Owners neither demolished violations on their own nor JMC ensured implementation of 7(3) demolition notice when owners completely changed internal and external dimensions and infect raising commercial construction on residential plot without maintaining setbacks and the violated structure is still intact as on date but sadly still JMC in no mood to take action against owners on merit
JMC under public pressure served owners BOCA notice under provision of section 7(1) dated 27-2-2023 vide No. JMC/CEO/74/01/2022 claiming that the owners have raised ground plus two floors against approved site plan and have not observed mandatory setbacks besides floor coverage as per approved site plan and that these violations seriously affects planned development of Jammu city and contravenes building plan but spared action after undertaking by owners to raise only residential construction which was completely violated
As per 7(1) BOCA notice, owner was allowed to construct ground floor ,first and 2nd floor 161 Sqm each but owner constructed ground floor,first and 2nd floor covering 183.53 Sqm exceeding violations 13.99% each floor and violated 22.53 Sqm each 243 Sqft (729 Sqft on three floors) thus projecting violations as 67.59 Sqmt total violation with 13.99% violations on each floor.
As per 7(3) BOCA notice the violations were drastically reduced like violations of three floors reduced to 5.83% which was reduced to 305.40 Sqft and violation of height reduced to9.84 mtr up to plinth level which should have been from front road level
Secretary JMC who is also incharge BOCA authority didn’t crosscheck report of enforcement Inspector/Surveyor after re-measurement of violations which resulted in three commercial floors on residential plot in residential area without maintaining setbacks against JMP-2032 and Unified Building Bye-laws 2021
GY CORRESPONDENT
jammu, nov 16
Gagandeep Singh Bedi and Pawandeep Singh Bedi sons of Jaswinder Singh Bedi purchased residential plot 71/5 measuring 293 Sqm(3154 Sqft) Channi Himmat Housing Colony from original alottee costing worth crores and accordingly got approved site plan from JMC vide No.1082/JMC/BS/2022 dated 10-8-2022 for residential purposes only. As per approved site plan, the owners were allowed ground, first and 2nd floor each 161 Sqm( 1733 Sqft) each with open area 132 Sqm( 1421 Sqft) with height of building 32 ft from the road level . The owner was mandatory to leave 4.25 mtr ( 14 ft) from front side, rear side 2 mtr(6.5 ft), side-1, 2 mtr(6.5 ft) without mentioning sides whether left or right.
Accordingly paid residential site plan fee as Rs 21786 only for permitted construction but did not deposit cess tax which should be deposited in Labour department which is 2% of total construction cost which approximately becomes more than Rs 35000 .As per approved site plan, the owner was supposed to construct kitchen on left and right side and in between open Verandah which was also main entry to enter premises, bathroom with open terrace towards front side on ground floor with stairs inside along with a cut out measuring 6.74×1.23 mtr for ventilation purposes as visible in duplex construction in between a two kitchens and two bathrooms with verandah towards backside. Moreover empty space shown on either side in the approved site plan lacks mentioning of purpose of these left spaces. Similarly from backside there was a provision for two bathrooms and a open area in between also which were not constructed and instead constructed stairs from backside covering area in size of bedrooms which was not part of approved site plan. Moreover there was no front entry door and instead installed three windows and owners on their own kept the front entry gate on the backside of ground floor. In this way ~the owner constructed violated three floors all in equal size absolutely contrary to approved site plan residential and instead constructed commercial structure absolutely a bar and restaurant as the owner already running of chain of hotels in Jammu District and by the way it was prime intention of owners to raise commercial construction as the owners completely changed internal and external dimensions on their own.
Locals badly annoyed over commercial construction on residential plot complaint before JMC higher authorities in this regard after JMC enforcement staff didn’t take action against owner while he was raising violated construction by completely changing dimensions both internal and external as mentioned in approved residential plot. However under public pressure , JMC asked owners to submit an affidavit duly attested by First Class Magistrate in two days dated 12-12-2022.Meantime both the owners produced two single undertaking dated 13-12-2022 before JMC duly attested by Magistrate that they will raise only residential construction which was a ploy to halt any further action against them from JMC and Housing Board but soon owners made their intention clear by keep raising commercial construction by again starting construction work. sssHowever JMC under public pressure served owners BOCA notice under provision of section 7(1) dated 27-2-2023 vide No. JMC/CEO/74/01/2022 claiming that the owners have raised ground plus two floors against approved site plan and have not observed mandatory setbacks besides floor coverage as per approved site plan and that these violations seriously affects planned development of Jammu city and contravenes building plan. The owners were served 48 hours ultimatum to reply to this notice as to why violations as mentioned above should not be sealed/demolished. Surprisingly then Enforcement Inspector Varun Kesar deputed in the area who had earlier reported that construction is going on as per approved site plan and didn’t take action against complaints of locals when owner was allowed to construct ground floor and first floor 161 Sqm each but owner constructed ground floor, first and 2nd floor covering 183.53 Sqm exceeding violations 13.99% each floor and violated 22.53 Sqm each 243 Sqft (729 Sqft on three floors) thus projecting violations as 67.59 Sqmt total violation with 13.99% violations on each floor. The report however wrongly claimed that setbacks were observed by owners and that owners were allowed height 11.28 Mtr but owners raised height exceeding to 1.43 mtr against allowed 9.85 mtr thus projecting violations as 14.51% whereas in reality setback violations as mentioned above were not mentioned in this rnotice with a aim to shield commercial construction of owners on residential plot. Besides owners have raised two rooms on third floor in addition to Mumty without JMC permission, though slab work still awaited which was not mentioned in report. Moreover galleries raised by owners towards left side besides non-maintenance of cut, verandah and also open area not kept were also not mentioned in BOCA notice 7(1). After visiting site, violations are much more than as mentioned in the notice.
