Owner of 641/3 starts unauthorized construction without getting site plan approved from JMC and observing setbacks after Housing Board served final notice to owners of 38 vacant plots in Sector-3 Channi Himmat to start construction within 21 days

Owner also completed slab work on already illegally constructed shop having tin roof with RCC slab on Nov 8th 2023 on the front side of main road of Channi Himmat colony perhaps with help of enforcement staff and now two bed room set heading towards slab work in couple of days without JMC permission
Owner deliberately didn’t get sit plan approved from JMC so that his illegal shop can be saved as had he applied site plan from JMC he would have been asked to demolish existing shop before approving residential site plan as properly guided by enforcement staff how to save his illegal existing shop
The leniency on part of Jammu Municipal Corporation particularly Enforcement staff has encouraged violators to openly defy the authorities of Jammu Municipal Corporation and have constructed steel fabricating structure initially without getting site plan approved from JMC and then with active connivance of JMC enforcement staff convert it into concrete commercial structures wherein under the guise of kiosks, the plot owners are constructing commercial shops without any building permission from JMC so as to get these shops legitimized as old.
GY CORRESPONDENT
jammu, nov 30
Jammu Municipal Authorities do not have the courage to touch the rich and resourceful or the politically powerful and influential. In the recent past where buildings should not have been allowed to come up Housing Boarad Zonal planned colonies viz Gandhi Nagar, Shastri Nagar and Channi Himmat, but having come up, they should have been demolished much before badly damaging JMP-2032 and Unified Building Bye-laws 2021. Unfortunately, no or delayed action was taken because those associated with these buildings were either rich or powerful or politically influential, or all three. Our question is: what of the Municipal officials under whose very nose these unauthorized structures raised? Why did they not enforce the law? Have they been suitably punished for their criminal negligence? Nobody knows and, in all probability, they would have got away rather lightly. The prime example of this monopoly between violators and JMC concerned field staff is ongoing unauthorized construction at residential plot 641/3, in Sector-3 Channi Himmat Housing Board Zonal Planned colony in Ward 50.
To put the things in perspective, this newspaper published a detailed story along with pictures dated 12-11-2023 that unauthorized construction is going on at residential plot 641/3 measuring 30×55 on main road of Channi Himmat Housing Board colony in Ward-50 owned by one Parveen Kumar s/o Mohan Lal Gupta bought from one Dr Madhu Sethi r/o 37/6 Channi Himmat Jammu who in turn bought it from original alottee Baldev Raj s/o Chuni Lal r/o Sareen Typing Institute, Patel Bazzar who started unauthorized construction towards the backside of plot without getting site plan approved from JMC on Nov 1st 2023 and also completed slab work on 9-11-2023 on already existing shop where there was earlier tin shed towards front side on the main road of colony without JMC permission.
. The same is evident from the fact that Dr Madhu Sethi has applied for permission from MD Housing Board Jammu to further sell her residential plot to one Parveen Kumar as per reliable sources disclosing on condition of anonymity. This will be followed by transfer of ownership rights (lease hold rights) through proper agreement in court of law and ultimately will pave way for Parveen Kumar to get approved site plan from JMC. This all this is still under process which means that the site plan hasn’t been approved in favour of Parveen Kumar then the million dollar question is how the unauthorized construction is going on at the site without JMC permission and the nearest possibility is that enforcement staff has extended unfair help and patronage to owner for raising unauthorized construction without JMC permission.
Coming back to construction at the site, the owner successfully completed plinth work and was raising brick walls when this newspaper published detailed story along with pictures that unauthorized construction is going on at the residential plot 641/3 without JMC permission, the enforcement staff as an eyewash action stopped construction work for few days but for the last one week the construction work was again started with the help of Assistant Enforcement Officer, Enforcement Inspector and last but not the least Secretary JMC who is also incharge BOCA Authority in Channi Himmat area after joining hands with owner to let him raise choice construction without approval of site plan from JMC. It deserves mentioning here that owner deliberately didn’t get sit plan approved from JMC so that his existing illegal shop can be saved as had he applied site plan from JMC he would have been asked to demolish existing shop before approving residential site plan. The owner also completed slab work on already illegally constructed shop having tin roof with RCC slab on Nov 8th 2023 on the front side of main road of Channi Himmat colony perhaps with help of enforcement staff . Now the owner at present undergoing construction of two bed room set wherein in couple of days the slab work will be completed as the brick walls are heading towards slab work in couple of days time.
Worthwhile to mention here that after serving of J&K Housing Board notices to vacant plot holders allotted on lease basis to leases to start construction on their vacant plots as it was mandatory for lease holders to undertake construction after expiry of 3 to 5 years from the date of execution of lease deed has resulted in unauthorized constructions in Channi Himmat area without getting permission from JMC. Most of the constructions undertaken by owners after serving of notice by Housing Board to construct residential houses who even after more than forty years of getting allotment of residential plots didn’t undertake constructions and kept plots vacant. Now after earlier serving notices to owners to raise construction in their vacant plots, Housing Board recently 28-10-2023 served final notice to owners of these plots to start construction within 21 days failing which their lease deed may be cancelled.
Worthwhile to mention here that the ongoing unauthorized construction without JMC permission in most of the vacant plots asked to start construction in their vacant plots including residential plot 641/3 in question is also result of Housing Board notices. The leniency on part of Jammu Municipal Corporation particularly Enforcement staff has encouraged violators to openly defy the authorities of Jammu Municipal Corporation and have constructed steel fabricating structure initially without getting site plan approved from JMC and then with active connivance of JMC enforcement staff convert it into concrete commercial structures. The majority of law abiding citizens in the vicinity termed it as a brazen act of lawlessness wherein under the guise of kiosks, the plot owners are constructing commercial shops without any building permission from JMC so as to get these shops legitimized as old.
The solution lies in making JMC officials accountable to the Constitution and the law, as much as the builder or owner of any unauthorized construction. Until and unless officials are punished for their inaction, negligence or criminal negligence, unauthorized construction will occur and we will be rudely awakened every once in a while. On the other hand, if officials are not punished for their high-handed and arbitrary actions, we will encourage a culture of impunity. Accountability jurisprudence must take root in our justice delivery system so that the culture of impunity that JMC officials have grown up with gets obliterated from our lexicon.
This is a serious issue which deserves urgent attention of JMC Commissioner to stop Zonal Planned colony Channi Himmat Housing Colony from becoming commercial hub like Gandhi Nagar and Shastri Nagar. JMC Commissioner, Rahul Yadav should take serious cognizance of construction of illegal kiosks and should instruct the Khilafarzi wing for dismantling unauthorized kiosks in Wards 50 and 51 Channi Himmat Housing Board colony. Moreover, shielding willful violators of illegal constructions should be seriously taken by JMC higher authorities. The elected councillors failed to strive to ensure healthy developments in their respective wards as per laid down norms of JMC and avoid boosting acts of building permission violators.