JMC’s failures to act on public complaints gives more liberty to enforcement staff to continue allowing unauthorized construction in Channi Himmat area against JMP-2032 & Unified Building Bye-laws 2021 causing serious loss to JMC exchequer

Enforcement Inspector’s patronage to owner helps him to raise violated first and 2nd floor on existing violated ground floor at residential plot No. 397, Sector-5 Channi Himmat . Even high level team visited site on direction of Commissioner JMC didn’t report any violation even after lapse of more than a month what to think of serving any BOCA notices to owner
The owner was permitted only 55% construction area which becomes 1900 Sqft a floor besides owner was mandatory to observe setbacks but the owner raised first and 2nd floors nearly 2900 Sqft without maintaining setbacks particularly backside and sides
When an RTI application was filed in this regard ,to know whether the owner got approved site plan as the owner at present raising first floor and second floor without maintaining setbacks. A senior town planner vide No. JMC/BS/RTI/36-38 dated 9-5-2023 replied that as per records available, no building permission issued in favour of Sarva Nand Khajuria s/o Rattan Chand at 397/5 Channi Himmat Jammu, which proves JMC open support to owner
GY CORRESPONDENT
jammu, may 17
Failure on part of JMC to punish its enforcement staff for wrong doings has resulted in rise in unauthorized construction in Municipal areas against JMP-2032 and Unified Building Bye-laws 2021. To quote an example, one Sarva Nand Khajuria s/o Rattan Chand purchased a residential plot No. 397, Sector-5 measuring 40×86.6 Sqft (3460 Sqft) from original alottee Bhasharat Ahmad in Ward-50. The owner constructed violated ground floor in 2009-2010 without maintaining setbacks. Thereafter owner started residing on ground floor, now the owner in the month of Jan 2023 start construction on first and 2nd floor each measuring 2900 Sqft on existing ground floor without getting site plan approved from JMC without leaving anything from backside but no BOCA notices served to owner as the enforcement Inspector deputed in Ward-50 didn’t report any violation to JMC higher authorities as a result of which the owner completed construction of violated 2nd floor measuring 2900 Sqft. The owner was permitted only 55% construction area which becomes 1900 Sqft besides owner was mandatory to observe setbacks. Despite several complaints made against owner by neighbors whose ventilation and sunlight obstructed and even Commissioner JMC but so far no action has been taken by JMC. Moreover complaints were made to newly deputed enforcement Inspector Jasbir Singh on 6-3-2023 did not submit any violation report at the site in question allowing owner to complete plaster work and simultaneously white washing work. One of the neighbor Amit Goel along with others approached JMC and lodged complaint against owner over unauthorized construction particularly non-maintenance of setbacks particularly from backside and sides before Commissioner JMC. Though JMC team comprising of Secretary JMC and Incharge BOCA Authority , Incharge Enforcement Officer Anil Kashyap and Enforcement Inspector visited site on 13-4-2023 on receipt of complaint on the directions of Commissioner JMC yet no action taken against lapse of one month since the visit of JMC team. When an RTI application was filed in this regard ,to know whether the owner got approved site plan as the owner at present raising first floor and second floor without maintaining setbacks. A senior town planner vide No. JMC/BS/RTI/36-38 dated 9-5-2023 replied that as per records available, no building permission issued in favour of Sarva Nand Khajuria s/o Rattan Chand at 397/5 Channi Himmat Jammu. However no information was provided whether enforcement Inspector deputed in the area has submitted any violation report. In view of all this,it is unfortunate to note that despite high level team of JMC visited site and locals thoroughly briefed violation to team ,but no action has been taken against owner shows that JMC shielding owner and as a result of which the owner continuously raising violative construction and at present plaster and white washing work going on . JMC Commissioner must himself visit the site and also cross-check the report of team visited site on his direction why serious nature violations ignored and why the complaints of locals were not taken seriously. However this only consolidates the view that JMC doesn’t take strict action against influential and jumps to action whenever there is minor violations by middle class owners. This kind of support to violators has already caused serious loss to JMC exchequer which every now and then cry for shortage of funds to develop Municipal areas but where these funds are available, no serious effort is made to take action against serious nature violators who don’t pay requisite development charges and building fee.