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.
