Then Enforcement staff visited site but didn’t report violations after striking handsome deal with owner to extend unfair help to owner to continue commercial construction on residential plot since March 2023 onwards against approved site plan and even revised plan
Commissioner JMC should order an enquiry into this as to how owner managed to raise commercial halls against residential approved site plan on three floors without maintaining setbacks, why JMC so far hasn’t served any BOCA notice to owner
As per approved drawing of residential construction in Feb 2023, the owner was duty bound to construct two bed rooms one on left side measuring 3×3.3 mtr and another on right side measuring 3.61×4.6 mtr and verandah measuring 1.30 mtr x3 mtr towards front side on the ground floor but owner instead constructed three big commercial halls on ground, first and 2nd floors without any demarcation now heading towards finishing level
According to revised site plan in June 2023, the owner was allowed ground floor residential as 153.15 Sqm, new floor-1 residential as 8.81 Sqm, new floor-2 residential as 8.81 sqm as already as per approved site plan, the owner was granted 144.34 Sqm. Further the size of setbacks was also reduced drastically as front side 5.24 mtr, rear- 2 mtr, side-1 2.13 mtr and height of building as 11 mtr from front side road level and accordingly the owner deposited Rs 568 as building fee. However despite revised site plan, the owner again strict to commercial construction without any partition and infect full-fledged commercial halls on three floors
Secretary JMC when questioned who is also incharge BOCA Authority , Channi Himmat area why she didn’t take any action against owner after pictures were shown to her indicating commercial halls on residential plot, she replied dated 21-10-2023 that Enforcement Inspector hasn’t submitted any violation report what can she do in this regard in a sense admitting that it’s not her responsibility to cross-check reports of violations by enforcement Inspector and also to check violations when complainants bring violations in her notice other than enforcement Inspector
GY CORRESPONDENT
jammu, nov 13
One Joginder Pal Gupta s/o KL Gupta owner of residential plot 648/3 measuring nearly 2997 Sqft (40+35/2×80 ft) Zonal Planned Channi Himmat Housing Colony in Ward-50 on main road got approved residential site plan vide Application No. JMC/2021/11 dated 23-12-2023 which got approved from JMC vide No. 2017/JMC/BS/2022 dated 20-2-2023 , the owner was allowed ground floor 1553 Sqft, porch area 158 sqft, first and 2nd floor 1553 sqft each. The owner was mandatory to observe front 20 ft (5.98 ) , rear 6.5 Sqft, side-1, 6.5 Sqft and height of building was fixed as 11.1 mtr(36.41 ft) from the road level for three floors with open area of plot as 1286 Sqft. The owner accordingly paid Rs 20651 as building fee and no labour cess charged by JMC. As per approved drawing of residential construction, the owner was duty bound to construct two bed rooms one on left side measuring 3×3.3 mtr and another on right side measuring 3.61×4.6 mtr and verandah measuring 1.30 mtr x3 mtr towards front side on the ground floor. There was main entry in between of the verandah .The owner started construction work in the month of March 2023 starting from plinth area and contrary to approved residential plot started commercial construction by constructing big commercial hall without any demarcation for bed rooms and verandah with lift provision in place of toilet and put big entry door of wooden measuring nearly 6ft by not constructing verandah and porch and also the owner didn’t observe mandatory setbacks and infect extended three ft gallery on ground floor besides not observing mandatory cut for ventilation neither on ground floor nor on first floor.
Taking serious concern of violated construction on public complaints, this newspaper published a detailed stories dated 25-5-2023 along with pictures highlighting commercial construction on residential plot that one Joginder Pal Gupta s/o KL Gupta owner of residential plot 648/3 measuring nearly 2997 Sqft (40+35/2×80 ft) Zonal Planned Channi Himmat Housing Colony in Ward-50 on main road that JMC’s no action at initial stage results completion of slab work of commercial hall measuring 2800 Sqft on ground floor on 24-5-2023 without any partition and nothing of any sort of residential plot neither bedroom nor any verandah but with lift provision along with stairs to reach first floor within premises towards front side and to hoodwink general public has kept one big wooden door 6 ft in width which is rarely seen and a small window towards front side with provision of bathroom on backside as is often witnessed in case of commercial construction on residential plot 648/3 Channi Himmat, Ward-50 without maintaining setbacks against approved site plan and kept staircase inside to reach at first floor towards front side.
