Owner contrary to construction of stilt floor residential raised violated structure deviating from approved site plan by not constructing stairs from front side and taking it to middle besides constructing room within stilt floor and also covering the raised construction by three brick walls and thus completely changing original and established definition of stilt floor which reads,” Stilt floor means a floor supported by pillars with all four sides open to be used for parking, switch room, generator room, society room & information room with height 3 meter as per Unified Building Bye-laws 2021
GY CORRESPONDENT
jammu, jul 30
One Sanjay Sharma s/o DK Sharma r/o 120- Kucha Neeru Shah Jain Bazzar, Jammu allotted a residential plot No. 283/2, measuring 50×100 Sqft (464.6 Sqm) Ward-50 Channi Himmat Housing Board Colony by J&K Housing Board on 12-2-1998. This plot remained unoccupied for 25 years until J&K Housing Board served a notice to all its alottees who didn’t raise any construction since the allotment of plot in their favour to start construction within month time failing which the allotment may be cancelled.
Under the pressure of Housing Board notice, the owner somehow applied for approval of residential site plan on 26-9-2023 and as per Khilafwarzi Inspector report steel columns are existing at site which is as per norms, all NOCs are enclosed with previous case No. 4718 which was approved dated 15-4-2023 and BOCA authority approved site plan dated 27-5-2023 and accordingly depositing building fee Rs 26489 dated 13-6-2023 allowing Ground+ two floors are uploaded with application road width is 9.0 mtr, lane drain pacca at site. But the owner didn’t raise construction as per above mentioned approved site plan and raised only steel columns.
However owner having intention of raising commercial construction got approved revised site plan vide No.1501/JMC/BS/2023-24 dated 22-11-2023 for stage-1st stilt floor residential only` measuring 204 Sqm. The maximum height excluding mumty/lift/up to ridge level whichever is applicable of the building as 3 mtr from the front road level up to slab level`. The total plot area as per approved site plan was 464.6 Sqm with open area as 260.6 Sqm. The owner was mandatory to observe setbacks including front -7 mtr, rear- 3 mtr, side-1, 2 mtr, side-2, 3.2 mtr. The ground coverage permitted was 43.5%.
It deserves mentioning here that as per Unified Building Bye-laws 2021, in case stilt parking is provided within building envelope in combination with ground floor, the area under parking shall be allowed for habitation on 3rd floor. Height of Stilt floor in this case shall not be more than 3m.Further Basements shall not be allowed in row housing, but single basement shall be allowed in detached and semi-detached housing subject to fulfillment of basement norms as per national Building Code.
But the owner contrary to construction of stilt floor residential raised violated structure deviating from approved site plan by not constructing stairs from front side and taking it to middle besides constructing room within stilt floor and also covering the raised construction by three brick walls and thus completely changing original and established definition of stilt floor which reads,” Stilt floor means a floor supported by pillars with all four sides open to be used for parking, switch room, generator room, society room & information room with height 3 meter as per Unified Building Bye-laws 2021.
But JMC during stilt floor residential construction which is still going on didn’t take any action against owner what to think of serving any BOCA notices under JMC Act 2000. There is every likelihood that stage-1st stilt floor residential was deliberately sought by owner and had no intention to construct stilt floor but was aimed to get an extra floor in garb of stilt floor and same was done by by allowing an extra floor but still not constructing stilt floor and raising violated construction with help of concerned enforcement staff deputed in Channi Himmat area and there is strong probability that the way owner managed to secure stage-1st violated construction will very easily manage stage 2nd construction.
