Owner with help of enforcement Inspector deputed in the area raised unauthorized construction of ground and first floor and at present construction of 2nd floor going on without maintaining setbacks and covering almost hundred percent plot area and even extending nearly 2 ft galleries on ground and first floor towards front road side moving beyond permitted construction area
As per lapsed approved site plan, the owner was allowed ground floor 1775 Sqft, first and 2nd floor 1528 Sqft each but constructed ground floor and first floor covering nearly 2600 Sqft each besides constructing 2nd floor covering nearly 1000 Sqft. The owner was duty bound to observe mandatory setbacks which includes Front- 21.50 ft, Side-1, 6.5 ft, Rear- 6.5 ft but were not observed by owner
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 and Jasbir Singh lied that BOCA notice has been served to owner which was a white lie as construction as on date is going on
When JMC Commissioner sought reply from Jasbir Singh over local 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 commercial construction on residential plot
GY CORRESPONDENT
jammu, jun 26
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 Ward-50 measuring 40×81 (3240 Sqft) having approach roads towards left and right side has constructed two unauthorized floor covering an area of nearly 2600 Sqft each without maintaining setbacks in the month of March 2023 and further construction is going on from there onwards without renewing/or getting fresh site plan approved from JMC. But JMC didn’t take any action against owner and violated construction continued against JMP-2032,Unified Building Bye-laws 2021 and most importantly against BOCA Act 1988.
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. As per this approved site plan, the owner was allowed ground floor 1775 Sqft, first and 2nd floor 1528 Sqft each. The owner was duty bound to observe mandatory setbacks which includes Front- 21.50 ft, Side-1, 6.5 ft, Rear- 6.5 ft. The height of building was fixed as 40 ft from front road level. The owner accordingly paid building fee for permitted construction area as Rs 11437 and labour cess as Rs 21000. The open area of plot as per approved site plan was 1465 Sqft. There was no sanction of additional Porch as per approved site plan. Worthwhile to mention here that the owner didn’t start construction within validity of site plan’s three years which expired on 17-8-2021. As per BOCA Act, 1988, if a person fails to start construction within validity of three years of approved site plan, he/she has to seek fresh permission from JMC and also fresh fee is submitted including building fee and labour cess and the fresh site plan is approved as per current guidelines of JMP-2032 and Unified Building Bye-laws 2021 and also if any further amendment is done in BOCA Act 1988.
Anyhow owner raised unauthorized construction of ground and first floors and also at present 2nd floor beyond approved site plan and even extending nearly 2 ft towards front road side on ground and first floors and didn’t maintain mandatory setbacks by covering hundred percent plot area 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.
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 and now owner is undertaking construction of 2nd floor including plaster work 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 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.
