India

JMC biggest violator Jammu City Master Plan, facilitating commercial construction on residential

golden yug
[ June 20, 2017 ] Under the nose of authority JK Housing Board’s plots are on sale like hot cakes and in the process, the basic purpose of enabling homeless with a home has been lost into the greed of highly influential persons having dozens of plots on their name with the support of concerned authorities extending help to improve their fortunes resulting in deprivation of genuine people wanting a house legally and fairly. The concerned are so very actively involved in this nexus that rules no where applicable in any stream and there is rule of might is right and residential plots have been sold like ration items as per the mutual pattern of benefitting each other and strangulating the desires of genuine persons to have their own home in life. Basic rules which were framed at the time of selling plots to ensure transparency in the allotment by ensuring that genuine persons get the first opportunity for the plot has disappeared in the greed for making sale of plots a commercial venture sacrificing the very idea of cutting plots in the Channi Himmat area. Jammu Municipal Corporation (JMC’s) undue favour to influential persons and to others in lieu of illegal interests is not new when it comes to clearance of construction map on the site. This is however rampant in Channi Himmat area where several construction plans for several building both residential and commercial purposes in Channi Himmat have been approved without proper thinking and without going through the Nitty gritties of spot thereby befooling people of region on the one pretext or the other. In a yet another massacre of rules and regulations, JMC once again threw rule book to deep drain and ensured to full illegal support to Radha Krishan Gupta S/o Munshi Ram Gupta R/o Trikuta Nagar Jammu at plot No. 2 Sector 3 main road of the Colony and in front of Mint Leaf Hotel now attorney holder Sukhvinder Singh R/o Trikuta Nagar Jammu. There is one such examples where one residential plot No. 2 having size 30x55 ft Sector 3 Channi Himmat Housing Board till now has been allotted and realloted thrice. It is pertinent to mention here that as per the record the original allotter of the plot was Anil Wadhera S/o Bal Krishan Wadhera R/o Lakhdatta Bazzar in 1990. This plot was again sold to Radha Krishan Gupta S/o Munshi Ram Gupta in April 2002 and then sold to Sukhvinder Singh R/o Trikuta Nagar. Accordingly a site plan was approved by JMC Vide No. 1519/BS/09 Dated 24-09-2009 having ground floor 987 and first floor 987 Sqft and was directed to maintain setbacks including front 10’, sides 7’x12’ cutout and rear 8’ and the height of building should not be more than 29’.6 inch from the front of road level. As per the approved site plan, the owner was supposed to construct two bed rooms’ one drawing room two toilets kitchen lobby verandah and stairs case at ground covering an area of 987 Sqft against total area of plot 1650 Sqft and has to keep 663 Sqft open area in the plot as per the Jammu City Master plan. But the owner contrary to the approved site plan constructed commercial hall on residential plot there by violating lease deed and other codal formalities besides norms set by Housing Board. The commercial complex so constructed was without any windows and proper doors giving it a shape of commercial building at the first step. Not only this a big shutter in front aimed to give it look of shop was also installed.JMC taking serious note of violation served a notice to violator under Provision of Section 7(3) of J&K control of building of operation Act 1988 on 8-6-2010 popularly known as COBO Notice after locals in the area strongly protested the move by violator. The violator approached J&K Special Tribunal on 10-06-2016. The Tribunal in its judgment on 29-11-2010 compounded with direction to the appellant to pay Rs 45 per sqft for the violation of 338 Sqft committed by him however without clarification that violations were account of commercial or residential account. Again this was strongly resented by locals against the direction of Tribunal. Accordingly JMC went against the Tribunal’s verdict in High Court under OWP 344 of 2011. JMC in its submissions in the Court viewed that bare perusals of these regulations show that any construction raised in violation of master plan of Jammu city or town planner scheme, permissible front, rear or side setbacks and height prescribed in the bye laws and more than 10% of the permissible ground coverage is violate of regulation of 11 J&K Control of building operation regulation 1998 and is not compoundable. JMC was of the opinion that the violator violated the norms of setbacks of the plot area permissible ground coverage more than permissible area from residential to commercial which are all major offences and not compoundable . The case is still under trial in the High Court but the present Khilafwarzi staff , prominent among those was recently retired Khilafwarzi Inspector Gulab Din who ensured every possible help to violators also helped in this case and allowed the violator to carry on the construction when the matter was in the Court and the construction was stayed. Not only had this after strongly reprimanded by authorities and people alike, the violator installed a shutter in the front side in violation and contempt of Court also. But again people protested and raised voice against JMC and actually forced JMC to take action against violator to do away with the shutter. JMC however took only cosmetic steps and did not take any serious notice of construction when the matter was already under the consideration of Court which proves without any doubt that JMC khilafwarzi staff is hand in gloves with violators. It is the duty of field staff of JMC to check the violation of site plan from the initial stage but what can be done when one has the support of field staff for raising construction by violating norms against city master plan. It has been observed that field staff of Jammu Municipal Corporation (JMC) who is expected to be very careful in their working have time and again misused their official positions for illegal gratifications. If they would have discharged their duties by stopping the illegal construction at its very inception, there could be no wastage of time, money and hectic litigative process in most of the cases. It has been seen of late that a select group of influential people has been violating Jammu City Master Plan with impunity from law. As there is virtually no official check on them, involvement of JMC staff is suspected. Jammu Municipal Corporation (JMC) has failed to stop the rampant illegal constructions mushrooming in the city and adjoining areas within the jurisdiction of Jammu Municipal Corporation. JMC first remains in deliberate deep slumber and hand in glove with the violators by allowing them to raise the illegal construction and then under pressure of RTI activists orders the demolition of illegal structures. However it is only on an RTI expose the JMC divulge that no action has been initiated against the influential violators while they were carrying out illegal constructions. Unfortunate part is that when a complaint is made before the concerned authority, they say that they have done nothing wrong and nothing wrong has been done and if anybody is having objection, the doors of Vigilance are open for them. Not only this when the violator reaches Court, JMC instead of telling the truth rather speaks in favour of violator and furnish wrong information resulting which violators get safe passage after violating several norms and that too at the cost of loss to exchequer. JMC known for taking only cosmetic steps whenever finds itself in tight spot, it makes few changes for the time being in its character to just kill the time but with regard to taking concrete action as per the law, it has been only in papers. First of all violators originally not submitted COBO notices but claimed already sent as the action under the COBO Act has never ever been visible on the ground which has been a matter of strong resentment among the residents of area where JMC allows and helps the violators. In this particular case when the JMC came to know about the decision of local residents planning to approach Vigilance Organization , the shutter giving the residential plot commercial shape was removed overnight to save the skin of corrupt officials who at the initial stage deliberately allow this to happen and when violated structure gets completed, creates numerous problems for locals and also the voluble time of competitive authorities is wasted in futile litigations which could have been avoided had the JMC nip the evil in the bud. Moreover like many other cases in this case also, JMC did not take any action against the violator and also mere removing the shutter for the time being is almost negligible action as the violator should have been booked under COBO Notice to ensure that no one dares going against the established norms but their photogenic action contrary to the working of JMC encourages and strengthen the morale of violators who know that money makes the mare go prevails in JMC.