JMC to save their skin under huge public pressure served owner BOCA notice under section 7 (1) dated 6-7-2023 nearly after one year since start of construction projecting huge violations of 42.40% on ground Floor , 67.88% on first floor, 28.35% 2nd floor and owner also didn’t maintain mandatory setbacks particularly rear which was supposed to left 4.7 mtr but owner left 1.3 mtr thus making violation of 72.34% besides violations in height as 3.71% and side-2nd with 100% violation
Violations as mentioned in notice under 7(1) vide No. JMC/CEO/33/01/23 dated 6-7-2023 were much higher than projected by JMC as there was no deliberate mention of construction of basement to save unauthorized commercial construction of owner on residential plot against approved residential site plan. Moreover owner was served 48 hours ultimatum but till serving demolition notice dated 4-11-2023 no follow-up action taken allowing owner to complete commercial construction after approving residential site plan
JMC answerable as to why it took one long year to serve BOCA notice to owner, when construction of three unauthorized commercial floors was almost complete. Moreover JMC should also tell why even after two months of serving owner BOCA notice under 7(1) dated 6-7-2023 even today the finishing work is going on and why no follow-up action taken against owner when the existing commercial construction either should be sealed for ever or should have been demolished.
GY CORRESPONDENT
jammu, nov 20
JMC Bosses regularly come under questions in High Court, Tribunal and other Subordinate Courts & by public on various issues .Because of their leniency and dereliction of duty on part of enforcement staff has already wasted precious times of above mentioned prestigious institutions as had the performed their duty sincerely, there would have been no such violations and every construction would have been in place strictly in accordance with approved site plans but unfortunately might is right is what prevails in functioning of JMC.Particularly JMC’s BOCA notices have become laughing stone for everyone have proved mere formality in absence of its implementation. This is evident from the fact that one Dr. Ashok Kumar Saraf s/o Rattan Chand Saraf owner of residential plot No. 3 in Sector-4 Channi Himmat Housing Board Zonal planned Colony measuring 50×100 Sqft on main road of Channi Himmat Housing Board Colony served demolition BOCA notice under provision of section 7(3) vide No. JMC/CEO/33/03/23 dated 4-11-2023 asking owner to reply to this show cause notice within five days as to why khilafwarzi/violations raised by him should not be sealed/demolished failing which the same will be done by JMC at owner’s cost and risk as the owner raised three violated commercial floors on residential plot without maintaining setbacks against approved residential plot.
There is every likelihood that the owner must have taken status Quo against this notice from any competent court but surprisingly when our team visited site on 20-11-2023 found that finishing work was going on at the site including floor ceiling work, marble laying work towards front side and white washing (Putti work) from back side which exposes credibility of these BOCA notices which so far have been served as mere an eyewash action just for keeping it for record sake on part of JMC which are being used by JMC when it finds itself in tight spot under public pressure.
It deserves mentioning here that the owner prior to BOCA notice 7(3) was also served BOCA notice under section 7(1) vide No. JMC/CEO/33/01/23 dated 6-7-2023 asking owner to reply to this notice as to why Khilafwarzi/violations should not be sealed /demolished within 48 hours. The owner didn’t reply to this notice and constructed huge commercial structure most probably a nursing home owner being Doctor by profession against approved residential site plan vide No. 895/JMC/BS/2022 dated 18-7-2022 This became a possibility as the JMC after serving BOCA notice under section 7(1) dated 6-7-2023 didn’t take any action against owner till 7(3) notice served to him dated 4-11-2023 providing suitable time of nearly four months to complete his commercial construction onresidential plot which proves that owner is enjoying patronage of JMC lower as well as higher staff in lieu of illegal gratification. Worthwhile to mention here that Dr. Ashok Kumar Saraf against approved site plan first constructed basement measuring nearly 2000 Sqft, ground floor 4000 Sqft including porch area, first floor 4000 Sqft, 2nd floor 3000 Sqft without maintaining setbacks and raising construction beyond approved site plan vide No. 895/JMC/BS/2022 dated 18-7-2022. According to approved site plan, the owner was allowed