JMC allows construction of commercial Halls on three floors at residential plot 648/3 Ward-50 Channi Himmat without maintaining setbacks covering 100% plot area against approved site plan & approving another site plan to save violated construction raised making land use change from residential to commercial

Then Enforcement Officer Anil Kashyap and Enforcement Inspector Jasbir Singh visited site but didn’t report violations after striking handsome deal with owner to extend unfair help to owner to continue commercial construction on residential plot since March 2023 onwards against approved site plan which was continued by newly posted Enforcement Inspector Ram Khajuria from July 2023
Commissioner JMC should order an enquiry into this as to how owner managed to raise commercial halls against residential approved site plan on three floors without maintaining setbacks and also when at present construction of Mumty is going on, why JMC so far hasn’t served any BOCA notice to owner
As per approved drawing of residential construction, the owner was duty bound to construct two bed rooms one on left side measuring 3×3.3 mtr and another on right side measuring 3.61×4.6 mtr and verandah measuring 1.30 mtr x3 mtr towards front side on the ground floor but owner instead constructed three big commercial halls on ground, first and 2nd floors without any demarcation now undertaking construction of Mumty on 2nd floor
Secretary JMC when questioned who is also incharge BOCA Authority , Channi Himmat area why she didn’t take any action against owner after pictures were shown to her indicating commercial halls on residential plot, she replied that Enforcement Inspector hasn’t submitted any violation report what can she do in this regard in a sense admitting that it’s not her responsibility to cross-check reports of violations by enforcement Inspector and also to check violations when complainants bring violations in her notice other than enforcement Inspector
GY CORRESPONDENT
jammu, sep 20
Notwithstanding publishing a detailed stories dated 25-5-2023 and 7-7-2023 that one Joginder Pal Gupta s/o KL Gupta owner of residential plot 648/3 measuring nearly 2997 Sqft (40+35/2×80 ft) Zonal Planned Channi Himmat Housing Colony in Ward-50 on main road that JMC’s no action at initial stage results completion of slab work of commercial hall measuring 2800 Sqft on ground floor on 24-5-2023 without any partition and nothing of any sort of residential plot neither bedroom nor any verandah but with lift provision along with stairs to reach first floor within premises towards front side and to hoodwink general public has kept one big wooden door 6 ft in width which is rarely seen and a small window towards front side with provision of bathroom on backside as is often witnessed in case of commercial construction on residential plot 648/3 Channi Himmat, Ward-50 without maintaining setbacks against approved site plan with help of then EI Jasbir Singh and now Ram Khajuria from July 2023, but JMC didn’t take any action against owner despite both then Enforcement officer Anil Kashyap and Jasbir Singh and visiting site after publishing of story as per public opinion. As a result of which first floor and 2nd floor construction completed and construction of mumty in progress and also plaster work of halls at the site as on date.
It deserves mentioning here that according to approved residential site plan vide Application No.2356/2023 which got approved from JMC vide No. 2017/JMC/BS/2022 dated 20-2-2023 , the owner was allowed ground floor 1553 Sqft, porch area 158 sqft, first and 2nd floor 1553 sqft each. The owner was mandatory to observe front 20 ft (5.98 ) , rear 6.5 Sqft, side-1, 6.5 Sqft and height of building was fixed as 11.1 mtr(36.41 ft) from the road level for three floors with open area of plot as 1286 Sqft. The owner accordingly paid Rs 20651 as building fee and no labour cess charged by JMC. As per approved drawing of residential construction, the owner was duty bound to construct two bed rooms one on left side measuring 3×3.3 mtr and another on right side measuring 3.61×4.6 mtr and verandah measuring 1.30 mtr x3 mtr towards front side on the ground floor. There was main entry in between of the verandah .The owner started construction work in the month of March 2023 starting from plinth area and contrary to approved residential plot started commercial construction by constructing big commercial hall without any demarcation for bed rooms and verandah with lift provision in place of toilet and put big entry door of wooden measuring nearly 6ft by not constructing verandah and also the owner didn’t observe mandatory setbacks and infect extended three ft gallery on ground floor besides not observing mandatory cut for ventilation neither on ground floor nor on first floor. Surprisingly then Enforcement Inspector Jasbir Singh despite visiting site didn’t report any violation after handsome settlement with owner to remain mute spectator. Worthwhile to mention here that Jasbir Singh was the authorized person to give demarcation at the time of starting construction but the same was conveniently ignored by him after getting paid by owner. With the help and support of enforcement Inspector Jasbir Singh, the slab work on ground floor completed on 24-4-2023(Wednesday) without maintaining setbacks against approved residential plan by completely changing internal and external dimensions on three floors. No action by JMC has ensured the construction of first floor on RCC pillars when JMC enforcement staff was duty bound to take action against owner when he was undertaking construction of big commercial hall on three floors on residential plot without maintaining setbacks against approved site plans. It is unfortunate to note that this construction despite eye-catching ,JMC even then allowed violated construction by making land use change.
