Owner didn’t observe mandatory setbacks including front-21.6 ft, Side-1, 10ft, Side-2nd , 6.6 ft, Rear- 10 ft, height of building 33.5 Sqft by covering setbacks area to manage more coverage against permitted construction as per approved site plan
Owner even constructed two stairs on either side of plot which were mandatorily to be left as per JMP-2032 and Unified Building Bye-laws 2021 and also covered nearly 65% plot area on three floors. When all this was going on, JMC didn’t take any action against owner
Moreover NOCs obtained by owner from different departments were conditional, for example Town Planner Organization granted NOC on condition that proposed construction conforms with JMP-2032 and also subject to clearance from Housing Board regarding status of strip in front of plot but JMC approved site plan without any clarification from Housing Board
JMC enforcement staff standing rock solid with owner and despite visible violations of land use change from residential to commercial, they have deliberately shut their eyes and ears may be after striking handsome deal with owner for getting their unfair patronage at the cost of JMP-2032 and Unified Building Bye-laws 2021
GY CORRESPONDENT
jammu, oct 6
Notwithstanding Social/RTI Activists and Print Media have echoed their deep concerns over the illegal constructions occurring in Municipal areas, Commissioner JMC, Mayor and other concerned are delivering lectures on the topic “Brastachar Mukt Bharat” but these lectures are mere hollow and eyewash as those at the helm of affairs are allegedly involved in this mismanagement and corruption. Commissioner JMC only issue notices to eyewash the high-up’s and do not take action against violators. If the action is taken on information provided by media personals, then what is duty of JMC officials? The live example of this is one Ritu Gupta wife of Mahavir Gupta r/o Talab Tillo, 353 Vikas Lane Jammu purchased residential house having ground floor and first floor of residential corner plot 62 B/B Gandhi Nagar Jammu in Ward-21` measuring 10 Marlas (2700 Sqft) from Ravi Kumar Gupta s/o Chuni Lal Gupta r/o Talab Tillo costing worth crores and accordingly same got registered in her name in Court of law on 21-10-2019. Similarly Ritu Gupta purchased another portion of residential house having single story of residential plot 62 B/B Gandhi Nagar Jammu measuring 9.12 Marlas (2600 Sqft) from Pankaj Jain s/o Muni Lal Jain and same got registered in the name of Ritu Gupta and Ravi Kumar Gupta dated 23-1-2016 in the court of law. However owner purchasing two portions of residential house separately but applied for approval of site plan by clubbing both the portions and also by clubbing both portions the area as per sale deed was 5300 Sqft but as per approved site plan the area of residential house shown as 5400 Sqft. Surprisingly Ritu Gupta while applying for approval of site plan didn’t mention name of Ravi Kumar Gupta who was also co-owner of 2nd portion of residential house purchased by Ritu Gupta in the year 2016. Accordingly JMC passed site plan vide No. 701/JMC/BS/2021 dated 24-8-2021. According to approved site plan, the owner was allowed ground floor 2247.75 Sqft, Porch-180 Sqft, first and 2nd floors 2247.75 Sqft each, coverage area kept 44.95%. The owner was mandatory to observe front-21.6 ft, Side-1, 10ft, Side-2nd , 6.6 ft, Rear- 10 ft, height of building was fixed as 33.5 Sqft and accordingly owner deposited building Rs 16276 for permitted area. However owner with help of enforcement staff deputed in area started commercial construction on residential plot by not observing mandatory setbacks and at present completed three floors violated construction neither from front side nor from backside and extending galleries also besides stairs from backside . The owner even constructed two stairs on either side of plot which were mandatorily to be left as per JMP-2032 and Unified Building Bye-laws 2021 and also covered nearly 65% plot area on three floors. When all this was going on, JMC didn’t take any action against owner. It deserves mentioning here that JMC under public pressure served owner an eyewash BOCA notice under section 7(3) and minor demolition was done in case of extended gallery but violated building remained intact. Moreover NOCs obtained by owner from different departments were conditional, for example Town Planner Organization granted NOC on the condition that proposed construction conforms with JMP-2032 and also subject to clearance from Housing Board regarding status of strip in front of plot and also exiting building to be demolished as proposed by owner. But site plan approved without strip clearance from Housing Board. By visiting site, it is ample clear that owner has constructed ground floor commercial hall as right now three steps iron sheets gate have been installed on ground floor which later on will take shape of big iron shutters. Moreover first and 2nd floors from no angle seem residential construction as both floors have stairs outside which are rarely done in residential multi story houses. Now finishing work is going on but JMC still in no mood to take action against owner what to think of serving any BOCA notices and taking follow-up action after serving BOCA notice to owner under Section 7(3). In light of above one thing is sure that JMC enforcement staff standing rock solid with owner and despite visible violations of land use change from residential to commercial, they have deliberately shut their eyes and ears may be after striking handsome deal with owner for getting their unfair patronage at the cost of JMP-2032 and Unified Building Bye-laws 2021. JMC Commissioner now should come out of office as now there is not that much heat outside and should personally visit those sites where violations are being highlighted by Print Media and should fix responsibility lest JMP-2032 should fail also and no future Master plan will be able to bear this huge unauthorized constructions going on within Municipal areas.
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- JMC enforcement staff takes action against 50% violator of land use change Kala Mahajan from residential to commercial but spares action against 100% violators Rajinder Sharma & proprietor of Monte Carlo on private properties falling under Khasra No. 427, Ward-51, Sector-3 Channi Himmat Colony by only sealing premises of Kala Mahajan under JMC Act 2000 and avoiding action against other two potential violators adjoining with each other setting example of open favourtism and nepotism derailing sincere efforts of Commissioner JMC to establish top transparency & accountability in JMC functioning
- 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