Owner of residential plot 66/5 Channi Himmat Ward-50 reaches shuttering level work of first floor at par with existing violated ground floor 2500 Sqft against entitled 1757 Sqft with two shops backside without getting site plan approved from JMC due to non-reporting of violations by concerned Enforcement staff deputed in area

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 20
Golden Yug daily English Newspaper published a detailed story along with pictures that one Satpal Khajuria owner of corner residential plot 66/5 measuring 40×80 (3200 Sqft) with size 297.29sqm in Channi Himmat allotted by Housing Board in 1988 on lease basis is raising unauthorized commercial construction of first floor commercial measuring 2500 Sqft on existing violated ground floor when the owner was entitled to 55% (1760 Sqft ) under Unified Building Bye-laws 2021 also measuring 2500 Sqft without maintaining setbacks and also constructed two shops from backside on ground floor on 13-9-2024. As a result of which JMC enforcement stopped the work on same day of publishing of this story. Meanwhile in a RTI application filed dated 21-8-2024 to seek list of approved site plans both residential and commercial from 10-8-2024 to till date but surprisingly the list had no mention of site plan approved in favour of owner of 66/5 when he started construction of first floor. It deserves mentioning here that even earlier list sought by to have list of approved site plans there was also no mention of any site plan approved in favour of Satpal Sapolia owner of 66/5. Worthwhile to mention here that the owner however had applied for approval of further construction on existing ground floor vide application No. JMC/2024/7596 dated 18-4-2024 which was not approved by JMC but JMC however received NOCs in favour of owner to raise further construction of two floors on the existing ground floor . Surprisingly the owner without getting site plan approved from JMC on the basis of NOCs from other concerned departments started construction of first floor from Aug 15th 2024 onwards and raised it to shuttering level and at present shuttering is laid on first floor. Sources have disclosed that the owner had also submitted an undertaking on affidavit that before start of further construction of two floors he will dismantle existing violations on ground floor but the owner didn’t dismantle anything and infact raised exactly the same first floor commercial measuring 2500 Sqft at par with 2500 Sqft existing ground floor when owner was entitled only 1757 sqft. 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.It deserves mentioning here that 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% (1757 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.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 allowed violated construction of first floor where at present shuttering is well placed on first floor without seeking a copy of approved site plan from owner which was their first and foremost duty to check whenever any construction starts whether residential and commercial to ensure every construction is raised strictly in accordance with approved site plan. This is serious development as why enforcement staff didn’t take any action against owner when walls and RCC Pillars were being raised on existing violated ground floor and also extending galleries towards internal road side without approval of site plan from JMC. In light of above the unauthorized construction of first floor deserves to be dismantled for raising the same without getting it approved from JMC. Commissioner JMC who has rightly suspended enforcement Inspector Gagan Kumar deputed in Ward-50 for not reporting serious violations at residential site 170/3 Channi Himmat after Golden Yug daily English Newspaper published story highlighting serious violations ignored by him. JMC Commissioner should follow suit in case of other enforcement Inspectors who are habitual of shielding unauthorized constructions by not reporting the violations at the initial stage and working against the guidelines of JMP-2032 and Unified Building Bye-laws 2021.