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
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- Enforcement staff allows unauthorized construction of Tin Shed on first floor of existing violated two shops of eatery point “Punjabi Brothers” Surankote Wale in Sector-3, Ward-51 on main road of Channi Himmat Housing Board colony without JMC permission covering 100% area under cover of big hoarding of Coca Cola
- JMC unmoved towards ongoing violated construction of grand hotel cum Restaurant by dismantling Banquet Hall Tripple S in Ward-40, Basant Vihar against approved site plans both stage-1st and stage-2nd covering more area and without observing mandatory setbacks without defined and designated parking against JMP-2032 and Unified Building Bye-laws 2021
- JMC Enforcement staff backed commercial construction going on at residential plot 250-C, Sector-2 and 539/4 without JMC permission, Ward-50 Channi Himmat Zonal planned colony wherein slab work will be done in couple of days despite violations already in public domain through print media and complaints on Whatsapp numbers of enforcement staff
- Jeweller Showroom Tanishq running from RS Educational Institute de-sealed within two days due to wrongdoings of both JMC & JDA after one wrongly sought CLU permission and another providing wrong CLU permission when such permission was not applicable on already constructed building in 2012
- No action by JMC when unauthorized construction of basement going on results in slab work on first floor after dismantling two existing shops at Satyam Road Extension Trikuta Nagar, Ward-52 without getting site plan approved from JMC and help of Enforcement Inspector Shiv Kumar covering under opaque sheets
- Commissioner JMC gives consent to run Jewellery showroom Tanishq in Trikuta Nagar Extension falling under Khasra No. 66 Min village Channi Himmat ,Ward-52 wherein already RS Educational Institute running with inefficient parking facility now jeweler showroom without looking into how to cater parking of both entities
- JMC master of swift post-mortem of violations without going into details of base of violations on 1-5-2024 within one hour of complaint of ongoing construction of unauthorized basement at commercial site-1 , Sector-3 on main road of Channi Himmat Housing Board colony asked owner to fill basement when construction of basement was going on from last two weeks with RCC pillars and walls which weren’t touched proving their eyewash action
- JMC openly allowing clubbing of two commercial sites 34 & 35 in Sector-2 surrounding Matador stand in Ward -50 Channi Himmat Housing Board colony covering hundred percent area against allowed 70% construction as per JMP-2032 & Unified Building Bye-laws 2021 without getting approval from JMC and NOC from Housing Board