Owner against approved site plan constructed basement 1200 sqft and two shops on it instead of Stilt parking, Ist floor 1440 sqft and also not maintain setbacks Rear 26 ft. Side-1, 12 ft and shape of plot also changed at site as it was not as per approved drawing, constructed basement by covering hundred percent area without observing setbacks
Owner being a retiree as Superintending Engineer managed a report from private Geo-Globe Consultants Soil and Material Testing Laboratory dated 5-5-2019 that whatever minor deviations has been done on the guidance of structural Engineer citing loose soil of plot which were simple ploys to save unauthorized construction in the name of danger to building during earthquake whereas nothing of that sort has been found in nearby constructions raised strictly as per approved site plan
Owner made an appeal to High Court to withdraw appeal but Court didn’t let owner to withdraw appeal. However with a view to get a clearer picture on this aspect, Hon’ble Divisional Bench appointed Court Commissioner to submit detailed and comprehensive report extent of violations committed in regard to building permissions granted
JMC didn’t appeal against Tribunal order of compounding violations beyond 10% before High Court Jammu which makes stand of JMC in this particular case highly ambiguous as on one hand application for depositing compounding fee was not approved by Commissioner JMC and on other hand allows construction work after de-sealing of premises when case was still under trial
Such types of orders have been encouraging total lawlessness as everyone feels that they can raise any construction without permission and later on same shall be compounded. Moreover stringent view of the shortfall in duties of the Khilaf Warzi officer/Enforcement Inspector of the area concerned should also be taken who were also accountable and kept their eyes shut when construction was being raised without any sanctioned plan
