According to approved site plan, existing ground floor residential measuring 99.45Sqm was shown as per norms, existing first floor residential measuring 50.74 Sqm as per norms and new 2nd floor residential measuring 30.66 Sqm sanctioned in favour of owner but owner covered hundred percent plot area absolutely contrary to approved site plan after dismantling existing ground and first floors
The owner also submitted an affidavit vide No. INJK92353337186038W dated 22-4-2024 promising to remove existing violations on ground floor before raising the construction of 2nd floor as pointed out by Building Officer/Surveyor report dated 11-4-2024 that ground floor and first floor are existing at site in violations of front,rear and side set back but instead completely dismantled existing house and raised completely fresh violated construction
GY CORRESPONDENT
jammu, jul 31
J&K Housing Board allotted a residential corner plot 261/4 measuring 30×55 Sqft Channi Himmat Housing Board Colony, Ward-50 in favour of Ganesh Dass s/o Parma Nand r/o Ganesh Di Hatti Purani Mandi, Jammu in the year 1998. The owner thereafter constructed residential house in the year 2012-2013 having ground and first floors, without maintain setbacks and as per JMP-2021 the owner was entitled 70% (1070 Sqft) area under construction but covered more area against permitted. This residential house on 3-3- 2022 was sold out to Jyoti Gupta wife of Bharat Bhushan Gupta r/oWard-10 Vijaypur but as per Tripartie Agreement there was no mention of residential house but only vacant plot besides Jyoti Gupta also paid Rs 49500 as ownership rights transfer fee and also paid Rs 37066 for additional area of 19.8 Sqft in the plot and the same was registered in the Court of Sub-Registrar Jammu South. Later the owner managed to get free hold right on 28-5-2022 and accordingly paid Rs 91839 as fee for getting free hold rights.
The owner anyhow applied for approval of site plan for construction of an additional floor and got approved site plan vide No. 76/JMC/BS/2024-25 dated 7-5-2024. According to approved site plan, existing ground floor residential measuring 99.45Sqm was shown as per norms, existing first floor residential measuring 50.74 Sqm as per norms and new 2nd floor residential measuring 30.66 Sqm sanctioned in favour of owner. The maximum height excluding mumty/lift/uptoridge whichever is applicable of the building 10 mtr from the front road level.
According to approved site plan, the owner was under obligation to observe mandatory fresh setbacks including front -3.05 mtr, rear-2.02 mtr, side-II-7.71 mtr . The owner accordingly paid Rs 39774 dated 1-5-2024 for new permitted area. The owner also submitted an affidavit vide No. INJK92353337186038W dated 22-4-2024 promising to remove existing violations on ground floor before raising the construction of 2nd floor as pointed out by Building Officer/Surveyor report dated 11-4-2024 that ground floor and first floor are existing at site in violations of front,rear and side set back.
Worthwhile to mention here that getting fresh site plan approved from JMC was mere a formality and the owner absolutely contrary to approved site plan totally demolished existing ground and first floor and started afresh construction of his choice and from the pictures taken from the site new bricks have been used from ground level and the violated setbacks for which owner had submitted written undertaking that he would demolish existing violations of front, rear and side setback were not demolished by owner and infact covered hundred percent plot area that too commercial construction in shape of big commercial halls without any internal partition of walls on RCC pillars and completely changed internal and external dimensions including front dimension of existing ground and first floor with the help of enforcement staff deputed in Channi Himmat area.
It is surprising to note that the fresh site plan approved in favour of Jyoti Gupta for construction of additional floor(2nd floor) the construction of which yet to be started and the construction of ground and first floor existing at the site have been constructed altogether new one which clearly means that the owner has completely demolished existing construction and has undertaken altogether fresh construction . This has seriously caused loss to Govt exchequer as the owner without JMC permission raised all new construction of ground and first floors but deposited building fee of 2nd floor whose construction yet to be started at the site.
In light of above, Commissioner JMC should henceforth stop giving long ropes to enforcement staff and personally intervene against violated constructions whenever they are highlighted on social networking sites and are published in print media and in every case reaches his notice should always take follow-up action failing which the way unauthorized constructions being raised in Channi Himmat area with the help of enforcement staff in a shortest possible time nobody will call Channi Himmat J&K Housing Board Zonal Planned colony.
