Owner after constructing new stilt floor residential got approved stage-2nd residential site plan vide No. 647/JMC/BS/2023-24 dated 1-7-2023 getting permission to construction of three more floors residential on existing new stilt floor residential allowing to construct bed room, lobby, drawing room, kitchen toilets with stairs inside but owner instead of raising residential construction raised full-fledged commercial halls by deviating from sanctioned residential site plan
Then Secretary JMC served owner eyewash notice to owner when the construction of three floors commercial on existing stilt floor residential was complete in all respects but surprisingly didn’t mention the section under which notice served to owner without mentioning whether under BOCA Act 1988 or JMC Act 2000 and whether against JMP-2032 or Unified Building Bye-laws 2021 claiming that a complaint was received regarding illegal construction going on at residential plot 649/3 but didn’t take any follow-up action against owner
GY CORRESPONDENT
JAMMU, MAR 28
JMC enforcement staff has badly failed to perform its professional duties of ensuring every construction in Municipal areas strictly as per approved site plans but sorry to say instead of doing so they more often support violators and in most of the cases don’t report violations timely at initial stage and take eyewash action when whistle blowers or print media highlights the same. Here also they don’t perform their duties professionally and make every effort to secure violative structure at cost of JMP-2032 and UBBL-2021.
One such incidence has been witnessed in case of Anirudh Gupta s/o Anil Gupta purchased a residential plot 649/3 measuring 40×80 (297.44 Sqm) on main road of Channi Himmat Housing Board Colony costing worth crores. Accordingly the owner got approved stage -1st residential site plan approved from JMC vide No. 1729/JMC/BS/2022 dated 20-12-2022 getting permission for new stilt floor residential measuring 163.53 sqm with setbacks including front 5.35 mtr,rear-3 mtr, side-2nd-2 mtr with open area 133.91 sqm and accordingly paid residential building fee.
The owner after constructing new stilt floor residential got approved stage-2nd residential site plan vide No. 647/JMC/BS/2023-24 dated 1-7-2023 getting permission to construction of three more floors residential on existing new stilt floor residential allowing to construct bed room, lobby, drawing room, kitchen toilets with stairs inside. The owner with the help of enforcement staff deputed in Channim Himmat area from time to time in Ward-50 extended unfair support to owner to raise three commercial halls instead of residential construction at par with existing new stilt floor residential without any internal walls partition. The locals already facing traffic congestion in the area strongly resented commercial construction and brought the same into kind notice of JMC higher authorities but sadly JMC field staff didn’t do anything in this regard particularly enforcement staff who was duty bound to take action against owner when owner deviated from sanctioned plan and raised commercial construction on residential plot that too after getting approved both stage-1st and stage-2nd approved from JMC as residential and the sanctioned plan was deemed to be cancelled but serious nature violation of land use change was completely ignored by concerned enforcement staff.
However as usual JMC in the present case took very delayed action against owner when the construction of three floors commercial on existing stilt floor residential was complete in all respects by Secretary JMC to owner Anirudh Gupta notice vide No. JMC/CEO/1450-52 dated 28-2-2024 but surprisingly didn’t mention the section under which notice served to owner without mentioning whether under BOCA Act 1988 or JMC Act 2000 and whether against JMP-2032 or Unified Building Bye-laws 2021. Anyway as per notice by Secretary JMC, it was claimed that a complaint was received regarding illegal construction going on at residential plot 649/3 and accordingly the concerned enforcement Inspector visited the spot along with Surveyor and reported that the owner has not done construction as per layout plan submitted with approved building permission. The notice further asked owner to construct partition walls within five days from the date of serving of notice failing which action as warranted under law will be taken against owner. This notice proved mere eyewash as nothing was done against owner after five days when the owner didn’t raise partition walls and continued remaining work of commercial halls and later very easily managed commercial power connection installing big size transformer on road on his residential plot and after getting residential site plan approved from JMC.
The owner fully supported by JMC enforcement staff and even JMC higher authorities stated commercial activity by way of opening of children play centre in both first and 2nd floors and a restaurant cum canteen in the third floor resulting in land use from residential to commercial thereby violating terms and conditions of lease deeds. Inspite of all this JMC which was duty bound to take action against owner didn’t initiate any action against owner. However J&K Housing Board, Housing Unit- Channi Himmat Manager served the owner notice vide No. HSU/CH/29-30 dated 19-4-2024 highlighting the land use change from residential to commercial and running commercial activity as mentioned above and thereby serving three days ultimatum to owner to restore back land use from commercial to residential failing which action as warranted under rules will be initiated against owner. The JMC authorities also endorsed to JMC Commissioner seeking strict action against owner for running commercial activity from residential plot and thus commercializing land use from residential to commercial. But JMC didn’t take any cognizance of this notice and allowed owner to run commercial activities from residential plot.
Worthwhile to mention here that Deputy General Manager, (XEN) Housing Unit -2nd Channi Himmat served another notice to owner vide No. HU-1/CH/124-127 dated 1-5-2024 claiming that owner didn’t reply to earlier notice and this time owner was granted seven days time to reply to this notice failing which action as warranted under law will be taken against owner. The owner also didn’t reply to this notice. Meantime Deputy General Manager , Housing Unit-1st Channi Himmat this time wrote to Managing Director, J&K Housing Board vide No. HU-1/CH/210-12 dated 15-5-2024 highlighting points as mentioned in earlier notices with photographs of ongoing commercial activities by way of opening of children play centre in both first and 2nd floors and a restaurant cum canteen in the third floor recommending strict action against owner for violation of lease deed and recommending early action to stop further commercialization of Channi Himmat colony and also to serve message to other alottees to refrain from violations of lease deeds. The copy of this letter to MD Housing Board was also endorsed to Commissioner JMC for action against owner for running commercial activities from residential plot. JMC yet again threw this letter into dustbin without least bothering about violations of lease deeds of Housing Board speaks volumes of JMC unfair patronage to owner.
Worthwhile to mention here that when a RTI application filed dated 26-3-2024 seeking information whether JMC has permitted owner to run by way of opening of children play centre in both first and 2nd floors, the concerned Enforcement Officer Anil Kashyap vide No. JMC/Enf/60-62 dated 28-5-2024 replied that the notice was served to owner to direct him to raising the partition walls and at present file is under process lying in building section for comments. It is surprising to note what stopped JMC enforcement staff to take action against owner when he didn’t raise partition walls and contrary to it started children play centre in both first and 2nd floors and restaurant/canteen on third floor against JMP-2032 and Unified Building Bye-laws 2021 and JMC Act 2000.
Not only Enforcement Officer Anil Kashyap is at fault in present case but equally Dy Commissioner South is also at fault who is incharge of enforcement wing in Channi Himmat area which neither took action as incharge of enforcement wing but also didn’t take any action after number of letters by Housing Board seeking action against owner for violating lease deeds and openly making land use change from residential to commercial after joining hands with owner against their professional duties of taking action against owner for making land use change firstly raising commercial construction on residential plot and later allowing commercial activities despite owner violated lease deed agreement as highlighted by Housing Board in its letters to Commissioner JMC but sadly none of the concerned officers/officials in JMC took any action against owner. In light of above , Commissioner JMC should take serious cognizance of letters of Housing Board seeking action to stop further commercialization of Channi Himmat colony and also to serve message to other alottees to refrain from violations of lease deeds and also the aspirations of locals who have been the victims of large number of commercial activities being run from residential plots and residential premises without public parking within their premises causing huge traffic jams and traffic congestion.
