Owner with support of JMC enforcement staff constructed 3 floors commercial Halls without internal partitions (Stilt +3 floors) deviating from approved stage -1st and stage 2nd residential site plan approved from JMC vide No. 1729/JMC/BS/2022 dated 20-12-2022 and 647/JMC/BS/2023-24 dated 1-7-2023 respectively, paying residential building fee but did not construct bed room, lobby, drawing room, kitchen toilets making land use change without permission of JMC & Housing Board
Owner encouraged by support of JMC field staff has also tied-up with ZOMATO offering North Indian, Biryani, Korean, Fast Food, Chinese, Pizza, Burger, Salad the details of which is available on Google if one types HIGH5 Channi Himmat Jammu and above mentioned eatable can be home delivered by Zomato by contacting on Mobile No. +919055445000 making mockery of JMC notice and Housing Board letter to owner to restore use of structure as residential
Dy Commissioner South, JMC Lal Chand incharge Channi Himmat area enforcement wing along with his subordinate officers Assistant Enforcement Officer Anil Kashyap , Enforcement Inspector Varun Kesar have badly failed to ensure constructions in Channi Himmat area as per approved site plans strictly as per direction of JMP-2032 and Unified Building Bye-laws 2021 and JMC Act 2000 and infect instead of performing their professional duties have always extended unfair support and patronage to potential violators after getting paid handsomely by violators for their unfair support.
GY CORRESPONDENT
JAMMU, april 7
One such latest incident depicting the functioning of Dy Commissioner South, JMC and his subordinates as mentioned above is evident from the running of HIGH5 ARCADE+SOFTPLAY+CAFE from the last eight months by Anirudh Gupta s/o Anil Gupta owner of residential plot 649/3 measuring 40×80 (297.44 Sqm) on main road of Channi Himmat Housing Board Colony Sector-3, Ward-50 who earlier constructed 3 floors commercial Halls without internal partitions (Stilt +3 floors) deviating from approved stage -1st and stage 2nd residential site plan approved from JMC vide No. 1729/JMC/BS/2022 dated 20-12-2022 and 647/JMC/BS/2023-24 dated 1-7-2023 respectively and accordingly paid residential building fee allowing owner to construct bed room, lobby, drawing room, kitchen toilets with stairs inside also lift provision but owner contrary to residential construction raising commercial halls without any walls partitions and also installing gate at his will not sanctioned as per approved site plan. The owner started Children Play Centre under name and Style ,HIGH5 on first and 2nd floors and a Restaurant cum Café in the third floor openly making land use change from residential to commercial ,thereby violating the terms and conditions of the lease deed with the support of enforcement staff deputed in area .
This has also been endorsed by Deputy General Manager Housing Unit-1st Channi Himmat Jammu letters to Commissioner JMC seeking action against owner as the area falls under JMC jurisdiction to take action against owner under of 649/3 JMC Act 2000 along with pictures authenticating commercial activities with running of HIGH5 Children play store on first and 2nd floor and restaurant cum canteen on third floor but Dy Commissioner South, JMC termed it spam call and didn’t respond to letters of Housing Board openly endorsing unfair patronage to owner staking his post and responsibility in JMC. As a result of which owner encouraged by support of JMC field staff has also tied-up with ZOMATO offering North Indian, Biryani, Korean, Fast Food, Chinese, Pizza, Burger, Salad the details of which is available on Google if one types HIGH5 Channi Himmat Jammu and above mentioned eatable can be home delivered by Zomato by contacting on Mobile No. +919055445000.
However as usual JMC in the present case took very delayed action against owner when the construction of three floors commercial halls on existing stilt floor residential was complete in all respects by Secretary JMC served 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, admitted 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.
Worthwhile to mention here that when a RTI application filed dated 20-3-2024 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.
In light of above , Commissioner JMC is answerable to people of Channi Himmat colony as to why letters of Housing Board were not entertained 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. It is also surprising to note that Housing Board despite admitting owner running 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 has become mute spectator after completing the formalities of dispatching similar letter to owner and JMC.
