Owner makes mockery of JMC BOCA Authority by restarting violated commercial construction on residential plot when approved site plan stand lapsed on 13-9-2021and without getting site plan approved afresh
Violated construction was dismantled after Committee was constituted to look into violations on locals complaint and now the same construction which was dismantled being undertaken by owner without any fear of JMC
GY CORRESPONDENT
jammu, jun 01
One Harish Kumar Malhotra attorney holder of original alottee of corner residential plot 154, Sector-1A Extension Channi Himmat Housing Colony measuring 3180 Sqft (size 40×82+ 77/2) got approved residential site plan vide No.295/JMC/BS/2018 dated 14-9-2018 in the name of Sh. J. A. Shahmizi S/o Sh. M.A. Shahmizi which was valid for maximum three years. According to approved site plan, the owner was allowed ground Floor- 1440 Sqft, Porch-170 Sqft, First Floor-1440. The owner was duty bound to observe setbacks including Front-21.7 ft, side-1, 10 ft and Rear, 10 ft . The height of building was fixed as 30 ft from front road level. The owner as per approved site plan and construction allowed paid Rs 7710 building fee and Rs 19320 as labour cess . The owner was mandatory to keep a area of 1570 Sqft as open area Accordingly the owner started construction work in June-July 2019 absolutely contrary to approved residential plot by raising commercial construction of violated ground floor covering nearly 3180 Sqft besides extending nearly 4 ft gallery towards main road side and thus covering public road area both front and backside being a corner residential plot but the enforcement staff did nothing in this regard despite locals strongly protested against it. But the JMC didn’t serve any BOCA Notices to owner. As a result of which the owner raised first floor exactly similar to violated ground floor by covering more than hundred percent plot area by extending nearly 4 ft galleries and without maintaining setbacks even not constructed Porch, Not only had this owner also raised RCC Pillars on 2nd Floor without JMC permission. When then Enforcement Inspector Gopal Krishan didn’t listen to locals who were constantly raising voice against this huge commercial construction in residential area who however later on terminated from services for allowing violated construction finally approached then Commissioner JMC Avna Lavasa complaining against owner for raising commercial construction on residential plot. This made Commissioner JMC to constitute a Committee headed by then Secretary JMC on 26-9-2019 to check violation and illegal construction in posh colony Channi Himmat Jammu and committee while visiting the site found complaints of locals true and reported serious violations of land use change and mandatory setbacks. As a result of which then Joint Commissioner (Adm) BOCA Authority directed enforcement staffs to dismantle violated construction at the site and the same was dismantled by JMC in Jan-Feb 2020. After halting construction work till April 2023 started construction again by repairing dismantled portion as soon as new Enforcement Inspector Jasbir Singh took charge of area without JMC permission and surprisingly undertaking same construction which was strongly objected by locals and the same was dismantled by JMC. Moreover now the validity of approved site plan stands lapsed as its validity started from 14-9-2018 and expired on 13-9-2021 but Jasbir Singh after shaking hands with owner yet again allowing violated commercial construction in residential area and hence question of reporting violations doesn’t arise and also what to think of serving any BOCA notices to owner who is openly and brazenly raising construction against guidelines of JMP-2032 and Unified Building Bye-laws 2021. Commissioner JMC must intervene in this regard as this violated construction going on when the validity of approved site plan has already lapsed and the owner hasn’t applied for fresh site plan approval and most importantly this building has already been declared as illegal as the violations were much beyond compoundable limits as per JMP-2032. Hence this particular case of violative construction deserves high level enquiry as by again starting violated construction, the owner has made mockery of JMC law book and also JMC BOCA authority.
