JMC approves stage-2nd residential site plans when stage-1st construction clearly points out construction of commercial flats after clubbing four differently approved site plans on private land falling under Khasra No. 346 and 347 Min, Ward-51 Channi Himmat covering nearly 947 Sqm area without registration under JKRERA, 2016 against JMP-2032 and Unified Building Bye-laws 2021

Four differently approved site plans have been clubbed to raise commercial flats and while visiting site ,it doesn’t look like residential construction as the stilt floors of four differently approved site plans have been clubbed to go ahead for construction of commercial flats having two bedroom and three bedroom sets
Keeping in view of total area of differently approved four residential site plans (10193) Sqft), the area definitely falls under Jammu and Kashmir Real Estate Regulatory Authority (JKRERA) wherein unauthorized colonies intended for sale purposes with an area exceeding 500 square meters (5381 Sqft) or comprising more than 8 units are required to register with JKRERA, 2016 but was not registered with JKRERA which was mandatory to be registered as per Commissioner JMC Public Notice which got duly published in print media under DIP/J-288-P dated 21-5-2024 and also in earlier public notice under DIP/J-5741/P-23 dated 12-3-2024
Surprisingly Building Officer/Surveyor while inspecting site and recommending stage-2nd construction didn’t point out serious violations in stage-1st construction completely ignoring that the construction at the site was no way residential construction as per approved site plans but commercial flats that too after clubbing four differently approved site plans with common walls and common slab work and also covering stilt floors with walls
GY CORRESPONDENT
jammu, aug 03
JMC passed four residential site plans stage-1st in favour of single family falling under Khasra No. 346 Min and 347 Min in village Channi Himmat Jammu adjoining with Sector-2 and residential house No. 225/2 in ward-51 Channi Himmat Housing Board colony measuring nearly 2 Kanals (10223 Sqft). Accordingly First residential site plan approved in favour of Sonali Gupta wife of Sahil Gupta vide No.1140/JMC/BS/2023-24 dated 12.9.2023. According to approved site plan the total area of plot was 184.57 Sqmtr( 1987 Sqft) allowing owner stilt floor 119.93 Sqmtr(1291 Sqft) with open area 64.64 Sqmtr(696 Sqft). The owner was mandatory to observe setbacks including front 3 mtr(10 ft), rear side 2 mtr(6.5 ft).
2nd site plan was approved in favour of Sonali Gupta wife of Sahil Gupta and Vishal Gupta son of Balbir Gupta vide No. 1103/JMC/BS/2023-24 dated 6-9-2023 . According to approved site plan, the total plot area was 238.75 Sqm (2570Sqft) allowing owners stilt floor 155.14 Sqm(1670 Sqft) with open area 83.61 Sqmtr(900 Sqft). The owners were mandatory to maintain setbacks including front 4.35 mtr(14 ft), rear side 2.59 mtr(8 ft).
Third residential site plan was approved in favour of Sonali Gupta wife of Sahil Gupta and Sapna Sethi wife of Sanjay Sethi vide No. 1102/JMC/BS/2023-24 dated 6-9-2023. According to approved site plan , the total area of plot was 259.11 Sqm(2789 Sqft) allowing owners stilt floor 168.28 Sqm( 1811 Sqft) with height of stilt floor 2.5 mtr (8.5 ft) under side of beam with open area 90.83 Sqmtr(978 Sqft). Fourth residential site plan was approved in favour of Sonali Gupta wife of Sahil Gupta and Neelakshi Goyal wife of Sumit Goyal vide No. 1101/ JMC/BS/2023-24 dated 6-9-2023. According to approved site plan, the total area was 265.42 Sqm( 2857 Sqft) allowing owners stilt floor 172.19 Sqm(1853 Sqft), showing approaching road 4 mtr( 13 ft) with open area 93.23 sqmtr(1004 Sqft). The owners were mandatory to maintain front 4.80 mtr(16 ft) , rear 2.91 mtr(9.5 ft). Pertinent to mention here that total area of four residential sites became nearly 2 Kanals (10193 Sqft) whereas permitted area under construction was 615.64 Sqm (6625 Sqft) and open area of four residential sites was 3563 Sqft and as per approved site plans the owners were allowed Stilt floor plus three floors residential house.
Worthwhile to mention here that from above one name is common in four differently approved residential site plans is Sonali Gupta wife of Sahil Gupta which proves beyond any doubt that these four differently approved residential site plans actually belong to single family. Moreover at the site, these four differently approved site plans have been clubbed to raise commercial flats and while visiting site ,it doesn’t look like residential construction as the stilt floors of four differently approved site plans have been clubbed to go ahead for construction of commercial flats having two bedroom and three bedroom sets. But JMC till date didn’t take any action against owners and infact supported to continue violated construction.
