Owner neither appealed against 7(3) demolition notice dated 22-8-2022 in any competent Court nor JMC sincerely implemented 7(3) notice when in this demolition notice it was categorically mentioned that if owner fails to demolish violated construction within five days the same will be done by JMC at the cost and risk of owner but the same was not implemented by JMC and as a result of which the violated structure is still intact
Owner as per guidance of JMC in the month of July 2023 pad-up bamboos to break slightly galleries extended unauthorized already possibly to hoodwink general public that violations were removed by owner and also if someone asks JMC ,they could tell them action being taken against owner hopefully to reduce owner’s violations to under 10% from 14.21 % violations each on two floors for compounding of same
Approved site plan was wrongly approved and was having serious drawbacks as area chart of approved site plan shows porch area as 180 Sqft but in the drawing of approved site plan the area of porch has been mentioned as 17×18 (306 Sqft). Moreover, Porch, Verandah, drawing room as per approved drawing of site plan was shown in straight line which is rarely witnessed having verandah and porch open that too were not constructed
Owner didn’t even construct the Porch and Verandah as was mentioned in approved site plan besides extending three ft gallery by terming it verandah on ground floor and infact constructed three big commercial halls all in equal size without maintaining setbacks from front and back side
GY CORRESPONDENT
jammu, aug 10
One Ashok Kumar s/o late Omparkash r/o Gandhi Nagar Jammu got approved site plan on residential corner plot 487-A measuring 45×65 Sqft Ward-21 from JMC vide No. 827/JMC/BS/2021 dated 20-10-2021 with a condition that the owner will raise fresh residential construction by dismantling existing residential house. According to approved site plan, the owner was allowed ground floor including porch for parking 1901.25 Sqft first and 2nd floor 1901.25 Sqft,porch area 180 Sqft with open area 1023.75 Sqft. The owner was mandatory to observe setbacks including 10 ft from front side, sides Nil, rear 12 ft 9 inch. On the ground floor, the owner allowed Porch 17×18, verandah 13 ft 9 inch x 5 ft, Drawing room 12 ft, 9 inch x10 ft, entrance lobby, living room 33.6×17.0,kichen/dining room19-0x15 and toilet 7×7 ft-6 inch, height of building fixed at 38.6 Sqft from front road level. It deserves mentioning here that this approved site plan was wrongly approved and was having serious drawbacks as area chart of approved site plan shows porch area as 180 Sqft but in the drawing of approved site plan the area of porch has been mentioned as 17ftx18ft (306 Sqft). Moreover, Porch, Verandah, drawing room as per approved drawing of site plan was shown in straight line which is rarely witnessed having verandah and porch open. However the owner against the approved site plan started commercial Hall construction by covering area of verandah and covered porch area on RCC Pillars and fitted windows on front side where there was Porch without leaving any space for mandatory setbacks particularly from front side which was mandatory besides mandatory space was also not left from backside and kept entrance from backside also.Not only this owner didn’t even construct the Porch and Verandah as was mentioned in approved site plan besides extending three ft gallery by terming it verandah on ground floor and infact constructed three big commercial halls. The owner likewise constructed groud floor plus first and 2nd floor as big commercial halls all in equal size covering nearly 2300 Sqft each.
When all this was going on , locals strongly protested this and as a result of which the same got published in print media with proper details of violations along with pictures of violated structure indicating commercial construction on residential plot and even Enforcement staff deputed in the area was duly and timely informed in this regard, but nothing was done and commercial construction continued. However when commercial construction was nearing completion, JMC to save their skin for record sake served owner back date BOCA notice under provision of section 7 (1) vide No. JMC/CEO/08/01/2022 dated 10-6-2022 claiming that owner though constructed residential house but without any necessary partitions including walls to give it look of residential construction without maintaining setbacks and that this violated construction has seriously affected planned development of Jammu city but surprisingly JMC in this BOCA notice didn’t mention that the owner has constructed three commercial floors all in equal size without maintaining setbacks against approved residential approved site plan. The owner was directed to reply to this notice within 48 hours as to why Enforcement staff should not seal/demolish his violated construction.
The owner while replying to this BOCA notice infect challenged JMC for serving him BOCA notice on the ground that since the start of construction, he has observed mandatory setbacks and concerned enforcement staff has paid several visits during this ongoing construction but none of them reporting any violations and in a sense publically admitting that he has involved enforcement staff towards his side in lieu of illegal gratification. Now the question arises whether JMC is at wrong which served owner backdate BOCA notice or enforcement staff which failed to report serious violations of land use change and even when print media very effectively with sum and substance timely highlighted commercial construction with relevant pictures that in reality commercial construction is going on at residential plot.
The eyewash action on part of JMC further continued as two months later after serving BOCA notice under Section 7(1) served owner another BOCA notice under provision of Section 7(3) demolition notice vide No. JMC/CEO/08/03/2022 dated 22-8-2022 claiming that reply submitted by owner against BOCA notice 7(1) was unsatisfactory and without based on facts. In BOCA notice under 7(3) , JMC claimed that the owner has made violations of 270.25 Sqft on first floor and 2nd floor which becomes 14.21`% violations, 1 feet and 6 inch violations in height which is 3.89% violations. The notice further claimed that there are not much partition walls that could define this building as residential premises. It deserves mentioning here that several serious violations were ignored in both the BOCA notices Viz Porch was not constructed and instead fitted it with window with elevated height and also compound wall was not constructed and infect fitted one big door which in no sense is a residential construction but three floors full-fledged commercial structure on residential plot.
Worthwhile to mention here that the owner neither appealed against demolition notice in any competent Court nor JMC sincerely implemented 7(3) notice when in this demolition notice it was categorically mentioned that if owner fails to demolish violated construction within five days the same will be done by JMC at the cost and risk of owner but the same was not implemented by JMC and as a result of which the violated structure is still intact. Pertinent to mention here that had this violated construction belong to some ordinary person, this violated structure would have been razed to ground but owner being an influential person managed to protect his violated construction and whatever action taken by JMC so far in this regard has largely been eyewash action.
After publishing of detailed story highlighting serious violations along with pictures dated 8-6-2023, owner as per guidance of JMC in the month of July 2023 pad-up bamboos to break slightly galleries extended unauthorized already possibly to hoodwink general public that violations were removed by owner and also if someone asks JMC ,they could tell them action being taken against owner hopefully to reduce owner’s violations to under 10% for compounding of same but what about serious violation of land use change from residential to commercial as JMC has itself admitted in BOCA notices that there are not enough partitions and walls to assume that this construction is residential without any compound wall, construction of porch and other construction as per approved site plan.Till date no partition has been done at the site, but an eyewash endeavor, JMC sealed the premises on 13-7-2023 under section 8(1) BOCA Act 1988 without formally releasing any press release in this regard.
This is matter of serious investigation to find out on whose command the owner was helped and supported by JMC enforcement staff against will of JMP-2032 and Unified Building Bye-laws 2021 and if no action is taken against owner, then locals will assume that whole of JMC is well behind owner to save his commercial construction on residential plot after approving his site plan purely as residential. It deserves mentioning here that as per Jammu Master Plan 2032 and Unified Building Byelaws 2021 porches up to an area of 17 Sqm shall be allowed in side setbacks only and no construction over such porches shall be allowed and area under porch shall be calculated @ 50% for coverage but the owner raised three floors of equal size more of a construction purely commercial in nature. This is a matter of serious investigation as how influential persons are being allowed to violative constructions and the rules and demolition drive is only meant for common man.
