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 and must introspect then how come stage-2nd site plans were approved which puts serious question mark on working of JMC enforcement staff.
The involvement of JMC enforcement staff in allowing construction of commercial flats after JMC approved residential site plans is evident from the RTI Reply by Enforcement Officer Anil Kashyap incharge Channi Himmat area vide covering letter No. JMC/Enf/139-42 dated 5-7-2024 that Enforcement Inspectors deployed in Channi Himmat area from time to time starting from Ram Khajuria, Gagan Kumar , Ashwani Kumar, Rattan Lal didn’t submit violations report when it was duty of Enforcement Officer to cross-check the working of Enforcement Inspectors especially when violated construction was thoroughly highlighted in print media along with pictures and also when aggrieved locals also highlighted the violated construction of commercial flats in residential area
Owners have conveniently been able to hoodwink the stipulations of Unified Building Bye-laws 2021, JMC Act 2000 and Jammu and Kashmir Real Estate Regulatory Authority (JKRERA) 2016 . The owners under garb of raising residential homes by seeking four different permissions ,the owners have managed to take maximum advantage as was possible under UBBL-2021 and facilitated them in taking permission for maximum ground coverage which otherwise would have not been possible.
By visiting site , the ongoing construction appears to be multiple residential units in shape of flatted accommodation enveloped in a single building which apparently is nothing but commercial, flats in a common building. In all this owners were entitled to 65% construction area but under the scheme of things they have covered construction area nearly 85%. The violated construction has mysteriously gone unnoticed by those who had the responsibility to implement guidelines of Unified Building Bye-laws 2021 under JMC Act 2000 besides Enforcement staff deputed in Channi Himmat area just to facilitate the underhand and camouflaged design of owners. The highlighting feature of ongoing construction is that it appears to be mirror image of each other
GY CORRESPONDENT
jammu, oct 11
The unfair favourtism and nepotism on part of JMC higher-ups in general including Senior Town planner and enforcement staff led by Enforcement Officer in particular is quite evident from the fact that this paper dated 3-8-2024 published a detailed story along with pictures indicating construction of flats after clubbing four differently approved residential site plans placed adjacent to each other and that JMC approved stage-2nd residential site plans when stage-1st construction clearly pointed 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 (10193 Sqft) area which is nearly 2 Kanal land which was supposed to be registered under Jammu and Kashmir Real Estate Regulatory Authority (JKRERA), 2016 against JMP-2032 and Unified Building Bye-laws 2021, JMC did nothing and as a result of which construction of flats going on swiftly under the nose of JMC Authorities as on date. To put the things in perspective, despite serious violations reported in stage-1st stilt floor construction including clubbing of four differently approved residential site plans and starting joint construction with common walls and pillars without maintaining mandatory setbacks, JMC hiding and ignoring serious violations which were not allowed neither under JMP-2032 nor Unified Building Bye-laws 2021 but clearly falling under purview of Jammu and Kashmir Real Estate Regulatory Authority (JKRERA), 2016 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.
Worthwhile to mention here that the Kingmaker of construction of commercial flats stilt plus three floors is well known builder Sahil Gupta s/o Om Parkash Gupta r/o Talab Khatikan Jammu and four differently approved site plans was mere eyewash to cover more area under construction and deliberately converting area into four parts but in reality he was the owner of whole of area on private land falling under Khasra No. 346 and 347 Min, Sector-2 Ward-51 village Channi Himmat adjoining with residence of old inhabitants of village Channi Himmat and which was indicated also as his wife name Sonali Gupta was figured out in all four differently approved site plans and the same was also well known to JMC and particularly JMC enforcement staff wherein at present stage-2nd violated construction is going on stilt floor and raising further Three floors under nose of JMC Authorities.
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 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.
Third 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.
Fourth 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.It deserves mentioning here that the owners as per approved four residential site plans were in occupation of total area as 10203 Sqft and total construction area allowed after adding four differently approved site plans was 6625 Sft and total combined open area was 3578 sqft but the owners at the site from stilt floor to three other floors actually covered nearly 8500 sqft
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 stage-2nd construction is in progress without maintaining mandatory setbacks and also without taking into consideration the mandatory requirement of approaching road width. It deserves mentioning here that despite serious violations in stage-1st construction, the Building Officer JMC in his report dated 28-5-2024 wrongly mentioned that the owners have raised stage-1st construction as per Unified Building Bye-laws 2021 norms and recommended stage-2nd construction when at the site four differently approved site plans were clubbed without maintain setbacks and also the mandatory width of approach road was not there and also didn’t mention that ongoing construction of stage-1st was against approved residential site plans which in turn ensured approving of stage-2nd approved site plans despite owners not maintain setbacks neither from front side nor from backside and that too within common compound wall proving construction of commercial flats and also closing approach road mentioned in key plan measuring 3 mtr on the basis of which site plans were approved completely changing internal and external dimensions and keeping main entry of half of portion from front side and another portion from backside.
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 and must introspect then how come stage-2nd site plans were approved which puts serious question mark on working of JMC enforcement staff.
The involvement of JMC enforcement staff in allowing construction of commercial flats after JMC approved residential site plans is evident from the RTI Reply by Enforcement Officer Anil Kashyap incharge Channi Himmat area vide covering letter No. JMC/Enf/139-42 dated 5-7-2024 that Enforcement Inspectors deployed in Channi Himmat area from time to time starting from Ram Khajuria, Gagan Kumar , Ashwani Kumar, Rattan Lal didn’t submit violations report when it was duty of Enforcement Officer to cross-check the working of Enforcement Inspectors especially when violated construction was thoroughly highlighted in print media along with pictures and also when aggrieved locals also highlighted the violated construction of commercial flats in residential area.
In light of above, one thing is clear that owners have conveniently been able to hoodwink the stipulations of Unified Building Bye-laws 2021, JMC Act 2000 and Jammu and Kashmir Real Estate Regulatory Authority (JKRERA) 2016 . The owners under garb of raising residential homes by seeking four different permissions ,the owners have managed to take maximum advantage as was possible under UBBL-2021 and facilitated them in taking permission for maximum ground coverage which otherwise would have not been possible. By visiting site , the ongoing construction appears to be multiple residential units in shape of flatted accommodation enveloped in a single building which apparently is nothing but commercial, flats in a common building. In all this owners were entitled to 65% construction area but under the scheme of things they have covered construction area nearly 85%. The violated construction as mentioned above has mysteriously gone unnoticed by those who had the responsibility to implement guidelines of Unified Building Bye-laws 2021 under JMC Act 2000 besides Enforcement staff deputed in Channi Himmat area just to facilitate the underhand and camouflaged design of owners. The highlighting feature of ongoing construction is that it appears to be mirror image of each other.
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 including stilt plus Three other floors at par with each other. 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 Jammu and Kashmir Real Estate Regulatory Authority (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 as this authority recently remained in media limelight for raiding various buildings but it is surprising why JKRERA didn’t reach site in question which was deserving fit case under JKRERA to take action against owners and also action taken by Authority has so far remained without any impact as nothing has come into public domain to serve it as deterrent for others not to venture into construction of flats in residential area.