ground floor 200.8 Sqm (2161 Sqft) , plus porch area 8.4 Sqm (90 ft) ,first floor 174.4 Sqm (1873 Sqft) and 2nd floor 133.5 Sqm (1436 Sqft). The owner was duty bound to leave front 6.1 mtr(20ft) ,rear side 4.7 mtr (15 ft), side-1 left side 2mtr( 6.50 ft) ,side-2nd ( right side, 3 mtr (10 ft) with height of building fixed 10.5 mtr (34 ft) excluding Mumty from road level. However when owner was constructing basement, the immediate neighbours strongly protested against it and JMC under public pressure served owner non-statutory notice to owner asking owner to explain nature of construction he is raising instead of serving BOCA notice to kill the time and allow owner to continue with commercial construction in residential area but no follow-up taken and kept silent. This is evident from the fact when statutory notice was served to owner, he had by then raised ground floor covering nearly 4000 Sqft on existing basement. The owner however replied to statutory notice vide letter No.JMC/CEO/748-51 dated 9-9-2022 that he has already produced undertaking on affidavit No.INJK80175138903424U dated 5-9-2022 in this regard that he will raise only residential construction as per approved residential site plan and will never use residential site for commercial purpose. But it was a mere eyewash as the owner continued raising construction of Nursing Home as the owner by profession a doctor. JMC surprisingly after receiving undertaking didn’t take action against owner and meantime the owner continued raising commercial construction making land use change from residential to commercial with help of then enforcement Inspector deputed in Ward-50.
JMC however under huge public pressure and after print media very effectively highlighted the violations, JMC nearly after one year since start of construction served owner BOCA notice under provision of section 7(1) vide No. JMC/CEO/33/01/23 dated 6-7-2023 accusing owner of constructing building at Plot No.3, Sector -4 Channi Himmat measuring 50×100 (464.8 Sqm) against approved site plan No. 895/JMC/BS/2022 dated 18-7-2022 and making violation of 42.40% (955 Sqft) on ground floor including porch as owner was allowed 209.1 Sqm (2250 Sqft) and constructed 297.77 Sqm (3205 Sqft) . Similarly, the owner made violation of 42.40% on ground Floor as he was allowed 209.1 Sqm (2250 Sqft) but constructed 297.77 sqm (3205 Sqft). Likewise, the owner made violation of 67.88% ( 1278 Sqft) on first floor as he was allowed 174.4 Sqm ( 1873 Sqft) but constructed 292.80 sqm (3151 Sqft) . Similarly the owner was allowed 2nd floor as 133.5 sqm (1436 Sqft) but constructed 171.36 Sqm(1844 Sqft) and making violation of 28.35% (408 Sqft).
As per the BOCA notice, the owner also didn’t maintain mandatory setbacks particularly rear which was supposed to left 4.7 mtr but owner left 1.3 mtr thus making violation of 72.34%. In this way the owner was allowed total area including three floors as 5559 Sqft including porch but covered 8204 Sqft thus making violation of 2645 Sqft besides setbacks and height of building was also not maintained a per approved site plan. Besides, JMC deliberately didn’t mention construction of basement constructed by owner. Also owner was duty bound to leave side-1 as 2 mtr but left 1.3 mtr making violation of 0.7 mtr which was 35%. The other side (side-2nd) was to be left by owner by 3 mtr but left nothing and thus made 100% violations. Finally the height of building was fixed 10.5 mtr but owner extend it up to 10.89 mtr thus making violations of 3.71%. After projecting above mentioned violations in the notice, the owner was served 48 hours ultimatum to reply to this notice failing which the violations as projected above will be demolished by JMC at cost and risk of owner. Locals have alleged that the violations are much more as mentioned in BOCA Notice 7(1) as a result of which the violations mentioned in 7(1) notice were kept same in BOCA demolition notice 7(3).
JMC should seriously introspect how non-stop commercial construction on residential plot is going on for the last one year and also why JMC took one long year to serve BOCA notice to owner when construction of three unauthorized commercial floors was almost complete. Moreover JMC should also tell why after more than four months of serving owner BOCA notice under 7(1) dated 6-7-2023 served demolition notice dated 4-11-2023 providing suitable to owner to complete his violative construction that too not projecting actual violations and also construction of basement and how even today the finishing work is going on and why no follow-up action taken against owner when the existing commercial construction either should be sealed for ever or should have been demolished long ago.
