Despite First Appellant Authority direction dated 17-10-2024 to Enforcement Officer to provide with whose permission unauthorized 3rd floor constructed at residential house 600/3, Enforcement Officer wrongly replied that partially matter pertains to Building Section and action already initiated to remove tin shed vide letter No. JMC/Enf/290-91 dated 9-11-2024 but Enforcement Officer practically didn’t take any action despite Commissioner JMC directed Enforcement Officer to remove tin shed
Owner has also put sign Board of credible classes which reads Root Tuition Centre for strong foundation for classes 10th to 12th on the main wall facing 60 ft main road of Channi Himmat colony the plot adjoining to 600/3 which is against JMC advertising policy which strongly prohibits installing advertising sign Boards in residential area. But JMC didn’t take any action by enforcement staff who didn’t report violations against owner despite print media published a detailed story highlighting violations and pictures indicating construction of 4th floor twice
GY CORRESPONDENT
JAMMU, JAN 31
Jammu Municipal Corporation has become unfair money minting machine as well as facilitator to unauthorized constructions in Housing Board Zonal Planned colony Channi Himmat.One Amit Sharma owner of residential plot 600/3 measuring 30×55 sqft Channi Himmat Housing Board Colony raised violated structure and constructed ground plus two floors when he was allowed only two floors as per then Jammu Master Plan 2021 that too covering hundred percent plot area without maintaining setbacks. The owner then started running coaching centre under name and style Credible Institute of Learning, foundation NEET, JE 9th class to 12th class on three floors charging hefty fee in lacs without any parking facility and covering narrow internal road causing serious nature traffic nuisance. But JMC didn’t take any action against owner neither while raising unauthorized construction nor when owner started coaching classes from residential house.
It deserves mentioning here that running private coaching/tuition classes from residential house is violation of lease conditions of J&K Housing Board by making land use change from residential to commercial. Further both Housing Board and JMC in the year Jan 2022 have served owner notice over violation of lease deed by running coaching/tuition classes from residential house without parking facilities and thus covering road as students park their vehicles on road.
Surprisingly the owner of 600/3 while replying to this notice by Housing Board over sheer breach of agreement lease deed made a bizarre claim that he and his wife run Cafereria at Bahu Plaza for the sake of their livelihood and in the evening he and his wife offer tuition to unprivileged students and don’t charge them and that he is not running any coaching centre and so is not running any commercial activity from his residential house. However the reality is , the owner being a Chemistry teacher running full-fledged institute under name and style Credible Institute of Learning, foundation NEET, JE 9th class to 12th in Channi Himmat area charging hefty fee in lacs.
JMC enforcement staff well known for facilitating unauthorized constructions for fulfillment of vested interests instead of taking action against owner after both Housing Board and JMC served notices to owner infect supported owner to raise another unauthorized 3rd floor in the month of May-June 2024 measuring nearly 1300 Sqft at par with existing three floors size with brick walls but for the time being put tin shed with windows and ventilators towards front and backside without JMC permission which is not at all permitted as per JMP-2032 and Unified Building Bye-laws 2021.
When JMC didn’t take any action against JMC, An RTI was filed dated 2-8-2024 seeking information whether JMC has permitted owner Amit Kumar owner of residential plot 600/3 Channi Himmat Jammu for raising prohibited 3rd floor on existing two floors already running Credible Tuition classes with sign Board of Root franchise on 4th floor, The concerned Enforcement Officer Anil Kashyap replied vide letter No. JMC/Enf/217-20 dated 11-9-2024 that 3rd floor is temporary tin shed was made for which no action was taken at that time. However during hearing of First dated 17-10-2024 directed Enforcement Officer to provide complete information as desired in RTI application to which Enforcement Officer replied that partially matter pertains to Building Section and action already initiated to remove tin shed vide letter No. JMC/Enf/290-91 dated 9-11-2024 but Enforcement Officer practically didn’t take any action despite Commissioner JMC directed Enforcement Officer to remove tin shed.
Worthwhile to mention here that when construction of unauthorized 3rd floor was strongly resented by aggrieved locals, Dy General Manager, Housing Unit-Ist wrote a letter to owner Amit Sharma vide No. HU/1/CH/874-78 dated 24-9-2024 claiming that Senior Manager Housing Board Channi Himmat vide his letter No. HSU/CH/464 dated 19-9-2024 had reported that you are indulging in commercial activity and have changed the land use of plot from residential to commercial by way of opening a credible institute on the third floor of the building constructed in residential plot 600/3, Housing Colony Channi Himmat Jammu. As per letter, the owner was granted seven days time from the date of issue of this letter to restore the land use of plot as residential failing which action as warranted under rules shall be initiated against owner. The copy of this letter was also endorsed to Commissioner JMC for necessary action in this regard.
It deserves mentioning here that , the owner didn’t abide by seven days warning letter to restore plot use as residential. As a result of which Dy General Manager, Housing Unit-1st served another warning letter to owner vide No.HU/1/CH/1749-51 dated 22-1-2025 claiming that owner didn’t reply to earlier letter served to him and that alteration in land use constitutes a major violation in terms and conditions specified in the lease deed governing the use of residential plot. As per letter the owner was finally directed to restore the land use of plot to its original purpose residential within 15 days from the date of issue of this notice failing which the case shall be referred to higher authorities for taking appropriate action which includes cancellation of allotment/lease deed. The copy of this letter was also endorsed to Commissioner JMC for necessary action in this regard but no action taken against owner by concerned Enforcement Staff led by Anil Kashyap incharge Channi Himmat area as on date as a result of which unauthorized 3rd floor is still intact at the site and coaching/tuition classes are continuously being run from residential house.
The owner has also put sign Board of credible classes which reads Root Tuition Centre for strong foundation for classes 10th to 12th on the main wall facing 60 ft main road of Channi Himmat colony the plot adjoining to 600/3 which is against JMC advertising policy which strongly prohibits installing advertising sign Boards in residential area. But JMC didn’t take any action by enforcement staff who didn’t report violations against owner despite print media published a detailed story highlighting violations and pictures indicating construction of 4th floor twice.
In light of above, Commissioner JMC should spare some time from his other engagements by taking care of unauthorized constructions going on in Channi Himmat area and must direct concerned enforcement staff to mend their ways of supporting violators rather than performing their duty of reporting violated constructions properly and timely with sincerity and dedication failing which it will result commercialization of residential Housing Board colony Channi Himmat into full-fledged commercial hub in near future.
