Owner didn’t observe mandatory setbacks including front-21.6 ft, Side-1, 10ft, Side-2nd , 6.6 ft, Rear- 10 ft, height of building 33.5 Sqft by covering setbacks area to manage more coverage against permitted construction as per approved site plan
Owner even constructed two stairs on either side of plot which were mandatorily to be left as per JMP-2032 and Unified Building Bye-laws 2021 and also covered nearly 65% plot area on three floors. When all this was going on, JMC didn’t take any action against owner
Moreover NOCs obtained by owner from different departments were conditional, for example Town Planner Organization granted NOC on condition that proposed construction conforms with JMP-2032 and also subject to clearance from Housing Board regarding status of strip in front of plot but JMC approved site plan without any clarification from Housing Board
JMC enforcement staff standing rock solid with owner and despite visible violations of land use change from residential to commercial, they have deliberately shut their eyes and ears may be after striking handsome deal with owner for getting their unfair patronage at the cost of JMP-2032 and Unified Building Bye-laws 2021
GY CORRESPONDENT
jammu, oct 6
Notwithstanding Social/RTI Activists and Print Media have echoed their deep concerns over the illegal constructions occurring in Municipal areas, Commissioner JMC, Mayor and other concerned are delivering lectures on the topic “Brastachar Mukt Bharat” but these lectures are mere hollow and eyewash as those at the helm of affairs are allegedly involved in this mismanagement and corruption. Commissioner JMC only issue notices to eyewash the high-up’s and do not take action against violators. If the action is taken on information provided by media personals, then what is duty of JMC officials? The live example of this is one Ritu Gupta wife of Mahavir Gupta r/o Talab Tillo, 353 Vikas Lane Jammu purchased residential house having ground floor and first floor of residential corner plot 62 B/B Gandhi Nagar Jammu in Ward-21` measuring 10 Marlas (2700 Sqft) from Ravi Kumar Gupta s/o Chuni Lal Gupta r/o Talab Tillo costing worth crores and accordingly same got registered in her name in Court of law on 21-10-2019. Similarly Ritu Gupta purchased another portion of residential house having single story of residential plot 62 B/B Gandhi Nagar Jammu measuring 9.12 Marlas (2600 Sqft) from Pankaj Jain s/o Muni Lal Jain and same got registered in the name of Ritu Gupta and Ravi Kumar Gupta dated 23-1-2016 in the court of law. However owner purchasing two portions of residential house separately but applied for approval of site plan by clubbing both the portions and also by clubbing both portions the area as per sale deed was 5300 Sqft but as per approved site plan the area of residential house shown as 5400 Sqft. Surprisingly Ritu Gupta while applying for approval of site plan didn’t mention name of Ravi Kumar Gupta who was also co-owner of 2nd portion of residential house purchased by Ritu Gupta in the year 2016. Accordingly JMC passed site plan vide No. 701/JMC/BS/2021 dated 24-8-2021. According to approved site plan, the owner was allowed ground floor 2247.75 Sqft, Porch-180 Sqft, first and 2nd floors 2247.75 Sqft each, coverage area kept 44.95%. The owner was mandatory to observe front-21.6 ft, Side-1, 10ft, Side-2nd , 6.6 ft, Rear- 10 ft, height of building was fixed as 33.5 Sqft and accordingly owner deposited building Rs 16276 for permitted area. However owner with help of enforcement staff deputed in area started commercial construction on residential plot by not observing mandatory setbacks and at present completed three floors violated construction neither from front side nor from backside and extending galleries also besides stairs from backside . The owner even constructed two stairs on either side of plot which were mandatorily to be left as per JMP-2032 and Unified Building Bye-laws 2021 and also covered nearly 65% plot area on three floors. When all this was going on, JMC didn’t take any action against owner. It deserves mentioning here that JMC under public pressure served owner an eyewash BOCA notice under section 7(3) and minor demolition was done in case of extended gallery but violated building remained intact. Moreover NOCs obtained by owner from different departments were conditional, for example Town Planner Organization granted NOC on the condition that proposed construction conforms with JMP-2032 and also subject to clearance from Housing Board regarding status of strip in front of plot and also exiting building to be demolished as proposed by owner. But site plan approved without strip clearance from Housing Board. By visiting site, it is ample clear that owner has constructed ground floor commercial hall as right now three steps iron sheets gate have been installed on ground floor which later on will take shape of big iron shutters. Moreover first and 2nd floors from no angle seem residential construction as both floors have stairs outside which are rarely done in residential multi story houses. Now finishing work is going on but JMC still in no mood to take action against owner what to think of serving any BOCA notices and taking follow-up action after serving BOCA notice to owner under Section 7(3). In light of above one thing is sure that JMC enforcement staff standing rock solid with owner and despite visible violations of land use change from residential to commercial, they have deliberately shut their eyes and ears may be after striking handsome deal with owner for getting their unfair patronage at the cost of JMP-2032 and Unified Building Bye-laws 2021. JMC Commissioner now should come out of office as now there is not that much heat outside and should personally visit those sites where violations are being highlighted by Print Media and should fix responsibility lest JMP-2032 should fail also and no future Master plan will be able to bear this huge unauthorized constructions going on within Municipal areas.
