JMC unmoved towards construction of commercial flats falling under Khasra No. 346 Min and 347 Min in village Channi Himmat, Ward 51 after clubbing four differently passed residential site plans without maintaining setbacks against Unified Building Bye-laws 2021

One name is common in four differently approved residential site plans which is Sonali Gupta wife of Sahil Gupta which proves beyond any doubt that these four differently approved residential site plans actually belong to single family.
The owners have conveniently been able to hoodwink the stipulations of the Building Bye-laws. The owners under garb of raising residential buildings by seeking four separate sets of building permissions, the owners have managed to take maximum advantage as was possible under Building Bye-laws for maximum ground coverage.
Ongoing construction at site appears to be multiple residential units enveloped in a single building which is nothing but residential flats in a common building. If the owners were to seek single permission for construction of single building in four plots with a combined area of 10203 Sqft Sqft,they would only have got permission to cover 40% of floor area but by adopting the novel method , they have been able to get permission to cover almost 75% of floor area
GY CORRESPONDENT
jammu, jan 04
Jammu Municipal Corporation after allowing unauthorized constructions in Zonal Planned Housing Board Colonies viz Gandhi Nagar, Shastri Nagar and Channi Himmat in recent past has started allowing construction of commercial flats in residential areas against JMP-2032 and Unified Building Bye-laws 2021 without looking into land use change permissions from concerned departments including JDA.To put things in right perspective, JMC passed four different residential site plans stage-1st falling under Khasra No. 346 Min and 347 Min in village Channi Himmat Jammu adjoining with Sector-2 and backside of residential house No. 225/2, 226/2 in ward-51 Channi Himmat Housing Board colony measuring nearly 2 Kanals (10203 Sqft). Accordingly First residential site plan approved in favour of Sonali Gupta wife of Sahil Gupta and Neelakshi Goyal wife of Sumit Goyal vide No. 1101/ JMC/BS/2023-24 dated 6-9-2023. According to approved site plan, the total area was 265.42 Sqm( 2857 Sqft) allowing owners stilt floor 172.19 Sqm(1853 Sqft), showing approaching road 4 mtr( 13 ft) with open area 93.23 sqmtr(1004 Sqft). Second residential site plan was approved in favour of Sonali Gupta wife of Sahil Gupta and Sapna Sethi wife of Sanjay Sethi vide No. 1102/JMC/BS/2023-24 dated 6-9-2023. According to approved site plan , the total area of plot was 259.11 Sqm(2789 Sqft) allowing owners stilt floor 168.28 Sqm( 1811 Sqft) with height of stilt floor 2.5 mtr (8.5 ft) under side of beam with open area 90.83 Sqmtr(978 Sqft). The owners were mandatory to maintain front 4.80 mtr(16 ft) , rear 2.91 mtr(9.5 ft). Similarly third site plan was approved in favour of Sonali Gupta wife of Sahil Gupta and Vishal Gupta son of Balbir Gupta vide No. 1103/JMC/BS/2023-24 dated 6-9-2023 . According to approved site plan, the total plot area was 238.75 Sqm (2570Sqft) allowing owners stilt floor 155.14 Sqm(1670 Sqft) with open area 83.61 Sqmtr(900 Sqft). The owners were mandatory to maintain setbacks including front 4.35 mtr(14 ft), rear side 2.59 mtr(8 ft). Likewise 4th residential site plan was approved in favour of Sonali Gupta wife of Sahil Gupta vide No.1140/JMC/BS/2023-24 dated 12.9.2023. According to approved site plan the total area of plot was 184.57 Sqmtr( 1987 Sqft) allowing owner stilt floor 119.93 Sqmtr(1291 Sqft) with open area 64.64 Sqmtr(696 Sqft). The owner was mandatory to observe setbacks including front 3 mtr(10 ft), rear side 2 mtr(6.5 ft). Pertinent to mention here that total area of four residential sites became nearly 2 Kanals (10203 Sqft) whereas permitted area under construction was 6625 Sqft and open area of four residential sites was 3578 Sqft. Worthwhile to mention here that from above one name is common in four differently approved residential site plans is Sonali Gupta wife of Sahil Gupta which proves beyond any doubt that these four differently approved residential site plans actually belong to single family. Moreover at the site, these four differently approved site plans have been clubbed to raise commercial flats and while visiting site ,it doesn’t look like residential construction as the stilt floors of four differently approved site plans have been clubbed to go ahead for construction of commercial flats .
Experts on the subject are of the view that the owners have conveniently been able to hoodwink the stipulations of the Building Bye-laws. The owners under garb of raising residential buildings by seeking four separate sets of building permissions, the owners have managed to take maximum advantage as was possible under Building Bye-laws for maximum ground coverage. The building appears to be multiple residential units enveloped in a single building which is nothing but residential flats in a common building. If the owners were to seek single permission for construction of single building in four plots with a combined area of 10203 Sqft Sqft,they would only have got permission to cover 40% of floor area but by adopting the novel method ,they have been able to get permission to cover almost 75% of floor area. As for as land use is concerned, though permission for residential use has been taken, it is likely that buildings shall be put to commercial use as it appears to be multiple residences in the common building that would convert it into commercial building in the shape of residential flats.
It deserves mentioning here that according to Unified Building Byelaws 2021 the regulations for residential use in terms of plot area, ground coverage, FAR and setbacks shall be in accordance with area available at the site. In this regard in case of stilt floor in a residential approved site plan shall be allowed on roads not less than 6.0 m in width where as in present case stilt floors have been allowed when road width is nearly 4 m which was conveniently ignored by JMC while approving residential site plans. Moreover ongoing construction is not being monitored by JMC or deliberately ignoring ongoing construction more likely commercial flats as differently approved site plans have been clubbed but JMC still as on date hasn’t taken any action against owners. The construction is going on continuously which doesn’t look like residential construction and the motive behind getting separately approved site plans is quite clear to cover more area and to avoid seeking land use change permission from concerned departments. Commissioner JMC should take serious cognizance of ongoing construction more likely of commercial flats in the garb of residential construction against JMP-2032 and Unified Building Bye-laws 2021 that too in residential area failing which the planned development of Jammu city will be badly affected and which is also in contravention of zoning regulations in vogue.