JMC’s no action against commercial construction on residential plot 17/6 at initial stage results in reaching violated commercial construction at 4th floor Ward-50 Channi Himmat Housing Board Zonal planned colony without maintaining setbacks making land use change from residential to commercial without any scope for commercial parking

JMC enforcement staff despite complaints by locals that commercial construction going on residential plot allowed owner continues construction and instead of serving him BOCA notices under relevant sections supported owner to raise commercial construction on residential plot now reaching 4th floor which was not sanctioned as per approved residential site plan
Commercial constructions on residential plot has badly affected ventilation and sunlight of neighbors who now strongly regretting buying a residential plot in the area where there is no rule book anyone can raise choice construction with help of JMC enforcement staff
Owner contrary to approved site plan just like his brother Narinder Kumar Gupta at 18/6 already completed four floors construction has raised three commercial floors and at present construction of 4th floor is going on contrary to residential approved site plan by changing dimensions and without maintaining setbacks. The four floor construction raised by owner is no way residential construction and except big door towards front side, there is absolutely no partitions inside which without doubt is a commercial construction
At present construction of 4th floor on RCC pillars is going on , but so far JMC has not taken any action against owner despite knowing that both brothers are actually constructing big Hotel on residential plots without any scope for parking. When Secretary JMC approached about this gigantic commercial construction on residential plot she remarked that no violation report has been received from concerned Enforcement Inspector Ram Khajuria in a sense tried to pass the buck as she being incharge of BOCA Authority in Channi Himmat area should take every complaint seriously and should personally cross-check every complaint rather than putting whole blame on Enforcement Inspectors
The present violations deserved to be served BOCA notices but ignored from initial stage of violation. Moreover the site plan has been wrongly approved as in residential site plan permission of extension Foyer with lift provision on ground floor is self testimony of construction being commercial as it is an entrance hall or other open area in a building used by the public, especially a hotel or theatre.
GY CORRESPONDENT
Jammu, jan 31
JMC’s poor functioning and enforcement staff ‘s unfair practices have turned JMP-2032 and Unified Building Bye-laws 2021 mere photo frames hanging on walls as most of the ongoing construction in Municipal areas being raised deviating from approved site plans. Shockingly new trend prevailing now days is get site plan approved residential and then with help of enforcement staff convert residential construction into commercial without least caring about Zonal regulation and planned development of Jammu city.
To put things in perspective, one Ramesh Kumar Gupta after getting transferred residential plot 17/6 on main road of Channi Himmat Housing Board Zonal Planned Colony in Ward-50 from his father Sudershan Kumar Gupta on his name on 13-7-2021 vide Housing Board order No. 147 of 2021 applied for residential site plan from JMC and got approved site plan vide No. 720/JMC/BS/2023-24 dated 10-7-2023. According to approved site plan, the total plot area was 464.52 Sqm (5000 Sqft) . Worthwhile to mention here that the owner later also deposited payment for extra area of 33 Sqft while granting NOC but the site plan was approved for 5000 Sqft as mentioned by owner which was not cross-checked by concerned .
The owner Ramesh Kumar Gupta was allowed ground floor 192 Sqmtr (2067 Sqft), first and 2nd floors 175 Sqmtr (1884 Sqft) each with open area 272.52 Sqmtr (2933 Sqft). The owner was mandatory to observe setbacks including 7.50 mtr (25 ft) from front side, Side-1 (Right site), 3 mtr (10 ft), Side-2nd(Left side) 2mtr (6.50 ft), rear 3 mtr (10 ft). The owner accordingly paid Rs 23697 as building fee for permitted construction area. The height of building was fixed as 11 mtr (36 ft) for three floors from road level . Extension Foyer with lift provision on ground floor is self testimony of construction being commercial as it is an entrance hall or other open area in a building used by the public, especially a hotel or theatre.
The owner contrary to approved site plan just like his brother on residential plot 18/6 started commercial construction in the month of July 2023 100% contrary to residential approved site plan by changing dimensions both internally and externally and without maintaining setbacks. The ground floor construction covering nearly 4000 Sqft raised by owner and also constructed porch towards front side which was not sanctioned in approved residential approved plan. Ground floor construction was no way residential construction and except big door towards front side, there was absolutely no partitions inside which without doubt was a commercial construction.
The owner also didn’t maintain mandatory setbacks including the owner was duty bound to leave 25 ft but left 15 ft, Side-1 (Right side) 10 ft but left only 5 ft, similarly side-2nd ( 6.50) but left 3 ft that too by extending galleries on all floors on all sides. When first floor construction was going on locals timely and properly brought into kind notice of enforcement staff and even higher ups of JMC but no action taken against owner and unauthorized commercial construction on residential plot continued. The result of which is now construction of fourth floor covering nearly 3000 Sqft in garb of mumty is going on after constructing two floors all in equal size 3500 Sqft. But so far JMC has not taken any action against owner despite knowing that both brothers are actually constructing big Hotel on residential plots without any scope for parking when such a construction is strictly prohibited under JMP-2032 and Unified Building Bye-laws 2021
The present violations deserved to be served BOCA notices but ignored from initial stage of violation. Moreover the site plan has been wrongly approved as in residential site plan permission of extension Foyer with lift provision on ground floor is self testimony of construction being commercial as it is an entrance hall or other open area in a building used by the public, especially a hotel or theatre. Moreover when Secretary JMC approached about this gigantic commercial construction on residential plot she remarked that no violation report has been received from concerned Enforcement Inspector Ram Khajuria in a sense tried to pass the buck as she being incharge of BOCA Authority in Channi Himmat area should take every complaint seriously and should personally cross-check every complaint rather than putting whole blame on Enforcement Inspectors.
One thing is sure that J&K Govt is totally non-serious in implementing JMP-2032 in letter and spirit live example of which is quite visible in Channi Himmat Govt Housing Colony where hundreds of unauthorized structures have been raised with the support and encouragement of JMC enforcement staff which has always been hand in glove with violators resulting in huge commercial constructions on residential plots much to the despair and agony of locals now strongly regretting buying a residential plot in the area. Instances of open violations of approved site plans have been brought from time to time in Several kind notice of JMC authorities and that too from initial stage of violations but JMC enforcement staff rather than reporting violations to their higher authorities have managed violations at their own by embracing violators at the cost of serious damage to JMP-2032 and huge loss to Govt exchequer besides resulting in unplanned development in area .