JMC now admits violations of 2645 Sqft on three floors at residential plot-3, Sector-4 Channi Himmat when three unauthorized commercial floors stands completed without maintaining setbacks and when construction going on continuously for last one year

JMC to save their skin under huge public pressure served owner BOCA notice under section 7 (1) dated 6-7-2023 nearly after one year since start of construction projecting huge violations of 42.40% on ground Floor , 67.88% on first floor, 28.35% 2nd floor and owner also didn’t maintain mandatory setbacks particularly rear which was supposed to left 4.7 mtr but owner left 1.3 mtr thus making violation of 72.34% besides violations in height as 3.71%
Violations as mentioned in notice under 7(1) vide No. JMC/CEO/33/01/23 dated 6-7-2023 were much higher than projected by JMC as there was no deliberate mention of construction of basement to save unauthorized commercial construction of owner on residential plot against approved residential site plan. Moreover owner was served 48 hours ultimatum but even after expiry of two months no follow-up action taken
JMC answerable as to why it took one long year to serve BOCA notice to owner, when construction of three unauthorized commercial floors was almost complete. Moreover JMC should also tell why even after two months of serving owner BOCA notice under 7(1) dated 6-7-2023 even today the construction work that is plaster work is going on and why no follow-up action taken against owner when the existing commercial construction either should be sealed for ever or should have been demolished
GY CORRESPONDENT
jammu, sep 6
Notwithstanding that this newspaper timely exposed violated constructions in Zonal planned Housing Board Colonies particularly in Channi Himmat area especially land use change cases from residential to commercial, JMC enforcement staff never took the violations seriously at the initial stage of violative constructions resulting which several unauthorized commercial structures raised in residential areas. It is unfortunate to note that when most of the constructions were nearing completion, JMC served violators BOCA notices as mere eyewash action as during BOCA notices period, owners were allowed to continue with their unauthorized constructions thus themselves making mockery of BOCA Act and also damaging spirit of JMP-2032 and Unified Building Bye-laws 2021. To put the things in perspective, one Dr. Ashok Kumar Saraf s/o Rattan Chand Saraf owner of residential plot No. 3 in Sector-4 Channi Himmat Housing Board Colony measuring 50×100 Sqft on main road of Channi Himmat Housing Board Colony that the owner against approved site plan first constructed basement measuring nearly 2000 Sqft, ground floor 4000 Sqft including porch area, first floor 4000 Sqft, 2nd floor 3000 Sqft without maintaining setbacks and raising construction beyond approved site plan vide No. 895/JMC/BS/2022 dated 18-7-2022. According to approved site plan, the owner was allowed ground floor 200.8 Sqm (2161 Sqft) , plus porch area 8.4 Sqm (90 ft) ,first floor 174.4 Sqm (1873 Sqft) and 2nd floor 133.5 Sqm (1436 Sqft). The owner was duty bound to leave front 6.1 mtr(20ft) ,rear side 4.7 mtr (15 ft), side-1 left side 2mtr( 6.50 ft) ,side-2 right side, 3 mtr (10 ft) with height of building fixed 34 ft excluding Mumty with height of plinth 2.6 ft from road level. However when owner was constructing basement, the immediate neighbours strongly protested against it and JMC under public pressure served owner non-statutory notice to owner asking owner to explain nature of construction he is raising instead of serving BOCA notice to kill the time and allow owner to continue with commercial construction in residential area but no follow-up taken and kept silent. This is evident from the fact when statutory notice was served to owner, he had by then raised ground floor covering nearly 4000 Sqft on existing basement. The owner however replied to statutory notice vide letter No.JMC/CEO/748-51 dated 9-9-2022 that he has already produced undertaking on affidavit No.INJK80175138903424U dated 5-9-2022 in this regard that he will raise only residential construction as per approved residential site plan and will never use residential site for commercial purpose. But it was a mere eyewash as the owner continued raising construction of Nursing Home as the owner by profession a doctor. JMC surprisingly after receiving undertaking didn’t take action against owner and meantime the owner continued raising commercial construction making land use change from residential to commercial with help of then enforcement Inspector deputed in Ward-50.
