Violation of setbacks by owner resulted in blockade of ventilation and sunlight of adjoining residential houses which is gross violation of their fundamental rights who have been unnecessarily made to suffer by owner by covering maximum area from backside
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 plot
Senior Town Planner while replying to RTI application filed to know whether owner Narinder Singh has applied for renewed site plan as earlier site plan had already lapsed, that as per records available, said no building permission has been has been issued for renewal in favour of Narinder Singh at plot No.211/2 Channi Himmat Jammu
Incharge Enforcement officer Anil Kashyap and Enforcement Inspector Jasbir Singh have been heard openly saying that they have backing of Commissioner JMC and no one can question them regarding any violated construction in the areas under their jurisdiction of power
GY CORRESPONDENT
jammu, may 21
One Narinder Singh owns 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 . The owner applied for approval of residential site plan from JMC and accordingly got approved 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. 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. In this regard, when an RTI application filed to know that whether owner Narinder Singh owner of residential plot 211/2 Channi Himmat Jammu had applied for renewed site plan as earlier site plan approved vide No. 986/JMC/BS/2019 dated 16-3-2020 had already lapsed, Senior Town Planner replied that as per records available, no building permission has been has been issued for renewal in favour of Narinder Singh at plot No.211/2 Channi Himmat Jammu which means that whatever construction has been raised by owner is without JMC permission but with the help of Enforcement Inspector Jasbir Singh who is infamous for allowing violated construction in the area under his jurisdiction of duty. As a result of which the violated construction is still continuing but now under wrap of opaque sheets to hoodwink general public and JMC higher authorities. JMC enforcement staff has completely forgotten its duty and infect doing duty of violators at the cost of JMP-2032 and Unified Building Bye-laws 2021 resulting in boom in unauthorized construction in Municipal areas. Incharge Enforcement officer Anil Kashyap and Enforcement Inspector Jasbir Singh have been heard openly saying that they have backing of Commissioner JMC and no one can question them regarding any violated construction in the areas under their jurisdiction of power.
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.
