JMC remained unmoved even when excessive digging was strongly resented by locals as the owner covered hundred percent area and even covered nearby flowing waste water Nallah by putting slab on Nallah to facilitate two way entry both from front side and back side being a corner plot having approaching road both towards front and back side
After publishing story , the construction work remained stopped for few days, but owner taking into confidence enforcement staff on 8-6-2024 started removing rough concrete which was earlier filled under strong public pressure sensing that now things are settled and that now nobody will raise any question as per guidance and support of enforcement staff and now the construction work is in progress from 6-9-2024 (Friday) and the construction of basement is now amply visible at the site covering hundred percent area as present Enforcement Staff led by Enforcement Officer Anil Kashyap and Enforcement Inspector Rattan Lal extending every possible help to owner to continue violated construction further
When locals contacted Enforcement staff after restart of construction at the site that it is clear construction of basement, then enforcement Inspector Gagan Kumar mislead complainant that the owner is constructing septic tank proving his unfair patronage to owner after shaking hand with him handsomely but yet again in an eyewash action ,enforcement Inspector guided owner to again fill the basement with rough concrete . Sadly no cross-checking was done by Dy Commissioner South incharge Enforcement wing Channi Himmat area resulting in slab work on basement completed and construction of ground floor commercial started covering slab work under soil.
Construction of basement was meant to be dismantled and the owner deserved to be served relevant BOCA notices under Municipal Act 2000 as under Unified Building Bye-laws ,the construction of basement is not at all allowed but same was not done and infect owner was assured that for the time being fill pit dug out for construction of basement and later on he would be allowed to raise construction of basement after few days. Aggrieved locals now feel helpless as there is no one in JMC from bottom to top officials who could listen to voice of aggrieved people disturbing their peace due to ongoing unauthorized commercial constructions in different parts of Channi Himmat Housing Board colony.
GY CORRESPONDENT
jammu, sep 9
Jammu Municipal Corporation never takes public complaints regarding violated construction and infact favours violators with lame excuses and eyewash action. This is evident from the fact that this newspaper published a detailed story along with pictures on 12-6-2024 that one Dinesh Soni s/o KL Soni owner of commercial shop site No.1 , Sector-3 Channi Himmat measuring 377 Sqft ( size 14 ft 6 inch x 26 ft) undergoing construction of basement on RCC walls with pillars 10 ft deep dug and also pictures of ongoing basement construction along with relevant details on 1-5-2024 was sent on whatsapp numbers of Commissioner Secretary Housing and Urban Development Department, Commissioner JMC, Enforcement Officer Anil Kashyap and Enforcement Inspector Gagan Kumar and within one hour the message was conveyed to owner who without wasting time somehow managed rough concrete and started putting the same into the pit dug out for construction of basement and the same continued on 2-5-2024 also and work remained stopped. However when concerned enforcement staff was asked about allowing construction of basement against approved site plan vide No. 1441/ JMC/BS/2023-24 dated 16-11-2023 , they categorically said that the owner is undergoing construction of septic tank/ soakage pit and befooled us and also JMC Authorities.
Now Owner Dinesh Soni after getting full patronage of enforcement staff has again started construction of basement from 6-9-2024 and filling RCC Beams with solid concrete and put slab work on basement floor and covered basement slab with soil after completing slab work on 8-9-2024 by hiding the slab work under opaque sheet covering 100% plot area and openly declaring construction of basement against JMP-2032 and Unified Building Bye-laws 2021 and starting construction of ground floor but sadly despite construction going on main road of Channi Himmat Housing Board colony hasn’t taken any action against owner .
It deserves mentioning here that earlier owner Dinesh Soni got approved commercial site plan stage-1st from JMC vide No. 1441/ JMC/BS/2023-24 dated 16-11-2023 with total plot area 35.01 Sqm(377 Sqft) under which JMC allowed owner ground floor commercial measuring size 5.49 mtr x 4.42 mtr (24.27) Sqm (262 Sqft) with open area 10.74 Sqm (115 Sqft) for parking use from front side . The owner was duty bound to leave front 2.43 mtr x 4.42 mtr ( 115 Sqft) particularly meant for public parking as per Building Bye-laws 2021 in vogue and accordingly paid fee for ground floor commercial Rs 15729 for permitted construction and the owner was mandatory to construct septic tank and stairs from backside within his allowed construction area. The owner however instead of starting construction of commercial ground floor as per approved site plan actually first started construction of basement by going for digging more than 10 ft deep inside soil covering hundred percent area of commercial site in the last week of April 2024.
