Meantime the owner has started changing dimensions including closing stilt floor by installing three big iron gates with compound wall covering stilt floors along with installation of Tube-well without PHE permission and separate stairs for convenience of flats owners which means that JMC deliberately shielding violative construction of owners
JMC instead of taking appeal of J&K Special Tribunal order wherein owners clubbing two separately approved residential site plans and constructing commercial flats without maintaining setbacks seeking compounding of violations against approved site plans at old village Channi Himmat, Ward-51 Sector-3
There was quite a leniency on part of enforcement staff which failed to bring serious violations at the initial stage of construction before the higher concerned JMC authorities and as a result of which matter finally reached Special Tribunal wasting time and energy
As per JMP-2032 & Unified Building Bye-laws 2021 while granting stilt floor approach road should be at least 20 ft in width, but in the present case approach road was nearly 15 ft which was not taken care of at time of approving site plans by JMC
JMC under public pressure when commercial flats on residential plots was nearing completion, JMC served both husband and wife BOCA notices under section demolition notice 7(3) but not mentioning actual violations to shield owners
Surprisingly during re-measurement, JMC sent Surveyor and Enforcement Inspector who had allowed violations and had wrongly projected violations to save owners violated constructions. This resulted further decrease in projected violations which was earlier above 10% now projected 5.1% to pave way for owner to get their violations compounded if owners approach Tribunal and also it was not mentioned that that owners had left nothing from backside
Special Tribunal in its historical decision observed that both owners have conveniently been able to hoodwink stipulations of Building Bye-laws. The owners under garb of raising residential buildings by seeking two separate sets of building permissions managed to take maximum advantage as was possible under Building Bye-laws for maximum ground coverage
If the owners were to seek single permission for construction of single building in two plots with a combined area of 2680 Sqft, they would only have got permission to cover 65% of floor area but by adopting the novel method, they have been able to get permission to cover almost 75% of floor area
GY CORRESPONDENT
jammu, apr 27
Raja Aninder Singh Jamwal husband of Veneeta Jamwal purchased a piece of private land for residential purposes measuring 1340 Sqft under Khasra No. 429 Min old village Channi Himmat, Ward-51 Sector-3.Then Raja Aninder Singh Jamwal husband of Veneeta Jamwal purchased another residential plot on his wife name in the same location adjoining with private residential house 44/P Sector-3 also falls under Khasra No. 429 Min in front of J&K Housing Board residential Plot 558/3 having 15 ft village road. Raja Aninder Singh Jamwal accordingly applied for approval of site plans for residential purposes from JMC and got approved same vide No. 1141/JMC/BS/2020 dated 16-2-2021. According to approved site plan, the owner was allowed stilt floor measuring 923 Sqft as Stage-1st approved site plan and accordingly paid developmental charges including labour cess. Similarly Raja Aninder Singh Jamwal got approved another site plan in his wife name vide No. 1077/JMC/BS/2020 dated 10-2-2021 and allowed 870 Sqft stilt floor as Stage-1st approved site plan. Both husband wife were mandatory to observe setbacks namely front-8.3” and rear side 5’ and height of building was set as 32 Ft. It deserves mentioning here that while granting stilt floor the approach road should be at least 30 ft in width, but in the present case the approach road was nearly 15 ft which was not taken care of at the time of approving site plans by the town planner, JMC.
Further in case of Raja Aninder Singh Jamwal was asked to leave open space 417 Sqft and his wife was asked to leave open space 470 Sqft with height 8 ft from the road level from floor level to underside of slab which was technically wrong. But against established norms both husband and wife clubbed both the residential plots as one with the help of Assistant Enforcement officer Sunil Gupta and then Enforcement Inspector Ram Khajuria deployed in Ward-50 against approved site plan and JMP-2032 guidelines. As a result of which the owners did not observe mandatory setbacks and left nothing from backside by covering hundred percent area whereas they were mandatory to observe 65 ft after clubbing both residential plot as one. The owners raised stilt ground floor measuring 2400 Sqft whereas they were only entitled 1793 Sqft. However despite serious violations during stage-1st approved site plan, the owner managed to get Stage-2nd site plan. Raja Aninder Singh Jamwal got approved Stage-2nd site plan vide No. 790/JMC/BS/2021 dated 30-9-2021 allowing three floors of equal length and breadth with height 32 ft above stilt floor which was also technically wrong which means that Chief Town Planner wrongly approved site plan. Similarly Veneeta Jamwal got approved Stage-2nd site plan vide No. 789/JMC/BS/2021 dated 30-9-2021 and raised same construction as by Raja Aninder Singh Jamwal . Surprisingly then Building Officer Braham Dutt and Surveyor from JMC visited site after approval of stage-2nd site plan and in their report maintained that the stage-1st construction has been done in accordance with approved site plan of both the residential plots clubbed by husband and wife dated 21-9-2021 whereas on the ground there were serious violations as mentioned above during Stage-1st construction in lieu of illegal gratification.
