JMC enforcement staff despite complaints by locals and also knowing well that validity of site plan has lapsed allowed owner continue construction and instead of serving him BOCA notices under relevant sections supported owner to raise commercial construction on residential plot
Owner didn’t construct Porch where it was permitted and infect constructed it as per his personal choice towards front side bringing porch ,verandah, dressing room in a straight line which is against JMP-2032, Unified Building Bye-laws 2021
Commercial constructions on residential plot has badly affected ventilation and sunlight of neighbors who now strongly regretting buying a residential plot in the area where there is no rule book anyone can raise choice construction with help of JMC enforcement staff
According to approved site plan, owner was allowed 6195 Sqft construction area for three floors including ground floor 2249 Sqft including porch area 147 Sqft, first and 2nd floor 1973 Sqft each but owner constructed two floors in equal size 3600 Sqft each floor and also covering porch area on first floor instead of terrace and construction work of 2nd floor on RCC Pillars is going on in equal size as ground and first floor
Owner was duty bound to get afresh permission from JMC after expiry of validity of site plan on 19-6-2023 but didn’t do that and raised construction of 2nd floor which as per Unified Building Bye-laws 2021 is illegal construction but enforcement staff didn’t report it which has caused serious loss to JMC exchequer what to think of serving any BOCA notices
GY CORRESPONDENT
jammu, jun 20
One Narinder Kumar Gupta s/o Sudershan Kumar Gupta owner of residential plot 18/6 measuring 50×100 (5000Sqft) on main road having approach to Sector-1 and Sector-6 in Channi Himmat Housing colony got approved residential site plan from JMC Vide No. 56/JMC/BS/2020 dated 20-6-2020 which was valid for three years. According to approved site plan, the owner was allowed ground floor 2102 Sqft, Porch 147 Sqft , first and 2nd floors 1973 Sqft each with open area 2751 Sqft. The owner was mandatory to observe setbacks including front-20 ft,side-1 , 10 ft (right side), side-II , 6.5 ft(left side) rear side 10 ft. The height of building fixed at 33 ft from front road side level. The owner accordingly paid Rs 74340 as labour cess and building fee Rs 14639 for the permitted construction area. As per approved drawing of residential site plan, the owner was permitted bed room, drawing room, front side verandah left side toilet attached with bed room and dressing room on ground floor. Surprisingly the owner was allowed Porch back of the drawing room touching lobby and the owner didn’t construct Porch where it was permitted and infect constructed it towards front side in a straight line porch ,verandah, dressing room as per his personal choice and also covering porch area on first floor where he was supposed to construct terrace.
It deserves mentioning here that the owner getting site plan approved on 20-6-2020 did not start construction work immediately and after waiting for years together and just two months before expiry of validity of approved site plan started construction in the month of April 2023 when the approved site plan validity was about to expire on 19-6-2023. The owner was duty bound to get fresh permission from JMC to raise 2nd floor construction whose construction at present is going on after ending of validity of approved site plan on 19-6-2023 and whatsoever construction is taken by owner after lapse of site plan will be considered illegal according to Unified Building Bye-laws 2021. The owner contrary to approved residential site plan raised violated commercial construction of ground floor and first floor without maintaining setbacks within validity of approved site plan.
Locals in their complaints have maintained that the owner is undertaking construction of huge hotel in residential area. Notwithstanding frequent complaints against owner for raising commercial constructions in residential area, JMC enforcement staff didn’t take any cognizance and didn’t report any violation report to concerned higher authority when the owner openly and brazenly changed internal and external dimensions without JMC permission. It deserves mentioning here that at present the owner couple of days back completed slab work of first floor and at the same time raising RCC pillars for 2nd floor when the validity of approved site plan is already over and the owner has not got approved fresh site plan by submitting fresh building fee from JMC. The owner has covered more area against permitted area without maintaining setbacks. According to approved site plan, the owner was allowed 6195 Sqft construction area three floors including ground floor 2249 Sqft including porch area 147 Sqft, first and 2nd floor 1973 Sqft each which makes it total 6195 Sqft but owner constructed two floors in equal size 3600 Sqft each and the illegal construction work of 2nd floor on RCC Pillars is going on as on date when the validity of approved site plan stands lapsed on 19-6-2023 and the owner has not renewed fresh site plan approval from JMC.
Worthwhile to mention here that, locals in the area strongly protested commercial construction in residential area ,JMC enforcement staff didn’t pay any heed to complaints and extended full support to owner to continue violated construction despite knowing that validity of site plan has lapsed and that owner has not sought fresh permission from JMC. The present violations deserved to be served BOCA notices but ignored from initial stage of violation. One thing is sure that J&K Govt is totally non-serious in implementing JMP-2032 in letter and spirit live example of which is quite visible in Channi Himmat Govt Housing Colony where hundreds of unauthorized structures have been raised with the support and encouragement of JMC enforcement staff which has always been hand in glove with violators resulting in huge commercial constructions on residential plots much to the despair and agony of locals now strongly regretting buying a residential plot in the area. instances of open violations of approved site plans have been brought from time to time in Several kind notice of JMC authorities and that too from initial stage of violations but JMC enforcement staff rather than reporting violations to their higher authorities have managed violations at their own by embracing violators at the cost of serious damage to JMP-2032 and huge loss to Govt exchequer besides resulting in unplanned development in area .
