JMC fails to implement verdict of High Court Jammu dated 9-10-2024 in case of residential house 584/4, Ward-50 Channi Himmat by allowing owner to continue running big shop under name & Style Durga Dutt Mart after converting drawing room making land use change from residential to commercial when JMC was at liberty to proceed against owner in case he doesn’t restore back drawing room by closing shop on residential ground floor and use premises purely for residential purpose only and de-seals shop when owner doesn’t fulfills conditions of de-sealing order

JMC didn’t take fresh action as directed by Tribunal in its verdict on 12-1-2023 in case titled owner Durga Dutt Vs JMC and the onus of taking action against owner was on Dy Commissioner South Lal Chand and Enforcement Officer Anil Kashyap and didn’t abide by Tribunal’s direction and this action on their part is still awaited even after lapse 24 long months when Joint Commissioner (R&E) JMC in notice served to owner under section 7(3) BOCA Act 1988 claimed that owner raised violated first and 2nd floors on existing violated ground floor without maintaining setbacks
GY CORRESPONDENT
JAMMU, april 16
One Durga Dutt of residential plot 584/4 measuring 30×55 Sqft on main road of Channi Himmat Housing Board colony got approved site plan from then prevalent Managing Director J&K Housing Board vide No. HB/DAP/604-07 dated 16-10-1998 in which owner allowed 60% built area and was duty bound to observe setbacks including front 14 ft ,rear 9 ft, sides& blind cut allowing owner drawing room , kitchen ,porch, bedroom, lobby, toilet on ground floor 904 sqft with open area 746 sqft, The owner contrary to approved site plan constructed violated ground floor nearly 1500 Sqft without maintaining setbacks and started residing .
Owner applied for further construction before JMC under application No. 8180 dated 26-6-2018. The Building officer along with team visited site pointed out violated construction of ground floor to which owner produced undertaking duly attested by 1st class Magistrate having Affidavit No. BZ 825752 DT26/09/2019 that he would dismantle existing violations on the ground floor before taking fresh construction of first and 2nd floor strictly in accordance with approved drawing of approved site plan passed way back in the year 1998 by J&K Housing Board Authority. Accordingly JMC approved conditional fresh residential site plan vide No. 527/JMC/BS/2019 dated 8-11-2019 allowing owner first and 2nd floors 970 Sqft each, setback front 10 ft, rear 6.5 ft. The height of building fixed as 35 ft including ground floor and paid building fee Rs 3880 and labour cess Rs 23280 for permitted area of construction of first and 2nd floors which was valid for three years
The owner as per given undertaking to dismantle existing violations on the ground floor raised equal size of first and 2nd floors at par with existing ground floor covering hundred percent plot area of 1500 sqft without maintaining setbacks. When this violated construction was going on, JMC didn’t take any action against owner as then Enforcement section extended unfair help to owner. However when immediate neighborers raised hue and cry over violated construction reaching completion level without JMC action, JMC under public pressure served owner demolition notice under 7(3) of COBO Act 1988 vide No. JMC/CEO/10/03/2022 dated 8-7-2022 issued by Joint Commissioner (R&E) claiming that owner raised violated first and 2nd floors on existing violated ground floor and that owner didn’t observe mandatory setbacks and raised construction absolutely against approved residential site plan asking owner to demolish violated construction within five days failing which JMC will demolish the same at the cost and risk of owner. However in this notice it was deliberately not mentioned that owner covering area of drawing room constructed shop towards front side of main road and named it Durga Mart Provisional store.
However owner already facing BOCA notice under Section 7(3), BOCA Act 1988 was again served another notice by JMC under Section 8(1) of BOCA Act 1988 vide sealing order No. MJ/PS/JC/R&E/256-59 dated 1-8-2022 issued by JMC Joint Commissioner (R&E) and consequently sealed the illegal shop of owner when the proceedings of case going on in J&K Special Tribunal . The Tribunal dated 13-7-2022 decided owner’s Appeal against BOCA notice under Section 7(3)for raising violated first and 2nd floor on already existing violated ground floor on the basis of which Status Quo granted to owner. It deserves mentioning here that during trial of case, JMC didn’t project actual violation and put up weak defence by not disclosing the construction of shop and running the same under name and Style M/S Durga Mart openly making land use change from residential to commercial without JMC permission. Meanwhile the owner didn’t stop commercial activity and after sealing of shop shutter started running commercial activity from porch area along with entry gate. It deserves mentioning here that the owner didn’t appeal against sealing order under section 8(1) of illegal shop before Tribunal and also JMC didn’t disclose that the owner during trial of case the owner raised shop by dismantling drawing room of residential ground floor and changed residential ground floor into commercial whose trial was going on against BOCA notice under Section 7(3).