However JMC under public pressure when violated flats ( Stilt plus three floors) on residential plots making land use change on residential plots as commercial was nearing completion, JMC served both husband and wife BOCA notices under section 7(3) dated 7-3-2022 vide No. MJ/CEO/64/3/21 and his wife vide No. MJ/CEO/65/3/21 dated 7-3-2022 separately by Assistant Enforcement Officer and Secretary Incharge BOCA Authority . As per BOCA notices issued the violations projected include , Raja Aninder Singh Jamwal was allowed 923 Sqft stilt floor but constructed 982 Sqft, first, 2nd and third floors were allowed 923 Sqft each but constructed two floors 1028 Sqft each and third floor as 930 Sqft and rear side was to be left nearly 5 ft but not left by owner.Similarly wife of Aninder Singh Jamwal Veneeta Jamwal ‘s violations were projected as Veneeta Jamwal was allowed 870 Sqft stilt floor but constructed 932 Sqft, first, 2nd and third floors were allowed 870 Sqft each but constructed two floors 1009 Sqft each one floor as 938 Sqft and rear side was to be left nearly 5 ft but not left by owner. Also it was mentioned that staircase was common at the site after clubbing both residential plots and constructed commercial flats but there was no mention that bpoth the owners have constructed commercial flats after getting residential approved site plans and percentage of violations was 11.37 %.
Both the owners against these BOCA notices approached JMC with application that violations made by them will be demolished by them and fresh measurement may be done. Then Secretary BOCA Authority Ward-51,JMC Atul Gupta accordingly sent Surveyor and Enforcement Inspector for re-measurement surprisingly they both were the same who had allowed violations and had wrongly projected violations to save owners violated constructions. This resulted further decrease in projected violations which was earlier above 10% now projected well below 10% that is 5.1% to pave way for owner to get their violations compounded if owners approach Tribunal and also it was not mentioned that that owners had left nothing from backside. It deserves mentioning here that re-measurement violations report was not signed by competitive authority. Both the owners separately approached Special Tribunal Bench-II dated 29-3-2022 and got status Quo order on 31-3-2022.
The Special Tribunal in its historical decision dated 3-2-2023 under STJ/92/2022 and STJ/91/2022 hearing both the appeals by husband and wife making joint decision observed that both the owners have conveniently been able to hoodwink the stipulations of the Building Bye-laws. The owners under garb of raising residential buildings by seeking two separate sets of building permissions, the owners have managed to take maximum advantage as was possible under Building Bye-laws for maximum ground coverage. The owners constructed common building with common approach and a common staircase. The Tribunal observed that building appears to be multiple residential units enveloped in a single building which is nothing but residential flats in a common building. If the owners were to seek single permission for construction of single building in two plots with a combined area of 2680 Sqft,they would only have got permission to cover 65% of floor area but by adopting the novel method ,they have been able to get permission to cover almost 75% of floor area.. The Tribunal further said that this aspect has mysteriously gone unnoticed by the BOCA and its field staff or seems to have been conveniently glossed over by them just to facilitate the owners. With these observations, Special Tribunal Bench-II disposed off both appeals filed separately by both husband and wife. As for as land use is concerned, though permission for residential use has been taken, it is likely that buildings shall be put to commercial use as it appears to be multiple residences in the common building that would convert it into commercial building in the shape of residential flats. In that event, their being change of land use, the unauthorized construction can’t be compounded. In the light of above facts, JMC Commissioner should take serious cognizance of this and also the observations made by special Tribunal with regard to functioning of field staff of JMC and accordingly should take befitting action to avoid further shame and provocation. Tribunal strongly maintained that there was quite a leniency on part of enforcement staff which failed to bring serious violations at the initial stage of construction before the higher concerned JMC authorities and as a result of which matter finally reached Special Tribunal due to no timely action by JMC field staff against owners while they started violative constructions after clubbing both their residential site plans approved separately by JMC.
Both the owners after Tribunal’s judgement approached JMC for compounding their violations which as per reliable sources is beyond jurisdiction of legal section of JMC as commercial flats have been constructed after getting approved residential site plans in residential area. As a result of which compounding file application of owners remained with Rakesh Gupta,Joint Comm., ACEO, JSCL, Secretary JMC Incharge BOCA Authority for a considerable time. But now sources have informed that both the owners have yet again moved an application before JMC to demolish projected violations including raising separate stairs and also have appealed for fresh measurement of violations. All this has been done earlier also when earlier measurement was done and with the help of corrupt enforcement staff decreased violations and the same will definitely be done now also as the stage is all set to give go-ahead to violated commercial flats on residential plots.
Meantime the owner has started changing dimensions including closing stilt floor by installing three big iron gates with compound wall covering stilt floors along with installation of Tube-well without PHE permission which means that JMC deliberately shielding violative construction of owners. This is evident from the fact that when RTI application was filed dated 11-3-2023 to seek information about proceedings of the case after Tribunal’s judgement, Secretary JMC Incharge BOCA Authority replied that matter pertains to legal section of JMC but on the ground JMC extending every possible help to owners to save their commercial flats.
