Earlier owner Kapil Mahajan against approved residential site plan raised three floors 1300 sqft each against permitted 1017 sqft each in the year 2020-2021. The owner was mandatory to observe setback from front side as 10 ft but owner left only 6 ft whereas back set back was to be maintained as 7 ft but owner left nothing from backside. Infect owner didn’t raise residential construction like drawing room , lobby ,bedroom, kitchen and also cut out was also not constructed by owner .
Kapil Mahajan was served BOCA demolition notice under section 7(3) of BOCA Act 1988 by JMC vide No.MJ/CEO/255/3/2020 dated 9-6-2020 for undertaking shuttering work on 2nd floor on existing ground and first floor against sanctioned plan and exceeding area under construction without maintaining mandatory setbacks but no follow-up action taken by JMC against owner and somehow he managed to raise violated construction of three floors residential construction with the help of then enforcement staff deputed in Ward-50
GY CORRESPONDENT
JAMMU, june 12
There have been numerous reports and concerns raised regarding the conversion of residential properties into commercial buildings Jammu Municipality areas , particularly in areas like Gandhi Nagar, Apsara Road, Channi Himmat main roads near Cremation Ground ,Railway track road without proper authorization from the Jammu Municipal Corporation (JMC). Residents have expressed concerns about congestion, traffic, and potential violations of the master plan 2032 and UBBL-2021.
Among those commercial constructions at present one commercial construction being raised by one Rahil Jain s/o Ravi Jain r/o House No.61/3, Trikuta Nagar owner of residential structure 637/3 measuring size 30×55 Channi Himmat Jammu on main road of Channi Himmat Cremation ground, Ward-50 who basically purchased violated residential structure having three floors (G+2 floors) raised against residential approved site plan vide No. 601/JMC/BS/2019 dated 11-12-2019 from Kapil Mahajan s/o Vijay Kumar Gupta nearly one year back. It deserves mentioning here that Kapil Mahajan was served BOCA demolition notice under section 7(3) of BOCA Act 1988 by JMC vide No.MJ/CEO/255/3/2020 dated 9-6-2020 for undertaking shuttering work on 2nd floor on existing ground and first floor against sanctioned plan and exceeding area under construction without maintaining mandatory setbacks both from front and backside and was given five days ultimatum to demolish violations failing which same will be done by JMC at his cost and risk. However no follow-up action taken by JMC against owner and somehow he managed to complete violated construction of three floors residential construction with the help of then enforcement staff deputed in Ward-50.
Worthwhile to mention here that the owner Kapil Mahajan against approved site plan raised three floors 1300 sqft each against permitted 1017 sqft each in the year 2020-2021. The owner was mandatory to observe setback from front side as 10 ft but owner left only 6 ft whereas back set back was to be maintained as 7 ft but owner left nothing from backside. Infect owner didn’t raise residential construction like drawing room , lobby ,bedroom, kitchen and also cut out was also not constructed by owner Kapil Mahajan. Owner Kapil Mahajan accordingly paid residential building fee as Rs 7490 but the owner didn’t undertake finishing work other than fitting wooden windows frames and the validity of approved site plan had lapsed on 10-12-2022.
Now this residential plot stands transferred in name of Rahil Jain in Housing Board record. New owner Rahil Jain after getting transferred ownership rights of residential plot 637/3 with residential structure on his name has started converting residential structure into three commercial halls by removing partition walls from the June-2nd 2025 and also removing existing windows and doors and heading towards three floor commercial halls without valid permission from JMC when under Unified Building Bye-laws 2021 and JMC’s building regulations, it is mandatory to obtain permission from the Jammu Municipal Corporation (JMC) for any new construction, alteration, or modification of an existing building. This includes removing or altering existing elements of a building but sadly JMC has not done anything in this regard and owner continuously converting residential structure into commercial halls as on date.
Further JMC was duty bound to take action against owner under section 2.11 of UBBL-2021 which states that Unauthorized development under the Unified Building Bye-laws (UBBL) of 2021, or any other relevant regulations, is subject to various actions, including penalties for builders, owners, or occupants, and potentially demolition. The responsible officials may also face disciplinary measures. Furthermore, unauthorized constructions may not be eligible for business licenses or loans, and authorities must conduct regular inspections and maintain records to ensure compliance. But this open conversion from residential to commercial going on on main road of Channi Himmat, Ward-50 near Channi Himmat main cremation ground but JMC enforcement staff remains reluctant to take any action against owner.
