JMC didn’t take fresh action as directed by Tribunal in its verdict on 12-1-2023 in case titled owner Durga Dutt V/s JMC and the onus of taking action against owner was on Dy Commissioner South Lal Chand and didn’t abide by Tribunal’s direction and this action on their part is still awaited even after lapse of months when Joint Commissioner (R&E) JMC in notice served to owner under section 7(3) BOCA Act1988 claimed that owner raised violated first and 2nd floors on existing violated ground floor without maintaining setbacks.
One Durga Dutt s/o Late Hiranand constructed violated equal size first and 2nd floor in June-July 2022 against fresh approved site plan 527/JMC/BS/19 dated 8-11-2019 on existing violated ground floor size raised without maintaining setbacks and covering 100% plot area deviating from residential approved site plan vide No. 604-07 dated 16-10-1998 on residential plot 584/4 measuring 30×55 (1650 sqft) on main road of Channi Himmat colony. The owner on the ground floor didn’t leave 14 ft from front and from backside 9 ft and also observe blind & cut restricting owner’s construction up to 60% only measuring 904 sqf with open area 746 sqft but constructed 1600 sqft. The fresh site plan was approved vide No. 527/JMC/BS/19 dated 8-11-2019 conditionally by JMC wherein owner had submitted written undertaking on affidavit dated 26-9-2019 attested by First Class Magistrate that owner would raise construction of first and 2nd floor as per approved drawing and also make necessary modifications to ensure ground floor in conformity with JMP-2032 by dismantling existing violations on ground floor.
According to 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 instead raised equal size of first and 2nd floors at par with existing violated ground floor covering hundred percent plot area of 1600 sqft without maintaining setbacks and instead of removing existing violations on ground floor infect converted residential drawing room near entry gate into shop with glass shutter and later iron shutter without valid permission from JMC and started running commercial activity under name and style M/S Durga Mart Provisional store. 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 having both glass shutter and big size iron shutter . However owner already facing BOCA notice under Section 7(3), BOCA Act 1988 was again served another sealing 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 . It deserves mentioning here that JMC sealed glass shutter with plastic tape and put sealing stamp on it with copy of sealing order pasted on glass shutter as the concerned had already intimated owner about sealing of shop and as a result of which asked owner to remove iron shutter prior to serving him sealing notice. Anyhow Golden Yug published a story with picture on 17-8-2022 showing glass shutter was sealed with tapes.
The owner instead of approaching Tribunal against sealing order infect approached Tribunal against demolition notice notice under Section 7(3) of BOCA Act 1988 dated 8-7-2022 on the ground that the notice has been served by an officer without being vested with powers to issue the order on technical ground without going into merits of the case that is whatever violations committed by owner on first and 2nd floors and directed JMC that it is at liberty to proceed ahead afresh as per mandate of law and didn’t say anything about sealing of premises. The Tribunal decided the appeal on 12-1-2023 against BOCA notice dated 7-8-2022. From there on wards no action taken by JMC against owner over violated construction of first and 2nd floor. However during trial of case before Tribunal didn’t disclose before Tribunal that owner had constructed shop by covering area of residential ground floor drawing room towards front side of main road of Channi Himmat.
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 and as a result of which owner approached High Court Jammu against sealing of shop only as JMC didn’t take any action against owner for violated construction of First and 2nd floor and in a way closed down proceedings against owner. The owner with a aim to save his unauthorized owner approached J&K High Court.
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 after nearly one year 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 if used again commercial purpose. 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 vide Commissioner JMC order No. JMC/Enf/5893-96 dated 13-3-2025 with a condition to use his residential premises for residential use only and no commercial activity from his residential premises and would restore drawing room back to its place by closing shop failing which JMC shall again seal the premises without giving further intimation to owner. The Commissioner JMC strictly directed concerned Enforcement Inspector of Ward-50 to submit report fortnightly after de-sealing of shops/ premises.
Meanwhile the owner didn’t stop commercial activity and after sealing of shop glass shutter continued running commercial activity from porch area along with entry gate. In this regard print media published a detailed story dated 17-4-2025 with pictures indicating that M/S Durga Mart is being run from porch area by closing down glass shutter having still marks of sealing stamp.
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.
Worthwhile to mention here that after recent transfer of enforcement Inspectors dated 7-5-2025 from one ward to another now full-fledged iron shutter which was earlier removed to pave way for glass shutter was again re-fixed on mid night of 9 May 2025 after reshuffle of Enforcement Inspectors. In this regard when aggrieved locals questioned outgoing Enforcement Inspector Varun Kesar, he categorically denied his any role in allowing to fix iron shutter and pass the buck on newly appointed Enforcement Inspector whereas when similar question was asked to newly deployed Enforcement Inspector in Ward-50 Gurmeet Kour she did exactly the same and maintained that the iron shutter was already installed before his transfer in Ward-50 but the commercial activity without any check going on continuously. Whereas the story published by Golden Yug on 17-8-2022 with pictures clearly indicated sealing of glass shutter and had there been iron shutter, JMC would have sealed iron shutter which clearly indicates that at the time of sealing there was no iron shutter. Neither outgoing Enforcement Inspector nor newly transferred Enforcement Inspector reported continuance of commercial activity. 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 and Commissioner JMC should conduct high level investigation into the case and those responsible for it should be booked..