The excessive digging was strongly resented by locals as the owner covered hundred percent area and even covered nearby flowing waste water Nallah by putting slab on Nallah to facilitate two way entry both from front side and back side being a corner plot having approaching road both towards front and back side. Locals immediately brought the digging for construction of basement into the kind notice of Enforcement Inspector Gagan Kumar deputed in Ward-50 but instead of taking action against owner, he extended unfair support and patronage to owner. Then the aggrieved locals approached management of this newspaper to highlight this violated construction so that work can be stopped. Accordingly management of this newspaper brought into kind notice of concerned enforcement staff and higher-ups and work stopped at the site.
It is pertinent to mention here that the construction of basement was meant to be dismantled and the owner deserved to be served relevant BOCA notices under Municipal Act 2000 as under Unified Building Bye-laws 2021 construction of basement is not at all allowed but the same was not done and infect the owner was assured that for the time being fill the pit dug out for construction of basement and later on he would be allowed to raise construction of basement after few days. The unfair inclination of JMC enforcement staff towards influential violators has been strongly resented by aggrieved locals who now feel helpless as there is no one in JMC from bottom to top ran officials who could listen to voice of aggrieved people disturbing their peace due to ongoing unauthorized commercial constructions in different parts of Channi Himmat Housing Board colony. Further Dy Commissioner South who is also incharge of enforcement section Channi Himmat area should visit site personally and should take stringent action against enforcement staff deputed in area how the construction of basement was allowed if sincerity and sense of duty are something means to him.
Commissioner JMC should take serious cognizance of huge unauthorized construction against approved site plans going on unabated in Channi Himmat Govt planned Housing Colony resulting in serious violations of Master Plan 2032 and Unified Building Bye-laws 2021,JMC enforcement staff has been offering tutor services to violators how to raise unauthorized constructions and how to retain it if any relevant notice against unauthorized construction is issued against him. In other words, the action against violators for raising construction against guidelines of JMP-2032 in the form of serving notices under section 253,254 of J&K Municipal Corporation Act 2000 have so far turned mere cosmetic exercise as in most of the cases no follow-up was taken resulting in unabated unauthorized constructions in Channi Himmat area.
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- Owner of residential plot 328/4,Ward-50 ,Channi Himmat Colony after highlighting of violated construction making land use change in public domain through print media installs back window towards front side of kitchen removed earlier but commercial hall on three floors are still intact covering porch area and not constructing open Verandah on Porch keeping windows and small door besides keeping side entry to reach at first and 2nd floor without maintaining setbacks and completely changing both internal and external dimensions against approved residential site plan
- Class IVth employee working in Neurology Dept without any Administrative order by concerned Medical Superintendent, Super Specialty Hospital Jammu
- JMC unmoved towards open construction of commercial hall on ground floor in place of proposed kitchen by removing existing window and keeping provision for shutter and shop on porch area on residential plot 328/4 on main 60 ft road of Channi Himmat Colony in Ward-50 without maintaining setbacks making open land use change keeping separate entry from porch absolutely contrary to approved residential site plan
- JMC’s unfair functioning makes written undertaking by owner pledging to demolish violations more powerful than BOCA demolition notice under Section 7(3) as witnessed in case of residential house 203/2 on main road side Channi Himmat Ward-50 stopping proceedings under demolition notice when owner didn’t remove violations of converting residential porch into commercial shop which results in restart of whole of residential ground floor as commercial just before Diwali 2024 running garments business under name & Style, “RK Fabrics”
- JMC allows functioning of Axis Bank branch from violated two floor building when trial under BOCA notices 7 (1) & 7 (3) still going on at private land falling under Khasra No. 140/2 Min, Sector-3, Ward-51 Channi Himmat Housing Board colony without JMC NOC and without parking facility within premises
- JMC unaware of fresh construction/alteration on private land in Sector-3, Ward-51 Channi Himmat falling under Khasra No. 4 Min owned by Raman Sharma despite status Quo in place and sealing order intact and when trial of case still going on in High Court of Jammu and next date of hearing is on 22-11-2024
- JMC fails to stop ongoing construction of three unauthorized shops at bifurcated residential plot 29-C Shastri Nagar Housing Board Colony Ward-23 without approval of site plan from JMC despite letter by Dy General Manager Housing Board Unit-II, Jammu dated 18-10-2024 to Joint Commissioner ,JMC to stop ongoing unauthorized construction of three shops after lapse of residential approved site plan dated 26-11-2018 making land use change from residential to commercial
- JMC openly facilitating land use change from residential houses into commercial on private properties in Sector-3, Ward-51 falling under Khasra No. 427 Min owned by Rajinder Sharma, Lt Sunil Sharma and Kala Mahajan without parking facility , JMC permission against JMP-2032, Unified Building Bye-laws 2021 making mockery of JMC Act 2000