Violated construction of ground floor completed, construction of first floor going on at 66/6 in Channi Himmat without approval of site plan from JMC, BOCA covering nearly 80% plot area without maintaining setbacks

It is surprising to note that when JMC didn’t provide any permission for residential construction how owner managed to raise ground floor without maintaining setbacks and why JMC so far JMC hasn’t served any BOCA notices to owner, why Enforcement Inspector deputed in ward-50 not taken to task for not reporting construction without JMC permission
JMC should remember that J&K Development Act, 1970 vide Section 13 clearly provides that no person including the department of the govt shall undertake or carry out development of any land or building in any zone unless permission for such development has been obtained in writing from the authority in accordance with the provisions of the Act.
Enforcement Inspectors don’t maintain proper registers of each ward and take action against violators as admissible under rules with proper entry on action taken report register. When Enforcement staff is informed by locals about violated construction they often say that they will visit the site and will look into but if they maintain register the violations should be at finger tips for immediate action.
Enforcement Inspectors don’t submit action taken report to concerned I/c EO/AEO for its onward submission to Secretary /Dy Commissioner (North) for action under rules as per relevant provision of law in vogue. As a result of which I/c EO/AEO don’t get action reports confirmed or counter checked by Secretary /Dy Commissioner (North) on weekly basis
GY CORRESPONDENT
jammu, sep 7
BB Sharma s/o Maya Ram r/o 585 Lakshmi Nagar, Sarwal Jammu allotted a residential plot 66/6 measuring 50×100 (5000 Sqft) in Channi Himmat Jammu without getting site plan approved from JMC started residential construction in the month of April 2023 with the help of then Enforcement Inspector in Ward 50 Jasbir Singh and constructed ground floor without maintaining any of setbacks as mandatory in case of residential construction and covered nearly 80% of plot area when he was allowed only 45 % construction as per JMP-2032 and Unified Building Bye-laws 2021.
This was authenticated by Senior Town Planner JMC while replying to an RTI application dated 27-5-2023 vide letter No. JMC/BS/RTI/91-93 dated 20-6-2023 filed in this regard by replying that no building permission has been granted in favour of BB Sharma s/o Maya Ram r/o 585 Lakshmi Nagar, Sarwal Jammu owner of 66/6 measuring 50×100 (5000 Sqft) in Channi Himmat Jammu .
It is surprising to note that when JMC didn’t provide any permission for residential construction how owner managed to raise ground floor without maintaining setbacks and more surprising is to note that JMC so far hasn’t served any BOCA notices to owner. The J&K Development Act, 1970 provides for the constitution of development authorities for any local area as body corporate and provides for the preparation of Master Plan 2032 and Zonal Plans, the development of the area is supposed to take place in accordance with the said plans .
The Act vide Section 13 clearly provides that no person including the department of the govt shall undertake or carry out development of any land or building in any zone unless permission for such development has been obtained in writing from the authority in accordance with the provisions of the Act.
But sadly JMC didn’t take serious cognizance of above mentioned provisions and allowed owner to raise violated ground floor without maintaining setbacks and site plan approval from JMC. Fully encouraged and supported by JMC enforcement staff deputed in the area , the owner has started construction of first floor from the last week and meantime the plaster work of ground floor is going on as the newly deputed Enforcement Inspector Ram Khajuria dated 24-7-2023 is well known for entertaining such constructions and his transfers have been mainly due to crossing limits of allowing violated constructions in his wards.
Secretary JMC while replying to RTI application vide her letter No. JMC/CEO/S/179-80 dated 29-8-2023 in this regard has replied that as per record of JMC ,no violation report has been submitted by concerned Enforcement Inspector in Ward-50 about construction going on at 66/6 Channi Himmat Jammu which only means that JMC enforcement has definitely helped owner by not timely reporting violative construction at the initial stage of violation and as a result of which the construction of first floor has been started from the last week.
Most of the Enforcement Inspectors deputed in 75 Wards don’t perform their duties honestly, for example the first condition that the Enforcement Inspectors and I/C Enforcement Inspectors shall conduct extensive checking in the allotted wards and make proper detailed list of ongoing constructions in their respective area of jurisdiction. Had it been so, no one would have dared to undertake unauthorized constructions in Zonal planned colonies and precious time of J&K Special Tribunal and RTI Activists would have been saved.
The condition 2 states that they shall maintain proper registers of each ward and take action against violators as admissible under rules with proper entry on action taken report register. But surprisingly when Enforcement staff is informed by locals about violated construction they often say that they will visit the site and will look into but if they maintain register the violations should be at finger tips for immediate action.
Under condition3, in reality they don’t submit action taken report to concerned I/c EO/AEO for its onward submission to Secretary /Dy Commissioner (North) for action under rules as per relevant provision of law in vogue. As a result of which I/c EO/AEO don’t get action reports confirmed or counter checked by Secretary /Dy Commissioner (North) on weekly basis . In light of above ,the need of the hour is to make necessary reforms in functioning of JMC otherwise the way JMC is functioning presently it will prove disastrous for JMP-2032 and Unified Building Bye-laws 2021 also.
Commissioner JMC should take serious cognizance of this as on one hand JMC claims simplifying procedure for applying building permissions and if even then the owner like BB Sharma doesn’t take permission from JMC and successfully completes ground floor without maintain setbacks and covering 80% plot area without being served BOCA notices under relevant sections of BOCA Act should hold Enforcement staff responsible for remaining silent and not reporting violations at initial stage otherwise the whole functioning of JMC would be collapsed very soon.