All these four residential site plans were wrongly approved by showing approach road width as 4.87 mtr (16 ft) whereas under JMP-2032 and Unified Building Bye-laws the approach shouldn’t be less than 20 ft and also when there is only thorough passage for villagers measuring nearly 10ft
Chief Enforcement officer, Zone-V in his reply to RTI application filed in this regard said that owners of all four plots have raised construction of first and 2nd stage as per approved site plans conveniently ignoring serious violations including land use change from residential to commercial
Then Enforcement Inspector Varun Kesar deputed in area deliberately submitted wrong report conveniently ignoring serious violations after shaking hands with violators for personal gains and same report was accepted by JMC higher authorities without cross-checking report of Enforcement Inspector Varun Kesar which shows that JMC enforcement Inspector is all powerful and whatever report he/she submits is true and further investigation into this is not at all required which is unfair to give undue power to enforcement Inspector.
As per JMP-2032 and Unified Building Bye-laws 2021, to cater to parking requirement in individual plotted residential houses, stilt floor shall be allowed within the building envelope and shall be exclusively used for parking for roads 6 mtr (20 ft) and above and the same conveniently forgotten while approving above mentioned for differently approved residential site plans
GY CORRESPONDENT
jammu, may 06
Kingpin Natasha Kohli wife of Diwakar Kohli has conveniently been able to hoodwink the stipulations of the Building Bye-laws. She under garb of raising residential buildings by seeking four separate sets of building permissions 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 common walls. These four differently approved site plans residential appears to be multiple residential units enveloped in a single building which is nothing but residential flats in a common building. If the main owner was to seek single permission for construction of single building in four plots, she 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. Surprisingly 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. 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 which would have other implications involved including that real estate regulations separately formulated under Real Estate Regulation Authority Act, apart from those contained in Unified Building Bye-laws, 2021 pertaining to flatted development.
It deserves mentioning here that JMC passed four different residential site plans stage 1st stilt floor only adjoining with old existing village Channi Kamala showing 4.87 mtr( 16 ft) width road which was their personal left out area as personal road whereas the maximum width of main road should have been 20 ft as per JMP-2032/Unified Building Bye-laws 2021 and also width of approach road was not mentioned in the key plan of approved site plan as there was no such approach road and the actual approach road width was mere 10 ft. Accordingly one of the site plans approved in the name of Rishu Gupta daughter of Raj Kumar Gupta having same Khasra No. 4 Min and even with same parameters as were in site plan approved in his name. The owner got approved residential site plan stage 1st vide No. 1317/JMC/BS/2021 dated 28-1-2022 having Khasra No. 4 Min measuring near about 4.5 Marlas but showing area 63.09 mtr and allowed her stilt floor 43.66 sqmtr and open area 19.43 mtr and front side 1.5 mtr. Diwakar Kohli son of Davinder Kumar Kohli vide No. 1318/JMC/BS/2021 dated 28-1-2022 showing area of plot 74 sqmtr and stilt floor 53 sqmtr with open area 21 sqmtr with front 1.5 mtr. Santosh Kohli wife of Davinder Kohli vide No. 59/JMC/BS/2022 dated 11-4-2022 showing plot area 74.84 sqmtr, allowing stilt floor 52.66 Sqmtr with open area 22.18 sqmtr , front open area 1.80 mtr and rear 1 mtr with height 2.5 mtr. Sudesh Kumar son of Mohan Lal got approved site plan vide No.JMC/BS/2022 dated 1-4-2022 showing plot area 89.84 sqmtr allowed 64.43 sqmtr ,open area 25.41 Sqmtr, front side area 1.80 Sqmtr, rear 1 mtr. It deserves mentioning here that approach road to these four differently approved site plans was nearly 10 ft which is settlement street as per revenue record of old village Channi Kamala in Ward-51 Sector-3 Channi Himmat Jammu but the same was deliberately wrongly shown as (4.87 mtr) 16 ft in approved site plans to ensure that these site plans are approved easily. Whereas as per Jammu Master Plan 2032 and Unified Building Bye-laws 2021 for stilt floor, the approach road shouldn’t less than 20 ft in width(6mtr). Unfortunately both Building officer and Surveyor despite knowing original width of approaching road to these plots ignored the same and recommended stage-1st construction stilt floor only and also then Enforcement Inspector Varun Kesar didn’t report these serious violations before higher authorities of JMC and claimed that construction is going on as per approved site plans.