When owners raised slit floor construction, locals strongly resented commercial flats construction and brought the matter into notice of JMC higher authorities and also concerned JMC enforcement staff but JMC only landed deaf ears and blind eyes and as a result of which now at present as on date the construction of first floor was in progress without maintaining mandatory setbacks and also without taking into consideration the mandatory requirement of approaching road width. It is surprising to note that pillars on first floor were already raised before the inspection of Building Officer/Surveyor dated 25-5-2024 and the same was not pointed out by them while recommending stage-2nd construction which was clear proof of close proximity of owners with concerned JMC officials. Now shuttering work is in progress and there is every likelihood that slab work will be completed in couple of days.
It deserves mentioning here that, keeping in view of total area of differently approved four residential site plans (10193 Sqft), the area definitely falls under Jammu and Kashmir Real Estate Regulatory Authority (JKRERA) 2016 wherein unauthorized colonies intended for sale purposes with an area exceeding 500 square meters (5381 Sqft) or comprising more than 8 units are required to register with JKRERA but was not registered with JKRERA which was mandatory to be registered as per Commissioner JMC Public Notice which got duly published in print media under DIP/J-288-P dated 21-5-2024 and also in earlier public notice under DIP/J-5741/P-23 dated 12-3-2024 .
Despite all this as mentioned above, JMC approved stage 2nd approved site plans in favour of single family notwithstanding stage-1st construction clearly pointed towards construction of commercial flats and after Building Officer/Surveyor didn’t point out serious violations in stage-1st construction completely ignoring that the construction at the site was no way residential construction as per approved site plans but commercial flats that too after clubbing four differently approved site plans with common walls and common slab work.
Anyhow first 2nd stage residential site plan was approved in favour of Sonali Gupta wife of Sahil Gupta and Vishal Gupta s/o Balbir Gupta vide No.277/JMC/BS/2024-25 dated 26-6-2024 showing total plot area as 233.75 Sqm with open area 83.61 sqm allowing owners existing as per norms stilt floor residential measuring 155.14 Sqm and three other floors measuring 155.14 Sqm each. The height of building was fixed at 12.25 mtr from front road level.The owners were mandatory to observe setbacks including front -4.35 mtr, rear-2.59 mtr and paid building fee Rs 37233 as residential.
Second stage 2nd site plan approved in favour of Sonali Gupta wife of Sahil Gupta and Sapna Seth wife of Sanjay Seth vide No. 282/JMC/BS/2024-25 dated 26-6-2024 showing total plot area as 259.11 Sqm with open area 90.83 sqm allowing owners existing as per norms stilt floor residential measuring 168.28 Sqm and three other floors measuring 168.28 Sqm each. The height of building was fixed at 12.25 mtr from front road level.The owners were mandatory to observe setbacks including front -4.80 mtr, rear-2.91 mtr and paid building fee Rs 40386 as residential. Third site plan stage-2nd approved in favour of Sonali Gupta wife of Sahil Gupta and Meenakshi Goel wife of Sumit Goel vide No. 280/JMC/BS/2024-25 dated 26-6-2024 showing total plot area as 265.42 Sqm with open area 93.23 sqm allowing owners existing as per norms stilt floor residential measuring 172.19 Sqm and three other floors measuring 172.19 Sqm each. The height of building was fixed at 12.25 mtr from front road level.The owners were mandatory to observe setbacks including front -6.02 mtr, rear-2.50 mtr and paid building fee Rs 41325 as residential. Fourth stage-2nd site plan approved in favour of Sonali Gupta wife of Sahil Gupta vide No. 281/JMC/BS/2024-25 dated 26-6-2024 showing total plot area as 184.57 Sqm with open area 64.64 sqm allowing owners existing as per norms stilt floor residential measuring 119.93 Sqm and three other floors measuring 119.93 Sqm each. The height of building was fixed at 12.25 mtr from front road level.The owners were mandatory to observe setbacks including front -3.09 mtr, rear-2.07 mtr and paid building fee Rs 28782 as residential.In the light of above ongoing construction of commercial flats should be stopped henceforth and enforcement staff deputed in Channi Himmat area should be questioned how violated construction of flats after approving residential site plans reached stage-2nd. Moreover Commissioner JMC who himself releases public notice to beware general public under Jammu and Kashmir Real Estate Regulatory Authority (JKRERA) not to buy any residential house if not registered with JKRERA then how come stage 2nd site plans approved despite total plot area exceeds much beyond 500 mtr and JKRERA should also take serious cognizance of this.