JMC however under huge public pressure and after print media very effectively highlighted the violations, JMC nearly after one year since start of construction served owner BOCA notice under provision of section 7(1) vide No. JMC/CEO/33/01/23 dated 6-7-2023 accusing owner of constructing building at Plot No.3, Sector -4 Channi Himmat measuring 50×100 (464.8 Sqm) against approved site plan No. 895/JMC/BS/2022 dated 18-7-2022 and making violation of 42.40% (955 Sqft) on ground floor including porch as owner was allowed 209.1 Sqm (2250 Sqft) and constructed 297.77 Sqm (3205 Sqft) . Similarly, the owner made violation of 42.40% on ground Floor as he was allowed 209.1 Sqm (2250 Sqft) but constructed 297.77 sqm (3205 Sqft). Likewise, the owner made violation of 67.88% ( 1278 Sqft) on first floor as he was allowed 174.4 Sqm ( 1873 Sqft) but constructed 292.80 sqm (3151 Sqft) . Similarly the owner was allowed 2nd floor as 133.5 sqm (1436 Sqft) but constructed 171.36 Sqm(1844 Sqft) and making violation of 28.35% (408 Sqft).
As per the BOCA notice, the owner also didn’t maintain mandatory setbacks particularly rear which was supposed to left 4.7 mtr but owner left 1.3 mtr thus making violation of 72.34%. In this way the owner was allowed total area including three floors as 5559 Sqft including porch but covered 8204 Sqft thus making violation of 2645 Sqft besides setbacks and height of building was also not maintained a per approved site plan. Besides, JMC deliberately didn’t mention construction of basement constructed by owner. Also owner was duty bound to leave side-1 as 2 mtr but left 1.3 mtr making violation of 0.7 mtr which was 35%. The other side was to be left by owner by 3 mtr but left nothing and thus made 100% violations. Finally the height of building was fixed 10.5 mtr but owner extend it up to 10.89 mtr thus making violations of 3.71%.. After projecting above mentioned violations in the notice, the owner was served 48 hours ultimatum to reply to this notice failing which the violations as projected above will be demolished by JMC at cost and risk of owner.
Worthwhile to mention here that the violations as mentioned in notice under 7(1) vide No. JMC/CEO/33/01/23 dated 6-7-2023 were much higher than projected by JMC as there was no deliberate mention of construction of basement and also put question mark on the working of JMC particularly enforcement staff and especially Secretary JMC and incharge BOCA Authority as how construction raised up to present level with such huge violations. Secretary JMC should disclose why enforcement staff was so lenient towards owner and why Secretary JMC didn’t cross-check the reports of enforcement staff. Not only this ,Secretary JMC should also make it clear how owner despite served BOCA notice continuing construction as on date also and with every passing day, the building is heading towards final finishing level. As per reliable sources, the owner strike a deal with JMC enforcement staff who offered him their unfair patronage in lieu of huge illegal gratification and became mum and mute spectator to such a huge violative construction making land use change from residential to commercial beyond approved site plan without maintaining mandatory setbacks. Earlier also, the owner was served statutory notice vide No. JMC/CEO/748-51 dated 9-9-2022 highlighting serious violations in construction but ceased to exist after reply submitted by owner dated 12-9-2022 that he will raise only residential construction which he didn’t abide by and has raised Nursing Home without maintaining mandatory setbacks in residential area covering nearly 80% plot area against allowed 45% plot area and even raising construction on porch.
JMC should seriously introspect how non-stop commercial construction on residential plot is going on for the last one year and also why JMC took one long year to serve BOCA notice to owner when construction of three unauthorized commercial floors was almost complete. Moreover JMC should also tell why even after two months of serving owner BOCA notice under 7(1) dated 6-7-2023 that too not projecting actual violations and also construction of basement and how even today the construction work that is plaster work is going on and why no follow-up action taken against owner when the existing commercial construction either should be sealed for ever or should have been demolished.