When JMC failed to take action against owner for raising violated construction, An RTI was filed dated 18-7-2023 to provide photocopy action if taken under BOCA Act 1988 against owner Joginder Pal Gupta owner of residential plot 648/3 Channi Himmat Housing Board Zonal Planned colony as the owner is undertaking construction of commercial Halls on three floors without any partition to see this is residential construction as there are no bed rooms, Verandah, porch beyond approved site plan vide No.2017/JMC/BS/2022 dated 20-2-2023 and at present construction of mumty going on 2nd floor is going on besides providing photocopy of BOCA notices if served to owner as construction is going on without maintaining setbacks.Photocopy information was also sought whether ongoing commercial construction 648/3 Channi Himmat Housing Board Zonal Planned colony, Ward-50 is in notice of Enforcement Inspector deputed in area, If so please provide photocopy of violation reports with proper mention of number of visits along with date paid by him since 6-3-2023 besides request also made to provide information whether to pay visit at sites is the choice of Enforcement Inspector or he is duty bound to pay visit every construction site under his jurisdiction.
But JMC didn’t provide asked information within stipulated time of 30 days and the information seeker who is local of Channi Himmat area filed First appeal dated 18-8-2023. However during pendency of first appeal, Secretary JMC provided wrong information vide letter No. JMC/CEO/688-89 dated 23-8-2023 and hence counter was also filed dated 20-9-2023 but that counter was also not taken care of by JMC during First Appeal hearing on 20-9-2023. It deserves mentioning here that JMC wrongly replied that building plan has been approved in favour of owner and so far enforcement Inspector hasn’t submitted any violation report and conveniently ignoring two detailed stories along with pictures highlighting violations published in print media highlighting serious nature violations including land use change from residential to commercial. The information seeker very effectively highlighted serious violations at the site claiming that enforcement Inspector Ram Khajuria deputed in Ward deliberately shielding violative construction of owner during hearing of first appeal but Secretary JMC failed to entertain violations highlighted by information seeker when it was her duty to visit site after print media highlighted serious nature violations but was not done by her.
Worthwhile to mention here that when three floors commercial halls construction was completed without maintaining setbacks, the owner Joginder Pal Gupta s/o KL Gupta owner of residential plot 648/3 as per guidance of JMC enforcement staff got approved another site plan vide No.558/JMC/BS/2023-2024 dated 14-6-2023 which was surprising on part of JMC as JMC instead of taking action against owner for raising violated construction of land use change, approved revised site plan in favour of owner to raise his choice construction against guidelines of JMP-2032 and Unified Building Bye-laws 2021 but which suited violated construction of owner already raised in shape of three big commercial halls on residential plot. According to JMP-2032 and Unified Building Bye-laws 2021, the owner was entitled to 55% construction but the owner covered more area against allowed as per approved site plan with the help of enforcement staff deputed in Channi Himmat, Jammu .
It deserves mentioning here that at the time of starting construction demarcations shall have to be given in presence of authorized JMC officials and in case of deviation to the sanctioned plan or change of use of premises, the building permission issued shall be deemed cancelled but sadly all these guidelines were not observed by concerned JMC officials resulting in commercial construction on residential plot. Jammu Municipal Corporation has badly failed in curbing unauthorized constructions within its jurisdiction despite bringing the same before the concerned authorities well in time by locals and also by Activists besides timely informing Enforcement staff deputed in the area at the initial stage of violation but staff instead of performing their duties have only helped and supported violators by getting handsomely paid by them. Commissioner JMC should order an enquiry into this as to how owner managed to raise commercial hall on three floors without maintaining setbacks and also when at present construction of mumty on 2nd floor and plaster work of halls is going on, why JMC so far hasn’t served any BOCA notice to owner. The Enforcement Officer and Enforcement Inspector must be asked why they didn’t submit any violations report despite properly briefed by locals on their visit at site and why they declined their duty as if JMC continues to extend long rope to enforcement staff then they surely hang themselves against JMP-2032 and Unified Building Bye-laws 2021.