JMC fails to implement its 10 days conditional de-sealing order served in favour of Rajinder Sharma owner of private land in front of Kalyan Jewellers ,Sector-3 Channi Himmat as owner hasn’t removed entry gate shutter, nor re-fixed gate,didn’t install three windows on first floor, construct partition walls of residential accommodation when he premises was de-sealed on condition to bring premises as it was earlier
JMC nearly after six months of start of conversion of residential accommodation into commercial served owner notice under section 253(1) & 258 (1) of JMC Act 2000 issued by Dy Commissioner South vide No. JMC/DC (S)/Enf/1315-18 dated 21-11-2024 for removing the partition walls of his house ground and first floor for making both halls and also removed windows on first floor and also change the land use from residential to commercial without any valid permission from JMC and also in violation of UBBL-2021 norms .
The owner didn’t appeal against sealing notice before any competent court and as guided by JMC enforcement staff submitted a presentation vide receipt dated 28-11-2024 along with affidavit duly attested by Executive Magistrate 1st class Jammu with request to de-seal the said premises pledging to bring the premises as it was in earlier within ten days from de-sealing of building and shall use premises that is first floor for residential purpose but owner didn’t abide by conditional de-sealing notice and act contrary to conditions applied in notice.
GY CORRESPONDENT
JAMMU, JAN 29
As a moral and ethical duty as a journalist to give voice to grievances of aggrieved people victims of no action by JMC authorities regarding unauthorized constructions in Channi Himmat area , Golden Yug daily English Newspaper published a story along with pictures on 19-10-2024 and 12-11-2024 besides residents of Sector-3 also filed complaint before Commissioner JMC on 18-10-2024 regarding Mr Rajinder Sharma s/o late Master Ram Rattan Sector-3 ,opposite Kalyan Jewellers on main road Channi Himmat, having existing two shops on ground floor without parking facilities within premises and remaining area as residential accommodation with proper iron entry gate measuring nearly 10ft and residential accommodation on first floor also measuring nearly 2500 Sqft on private land falling under Khasra No. 427 Min, Sector-3 Wartd-51 Channi Himmat Housing Board Colony on main road of Railway track from May-June 2024 onwards started converting first floor residential house where owner residing into commercial one by removing three windows and ventilators towards front side and also walls of residential accommodation on existing shops towards backside besides also removing windows and doors on first floor residential towards right side of premises towards cosmetic shop under name and style RN Traders having no parking facility in front of Kalyan Jewellers with the help of enforcement staff deputed in the area without prior valid permission from JMC and made land use change without permission from JDA but JMC didn’t take any action against owner particularly enforcement staff deputed in Channi Himmat area from time to time when violated construction going on including modification/altercation. It is pertinent to mention here it was talk of town that national level beauty salon will be functional as soon altercation is completed.
It deserves mentioning here that JMC under public pressure when violated construction after making land use change nearly after six months from start of converting residential accommodation into commercial served owner notice under section 253(1) & 258 (1) of JMC Act 2000 issued by Dy Commissioner South vide No. JMC/DC (S)/Enf/1315-18 dated 21-11-2024 for removing the partition walls of his house ground and first floor for making both halls and also removed windows on first floor and also change the land use from residential to commercial without any valid permission from JMC and also in violation of UBBL-2021 norms .
The notice further said that owner made land use change of said premises from residential to commercial without any valid permission from JMC whereas the said illegal construction seriously affects the planned development of Jammu city and contravenes the zoning regulation and thereafter the building was sealed by JMC Commissioner vide sealing notice No. JMC/Enf/2708-12 dated 23-11-2024.
The owner didn’t appeal against sealing notice before any competent court and as guided by JMC enforcement staff submitted a presentation vide receipt dated 28-11-2024 along with affidavit duly attested by Executive Magistrate 1st class Jammu with request to de-seal the said premises. As per the presentation submitted by owner, he pledged to bring the premises as it was in earlier within ten days from de-sealing of building and shall use premises that is first floor for residential purpose. The presentation further claims that there are shops/iron rolling shutters are shown but not in use neither for residential nor for commercial purposes. The owner assured that he will not carry any commercial activity without permission (NOCs) from competent authority and also owner will remove the gate (entrance) and the iron rolling shutter. The owner also will remove the said shutter and refix it again as it was earlier.
On the basis of presentation made by owner as mentioned above, JMC authority ordered conditional de-sealing of premises of Rajinder Sharma vide Commissioner JMC vide No. JMC/Enf/5195-98 dated 18-1-2025 on the condition that the owner shall use the premises for residential purpose only and that owner shall not carry out any commercial activity without permission from JMC in the shops with roller shutters ,presently not in any use. The owner was also asked to remove shutter fixed entrance and that he will refix gate as it was earlier.
Worthwhile to mention here that JMC after conditional de-sealing of premises didn’t take follow up that whether the owner fulfilling conditions on the basis of which premises were de-sealed. As a result of which the owner on ground floor didn’t remove entrance gate shutter where he was supposed to fix entry gate as it was earlier fixed but as an eyewash endeavor put iron gate without fixing it and also raising pillars moving ahead from previous position of gate fixing wherein behind shutter from main road is quite visible. Moreover earlier on first floor there were three windows having decent size along with ventilators now owner as an eyewash effort has kept only two windows without ventilators with considerable reduced size. The owner also didn’t construct partition walls on ground floor which were removed by owner to ensure commercial hall from residential premises.
Worthwhile to mention here that the owner was given ten days time to bring the premises in same position as it was earlier but now ten days period has already lapsed but so far the conditions on the basis of which premises was de-sealed haven’t been fulfilled and infect the owner is not fulfilling conditions of de-sealing order. In light of this Commissioner JMC should ensure that de-sealing order in no case be misused by owner and that he brings back his premises in a position what was earlier that is residential ground floor with two shops and first floor completely residential failing which no violators will take JMC’s notices seriously and which in turn result in boom in unauthorized constructions making land use change openly against JMP-2032 and Unified Building Bye-laws 2021.
