Owner as per registry of land in Court of law owned only 1000 Sqft but owner raised construction covering nearly 1359.8 Sqft and the extra land he occupied was part of irrigation land road which was not taken care of by Enforcement staff while visiting site and also locals bringing in their notice that owner has covered road area what to think of observing mandatory setbacks which speaks volumes the sincerity of enforcement staff with which it works in the field.
As per demolition order dated 18-5-2024, owner was directed to demolish /pull down violated construction within seven days from the receipt of this notice failing which said structure shall be demolished by JMC at his risk and cost. Surprisingly more than 26 days have gone by but so far this demolition notice still not implemented at the site probably after negation done between JMC enforcement staff and owner. Meanwhile as on date construction is going on at the site when the structure so far rose deserves complete demolition as the owner hasn’t approached J&K Special Tribunal against BOCA demolition notice.
Action not taken against owner but Enforcement Inspector Shiv Kumar deputed in the area was made scapegoat for violated construction and was suspended but unauthorized construction was not stopped and which is going on as on date with construction of 2nd floor and as on date construction of brick walls going on so that now shutters towards front side can be fitted but JMC enforcement staff after serving BOCA notices has become mute spectator and allowing owner to continue construction after serving him demolition order.
As per demolition order, owner constructed unauthorized basement measuring 1359.8 Sqft making 100% violations , entitled ground floor 815. 88 Sqft but constructed 1359.8 , ground and first floors were entitled 815. 88 Sqft but constructed 1359.8 each. Further as per Building Bye-laws 2021, had the site plan approved by JMC and according to registry of land ,the owner was duty bound to observe setbacks include front- 20 ft 3 inch, Rear- 10 ft, Side-1, 10 ft but the owner at the site didn’t observe setbacks and made 100% violations of setbacks. Further the owner was entitle FAR- 180 but at the site it was 300 FAR
GY CORRESPONDENT
jammu, jun 14
It has been time and again reported that the BOCA notices so far served to violators have only proved mere eyewash as in most of the cases , these notices have been served when construction reaches advance level and in some cases where these notices served at initial stage , proper follow-up not taken after setting of deal between JMC enforcement staff and violators. The live example of this is JMC served BOCA demolition notice to Dr Ashok Kumar Sharma under section 253(1) of J&K Municipal Act 2000 vide No. JMC/DC(S)/Enf/84-87 dated 18-5-2024 for raising unauthorized construction of shopping complex after dismantling two existing shops measuring nearly 1000 Sqft without getting site plan approved from JMC falling under Khasra No. 24 Min, Khata No. 57 and Khewat No.3 adjoining with his ongoing construction of multistory Nursing Home in Ward-52 , Satyam Road Extension Trikuta Nagar Jammu. However no follow-up action taken after serving this demolition notice which reads that the owner constructed unauthorized basement measuring 1359.8 Sqft which is total plot area making 100% violations as the construction of basement can’t be allowed at the site having an area of 1000 Sqft when the owner was entitled only 60% construction, the owner as per Unified Building Bye-laws 2021 was entitled ground floor 815. 88 Sqft but constructed 1359.8 and raised violated construction of 543.92 sqft making violation of 66.66%. Similarly ground and first floors were entitled 815. 88 Sqft but constructed 1359.8 each and raised violated construction of 543.92 sqft making violation of 66.66% on ground and first floor. Further as per Building Bye-laws 2021, had the site plan approved by JMC and according to registry of land ,the owner was duty bound to observe setbacks include front- 20 ft 3 inch, Rear- 10 ft, Side-1, 10 ft but the owner at the site didn’t observe setbacks and made 100% violations of setbacks. Further the owner was entitle FAR- 180 but at the site it was 300 FAR.
Not only this, the owner as per registry of land in Court of law owned only 1000 Sqft and the extra land he occupied was part of irrigation land road what to think of leaving space for public parking which is mandatory as per Building Bye-laws 2021. The owner as per notice was directed to demolish /pull down the above said structure within seven days from the receipt of this notice failing which said structure shall be demolished by JMC at his risk and cost. Surprisingly more than 26 days have gone by but so far this demolition notice still not implemented at the site probably after negation done between JMC enforcement staff and owner. Meanwhile as on date construction is going on at the site which was highlighted by locals with pictures and the same was sent and brought into kind notice of management of this newspaper today when the structure so far raised deserves complete demolition as the owner hasn’t approached J&K Special Tribunal against BOCA demolition notice.
It deserves mentioning here that, the owner was earlier also served notice under section 253(1) vide No.JMC/DC(N)/Enf/144-47 dated 10-5-2024 for raising unauthorized construction without JMC permission. The owner was given 48 hours ultimatum as to why action as warranted under Section 253(1) J&K Municipal Act 2000 read with UBBL-2021 may not be initiated against owner. However owner replied to this notice which was highly unsatisfactory as per JMC notice served to owner dated 18-5-2024.
However in all this , action not taken against owner but Enforcement Inspector Shiv Kumar deputed in the area was made scapegoat for violated construction and was suspended but unauthorized construction was not stopped and which is going on as on date with 75% construction of 2nd floor after serving demolition notice and as on date construction of brick walls going on so that now shutters towards front side can be fitted but JMC enforcement staff after serving BOCA notices has become mute spectator and allowing owner to continue construction after serving him demolition notice. The same was evident from the fact that on 23-5-2024 JMC enforcement team led by Enforcement Officer Anil Kashyap along with new Enforcement Inspector deputed in place of Shiv Kumar Ashwani Kumar seized drilling machine with existing lantern was being broken along other equipments as was disclosed by locals and the same was testified from our telephonic conversation with JMC enforcement staff.
Coming back to story, owner did it purposefully as had the owner applied for approval of site plan , he would have got only 60% construction and was duty bound to leave 40% for public parking and moreover he couldn’t have got permission to construct basement which was constructed by owner by covering hundred percent area under construction as per JMP-2032 and Unified Building Bye-laws 2021 which also caused serious loss to JMC exchequer besides owner was duty bound to seek land use change permission from JDA which was not done and caused loss to JDA exchequer worth lacs. The callousness of JMC enforcement staff is evident from the fact despite bringing construction of basement, ground and first floor on RCC Pillar was duly brought into kind notice of enforcement staff at its initial stage but no befitting action taken by them resulting in good percentage completion of structure. As a result of which, the owner continued construction and when slab work being done on first floor using slab laying machine, the photographs of same along with relevant details were sent on whatsapp numbers of Enforcement staff on 2-5-2024 seeking immediate action and to stop slab work on first floor on existing basement and ground floor but nothing was done and slab work completed with the help of enforcement staff.
In light of the above , Commissioner JMC should spare some time for his office to visit such sites and mustn’t put everything on enforcement staff who are already towards the side of violators. How long print media will remind enforcement staff to perform its duty and when will they perform their duty honestly and as per Unified Building Bye-laws 2021 and JMP-2032. Unfortunately as a result of which there is absolute boom in unauthorized constructions of which Commissioner JMC has failed to take serious cognizance of resulting in serious loss of sincerity and credibility on part of JMC besides serious loss to govt exchequer.
