date being run by both father and son who was earlier claimed to have shifted to Canada
GY CORRESPONDENT
JAMMU, april 6
There is no dearth of rules, by-laws, and statutory provisions that govern the conduct of Jammu Municipal Corporation(JMC). However, illegal construction continues to thrive in all 75 Wards under jurisdiction of JMC. While such activities are nearly universal across all Wards , they are most rampant in Housing Board Zonal planned colonies especially Gandhi Nagar, Shastri Nagar and Channi Himmat and also areas under jurisdiction of JDA besides in Sainik Colony and Greater Kailash. A primary reason is that in these areas, the cost of land is steep, and the huge demands for housing, office and commercial space far outstrip planning speed, product supply, and spatial availability at affordable rates. Moreover rising urbanization in recent years has triggered unbridled construction activities to meet the needs of the growing populations in Municipal areas. Not all of these constructions abide by existing laws, however, leading to adverse consequences on governance systems, the environment, people’s health, transportation services, and overall citizen well-being. In extreme cases, illegal constructions have resulted in loss of lives and property.
To put the things in right perspective, one Raj Kumar Gupta son of Kasturi Lal Gupta owner of residential plot 203/2 measuring 25×40 Sqft on main road side Channi Himmat Ward-50 constructed ground floor residential and started residing there with one small size shop on ground floor to run readymade garments shop in the year 2014-2015 covering 100% plot area without maintaining setbacks and also making land use change from residential to commercial with porch and gate and separate way to reach first floor. The owner later started construction of first floor on existing violated ground floor without getting site plan approved from JMC on Jan 1st 2019. The print media in this regard dated Jan 2nd ,2019 published a detailed story along with pictures that owner without JMC permission has started construction of first floor on existing violated ground floor. JMC didn’t take any practical action against owner and took only verbal action as no notice under JMC BOCA Act 1988 was served to owner when construction of first floor without JMC permission deserves to be demolished.
When JMC didn’t take any action against owner, aggrieved locals lodged complaint before Commissioner JMC highlighting serious nature violations at the cost of JMP-2032 vide receipt No. 744 dated 7-5-2019. This time also JMC didn’t take any action against owner and owner started residing on first floor. The owner having prior mind set to convert residential ground floor with one commercial shop under name and style RK Fabrics running readymade garments business to convert whole of ground floor into commercial first started residing on first floor constructed by owner without JMC permission in the year Oct 2022 removed iron gate to pave way for another commercial shop more of a showroom in addition to already existing shop under name and style RK Fabrics since 2005 and another on 1-11-2022 how owner converted residential portion where he was residing into another shop by removing iron gate and putting big glasses to give it shape of showroom and also as glass shutter which was earlier used as entry gate and stairs to reach first floor on the left side by putting a banner of sale before formally converting into Kauvery Gifts, flowers and party decorations inaugurated by former J&K Dy CM Kavinder Gupta on 1-11-2022 thus converting whole of ground floor into full-fledged commercial hall. When all this was going on as mentioned above, JMC didn’t take any action against owner who in turn started full fledged commercial activity from whole of residential floor.
However when aggrieved locals raised hue and cry besides registered complaints before higher-ups of JMC including enforcement staff , JMC served owner BOCA notice under provision of section 7(1) vide No. JMC/CEO/51/01/22 dated 28-11-2022 claiming that the owner has converted the porch area of residential house at ground floor into commercial hall for running commercial activity without permission of JMC and that owner made land use change from residential to commercial without JMC permission. The notice further claimed that this violated commercial activity from residential house serious affects the planned development of Jammu city and seriously contravenes the zoning regulation.. The owner was served 48 hours ultimatum to reply to this notice as to why Khilfwarzi should not be sealed/demolished.
The reply to this notice as per JMC was not satisfactory and hence JMC served owner BOCA demolition notice under provision of Section 7(3) under BOCA Act 1988 vide No. JMC/CEO/51/03/22 dated 20-12-2022 and kept the violations altogether same as were projected in 7(1) notice. However owner this time served owner five days ultimatum to demolish violations as mentioned in notice failing which the same will be done by JMC at his risk and cost.
But the owner duly guided by enforcement staff deputed in area without demolishing violations infact come out with written undertaking vide No. IN-JK00648371470641U dated 23-12-2022 that Kauvery Gifts, flowers and party decorations opened to settle his son has been closed and that his son has by now moved to Canada and there is no one to run this shop and wrongly claiming that violations were removed by him and that porch which was earlier used as residential has once again being used as residential and requested that the proceedings against him under Section 7(3) be stopped.
The owner to hoodwink general public removed glass shutter to run Kauvery Gifts and Decoration items but infact installed big iron shutter enhancing both length and height up to roof level. Sadly JMC didn’t take any follow –up action after owner submitted undertaking as mentioned above despite the fact that owner didn’t demolish violations other than removing glass shutter but full-fledged commercial hall on residential ground floor remained intact which is intact as on date also. But JMC stop proceedings against owner under 7(3) BOCA demolition notice.
It deserves mentioning here that the owner just before Diwali 2024 once again started commercial activity which continuing as on date since then using residential porch and also main gate as shutter to run garments business both men and women under name and style RK Fabrics from whole of residential ground floor using even entry gate shop for commercial activity but sadly JMC is as on date is reluctant to take action against owner which proves that owner is enjoying full patronage of JMC enforcement staff to run RK Fabrics from whole of residential ground floor measuring 1000 Sqft.
The callousness on part of JMC is also evident from the fact that, JMC didn’t take deserving action despite the fact that a detailed complaint by immediate aggrieved locals having 17 enclosures was addressed to concerned higher authorities including Commissioner JMC dated 26-11-22. This in turn allowed owner to run garments business from whole of residential ground floor measuring 1000 sqft which raises serious question mark on credibility of BOCA notices as has been witnessed in present case as despite demolition notice served to owner, no follow-up action taken against owner in the name of simple undertaking by owner and stopped further proceedings.
As on date the owner’s son who as claimed by owner had shifted to Canada has returned and both father and son are running garments shop from whole of ground floor proving BOCA notices served to him by JMC mere cosmetic exercise and also written undertaking submitted by him mere formality. But in all this million dollar question is violated first floor constructed without JMC permission is still intact and also ground floor residential where earlier there was one shop on ground floor under name and style RK Fabrics now readymade garments business under same name and style is being run from whole of residential house which puts big question mark on credibility and sincerity of JMC functioning particularly JMC enforcement staff which every now and then is found making mockery of guidelines under JMP-2032, UBBL-2021 and also JMC Act 2000. The present case is an eye-opener for residents of Channi Himmat Housing Board colony which despite all this as mentioned above bravely trust JMC notwithstanding every time their trust is shattered by JMC which as on date still continuing to take action on pick and choose basis promoting nepotism and favoutism for fulfillment of their vested interests rather than safeguarding JMP-2032 and UBBL-2021 guidelines.
