JMC under public pressure served owners BOCA notice under provision of section 7(1) dated 27-2-2023 vide No. JMC/CEO/74/01/2022 claiming that the owners have raised ground plus two floors against approved site plan and have not observed mandatory setbacks besides floor coverage as per approved site plan and that these violations seriously affects planned development of Jammu city and contravenes building plan but spared action after undertaking by owners to raise only residential construction which was completely violated
As per 7(1) BOCA notice, owner was allowed to construct ground floor ,first and 2nd floor 161 Sqm each but owner constructed ground floor,first and 2nd floor covering 183.53 Sqm exceeding violations 13.99% each floor and violated 22.53 Sqm each 243 Sqft (729 Sqft on three floors) thus projecting violations as 67.59 Sqmt total violation with 13.99% violations on each floor
GY CORRESPONDENT
jammu, feb 5
JMC higher authorities well versed with tricks of owners deliberately ignored falsehood and accordingly deputed its Engineering wing to verify/check claims of owners with regard to safety of building that if all violations were removed then this structure may cause damage to its safety. The engineering wing of JMC already in favour of owners wrongly authenticated claims of owners by replying that building in question is structured based and if all the violations are removed, then it can damage safety of structure Gagandeep Singh Bedi and Pawandeep Singh Bedi sons of Jaswinder Singh Bedi purchased residential plot 71/5 measuring 293 Sqm(3154 Sqft) Channi Himmat Housing Colony from original alottee costing worth crores and accordingly got approved site plan from JMC vide No.1082/JMC/BS/2022 dated 10-8-2022 for residential purposes only. As per approved site plan, the owners were allowed ground, first and 2nd floor each 161 Sqm( 1733 Sqft) each with open area 132 Sqm( 1421 Sqft) with height of building 32 ft from the road level . The owner was mandatory to leave 4.25 mtr ( 14 ft) from front side, rear side 2 mtr(6.5 ft), side-1, 2 mtr(6.5 ft) without mentioning sides whether left or right.
As per approved site plan, the owner was supposed to construct kitchen on left and right side and in between open Verandah which was also main entry to enter premises, bathroom with open terrace towards front side on ground floor with stairs inside along with a cut out measuring 6.74×1.23 mtr for ventilation purposes as visible in duplex construction in between a two kitchens and two bathrooms with verandah towards backside. Moreover empty space shown on either side in the approved site plan lacks mentioning of purpose of these left spaces. Similarly from backside there was a provision for two bathrooms and a open area in between also which were not constructed and instead constructed stairs from backside covering area in size of bedrooms which was not part of approved site plan. Moreover there was no front entry door and instead installed three windows and owners on their own kept the front entry gate on the backside of ground floor. In this way the owner constructed violated three floors all in equal size absolutely contrary to approved site plan residential and instead constructed commercial structure absolutely a bar and restaurant as the owner already running of chain of hotels in Jammu District and by the way it was prime intention of owners to raise commercial construction as the owners completely changed internal and external dimensions on their own.
However JMC under public pressure served owners BOCA notice under provision of section 7(1) dated 27-2-2023 vide No. JMC/CEO/74/01/2022 claiming that the owners have raised ground plus two floors against approved site plan and have not observed mandatory setbacks besides floor coverage as per approved site plan and that these violations seriously affects planned development of Jammu city and contravenes building plan. The owners as per 7(1) BOCA notice were served 48 hours ultimatum to reply to this notice as to why violations as mentioned above should not be sealed/demolished. The owner was allowed to construct ground floor and first floor 161 Sqm each but owner constructed ground floor, first and 2nd floor covering 183.53 Sqm exceeding violations 13.99% each floor and violated 22.53 Sqm each 243 Sqft (729 Sqft on three floors) thus projecting violations as 67.59 Sqmt total violation with 13.99% violations on each floor. The report however wrongly claimed that setbacks were observed by owners and that owners were allowed height 11.28 Mtr but owners raised height exceeding to 1.43 mtr against allowed 9.85 mtr thus projecting violations as 14.51%. Besides owners have raised two rooms on third floor in addition to Mumty without JMC permission, though slab work still awaited which was not mentioned in report. Moreover galleries raised by owners towards left side besides non-maintenance of cut, verandah and also open area not kept were also not mentioned in BOCA notice 7(1). After visiting site, violations are much more than as mentioned in the notice and JMC deliberately didn’t take action against owners at initial stage of construction till three floors completedWorthwhile to mention here that since BOCA notice under provision of section 7(1) dated 27-2-2023 vide No. JMC/CEO/74/01/2022 was served to owners to reply within 48 hours and the same was replied by owners claiming that violations as mentioned in notice have been removed.
According to re-measurement report of Surveyor dated 17-4-2023, the violations were drastically reduced like earlier violations of each floor of three floors was 13.99% as per 7(1) BOCA notice dated 27-2-2023 and now 5.83%. Likewise Ground, first and 2nd floor earlier was 183.53 Sqm and now 170.40 Sqm Similarly three floors violations earlier was 729 Sqft on three floors and now 305.40 Sqft . Earlier violations of height was 11.28 Mtr against 9.85 from front road level and now 9.84 mtr up to plinth level which should have been from front road level.
Worthwhile to mention here that when JMC in order to put dust in the eyes of aggrieved people and for record sake served owners fresh BOCA notice under provision of section 7(3) vide No. JMC/CEO/74/03/22 dated 22-5-2023 and keeping reduced violations same as mentioned in 7(1) notice. The owners surprisingly instead of approaching competent Court against 7(3) demolition notice took into confidence the enforcement staff to meet their ulterior motives and accordingly produced a written undertaking before JMC that their violations are well below 10% and are compoundable under Unified Building Bye-laws 2021 and appealed to compound their violations claiming that Commissioner JMC having power to compound violations below 10%. Continuing ongoing drama to save violative structure of owners , JMC again served another notice dated 17-8-2023 to explain why the violations as mentioned in BOCA demolition notice under 7(3) dated 22-5-2023 can’t be demolished completely. The owners made a bizarre reply that whole of the violations can’t be removed as the building is structured based and if all the violations are removed then there is likelihood that whole structure might collapsed.
JMC higher authorities well versed with tricks of owners deliberately ignored falsehood and accordingly deputed its Engineering wing to verify/check the claims of owners with regard to safety of building that if all the violations were removed then this structure may cause damage to its safety. The engineering wing of JMC already in favour of owners wrongly authenticated claims of owners by replying that the building in question is structured based and if all the violations are removed, then it can damage safety of structure. As a result of which Assistant Enforcement Officer Channi Himmat area vide his order No. JMC/CEO/733-36 dated 8-9-2023 ordered compounding of violations as Rs 14100 for three floors as per BOCA demolition notice 7(3) which was deposited by owners vide No.4721 dated 11-9-2023.
It is very unfortunate that despite lot of drama and unnecessary paper works in form of serving owners BOCA notices, the structure is still intact as from day one the intention of JMC field staff and higher authorities was never ever to take action against owners and to stop this huge commercial construction on residential plot which is huge setback for law abiding citizens in the area the way JMC very cleverly saved this violative commercial construction of three floors on residential plot which is now ample clear that it is nothing less than a huge hotel which has been denied till date by JMC after joining hands with owners.
In the light of above, JMC Commissioner should constitute a high level Committee to look into the violations as mentioned above and how JMC enforcement staff ridiculed BOCA notices and how JMC trusted owners on simple undertakings that they will raise only residential construction that too as per approved residential site plan.
