India

No letup in violative structures in Channi Himmat residential area

golden yug
[ September 21, 2017 ] Jammu Municipal Corporation (JMC) has been friendly with violators of Jammu City Master Plan 2032 by intentionally creating loop holes to provide safe passage to all who are well acquainted with weak points of Corporation and weak links of official concerned. They know that money makes the mare go prevails in JMC as keeping money with them can afford desired results from JMC.As per the JMC record Nitasha Jamwal had purchased a plot measuring 40x80 Sqft from Parveen Kumar original allottee S/o Kulbushan in 2015. As per the approved site plan vide No. 485/BS/16 Dated 27-12-2016, the owner was allowed to construct ground floor 1620 Sqft (55% of plot area), first floor 1440 Sqft and second floor 1440 Sqft with mandatory following of setbacks including Front-20Ft, Side-10Ft, Rear-10Ft. However what has been done with most of the approved site plans under the patronage of JMC officials, in this case also during construction none of the setbacks were followed and contrary to approved site plan, the owner constructed commercial hotel ignoring all the norms and the permission which he was having in approved site plan. This is highly unfortunate on part of JMC that despite bringing into its kind notice that the owner is constructing a hotel against the approved site plan, the enforcement wing of JMC instead of taking action against violator, infect provided full support to violator and as a result of which JMC did not serve the violator the COBO notice. It is disappointing on part of JMC which has the responsibility to ensure that every construction which take place under its jurisdiction must be in accordance with Jammu City Master Plan 2032 and that no violator should be encouraged to go against established system and set norms has openly and brazenly allowed the violation by taking huge kickbacks at the cost of serious damage to Master Plan which is beyond the thinking of honest citizens of the area who abide by laws and have purchased plots for leading peaceful and dignified life. Notwithstanding the fact that there were hundreds of violations under Jammu City Master Plan 2021, JMC deliberately made mockery of this by allowing changing’s as per the convenience of violators and even in several cases residential site plans were converted into commercial openly violating all norms in lieu of huge kickbacks. Now Govt has come out with new Jammu City Master plan 2032 came into force vide SRO No. 90 dated 3-3-2017 but the question remains will this make any difference in the hearts and minds of all those who have a responsibility on their shoulders to ensure that every construction in and around Jammu city be in line with Jammu city Master Plan. From the past experience, the answer is no especially when hundreds of buildings have been constructed against the previous master plan 2021. JMC has the power under J&K Control of Building Operation Act (COBO) under Section 7(1), 12(1), 7(3) has turned out to be a boon for corrupt JMC which issues notices under the Act selectively to save their skin whenever protests or voice raised against their wrong doings and unnecessary illegal support to violator is given by them at the cost of Jammu City Master Plan. The truth is also this that after sending COBO notices selectively it helps the violators by showing poor defense thus surrendering in favour of violators which have been proved only eye wash. Infect JMC staff acquaints the violators with the loop holes how to give slip to established rules and also ensures its support initially when any violative building construction starts. In most of the cases it has been observed that JMC initially extended support to violators to raise violative structure and then takes cosmetic actions which later prove mere eyewash resulting in immense suffering to innocent people who are made to suffer for none of their fault and also result in loss to Govt exchequer. JMC’s lethargic approach towards violative constructions is not new as another commercial structure is being raised on residential plot by owner Natasha Jamwal of plot No. 168, Sector 7 Channi Himmat Jammu by paying in crores. The plot has been bought from original allottee Parveen Kumar Gupta S/o Kulbushan Gupta having an area of 40x80 Sqft. The construction started in April this year after the owner Natasha Jamwal solemnly affirmed and declare that she is undertaking construction for residential purposes vide Affidavit No. BE278058 Dated 18-10-2016 duly attested by First Class Magistrate but she did not act on it and went for commercial construction in form of Restaurant Villa. Besides the owner also given in writing on affidavit that before going for new construction as per new site plan approved on 27-12-2016 that she will dismantle the existing construction on Plot No. 168/7 vide affidavit No. AZ673222 Dated 23-11-2016 bit also in this case she did not act as per her affidavit. Despite all this in public domain when the series of deputations from the area approached JMC and even Commissioner too and was apprised with the violations by presenting the latest pictures of violations by owner in the month of May 2017. Consequent upon this, JMC Commissioner taking serious cognizance of the violation on the spot directed the enforcement wing to stop the ongoing construction against the approved site plan. The direction by Commissioner proved mere eye wash as the enforcement wing till date did not take any action following which construction continued and which is in progress at the time of writing this story. The sad story did not end here as not only violator went on with violation but caused serious loss to exchequer by submitting fee for residential structure and building full-fledged commercial structure. JMC’s no action against violator is the self evident proof that once again action is not being taken as they must have undergone setting with the owner to allow him raised violative structure. Right now construction and plaster work is in progress and so far JMC has not taken any action against the violator. Now the two more floors each measuring 3000 Sqft each have been raised making total as three floors from ground. Moreover the dispatch register is deliberately kept blank by JMC to suitably adjust the violator and if situation arises to save their skin by not acting against violator, back date notices could be issued to violators after hue and cry is made by general public. It is pertinent to note here that Govt’s intervention is must to check such violation which will definitely create immense problems in future as they are likely to create chaos and confusions once the new master plan 2032 is actually implemented on ground. JMC on the other hand need to introspect its working and need to take action against wrongdoers immediately otherwise in no time there will be uneasiness among those people who have bought these residential plots to lead a comfortable life. JMC must ensure that no construction is undertaken against approved site plans and must take action at the initial stage to save time and money of both JMC and the violators. It is painful to note that despite the engagements of considerable staff at the disposal of both JMC and JDA besides Housing Board staff of both the organizations has miserably failed to stop open violations and have become more of liability as they are being paid handsomely from the tax payers hard earned money. It has been observed in most of the cases that whenever matter of violation reaches Court, JMC has always been found on the side of violator by misguiding Court by not producing the credible documents to ensure that violators are punished. In the light of above facts, the Vigilance enquiry is need of hour so that further violation of Jammu City Master Plan 2032 could be stopped and the guilty be punished who are playing dangerous game with Master plan in lieu of illegal gratifications by playing with future of coming generations who may find themselves in tight spot if violation continue to be ignored by JMC and ignored by other law enforcing agencies.