Owner didn’t construct Porch where it was permitted and infect constructed it towards front side bringing porch ,verandah, dressing room in a straight line which is against JMP-2032, Unified Building Bye-laws 2021
Commercial constructions on residential plot has badly affected ventilation and sunlight of neighbors who now strongly regretting buying a residential plot in the area where there is no rule book anyone can raise choice construction with help of JMC enforcement staff
GY CORRESPONDENT
jammu, may 29
One Naginder Kumar Gupta s/o Sudershan Kumar owner of residential plot 18/6 measuring 50×100 on main road in Channi Himmat Housing colony got approved site plan from JMC Vide No. 56/JMC/BS/2020 dated 20-6-2020 which was valid for three years. According to approved site plan, the owner was allowed ground floor 2102 Sqft, Porch 147 Sqft , first and 2nd floors 1973 Sqft each with open area 2751 Sqft. The owner was mandatory to observe setbacks including front-20 ft,side-1 , 10 ft (right side), side-II , 6.5 ft(left side) rear side 10 ft. The height of building fixed at 33 ft from front road side level. The owner accordingly paid Rs 74340 as labour cess and building fee Rs 14639 for the permitted construction area. As per approved drawing of residential site plan, the owner was permitted bed room, drawing room, front side verandah left side toilet attached with bed room and dressing room on ground floor. Surprisingly the owner was allowed Porch back of the drawing room and the owner didn’t construct Porch where it was permitted and infect constructed it towards front side in a straight line porch ,verandah, dressing room. It deserves mentioning here that the owner getting site plan approved on 20-6-2020 did not start construction work immediately and after waiting for years together and just two months before expiry of validity of approved site plan started construction in the month of April 2023 when the approved site plan validity was about to expire on 19-6-2023. The owner contrary to approved residential site plan raised commercial construction without maintaining setbacks and the locals in their complaints have maintained that the owner is undertaking construction of huge hotel in residential area. Notwithstanding frequent complaints against owner for raising commercial constructions in residential area, JMC enforcement staff didn’t take any cognizance and didn’t report any violation report to concerned higher authority when the owner openly and brazenly changed internal and external dimensions without JMC permission. The owner after completing commercial construction of ground floor with the help of enforcement staff deputed in the area and owner at present undertaking shuttering work on RCC Pillars for first floor and thus same violated construction on first floor without maintaining setbacks and constructing same porch as was constructed on ground floor. One thing is sure that J&K Govt is totally non-serious in implementing JMP-2032 in letter and spirit live example of which is quite visible in Channi Himmat Govt Housing Colony where hundreds of unauthorized structures have been raised with the support and encouragement of JMC enforcement staff which has always been hand in glove with violators resulting in huge commercial constructions on residential plots much to the despair and agony of locals now strongly regretting buying a residential plot in the area. instances of open violations of approved site plans have been brought from time to time in Several kind notice of JMC authorities and that too from initial stage of violations but JMC enforcement staff rather than reporting violations to their higher authorities have managed violations at their own by embracing violators at the cost of serious damage to JMP-2032 and huge loss to Govt exchequer besides resulting in unplanned development in area .
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- Commercial construction reaches third floor on residential plot 250-C, Sector-2 Channi Himmat Zonal planned colony without maintaining setbacks completely contrary to residential approved site plan with no provision of windows, ventilators, cut out and JMC now serves owner notice under provision of section 253(1) JMC Act 2000 without mentioning actual violations like three floors commercial, extended galleries, iron stairs from backside and no internal walls partitions
- JMC stuns Channi Himmat by sealing Varmani Shopping Complex, Channi Himmat, Sector-2, Ward-50 on 30-12-2024 for violations to tune of 8053 sqft in basement+ground+3 floor excluding violated 4th floor of 2674 sqft correcting earlier violations of 1704 sqft and de-sealing Complex on 31-12-2024 for 20 days besides allowing its functioning since 2013 without depositing compounding fee Rs 127800 by owner as decided by J&K Special Tribunal dated 30-12-2013
- JMC enforcement staff after shaking hands with owner allows restart of three unauthorized big size commercial shops at residential plot 29-C, Shastri Nagar, Ward-22 which remained stopped for sometime after aggrieved locals opposed commercial construction and print media highlighted violated construction along with pictures dated 21-10-2024 making land use change without getting site plan approved from JMC which can’t be done plot being bifurcated
- JMC yet again makes mockery of notice under section 253 (1) JMC Act 2000 served to owner of residential plot 66/5 ,Ward-50 Channi Himmat wherein serves 48 hours ultimatum to owner to remove violations dated 14-10-2024 but without taking follow-up action against owner approves fresh site plan dated 28-11-2024 when existing violations were not removed by owner after giving written undertaking and further construction of two floors started
- JMC Building Section out of way sanctions stilt floor commercial parking stage-1st at commercial sites 3,4 and 5 in Sector-2 Ward-50 Channi Himmat and enforcement staff fails to take action against owners when differently approved site plans clubbed and raised joint construction of commercial halls as single unit without maintaining setbacks and not constructing new stilt floors commercial and in spite of violations in stage-1st construction JMC approved stage 2nd construction and at present stage-2nd construction going on from last 15 days with help of enforcement staff
- Commercial construction reaches third floor on residential plot 250-C, Sector-2 Channi Himmat Zonal planned colony without maintaining setbacks completely contrary to residential approved site plan with no provision of windows, ventilators, cut out but JMC yet to take action against owner despite highlighting violated construction in Print Media along with pictures and bringing same in notice of concerned enforcement staff deployed in Channi Himmat Zonal planned colony
- JMC Enforcement staff deputed in Channi Himmat Ward-50 allowing construction of commercial hall on residential plot 634/3 without maintaining setbacks, without partition of walls, windows, ventilators with stairs on front side and also with lift provision absolutely contrary to residential approved site plan doing huge injustice with those who have purchased commercial sites
- Existing violated structure on private land falling under Khasra No. 4 Min, Ward-51, Channi Himmat earlier sealed, site plan withdrawn, then restored without removing violations now undergoing complete renovation and conversion from sanctioned mixed use of both residential and commercial to full-fledged commercial halls on three floors measuring 10000 sqft each to run big size shopping mall without JMC permission but with help of enforcement staff deployed in Channi Himmat