Surprisingly then Enforcement Inspector Jasbir Singh despite visiting site didn’t report any violation after handsome settlement with owner to remain mute spectator. Worthwhile to mention here that Jasbir Singh was the authorized person to give demarcation at the time of starting construction but the same was conveniently ignored by him after getting paid by owner. With the help and support of enforcement Inspector Jasbir Singh, the slab work on ground floor completed on 24-4-2023 without maintaining setbacks against approved residential plan by completely changing internal and external dimensions on three floors.
However under public pressure, both JMC and owner came out with innovative idea to save this huge commercial construction by asking owner to get revised site plan approved from JMC and accordingly the owner moved a fresh application under application No. 4638 to get revised site plan after raising violated commercial construction on residential plot. JMC in this regard deputed a team comprising of Surveyor Sandeep Kour and Building Officer Kapil Khajuria and reported that columns and plinth are exiting at the site at per norms conveniently ignoring huge violation of land use change from residential to commercial and also no observance of mandatory setbacks, porch and drawing as per earlier approved site plan residential.
As a result of which JMC passed revised site plan in favour of owner to almost suit his violated construction vide No. 558/JMC/BS/2023-24 dated 15-6-2023 has no specific mention of residential drawing for example according to revised plan, both kitchen and dining room projected towards front side when there was big commercial hall followed by Lobby towards backside. It deserves mentioning here that according to revised site plan, the owner was allowed ground floor residential as 153.15 Sqm, new floor-1 residential as 8.81 Sqm, new floor-2 residential as 8.81 sqm as already as per approved site plan, the owner was granted 144.34 Sqm. Further the size of setbacks was also reduced drastically as front side 5.24 mtr, rear- 2 mtr, side-1 2.13 mtr and height of building as 11 mtr from front side road level and accordingly the owner deposited Rs 568 as building fee dated 23-5-2023. However despite revised site plan, the owner again strict to commercial construction without any partition and infect full-fledged commercial halls on three floors. From the above one thing is sure that owner started construction well before getting revised site plan in his favour
When JMC failed to take action against owner for raising violated construction, An RTI was filed dated 18-7-2023 to provide photocopy action if taken under BOCA Act 1988 against owner Joginder Pal Gupta owner of residential plot 648/3 Channi Himmat Housing Board Zonal Planned colony as the owner is undertaking construction of commercial Halls on three floors without any partition to see this is residential construction as there are no bed rooms, Verandah, porch beyond approved site plan vide No.2017/JMC/BS/2022 dated 20-2-2023.
But JMC didn’t provide asked information within stipulated time of 30 days and the information seeker who is local of Channi Himmat area filed First appeal dated 18-8-2023. However during pendency of first appeal, Secretary JMC provided wrong information vide letter No. JMC/CEO/688-89 dated 23-8-2023 and hence counter was also filed dated 20-9-2023 but that counter was also not taken care of by JMC during First Appeal hearing on 20-9-2023. It deserves mentioning here that JMC wrongly replied that building plan has been approved in favour of owner and so far enforcement Inspector of area hasn’t submitted any violation report and conveniently ignoring two detailed stories along with pictures highlighting violations published in print media highlighting serious nature violations including land use change from residential to commercial. The information seeker very effectively highlighted serious violations at the site claiming that enforcement staff deputed in Ward deliberately shielding violative construction of owner during hearing of first appeal but Secretary JMC failed to entertain violations highlighted by information seeker when it was her duty to visit site after print media highlighted serious nature violations but was not done by her.
It deserves mentioning here that at the time of starting construction demarcations shall have to be given in presence of authorized JMC officials and in case of deviation to the sanctioned plan or change of use of premises, the building permission issued shall be deemed cancelled but sadly all these guidelines were not observed by concerned JMC officials resulting in commercial construction on residential plot. Jammu Municipal Corporation has badly failed in curbing unauthorized constructions within its jurisdiction despite bringing the same before the concerned authorities well in time by locals and also by Activists besides timely informing Enforcement staff deputed in the area at the initial stage of violation but staff instead of performing their duties have only helped and supported violators by getting handsomely paid by them. Commissioner JMC should order an enquiry into this as to how owner managed to raise commercial hall on three floors without maintaining setbacks, why JMC so far hasn’t served any BOCA notice to owner. The Enforcement Officer and Enforcement Inspector must be asked why they didn’t submit any violations report despite properly briefed by locals on their visit at site and why they declined their duty as if JMC continues to extend long rope to enforcement staff then they surely hang themselves against JMP-2032 and Unified Building Bye-laws 2021.