Worthwhile to mention here that since BOCA notice under provision of section 7(1) dated 27-2-2023 vide No. JMC/CEO/74/01/2022 was served to owners to reply within 48 hours, no further proceedings has been done by JMC after owners produced written undertaking that they have removed all the violations at the site and that will use premises only for residential purpose. But in reality, nothing was demolished by owners and the huge commercial structure by completely changing internal and external dimensions is still intact. However the owners as guided by JMC enforcement staff while replying to 7(1) notice claimed that all the violations at the site were removed and that fresh measurement can be taken at the site in a reply letter to Building Officer against 7(1) notice.It deserves mentioning here that despite strong resentment by locals based on genuine facts and figures, JMC with a sole aim to shield violated construction of owners did not act as per serious violations reported by locals and also the violations measured by then enforcement Inspector Varun Keasar and Surveyor, surprisingly re-measurement of violations was done by then Enforcement Inspector Jasbir Singh and the same Surveyor who accompanied Varun Kesar which was aimed to silence public voice and also somehow to protect violations.
According to re-measurement report of Surveyor dated 17-4-2023, the violations were drastically reduced like earlier violations of each floor of three floors was 13.99% as per 7(1) BOCA notice dated 27-2-2023 and now 5.83%. Likewise Ground, first and 2nd floor earlier was 183.53 Sqm and now 170.40 Sqm Similarly three floors violations earlier was 729 Sqft on three floors and now 305.40 Sqft . Earlier violations of height was 11.28 Mtr against 9.85 from front road level and now 9.84 mtr up to plinth level which should have been from front road level. Moreover the report of Surveyor wrongly claimed that when the visited site demolition was being done and that photographs were also taken but didn’t mention details of demolition as to what was demolished on which floor whereas locals strongly resented these claims as the violated structure was well intact and nothing was mentioned that owners had already changed both internal and external dimensions and the construction at the site comprising of three floors was more of a huge restaurant and in no way a residential construction. Surprisingly this re-measurement report was not cross-checked by concerned higher authorities as to how earlier violations were reduced so drastically which means that there was well established nexus between owners and JMC authorities to somehow save violated construction of owners.
Worthwhile to mention here that when JMC in order to put dust in the eyes of aggrieved people and for record sake served owners BOCA notice under provision of section 7(3) vide No. JMC/CEO/74/03/22 dated 22-5-2023 after considerably reducing violations as per report of then Enforcement Inspector Jasbir Singh and Surveyor after re-measurement of violations at the site. The 7(3) notice served to owners claimed that the owners raised construction against approved site plan and also that owners didn’t observe mandatory setbacks. Accordingly the owners were directed to demolish aforesaid violations within five days failing which the same shall be done by JMC at their cost and risk. However the genuine violations were deliberately reduced to bring violations under compoundable level so that huge commercial construction on residential plot by owners could be saved after striking handsome deal with owners and as a result of which the owners were deliberately served light BOCA notices without any follow-up action against owners.
Surprisingly JMC after serving BOCA demolition notice 7(3) vide No. JMC/CEO/74/03/22 dated 22-5-2023 to owners didn’t take follow-up action as the owners were duty bound to act as per notice within five days from the date of serving of this notice as the owner didn’t demolish projected violations. As the JMC didn’t act as per law, the owner who would have approached J&K Special Tribunal had the JMC acted as per law and instead the owners took into confidence the enforcement staff to meet their ulterior motives and as a result the construction as on date is continuing. Accordingly the JMC compounded huge violations in reality just for Rs 14100 vide No.4721 dated 11-9-2023.
In the light of above, JMC Commissioner should constitute a high level Committee to look into the violations as mentioned above and how JMC enforcement staff ridiculed BOCA notices and how JMC trusted owners on simple undertakings that they will raise only residential construction that too as per approved residential site plan. This was sheer leniency on part of enforcement staff that owners comfortably raised three commercial floors on residential plot without maintain setbacks and also completely changing internal and external dimensions. This is shocking to note that Secretary JMC who is also incharge BOCA authority didn’t crosscheck the report of enforcement Inspector/Surveyor after re-measurement of violations and the result of which is owners have managed to raise three commercial floors on residential plot in residential area and successfully managed to get violations compounded which were not at all compoundable which is matter of serious investigation and if this is allowed time and again, JMP-2032 and Unified Building Bye-laws 2021 will never ever be implemented on ground.
