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| HC directives on conversion of residential houses to commercial | | | Early Times Report
Jammu, Feb 27 : A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today issued directives on the conversion of residential houses into commercial properties.
The directives came in a bunch of appeals seeking direction to Jammu Municipal Corporation, Jammu Development Authority, Housing Board, Electricity Department and Town and Country Planning Department to conduct a survey and serve notices on all those who have converted their residential houses into commercial properties to stop this misuse and take steps with a view to resume property in terms of conditions on which allotment of plots are made with a further direction to the electricity department to examine the nature of connection granted to all these 'violators'. If power connection is granted for residential purpose and the building is being used for commercial purpose, commercial rate needs to be charged. JMC, JDA and Housing Board would constitute a special complaint cell and whenever any complaint was received by any of them from any person indicating the breach of any type, it would be examined and reply be given to the person concerned within 15 days from the date of receipt of the complaint.
The bench, after hearing the two sides, observed that the apprehension expressed by the counsels could not be accepted as the single judge, by relying on a Supreme Court judgment, found that there were violation of use of the buildings constructed for residential houses. The single judge had directed the authorities concerned to conduct a survey and find out who were the persons, who had converted residential houses into commercial buildings and those, who were found to have done so, were required to be issued notices.
The bench disposed of all the LPAs with modification and observations that the single judge also issued directions to constitute a special complaint cell. "These directions are required for the proper development of municipal limits. Hence we uphold the said directions," the bench said, making it clear that while implementing these directions no building be sealed or electricity disconnected except by conducting survey and ascertaining the nature of conversion of building and only after issuing notice and calling for objections and after considering objections, the final action be taken. |
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