Construction of 2nd floor along with plaster work going on at residential plot 466/3 Channi Himmat, Ward-50 covering hundred percent plot area without maintaining setbacks, still no action from JMC what to think of serving any BOCA notice to owner

Owner contrary to approved site plan didn’t construct porch and verandah and covered hundred percent area without maintaining setbacks neither from front side nor from backside and whatever little left by owner has been compensate by extending galleries on ground floor and first floor both in equal size
Owner paid building fee for permissible construction area but covered hundred percent plot area which caused serious loss to JMC exchequer and major dent to JMP-2032 and Unified Building Bye-laws 2021
GY CORRESPONDENT
jammu, may 26
J&K Housing Board was established in March, 1976 by virtue of Jammu & Kashmir Housing Board Act, 1976 with a view to provide ‘Affordable Shelter for All’ and to make such Schemes and to carry out works as are necessary for the purpose of satisfying the Housing needs and providing residential and office accommodation in the State. The Board endeavors to enhance the living standards of the State and therefore emphasizes on special housing schemes for every section of the society. At the apex level, there are Board of Directors appointed by the Government under Section 3 of the Board Act.The Chairman appointed by the Government heads the Board. The Board so set up, decides all the policy matters and other necessary paraphernalia for carrying out various activities. Notwithstanding all this now days these housing Board plots are being used for business point of view and as a result of which these residential plots keep on transferring from original alottee to others without following laid down terms and conditions to own a Housing Board plot. All this has resulted in land use change from residential to commercial as those who have already well furnished residential houses in posh colonies Trikuta Nagar and Gandhi Nagar have switched on towards Channi Himmat colony for commercial purpose and have bought plot for business point of view.To put things in perspective, one Ankit Gupta s/o Amit Gupta r/o Sector-6 Trikuta Nagar Jammu purchased a residential plot 466/3 Channi Himmat Jammu measuring 1660.81 Sqft (16.87×9.14 mtr) in Ward-50 from Niyaz Ahmad Lawy s/o late Abdul Jabbar Lawy on 24.6.2022. The owner accordingly got approved residential site plan approved from JMC vide No. 2219/JMC/BS/2022 dated 23-3-2023. According to approved site plan, the owner was allowed ground and first floors 98.81 Sqm, 2nd floor 41.50 Sqm and open area of plot kept 55.39 Sqm. The owner was duty bound to observe setbacks including front-4.06 mtr, rear 2 mtr and accordingly pay building charges for permissible construction area. As per approved drawing of building, the owner was allowed to construct two bed rooms in the back and Lobby, verandah, porch and Kitchen towards front side. But the owner contrary to approved site plan didn’t construct porch and verandah and covered hundred percent area without maintaining setbacks neither from front side nor from backside and whatever little left by owner has been compensate by extending galleries on ground floor and first floor both in equal size. This construction badly obstructed ventilation and sunlight of immediate neighbours. At present the construction of 2nd floor is going on . Yet again it is very unfortunate to note that so far enforcement staff has not taken any cognizance of this violated construction and it seems that they wait for our newspaper to first publish a story in this regard then they will proceed which has been observed in the three years, The question arises why enforcement staff consistently failing in taking action at initial stage of violation. It deserves mentioning here that the owner has already applied for conversion of leasehold rights to freehold rights in his favour and simultaneously undertaking violated construction by covering hundred percent area without maintaining setbacks and at present the plaster and construction of 2nd floor is going on which prima-facie proves that the owner being a builder by profession constructing this house for sale and purely from business point of view. In the light of above , Commissioner JMC and Secretary and Incharge BOCA Authority should take serious cognizance of this and should immediately stopped this violated construction failing which it will result in boom in unauthorized constructions against JMP-2032 and Unified Building Bye-laws 2021.