The owner raised commercial Hall with basement without maintaining setbacks except front side and didn’t leave 6.5 mtr from backside and side-1 6.5 mtr and didn’t construct bedroom, drawing room, living room, dining room and kitchen and constructed two shop and keeping its front towards internal road of colony covering nearly 2500 Sqft against total plot area 3200 Sqft when he was entitled only 55% (1760 sqft) construction area and also extending 2 ft gallery towards public road side
Despite commercial hall construction on residential plot , the owner somehow managed to get free hold rights of residential plot from lease hold rights vide Housing Board order No. 201 of 2018 dated 13-7-18 under endorsement No. HB/1811-13 dated 13-6-2018 and accordingly paid Rs 64000 as building fee which got registered in Court of law dated 12-8-2018 with conditions remain the same as underlined in original lease deed dated 21-4-1988 except the owner was mandatory to pay service charges @ Rs 1 sqft and no transfer fee
Building officer Kaplil Sharma and Surveyor during their visit at site didn’t take cognizance of existing commercial hall construction on residential plot with no visible indication of residential construction besides two shops and out of way recommended modification of existing ground floor and construction of two more floors in the month of July 2024 against JMP-2032 and Unified Building Bye-laws 2021
GY CORRESPONDENT
jammu, sep 12
It is an established fact lack of serious intention on part of law enforcement agencies always results in mockery of established norms framed primarily to stop wrong doings . Same thing is true as far as Jammu Municipal Corporation’s functioning is concerned whose delayed action and ignoring action when it needs the most have resulted in boom in unauthorized constructions in Channi Himmat Housing Board Colony where there are hundreds of land use change violations due to dereliction of duty on part of JMC enforcement staff which ultimately create unnecessary litigation issues wasting precious time of Hon’ble Courts and also disturbing peace of law abiding citizens whose peace get shattered due to callousness of JMC. To put things in right perspective, one Satpal Khajuria r/0 28-A Extension Gandhi Nagar Jammu purchased a another housing board corner residential plot 66/5 measuring 40×80 (3200 Sqft) with size 297.29 in Channi Himmat Housing Board colony in 1988 on lease basis. The owner in the year 2004 raised commercial Hall with basement without maintaining setbacks except front side and didn’t leave 6.5 mtr from backside and side-1 6.5 mtr by not constructing bedroom, drawing room, living room, dining room and kitchen and towards backside constructed two shop and keeping its front towards internal road of colony covering nearly 2500 Sqft against total plot area 3200 Sqft and was entitled only 55% (1760 sqft) construction area besides extending 2 ft gallery towards public road side
However despite commercial hall construction on residential plot , the owner somehow managed to get free hold rights of residential plot from lease hold rights vide Housing Board order No. 201 of 2018 dated 13-7-18 under endorsement No. HB/1811-13 dated 13-6-2018 and accordingly paid Rs 64000 as building fee which got registered in Court of law dated 12-8-2018 with conditions remain the same as underlined in original lease deed dated 21-4-1988 except the owner was mandatory to pay service charges @ Rs 1 sqft and no transfer fee.
Sadly both Housing Board/JMC enforcement staff deputed at that time didn’t take any action and the owner very easily managed to raise commercial hall on residential plot in the year 2004-2005 and also managed to get free hold rights. Meanwhile the owner applied for further construction of two floors and also modification of existing ground floor vide Application No. JMC/2024/7596 dated 18-4-2024 which the JMC forwarded concerned Govt departments for NOCs and somehow the owner managed to get site plan approved from JMC as the Building officer Kaplil Sharma and Surveyor during their visit at site didn’t take cognizance of existing commercial hall construction on residential plot with no visible indication of residential construction besides two shops in backside and out of way recommended modification of existing ground floor and construction of two more floors in the month of July 2024.
According to proposed site plan , the owner was allowed modified basement floor 38.35 Sqm, modified ground floor 163.26 sqm (1757 Sqft), proposed first floor 163.26 sqm and proposed 2nd floor as 100.09 sqm (1077 Sqft), open area of plot as 134.03 Sqm (1443 Sqft) besides coverage of ground floor as 54.91% against total plot area 3200 Sqft. The owner started modification of ground floor from August 15 2024 and infact resorted to more violative construction by keeping lift provision adjoining with stairs on ground floor and openly declaring commercial construction and not at all modifying violated ground floor construction as there were no partition walls and whole of the ground floor has been raised on strong RCC Pillars and now at present undergoing first floor commercial on RCC Pillars exactly the same as violated ground floor measuring 2500 sqft with three large size windows towards front side and equal number of windows towards other side having internal approach road of colony. All this put serious question mark on sincerity and credibility of enforcement staff deputed in Channi Himmat area who have deliberately closed their eyes and openly allowing such violated construction in lieu of illegal gratification after promising that no violation reports will be conveyed to concerned JMC Bosses against spirit of JMP-2032 and Unified Building Bye-laws 2021.
In light of above, Commissioner JMC the way he started field visits immediately after taking charge should also visit sites undergoing commercial construction on residential plots and seriously ask concerned enforcement staff what were they doing when such a violated construction was going on and why as on date they didn’t report violations at initial stage. Until and Unless it is done there will be no curve on unauthorized constructions and the enforcement staff will continue to damage objective of JMP-2032 and Unified Building Bye-laws 2021 by joining hands with potential violators which in turn will convert Channi Himmat Housing Board Zonal Planned colony into concrete Jungle which will be huge curse for law abiding citizens who have purchased these Housing Board plots to live with peace and dignity.
