Owner didn’t maintain mandatory setbacks including front- 10 ft, Rear side- 6.5 ft, cut out measuring 13 fft by 6.5 ft towards 20 ft road side for ventilation purposes with height of building fixed at 37.5 ft from front road level and keeping cutout for big size main entry gate but JMC enforcement staff didn’t take any action against owner rather guided and supported owner to openly make land use change that too on main road of Channi Himmat Housing Board colony
Owner didn’t install windows after keeping space for windows to hoodwink general public and JMC authorities now these windows have been closed with bricks but JMC enforcement staff didn’t report violations before concerned seniors that owner didn’t construct drawing room, kitchen, lobby with toilet and two bed rooms with attached toilets with verandah towards front side on ground floor besides balcony on each floors and infact raised three equal violated floors without maintaining setbacks as the owner predetermined to use premises for commercial purposes.
GY CORRESPONDENT
jammu, aug 21
One Naresh Dubey s/o MR Dubey already having residential house at 424-A Gandhi Nagar Jammu , a Housing Board Zonal Planned colony purchased another residential corner plot No. 629/3 measuring 30×55 Sqft having front road side 60 ft and right side road 20 ft being a corner plot Channi Himmat Housing Board colony from Housing Board way back in Sep,1988 when as per existing rules they were not entitled to two residential plots that too in both posh colonies Gandhi Nagar and Channi Himmat. Anyway the owner applied for approval of residential site plan under Application No. 6728 dated 16-5-2017 and got approved residential site plan nearly after three years in the year 2020 vide No. 296/JMC/BS/2020 dated 5-8-2020.
According to approved site plan residential, the owner was allowed to construct ground floor 1070 Sqft and other two floors first and 2nd 1070 Sqft each. The owner was mandatory to observe setbacks including front- 10 ft, Rear side- 6.5 ft, cut out measuring 13 fft by 6.5 ft towards 20 ft road side for ventilation purposes with height of building fixed at 37.5 ft from front road level. The owner accordingly paid building fee Rs 7490 for permitted construction area and also paid Rs 38520 as labour cess . The validity of site plan was valid for three years.
The owner however just before the lapse of approved site plan, started construction in the month of March 2023 and constructed ground floor measuring more than 1350 sqft and first floor also 1350 sqft in August 2023 against sanctioned 1070 sqft each without maintaining setbacks particularly from backside the owner hardly left 2 ft when he was supposed to leave 6.5 ft and front nearly 6 ft when he was duty bound to leave 10 ft from front side besides didn’t construct cut out for ventilation and covered cut out area under construction to use it under shutter for other purpose other than ventilation.
Surprisingly the owner didn’t install windows and kept space for windows to hoodwink general public and JMC authorities but JMC enforcement staff didn’t report violations before concerned seniors to take action against owner. The owner as per approved residential site plan was to construct drawing room, kitchen, lobby with toilet and two bed rooms with attached toilets with verandah towards front side on ground floor besides balcony on each floors but owner contrary to approved site plan didn’t raise residential construction and infact raised three equal violated floors without maintaining setbacks as the owner predetermined to use premises for commercial purposes but JMC didn’t move an inch even when owner made provision of entry nearly 10 ft towards other side of road measuring 20 ft and covering porch area with walls
Notwithstanding serious violations, then Secretary JMC provided wrong information against RTI application dated 23-3-2023 vide letter No. JMC/CEO/73-75 dated 28-4-2023 that owner is undertaking construction as per approved site plan when third floor was constructed when approved site plan had already lapsed. Also the construction at the site was absolutely contrary to approved residential site plan which was conveniently ignored and sidelined by JMC higher-ups. Anyway the owner with the help of concerned enforcement staff managed to construct three equal floors each measuring 1350 Sqft each without maintaining setbacks and mandatory cut out on three floors.
Now from couple of days back fully patronized by enforcement staff particularly earlier by Enforcement Inspector Gagan Kumar after he went on leave now Rattan Lal has started changing internal and external dimensions by closing windows to pave way for full-fledged commercial halls on three floors and just demolishing every sign of residential house like Balcony, porch, cut out with the blessings of concerned enforcement staff deputed in the area and even closing existing space for windows with bricks and using cut out space for main entry gate absolutely contrary to approved residential site plan.
The lack of co-ordination between JMC field staff and higher-ups of JMC has resulted in rise in unauthorized constructions in Channi Himmat area as whenever any complaint is filed against violated construction, no follow-up is taken by JMC higher-ups and most of the time believe but enforcement staff narrates them as so far enforcement staff in most of the cases has been found more inclined towards violators rather than to safeguard guidelines of JMP-2032 and Unified Building Bye-laws 2021 which is their first and foremost duty. Sadly Dy Commissioner South, JMC also incharge Enforcement section is so lazy that he hardly takes any follow-up regarding violated constructions and has given long rope to Enforcement Inspectors who in lieu of illegal gratification in most cases don’t report actual violations which are never cross-checked by seniors .If under pressure the action is taken against owners for violated construction, it always proves too little too far when violated construction reach almost advance stage and in most cases when nearing completion. New Commissioner JMC should mend working of enforcement staff and the responsibility should be fixed for each and every violated construction raised in the respective wards of Enforcement Inspectors then only violated constructions can be checked.
