As an established norm in democratic set up whenever amendments are made they are first of all put in public domain so that consensus can be reached but in the present case, JMC didn’t seek public suggestions and straightway starting to implement these amendments without getting govt approval
Experts on subject have serious reservations regarding these amendments claiming that these amendments are aimed to benefit few and also against true spirit of JMP-2032 and Unified Building Bye-laws 2021 which will definitely damage guidelines of JMP-2032 in zonal planed residential colonies
JMC under Subject publication of J&K Unified Building Bye-laws 2021 and amended vide reference Communication No. JMC/Estt/10545-48 dated 24-12-2021 and vide another reference No. JMC/Estt/13235-38 dated 9-3-2022 and prompted a notification which says that in pursuance to the discussion held in the General House meeting of JMC dated 20-12-2021 followed by Special Session of General House held on and the decision made therein
GY CORRESPONDENT
jammu, aug 24
J&K Govt has issued Building Bye-laws and Building Codes 2021 duly approved by State Administrative Council strictly as per the JMP-2021 and these laws were applicable in whole of the Union Territory of J&K and all Urban Local Bodies and Urban Development Authorities. These building byelaws shall be applicable to all building activities undertaken by private or Government agencies and shall be read in conjunction with the Master Plan /Zonal Development Plan or any other statutory plan in force, if any, and notifications, if any, about the same and as amended from time to time and these building Byelaws may be reviewed after five years. It is very strange that in spite of above, JMC under Subject publication of J&K Unified Building Bye-laws 2021 and amended vide reference Communication No. JMC/Estt/10545-48 dated 24-12-2021 and vide another reference No. JMC/Estt/13235-38 dated 9-3-2022 and prompted a notification which says that in pursuance to the discussion held in the General House meeting of JMC dated 20-12-2021 followed by Special Session of General House held on and the decision made therein, the amendments are reflected in Annexure A to this notification which was issued by then Joint Commissioner (Adam) Pankaj Gupta making twenty eight amendments. Accordingly the amendments made in the Unified Building Bye-Laws 2021 without govt sanction include Value Capture Fund to be reduced. Building permission of constructions where ground floor is existing at the site in violation which was already passed by the House of Corporation. Lane Width relaxation for built-up constructions. Approval of Colonies with relaxation if the existing approach road width is less than required upto 1 Hectare.Stilt floors are allowed in UBBL – 2021 only on roads more than 6 mtr width.The Building fee should not be charged for religious buildings and orphanages. Labour Cess collected by JMC on behalf of Labour Department should be exempted by JMC and to be charged by the Labour Department on it own. Ramps should not be allowed beyond drains along the plot boundary. In case there is no drain, ramp should not exceed beyond 0.75 mtr. from plot edge. If the entitlement of freehold plots/lands of the JDA and J&K Housing Board is clear, then there is no need for the issue of NOC by the same departments. If an individual starts any kind of repair on their, then it’s their responsibility to inform the concerned department and the person itself is liable for the clearance of garbage/malba if put outside their land. Worthwhile to mention here that these amendments didn’t get Govt approval but JMC going further come out with JMC Building Bye-laws Oct 2021 in June 2023 and redefined jurisdiction, applicability and procedure for obtaining building permission and sanctioning building plan and this went through from 2.1 to 14.13.Worthwhile to mention here as a established norm in democratic set up whenever amendments are made they are first of all put in public domain so that consensus can be reached but in the present case, JMC didn’t seek public suggestions and acted aristocratically by straightway starting to implementing these amendments without getting govt approval to made amendments. Moreover experts on the subject have serious reservations regarding these amendments claiming that these amendments are aimed to benefit few and also against true spirit of JMP-2032 and Unified Building Bye-laws 2021 which will definitely damage guidelines of JMP-2032 in zonal planed residential colonies. Experts further said that as JMC running a parallel govt to run JMC, Govt should invoke Section 404 to dissolve Corporation as the damage already done to JMP-2032 by JMC will be quite difficult to correct by future Corporations.
Trending
- JMC fails to implement conditional compounding order in favour of owner of residential plot 250-C, Sector-2, Channi Himmat Ward-50 as owner after depositing fee Rs 1940 raising 4th floor measuring 500 Sqft excluding mumty after lapse of approved site plan when compounding order was subject to condition that owner will not commit any further violations and in case owner makes any further violations after the acceptance of compounding fee, the compounding so effected shall cancelled abinitio and action warranted under law shall be taken against owner
- JMC fails to implement verdict of High Court Jammu dated 9-10-2024 in case of residential house 584/4, Ward-50 Channi Himmat by allowing owner to continue running big shop under name & Style Durga Dutt Mart after converting drawing room making land use change from residential to commercial when JMC was at liberty to proceed against owner in case he doesn’t restore back drawing room by closing shop on residential ground floor and use premises purely for residential purpose only and de-seals shop when owner doesn’t fulfills conditions of de-sealing order now allows owner to install big iron shutter back which was earlier removed
- JDA fails to stop functioning of Banquet Hall, “Hill Top” at Channi Chawadhi when Supreme Court sustained demolition order of Double Bench of High Court Jammu to demolish it raised without permission of concerned authorities following which owner apply for regularizing/compounding violations dated 12-4-2022 exposing functioning of JDA
- JMC Enforcement Staff allows Ashok Kumar Sharma owner of private land falling under Khasra No.24 Min on Satyam road in ward 52 and area falling under old village Channi Kamala, Channi Himmat to raise 2nd floor after sealing premises dated 11-10-2024 and admitting in sealing order that owner constructed commercial shopping complex having unauthorized basement, ground floor and first floors each measuring 1359 sqft each without JMC permission against JMP-2032 / UBBL-2021 & JMC Act 2000
- Rampant illegal construction on wetland in Transport Nagar goes on unabated JMC’s silence fuels corruption, environmental destruction
- JMC unmoved towards Stilt plus three floors commercial construction at residential plot 395/4, Channi Himmat whose stage-2nd site plan approved despite serious violations in stage-1st construction of stilt floor residential without maintaining setbacks, complete change in both internal and external dimensions and keeping six windows on three sides of each floor rarely witnessed in case of residential construction deviating from residential approved site plans both stage-1sr and stage-2nd and raising unauthorized 4th floor without JMC permission
- One-Month Internship Programme for Central University Students Concludes at DIPR J&K
- JMC unmoved towards ongoing commercial construction from residential bifurcated plot 20 B/C, Gandhi Nagar Jammu wherein Yes Bank is already functional from another portion without its permission and also when Housing Board rejected owner’s transfer of ownership rights being bifurcated plot and construction of another floor at residential site at 4 A/C Gandhi Nagar and start of Saloon Fashion TV when de-sealing order by Tribunal challenged by JMC in Jammu High Court and the case proceedings still going on