JMC enforcement staff despite complaints by locals that commercial construction going on residential plot allowed owner continues construction and instead of serving him BOCA notices under relevant sections supported owner to raise commercial construction on residential plot
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
Owner contrary to approved site plan just like his brother Narinder Kumar Gupta started commercial construction in the month of July 100% contrary to residential approved site plan by changing dimensions and without maintaining setbacks. The ground floor construction covering nearly 4000 Sqft raised by owner is no way residential construction and except big door towards front side, there is absolutely no partitions inside which without doubt is a commercial construction
At present construction of first floor on RCC pillars is going on immediately after completing slab work of ground floor. But so far JMC has not taken any action against owner despite knowing that both brothers are actually constructing big Hotel on residential plots without any scope for parking.
GY CORRESPONDENT
Jammu, oct 19
At a time when Jammuites are busy in Navratras celebrations to seek blessings for peace and prosperity, JMC enforcement staff sticks to unfair practice of supporting violators for making land use change from residential to commercial against spirit of JMP-2032 and Unified Building Bye-laws 2021. To put things in perspective, one Sudershan Kumar Gupta s/o Dhani Ram r/o 1809-F, Shastri Nagar Jammu was allotted residential plot 17/6 measuring 50×100 (5000 Sqft) and another residential plot allotted to Narinder Kumar Gupta s/o Sudershan Kumar Gupta r/o 1809-F, Shastri Nagar Jammu measuring 50×100 (5000 Sqft) in Ward-50 Channi Himmat Housing Board Zonal Planned colony on main road of colony in the year 1990. Pertinent to mention here that Narinder Kumar Gupta brother of Ramesh 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 owner contrary to approved residential site plan constructed ground plus two floors in equal size 3600 Sqft each floor and also covering porch area on first floor instead of terrace. The owner didn’t stop here and with help of enforcement staff managed to construct 4th floor measuring nearly 1000 Sqft in the month of June-July 2023 and openly making land use change by completely changing internal and external dimensions and raising full-fledged commercial construction more of a Hotel without observing setbacks . Surprisingly this violated construction is going on main road of colony but so far JMC didn’t serve any BOCA notices to owner when he is openly and brazenly making land use change from residential to commercial in residential area.
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 illegal 2nd floor construction 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 plus three floors without maintaining setbacks within validity of approved site plan. The strong nexus between JMC and owner was exposed in public domain when print media and locals strongly highlighted this commercial construction in residential area and despite several complaints, JMC didn’t move an inch and ignored whistle blowers serious concern and allowed owner to continue with violated construction.
As a result of which now after getting encouraged and supported by JMC, Narinder Kumar Gupta’s brother Ramesh Kumar Gupta after getting transferred residential plot 17/6 from his father Sudershan Kumar Gupta on his name on 13-7-2021 vide Housing Board order No. 147 of 2021 also applied for residential site plan from JMC and got approved site plan vide No. 720/JMC/BS/2023-24 dated 10-7-2023. According to approved site plan, the total plot area was 464.52 Sqft (5000 Sqft) . Worthwhile to mention here that the owner later also deposited payment for extra area of 33 Sqft while granting NOC but the site plan was approved for 5000 Sqft as mentioned by owner which was not cross-checked by concerned . The owner Ramesh Kumar Gupta was allowed ground floor 204. 83 Sqmtr (2205 Sqft), first and 2nd floors 180.80 Sqmtr (1947 Sqft) each with open area 259.69 Sqmtr (2795 Sqft). The owner was mandatory to observe setbacks including 7.50 mtr (25 ft) from front side, Side-1 (Right site), 3 mtr (10 ft) and towards extreme front it was 5 mtr (16 ft), Side-2nd(Left side) 2mtr (6.50 ft), rear 2 mtr (6.50 ft). Extension Foyer on ground floor is self testimony of construction being commercial as it is an entrance hall or other open area in a building used by the public, especially a hotel or theatre.
The owner contrary to approved site plan just like his brother on residential plot 18/6 started commercial construction in the month of July 100% contrary to residential approved site plan by changing dimensions and without maintaining setbacks. The ground floor construction covering nearly 4000 Sqft raised by owner is no way residential construction and except big door towards front side, there is absolutely no partitions inside which without doubt is a commercial construction. At present construction of first floor on RCC pillars is going on immediately after completing slab work of ground floor. But so far JMC has not taken any action against owner despite knowing that both brothers are actually constructing big Hotel on residential plots without any scope for parking when such a construction is strictly prohibited under JMP-2032 and Unified Building Bye-laws 2021
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 .
