Enforcement Inspector was duty bound to prepare a serious violations report of land use change from residential to commercial changing dimensions in approved site plan at site and on the basis of which the owner should have been served BOCA notices under relevant sections of COBO Act 1988 but allowed owner to continue raising enhanced violated construction
With help of Enforcement Inspector, owner didn’t construct Porch measuring 157 Sqft and instead kept provision of stairs and lift to arrive at first floor onwards and also continued violated construction on first floor in garb of porch area
Owner was mandatory to observe setbacks including Front 18 Ft but left 14 ft but extended 4 ft gallery having no mention of any such gallery in site plan, side-1, 6.5 Ft, Rear (Backside) 6.5 Ft with height of building 36.5 ft but none of setbacks observed making land use change
Owner also produced an undertaking before JMC during approval of site plan that he will raise only residential construction as per approved residential site plan vide Affidavit No. BZ922538 dated 29-1-2020 but contrary to undertaking in affidavit raised completely commercial construction after getting approved residential plan on residential plots
GY CORRESPONDENT
jammu, apr 21
Notwithstanding highlighting serious violations going on at plot No. 211/2 Channi Himmat Colony main road in print Media by Golden Yug daily English Newspaper dated 11-4-2023 edition with pictures indicating serious violations of land use change from residential to commercial, JMC instead of taking action against owner, JMC Enforcement Inspector Jasbir Singh allowed owner to constructed another violated floor without maintaining setbacks and against approved residential plot which is visible in pictures as clicked on 21-4-2023 by shaking hands with owner after striking handsome deal with owner to let him continue with violated construction by allowing owner construction of first floor on porch area and right now heading towards construction of 2nd floor using porch area which is not at all allowed as per approved site plan and also as per JMP-2032. Whereas Enforcement Inspector was duty bound to prepare a serious violations report at the site and on the basis of which the owner should have been served BOCA notices under relevant sections of COBO Act 1988
It deserves mentioning here that a residential plot 211/2 on main road side of Channi Himmat Govt Housing Colony measuring 40×80 Sqft near Lakshmi Traders in Ward-50 owned by Narinder Singh who purchased it from original alottee Sheikh Mohd Ahmad on 23 March 2018 and some got transferred on his name from J&K Housing Board vide No.HB/334-36 dated 18-4-2018. Accordingly owner applied for approval of residential site plan from JMC and accordingly passed the residential site plan vide No. 986/JMC/BS/2019 dated 16-3-2020 allowing owner ground floor 1595 Sqft plus Porch area 157 Sqft,First and 2nd floor 1525 Sqft each and open area 1448 Sqft. The owner was mandatory to observe setbacks including Front 18 Ft but left 14 ft but extended 4 ft gallery having no mention of any such gallery, side-1, 6.5 Ft, Rear (Backside) 6.5 Ft with height of building 36.5 ft and accordingly paid labour cess Rs 57624 and Rs 11356.
The plinth work of this violated commercial structure was undertaken during tenure of then Enforcement Inspector Varun Kesar. As the site plan was valid for three years and as a result of which this site plan got lapsed on 15-3-2023 as the site plan was approved on 16-3-2020. The owner however started construction in Dec 2022 against approved site plan by raising commercial construction after getting site plan approved for residential purposes without maintaining setbacks including backside which was to be left nearly 6.5 ft but not left by owner, side-1 was also covered. This resulted in blockade of ventilation and sunlight of adjoining residential house of late Kartar Singh which is gross violation of fundamental right of Kartar Singh who has been unnecessarily made to suffer by owner by covering maximum area from backside.
Moreover the owner constructed three floors, ground plus two floors all in equal size covering nearly an area of more than 6600 Sqft against allowed 4645 Sqft including three floors and porch area. As per approved site plan, the owner was to construct porch covering 157 sqft but constructed 300 Sqft and the same was to be constructed by stepping back from verandah but constructed it parallel to verandah. It deserves mentioning here that the construction is going on as per site plan approved dated 16-3-2020 which stands lapsed but continuing construction by completely changing internal and external dimensions including constructing stairs inside to reach first floor and onwards which as per approved site plan was not allowed of lapsed site plan with help of Enforcement Inspector deputed in Ward-50 Jasbir Singh and as a result of which after extending galleries from front side and thus raising altogether commercial construction on residential plot making land use change which is strictly prohibited under JMP-2032 and Unified Building Bye laws-2021.
Worthwhile to mention here that owner also produced an undertaking before JMC during the approval of site plan that he will raise only residential construction as per approved residential site plan vide Affidavit No. BZ922538 dated 29-1-2020 but contrary to undertaking in affidavit raised completely commercial construction after getting approved residential plan on residential plot.
It deserves mentioning here that at the time of starting construction demarcations shall have to be given in presence of authorized JMC officials and in case of deviation to the sanctioned plan or change of use of premises, the building permission issued shall be deemed cancelled but sadly all these guidelines were not observed by concerned JMC officials resulting in commercial construction on residential plot. Jammu Municipal Corporation has badly failed in curbing unauthorized constructions within its jurisdiction despite bringing the same before the concerned authorities well in time by locals and also by Activists besides timely informing Enforcement staff deputed in the area at the initial stage of violation but staff instead of performing their duties have only helped and supported violators by getting handsomely paid by them.