Worthwhile to mention here that the kingpin Natasha Kohli wife of Diwakar Kohli who is already facing trial before Hon’ble High Court under OWP© No.4249/2019/Tribunal Bench-II for constructing two unauthorized commercial flats under Khasra No.4 Min in old village Channi which were sealed by JMC on 7-11-2019 under provision of section of 8(1) served vide No.JMC/CEO/206-08 dated 5-11-2019 of COBO Act 1988 and where she is still facing trial but JMC did not take any action despite the fact these flats were in addition to construction as mentioned above. However these above mentioned site plans were clubbed and joint construction was undertaken against approved site plans as at the site there was more area than shown in approved site plans and also while undertaking joint construction, mandatory setbacks were not observed and the aim of clubbing differently approved site plans was to cover more area at the cost of mandatory setbacks particularly from front and backside. It deserves mentioning here that in these differently approved site plans,the mandatory setbacks were different as two site plans were to leave space for setbacks front 1.50 mtr and other two were to leave 1.80 mtr, likewise two site plans were to leave 1 mtr as rear side and other two were not to leave from rear side but on the ground all these clubbed site plans are almost in identical symmetry with equal length, breadth and height with provision of stairs inside and common walls with different gates only which are flats in rural area of village Channi Kamala, Sector-3, Ward 51 Channi Himmat Housing Colony adjoining with plot No.434, Sector-3. It deserves mentioning here that despite serious violations in Stage-1st construction which was timely brought into kind notice of Enforcement staff deputed in Wards 50 & 51 (Enforcement Inspector Varun Kesar) by local residents but he did nothing showing close proximity with owners. The result of which was that JMC approved stage-2nd construction. The site plans approved as per stage-2nd residential construction falling under Khasra No. 4 Min in old village Channi Kamala in Ward-52 in name of Santosh Kohli wife of Diwakar Kohli vide No. 1385/2022 dated 26-9-2022 allowing owner three floors 65.57 Sqmtr each with front 1.80 mtr,Rear 1 mtr, Diwakar Kohli son of Davinder Kumar Kohli vide No. 1369/JMC/BS/2022 dated 20-9-2022 allowing owner three floors 53 Sqmtr each, front 1.5 mtr, Rishu Gupta daughter of Raj Kumar Gupta vide No.1370/JMC/BS/2022 dated 20-9-2022 allowing owner two floors 43.66 Sqmtr, front 1.5 mtr, Sudesh Kumar son of Mohan Lal got approved site plan vide No.JMC/BS/2022 dated 1-4-2022 showing plot area 89.84 sqmtr allowed 64.43 sqmtr ,open area 25.41 Sqmtr, front side area 1.80 Sqmtr, rear 1 mtr.However against approved residential site plans, JMC deliberately allowed construction of flats when there are laid down rules and there is no provision of constructing commercial flats in rural areas as first and foremost criteria is at least 40 ft front road and area should not less than 12 Kanal land. Worthwhile, to mention here that right now 2nd stage construction is almost complete in all respect with the help of JMC enforcement staff deputed in the area.
Worthwhile to mention here that while visiting site for approval of stage 2nd construction, Surveyor Sandeep Kour dated 9-9-2022 in her report maintained that the proposal is as per norms and that stage-1st construction has been raised as per approved site plan claiming area chart along with photographs has been uploaded and thus recommended for stage-II permission for residential use only but very conveniently ignored serious violations of commercial construction after getting site plans approved for residential use only and also when four different site plans were clubbed and raised common walls and slab work identical both from front and backside including same height. When JMC failed to take action against these serious violations despite strong resentment shown by locals including photographs indicating construction of commercial flats in village area without maintain setbacks, a RTI application was filed to seek answers about these violations being ignored by JMC, Chief Enforcement officer, Zone-V in his reply vide No. JMC/CEO/1579-84 dated 12-1-2023 said that it is the duty of concerned enforcement Inspector to check the violations and further report of enforcement Inspector has been submitted dated 31-12-2022 which reads as that the owners of all four plots have raised construction of first stage and have started construction of 2nd stage construction after getting site plans approved but Enforcement Inspector deliberately submitted wrong report conveniently ignoring serious violations after shaking hands with violators for personal gains and the same report was accepted by JMC higher authorities without cross-checking the report of Enforcement Inspector Varun Kesar which shows that JMC enforcement Inspector is all powerful and whatever report he/she submits is true and further investigation into this is not at all required which is unfair to give undue power to enforcement Inspector. There is one thing very much sure that money makes the mare go is what prevails in JMC as this is matter of serious concern and matter of serious investigation how these commercial flats were constructed under nose of JMC authorities . The owners have got approved site plan as residential and accordingly have deposited residential fee but undertook commercial construction thus causing serious loss to govt exchequer as had the site plans approved commercial ,a handsome amount would have been deposited in Govt exchequer. Unfortunately after the transfer of Enforcement Inspector Varun Kesar, new Enforcement Inspector deputed in his place Jasbir Singh following foot prints of Varun Kesar and not taking any action against violators and infect allowing unauthorized constructions to meet his personal vested interests at the cost of JMP-2032 with the full backing of Secretary JMC also incharge of BOCA Authority Channi Himmat area. The Enforcement Inspectors don’t perform their duty honestly resulting in boom in unauthorized constructions in Municipal areas especially in Channi Himmat aarea and the same was endorsed by Mayor Rajinder Sharma during his recent visit of wards 35 and 36 after the office of the Mayor received complaints from different sections of the society including from former Chairman of Standing Committee of Jammu Municipal Corporation (JMC), Yashpal Sharma regarding the role of Enforcement Officers of JMC in encouraging illegal constructions. Talking on the sidelines of the inspection, the Mayor admitted that Enforcement Officers look their own interests and create fear psychosis among the public only to earn illegal money. Keeping his words, Mayor should punish Enforcement Officers for allowing illegal constructions and those guilty of this should be suspended and even terminate them as in many cases, Enforcement Officers not even issued notice and the construction continued unabatedly. The Mayor should constitute a high level Committee and should visit site in question how commercial flats construction was allowed on residentially approved site plans if transparency and accountability are anything which JMC knows and wish to implement otherwise the JMP-2032 will prove to be disaster if JMC enforcement staff continues to allow unauthorized construction in Municipal areas.
