Violated construction of ground floor completed, construction of first floor going on at 66/6 in Channi Himmat without approval of site plan from JMC, BOCA covering nearly 80% plot area without maintaining setbacks
It is surprising to note that when JMC didn’t provide any permission for residential construction how owner managed to raise ground floor without maintaining setbacks and why JMC so far JMC hasn’t served any BOCA notices to owner, why Enforcement Inspector deputed in ward-50 not taken to task for not reporting construction without JMC permission and now construction work of first floor going on swiftly
JMC should remember that J&K Development Act, 1970 vide Section 13 clearly provides that no person including the department of the govt shall undertake or carry out development of any land or building in any zone unless permission for such development has been obtained in writing from the authority in accordance with the provisions of the Act.
When the cat is away the mice must play is what prevails in functioning of JMC as until and unless social/RTI Activists highlight these violations, the enforcement staff never takes action against violators and even when these violations are brought into their kind notice ,they have been found more inclined towards violators rather than safeguarding guidelines of JMP-2032 and Unified Building Bye-laws 2021
Surprisingly JMC enforcement staff is extremely strict towards minor violations of an ordinary persons and never waste even few minutes in taking action against them to pat their back being honest to their duties but are extremely lenient towards huge violations by influential persons in society resulting in huge boom in unauthorized constructions in Housing Board Zonal planned colony Channi Himmat
GY CORRESPONDENT
jammu, nov 3
BB Sharma s/o Maya Ram r/o 585 Lakshmi Nagar, Sarwal Jammu allotted a residential plot 66/6 measuring 50×100 (5000 Sqft) in Channi Himmat Jammu without getting site plan approved from JMC started residential construction in the month of April 2023 with the help of then Enforcement Inspector in Ward 50 Jasbir Singh and constructed ground floor without maintaining any of setbacks as mandatory in case of residential construction and covered nearly 80% of plot area when he was allowed only 45 % construction as per JMP-2032 and Unified Building Bye-laws 2021.
This was authenticated by Senior Town Planner JMC while replying to an RTI application dated 27-5-2023 vide letter No. JMC/BS/RTI/91-93 dated 20-6-2023 filed in this regard by replying that no building permission has been granted in favour of BB Sharma s/o Maya Ram r/o 585 Lakshmi Nagar, Sarwal Jammu owner of 66/6 measuring 50×100 (5000 Sqft) in Channi Himmat Jammu. After gathering relevant information and after thorough investigation, this newspaper published a detailed story highlighting serious nature violations along with pictures dated 8-9-2023 on the complaints of affected locals. As a result of which JMC enforcement staff visited site and as an eyewash demolition action against owner dated 8-09-2023 and demolished small portion of a wall towards front side of building on first floor but did nothing on violated ground floor. It deserves mentioning here that affected locals approached office of this newspaper and informed that after eyewash demolition action by JMC the work has been restarted couple of days ago. When our team visited the site today 3-11-2023 in the afternoon, the claims of locals found true and the construction work of first floor was going on swift pace and there is every likelihood that in two to three days the slab work on first floor will be completed which is at par in size as violated ground floor. Worthwhile to mention here that when in this regard another RTI was filed dated 20-9-2023 seeking photocopy of BOCA notices if served to BB Sharma s/o Maya Ram r/o 585 Lakshmi Nagar, Sarwal owner of residential plot 66/6 measuring 50×100 (5000 Sqft) in Channi Himmat Jammu for raising ground floor and now first floor without getting site plan approved from JMC as at present construction work has been stopped at the site by JMC besides information whether the construction work has been stopped verbally or proper BOCA notice has been served to owner on the basis of enforcement Inspector report, if so please provide photocopies of same.
While replying to this RTI application the Secretary, JMC (PIO incharge BOCA Authority Channi Himmat area) informed that the construction work of first floor was demolished by JMC vide letter No. JMC/CEO/S/221-23 dated 21-10-2023 which was a white lie as there was no such demolition at the site and only few bricks of a wall were removed towards front side and surprisingly did nothing on ground floor which was raised in complete violation of JMP-2032 and Unified Building Bye-laws 2021 without maintaining setbacks neither from front side nor from backside and covering nearly 80% of plot area. This was aimed to extend unfair support to owner and conveniently ignored serious nature violations.
It is surprising to note that when JMC didn’t provide any permission for residential construction how owner managed to raise ground floor without maintaining setbacks and more surprising is to note that JMC so far hasn’t served any BOCA notices to owner. The J&K Development Act, 1970 provides for the constitution of development authorities for any local area as body corporate and provides for the preparation of Master Plan 2032 and Zonal Plans, the development of the area is supposed to take place in accordance with the said plans . The Act vide Section 13 clearly provides that no person including the department of the govt shall undertake or carry out development of any land or building in any zone unless permission for such development has been obtained in writing from the authority in accordance with the provisions of the Act.
But sadly JMC didn’t take serious cognizance of above mentioned provisions and allowed owner to raise violated ground floor without maintaining setbacks and site plan approval from JMC. Fully encouraged and supported by JMC enforcement staff deputed in the area in Ward 50 Channi Himmat Housing Board colony , the owner has started construction of first floor from the last week and meantime the plaster work of ground floor is going on. Secretary JMC while replying to RTI application vide her letter No. JMC/CEO/S/179-80 dated 29-8-2023 in this regard has replied that as per record of JMC ,no violation report has been submitted by concerned Enforcement Inspector in Ward-50 about construction going on at 66/6 Channi Himmat Jammu which only means that JMC enforcement has definitely helped owner by not timely reporting violative construction at the initial stage of violation and as a result of which the construction of first floor has been started from the last week.
Commissioner JMC should take serious cognizance of this as on one hand JMC claims simplifying procedure for applying building permissions and if even then the owner like BB Sharma doesn’t take permission from JMC and successfully completes ground floor without maintain setbacks and covering 80% plot area without being served BOCA notices under relevant sections of BOCA Act should hold Enforcement staff responsible for remaining silent and not reporting violations at initial stage otherwise the whole functioning of JMC would be collapsed very soon.