However the Tribual decided that appeal dated 12-1-2023 observing that since the notice has been served by Joint Commissioner (R&E) beyond his jurisdiction of power to serve BOCA demolition notice under 7(3) dated 8-7-2022 and ordered to set-aside this BOCA notice on technical ground but didn’t comment on merit of case and directed that JMC is at liberty to take fresh action again owner as per mandate of law after settling the technicality of serving the notice and take fresh proceedings as per established law within jurisdiction of JMC. The Tribunal in its final verdict disposed off the appeal of owners and also disposed off any other interim order given by Tribunal including Status Quo order granted by Tribunal dated 13-7-2022 against BOCA demolition notice under Section 7(3) vide No. JMC/CEO/10/03/2022 dated 8-7-2022 but sealing order of shop remained intact.
It deserves mentioning here that JMC didn’t take fresh action as directed by Tribunal in its verdict on 12-1-2023 in case titled owner Durga Dutt Vs JMC and the onus of taking action against owner was on Dy Commissioner South Lal Chand and Enforcement Officer Anil Kashyap and didn’t abide by Tribunal’s direction and this action on their part is still awaited even after lapse 24 long months. However when RTI application filed dated 17-10-2024 in this regard to ascertain Commissioner JMC action as reminded and directed by Tribunal, Dy Commissioner South vide covering letter No. JMC/Enf/350-51 dated 17-2-2025 replied that notice under COBO Act 1988 was served to owner as per the decision taken by the committee held under chairmanship of Commissioner JMC and other members as it was decided in the committee to issue fresh notice under section of COBO Act 1988/256 of J&K Municipal Corporation Act 2000 to owner. However photocopy of BOCA notice served to owner was not provided to information seeker.
Due to no follow-up action by JMC meanwhile the owner approached Hon’ble High Court Jammu under WP© No. 1865/2023,CM No. 4313/2023 dated 21-7-2023 against sealing of shop by converting drawing room of residential house to get de-sealing order when JMC was duty bound to take action against violations of ground floor and construction of two more violated floors first and 2nd floor covering 100% plot area without maintaining setbacks and also raising construction absolutely contrary to approved site plan which were projected in BOCA notice 7(3) dated 8-7-2022 which they conveniently put on hold after joining hands with owner.
However High Court Jammu in its verdict dated 9-10-2024 disposed off appeal under WP© No. 1865/2023,CM No. 4313/2023 dated 21-7-2023 conditionally that owner shall not use the premises except for residential purpose and that Commissioner JMC shall ensure that the premises is not used for any commercial purpose. High Court Jammu in its verdict further said that JMC is at liberty to proceed against owner in accordance with law. In this regard owner produced a written undertaking before JMC that he would abide by directions of High Court and accordingly will close the shop and restore drawing room back to its original form. JMC Authorities believing undertaking of owner in the second week of March 2025 conditionally de-sealed shop with a condition to use his residential premises for residential use only and would restore drawing room back to its place by closing shop within ten days from the date of de-sealing of shop.
But it is sorry to note that nothing has been done by owner as per written undertaking and also by JMC which conditionally de-sealed shop as shop is still intact besides violated first and 2nd floors are still intact and commercial activities as earlier going on without any check by JMC from owner’s residential ground floor which is evident from the pictures clicked by aggrieved neighbors which puts question mark on credibility and sincerity of JMC and also contempt of Court decision which was to ensure that in no case owner uses his residential premises for commercial activities. This is serious development if not addressed by those at helm of affairs will shatter trust of law abiding citizens in area and this will also encourage more violated constructions in area making land use changes against JMP-2032, UBBL-2021 and JMC Act 2000.