As per JMP-2032 and Unified Building Bye-laws 2021, the owner was entitled 55% (1760 Sqft) construction but owner constructed ground and first floor covering nearly 2600 Sqft against total plot area 3200 Sqft
Owner didn’t start construction after getting site plan approved from JMC till first week of March 2023 when he started plinth work but by then the validity of approved site plan had lapsed and didn’t get fresh site plan approved from JMC as per Unified Building Bye-laws 2021
When enforcement Inspector Jasbir Singh didn’t listen to locals complaints whose ventilation and sunlight blocked, aggrieved locals complaint violative construction before Commissioner JMC highlighting damage to plan development and well laid down existing symmetry besides obstructing their ventilation and sunlight, no action taken against owner what to think of serving BOCA notice to owner
GY CORRESPONDENT
jammu, jun 9
Jammu Municipal Corporation has crossed all limits of favoritism and nepotism that its working style is wide open in public domain which is to spare influential persons irrespective of violations be it land use change from residential to commercial but surprisingly stops shuttering twice of beneficiary of Pradhan Mantri Awas Yojana in Channi Himmat forcing him to knock the door of Court to construct a single room knowing well that it will get nothing from him in return being poor person and as a result of which the slab work is on hold for the last one year asking owner to get site plan of single room(30 Sqm) approved from JMC. This double standard of JMC has badly damaged planned development of Jammu city and has further encouraged well off violators to raise choice construction at the cost of JMP-2032,Unified Building Bye-laws 2021.To put the things in perspective, This newspaper published a detailed story along with pictures and authenticated details that one Sanjeev Rattan s/o Mohan Lal owner of corner residential plot No. 244 –B, Sector-4 Zonal planed colony Channi Himmat measuring 40×80 (3200 Sqft) having approach roads towards left and right side has constructed two violated floor covering an area of nearly 2600 Sqft each without maintaining setbacks in the month of March 2023 without renewing/or getting fresh site plan approved from JMC.
It deserves mentioning here that JMC had approved residential site plan vide No. 211/JMC/BS/2018 dated 18-8-2018 in favour of owner and which was valid for maximum three years. This means that the violated constructed of ground and first floors was taken when the validity of site plan as mentioned above had already lapsed and the owner was duty bound to get renewed or get fresh permission from JMC but owner with the help of enforcement staff deputed in the area without doing so started construction without maintaining setbacks and even going much beyond the site plan approved earlier and which was lapsed dated 17-8-2021.Pertinent to mention here that according to JMP-2032 and Unified Building Bye-laws 2021, the owner was entitled to 55% construction floor-wise that 1760 Sqft against total plot area 3200 Sqft but the owner constructed nearly 2600 Sqft both ground and first floor without maintaining setbacks.
Unfortunately bringing these huge violations in kind notice of JMC authorities in print media, nothing was done. When this story was published, the owner was undertaking construction of 2nd floor including a bed room and Mumty covering an area of nearly 1000 Sqft. As JMC took no action against owner, the construction work of 2nd floor completed and the construction is going on continuously including plaster work now when the owner deserved to be served BOCA notices under relevant section but the same was spared as JMC enforcement staff joined hands with owner for vested interests.
Worthwhile to mention here that locals strongly protested ongoing construction without JMC permission and the same was brought into kind notice of then Enforcement Inspector Jasbir Singh but all in vain as he didn’t respond to complaints of locals and thus owner continued violated construction. When enforcement Inspector Jasbir Singh didn’t listen to locals complaints, aggrieved locals complaint violative construction before Commissioner JMC highlighting damage to plan development and well laid down existing symmetry besides obstructing their ventilation and sunlight. Sources have disclosed that when JMC Commissioner sought reply from Jasbir Singh over complaints, Jasbir Singh wrongly reported that the construction is going on as per approved site plan but unfortunately the same was not cross-checked as Secretary JMC pretending taking action against owner which is white lie which smokes nexus between enforcement staff and owner to raise violative construction. Moreover Jasbir Singh publically disclosed that re-measurement will be done and as present the file is lying with Commissioner office and as soon as approval is obtained, the action will be taken which is nothing but a dilly-delaying tactics. JMC Commissioner must order a detailed enquiry into the case and should constitute a team to verify claims of Enforcement Inspector and also actual report of construction at the site and also how fresh construction was allowed on lapsed site plan and without getting fresh approval of site plan from JMC. This has caused serious loss to exchequer as had the site plan applied fresh, a handsome amount would have been deposited in exchequer. Moreover Commissioner should ensure that public complaints are properly entertained and should initiate strong action against enforcement staff and complainants are not timely briefed as to what happened with their complaints bringing bad name to JMC for fulfilling their vested interests at the cost of JMP-2032 and Unified Building Bye-laws 2021.
