Aggrieved Residents of Channi Himmat demand befitting action against 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 as per notice released by Commissioner JMC published in print media under DIP/J-5741/P-23 dated 12-3-2024

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, mar 14
Making ample use of loopholes and drawbacks in functioning of JMC and also after ensuring support of JMC enforcement staff, one well known builder Sahil Gupta purchased a piece of private land measuring nearly 2 Kanals(10203 Sqft) falling under Khasra No. 346 and 347 Min situated at old village Channi Himmat Jammu adjoining residential plots of Sector-2 of Channi Himmat Housing Board colony in Ward-51 with a sole aim of constructing commercial residential flats as a part of real Estate business. The owner being builder by profession well versed with documentation and other norms first of all raised boundary wall and very cleverly got registered this piece of private land in four portions where Builder and his wife got registered on portion of four portions on his name and three portions got registered on her wife name with additions of names of his relatives to hoodwink general public and also JMC authorities that this piece of land also belong to three other persons whereas the reality is that this piece of private land completely belongs to builder Sahil Gupta who is well known name in the business of purchasing aggregate land and then raising commercial flats at the cost of JMP-2032 and Unified Building Bye-laws and also without least caring about the width of road approaching the site in question. Anyhow JMC passed four residential site plans stage-1st in favour of single family 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 in ward-51 Channi Himmat Housing Board colony measuring nearly 2 Kanals (10223 Sqft). Accordingly First residential site plan 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).
2nd 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).
Third 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).
Fourth residential site plan was 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).
The owners were mandatory to maintain front 4.80 mtr(16 ft) , rear 2.91 mtr(9.5 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 and as per approved site plans the owners were allowed Stilt floor plus three floors residential house. 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 .
It deserves mentioning here that contrary to approved site plans as was already clear that owner of this piece of land was builder Sahil Gupta and as a result of which four separately approved residential plots were clubbed and started combined construction with common walls, staircase and the common slab work and openly declaring commercial construction and also more of commercial flats after getting site plans approved residential and accordingly paid residential building fee . The JMC was fully behind Builder Sahil Gupta which was evident from the report of Building Officer/Surveyor report dated 19-8-2023 which claimed that during inspection the plot was vacant whereas in reality there was existing boundary wall before taking possession of this private land by builder Sahil Gupta and thus openly extending JMC’s support to owner to raise commercial flats. When owners raised slit floor construction, locals strongly resented commercial flats construction and brought the matter into notice of JMC higher authorities and also concerned JMC enforcement staff but JMC only landed deaf ears and blind eyes and as a result of which now at present as on date the construction of first floor is in progress without maintaining mandatory setbacks and also without taking into consideration the mandatory requirement of approaching road width.
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 mtr in width where as in present case stilt floors have been allowed when road width is nearly 4 mtr 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/JDA.
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.
The present case deserves action as per public Notice released by Commissioner Jammu Muncipal Corporation which was duly published in print media on 13/03/2024 under DIP/J-5741/P-23 dated 12-3-2024 wherein as per J&K Municipal Corporation Act 2000 and Uniform Building Bye laws 2021, settlement of more than 4 plots shall be considered a colony and colony lay out to be duly approved from JMC with provisions for requisite road width open space and parks. Further as per J&K Real Estate (Regulation and Development) Act 2016 and subsequent rules, it is mandatory to register real estate projects with more than 500 Sqm (nearly one Kanal) of plot area or exceeding 8 number of apartments with real estate regulatory authority to protect the interests of consumers. The site in question is nearly two kanals and there is likelihood that number of apartments will definitely exceed 8 numbers which deserves immediate action from JMC authorities.
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.