Building Section team found violation of 106 Sqft which was in addition to ownership right of owner as area under construction was 750 Sqft, 300 Sqft violations in stilt, first,2nd and third floors(66.6%) against allowed 450 Sqft each. With regard to maintaining setbacks, the owner made 100 % violations towards front side against 10.25 ft and height violated by 2.44%, FAR violated by 43.12%
Owner didn’t construct stilt floor on the basis of which the owner was allowed an extra floor and instead the owner converted the stilt floor into Laboratory, lift and stairs by putting big iron gate toward front side and thus killing objective of stilt floor which was only provided for parking purpose only and thus covering hundred percent plot area including mandatory setback of front that is 10.25 ft for parking space within premises
Pictures clicked by aggrieved locals at the site clearly proves that the violations noted by building section was hundred percent true but ignoring it on the claims of owner that measurement was wrong means a lot that owner paid a lot to JMC enforcement staff to make violations null and void and stop further proceedings into the case and the same was done by JMC
Secretary JMC/Incharge BOCA Authority must come clear as to what happened to such a huge violations of 1200 Sqft by allowing owner to construct four floors measuring 3000 Sqft against permitted 1800 Sqft besides height by 2.44% and FAR by 43.12% which in no case is compoundable under BOCA Act 1988 and running of clinic against guidelines of JMP-2032 and Unified Building Bye-laws 2021 instead of sealing building
GY CORRESPONDENT
jammu, may 11
The kind of action JMC takes in most cases of unauthorized constructions has been time and again proved mere eye-wash in public domain as whatever it reports at sites implements at the whims and fancies of violators after getting paid hugely by violators. To quote one such example is JMC after huge public pressure that commercial construction of stilt and three floors other completed in Channi Himmat Ward-51 in Sector-3 Channi Himmat beyond approved site plans stage-1st and stage-2nd by constructing stilt floor plus three floors without maintaining mandatory setbacks served owner an eyewash BOCA notice provision of section 7(1) vide No.JMC/CEO/65/01/22 dated 30-1-2023 after two years claiming that Enforcement Inspector deputed in the area reported that owner Samriti Aggarwal had raised violated stilt floor plus three floors and accordingly the owner was served non-statutory notice earlier vide No.JMC/CEO/1297-1300 dated 12-12-2022 and in response to this notice, the owner submitted copy of building permission vide No. 106/JMC/BS/2021 dated 16-4-2021 and stage-2nd vide No.1084/JMC/BS/2021 dated 13-12-2021. Accordingly case of owner was forwarded to Building Section, JMC for ascertaining whether the owner had constructed building as per approved site plans or not. Building Section/ Senior Town Planner office, JMC sent a team of Technical assistants/Surveyor for taking measurement of building and report of violation in presence of Enforcement staff. According to the report of inspection team, the plot area measurement both stage 1st and stage-2nd as 644 sqft as per ownership right of owner registered in court of law dated January 6th 2011, Stilt, First, 2nd and third floors 450 Sqft each. But the team found violation of 106 Sqft which was in addition to ownership right of owner as the area under construction was 750 Sqft, 300 Sqft violations in stilt, first,2nd and third floors(66.6%) against allowed 450 Sqft each. With regard to maintaining setbacks, the owner made 100 % violations towards front side against 10.25 ft and height violated by 2.44%, FAR violated by 43.12%. Sources informed that the area at the site was actually 750 Sqft but there was no mention of 106 Sqft as the measurement of plot as per approved site plan was 644 Sqft in the approved site plan and also as per ownership rights submitted by owner while applying for approval of site plan. It deserves mentioning here that the owner didn’t construct stilt floor on the basis of which the owner was allowed an extra floor and instead the owner converted the stilt floor into Laboratory, lift and stairs by putting big iron gate toward front side and thus killing the objective of stilt floor which was only provided for parking purpose only and thus covering hundred percent plot area including mandatory setback of front that is 10.25 ft for parking space within premises.
Worthwhile to mention here that the owner Samriti Aggarwal wife of Rajiv Gupta owner of private land measuring 2 Marlas and 100 Sqft(644 Sqft) in Sector -3 Ward -51 village Channi Himmat adjoining with Engineering Institution comprising of Khasra No. 477 Min on the main road side of Channi Himmat Housing Colony while replying to BOCA notice under section 7(1) dated 30-1-2023 to JMC BOCA Authority dated 2-2-2023 said that the measurement of building was not done in his presence and also his representative was not present and also that measurements done by team was not correct and requested JMC to drop further proceedings against him. Surprisingly JMC after receiving reply from owner dated 2-2-2023 stopped further proceedings against owner. When the pictures clicked by aggrieved locals at the site clearly proves that the violations noted by building section was hundred percent true but ignoring it on the claims of owner that measurement was wrong means a lot that owner paid a lot to JMC enforcement staff to make violations null and void and stop further proceedings into the case and the same was done by JMC.
It deserves mentioning here that this violated construction was actually started during tenure of then Enforcement Inspector Ram Khajuria which was very ably supported by Enforcement Inspector Varun Kesar and a result of which today Dr Rajiv Gupta husband of owner Samriti Aggarwal has started running clinic much to the disappointment of locals as the violations reported by Building Section to the extent of nearly 66.6 percent on all four floors proved mere eyewash exercise and Secretary JMC BOCA Authority must come clear as to what happened to such a huge violations of 66.6% which means the owner was allowed only 1800 Sqft area construction including four floors but owner actually constructed 3000 Sqft including four floors and making violations of nearly 1200 Sqft besides height by 2.44% and FAR by 43.12% which in no case is compoundable under BOCA Act 1988 and running of clinic against guidelines of JMP-2032 and Unified Building Bye-laws 2021.
