The building had been earlier sealed by JMC for violation of the status-quo order of J&K Special Tribunal.
In a communication addressed to the Station House Officer (SHO), Police Station, Nowabad, Jammu, JMC has stated that the building was sealed following the issuance of an order by the J&K Special Tribunal on October 29, 2021 under section 8(1) of J&K Control of Building Operations Act, 1988. “Accordingly the premises were sealed on 30.10.2021 and the property was kept under the custody of local Police,” the communication said.
Elaborating further, the JMC communication said that the building plan of the said building was approved in the name of Shivani Jamwal W/o Sahil Mahajan, Vipen Kumar Mahajan S/o Khem Raj Mahajan and Sahil Mahajan S/o Vipen Kumar Mahajan at Ward No:30, Nowabad, Talab Tillo Main Road, Jammu raised two commercial buildings vide no. 541/BS/2018 dated 15.12.2018 and 463/JMC/BS/2019 dated 23.10.2019.Thereafter the owner committed the violations against the approved building plan.
It said against the said violations, a Khilafwarzi case was registered by JMC vide no. MJ/CEO/120/1/2019 dated 14.03.2020, vide no. MJ/CEO/120/2/2019 dated 14.03.2020, and the demolition order was also passed vide no. MJ/CEO/31/3/2019 dated 18.03.2020. The defaulter filed an appeal before the J&K Special Tribunal Jammu.
On 22.07.2020, reported by the area concern Inspector that in light of the red/containment zone by the District Administration Jammu, the above said persons/defaulters have started the furnishing work to complete the building in order to put the same for commercial use in cross violation of the status-quo order granted by the J&K Special Tribunal Jammu.
“While notice under Section 8(1) of J&K Control of Building Operations Act, 1988 was issued vide no. JMC/CEO/435-40 dated: 22.07.2020, but on 23.07.2020, it was reported by the Khilafwarzi Officer I/c of the area that ShivaniJamwal W/o SahilMahajan, Vipen Kumar Mahajan S/o Khem Raj Mahajan and SahilMahajan S/o Vipen Kumar Mahajan have broken the seal,” it said adding that an order vide no. STJ/III/F-103/2020 dated: 24/07/2020 was passed by J&K Special Tribunal Jammu directing the parties to maintain status quo on spot with respect to demolition notice” the JMC stated.
Whereas the 1st Civil Subordinate Judge, Jammu vide order dated 27/07/2020 under CNR No.: JKJM020028032020 Case No. 10219/2020 (1A/1/2020) directed to maintain status quo, qua the suit property as it existed on date, High Court of J&K at Jammu passed an order dated 21/08/2020 under CR No. 51/2020, CM No. 4322/2020, CM No. 4324/2020, and Cav. No. 1418/2020 and ordered that ‘the impugned order passed by the trial court shall not impact the proceedings before the tribunal in any manner and this petition is disposed of leaving it open to the petitioners to appear before the trial court and take remedial measures against the impugned order as may be permissible in law.”
However the owners have violated the Status quo order of the Special Tribunal, J&K and started commercial activity. The owners broke open the seal of the property against the order of Jammu Municipal Corporation.
“As such you are requested to conduct enquiry & register an FIR against the culprits for tempering/ breaking the seal of premises/ property in question which was sealed by Jammu Municipal Corporation,” reads the letter.
Jammu Municipal Corporation urged people to seek prior permission before starting construction and construction should be done at par with the approval.
JMC informed that the procedure to get building permission has been simplified so that people cannot face any proble in getting permission.
JMC also appealed to people to adhere to nor and stern action will be taken against those who are found involved in violating building permission nor.
