The owners deliberately didn’t get NOC from Housing Board and also didn’t get the commercial site plans approved from JMC as had they got site plan approved from JMC they would have got 70% construction as per JMP-2032 and Unified Building Bye-laws 2021 and the owners wanted to cover hundred percent area because of recent hike in price of commercial sites in Channi Himmat Housing Board colony
GY CORRESPONDENT
jammu, may 01
Notwithstanding JMC made site plan approval procedure easiest one with a aim so that eligible owners without any hodge-podge can apply for approval of both residential and commercial site plans and the same can be approved timely and properly but it has been observed that despite making number of changes to facilitate applicants, still many owners don’t follow laid down procedure to get site plans approved from JMC and infect adopt shortcut procedure which leads to seeking unfair help and patronage of concerned enforcement staff particularly Enforcement Inspectors who in lieu of illegal gratification take every responsibility to ensure nonstop violated construction without least bothering about authority of JMC and particularly JMP-2032 and Unified Building Bye-laws 2021 which has proved shocker of life for law abiding citizens who now seriously repent buying a residential plot in Channi Himmat Zonal Planed colony which is swiftly being converted into commercial area. This has resulted new modus operandi which is sparing influential violators and taking harsh action against those having no political and administrative approach to hoodwink gullible people that JMC is extremely harsh against violators and sole guardian of JMP-2032 and Unified Building Bye-laws 2021 which in turn has encouraged huge boost in unauthorized constructions with or without site plans approval from JMC.
To put things in perspective intimating what has been written above in honour of JMC enforcement staff, J&K Housing Board allotted 9 commercial sites for shops from serial No. 25 to 33 adjoining with plot No.282 /2 and 6 shops from serial No. 34 to 39 adjoining with plot No. 289/2 measuring 12×12 Sqft in Sector-2 surrounding Matador stand in Ward -50 Channi Himmat Housing Board colony where there is front and back road each 8 ft of Housing Board. It deserves mentioning here that out of these 15 shops sites ,the construction work of only two shops sites 34 owned by Ajay Sharma s/o Mohan Lal r/o Amb Gharota, District Jammu & 35 owned by Ram Gopal Sharma s/o Bal Krishan Sharma r/o 370/5 Channi Himmat Jammu has been started from 22-4-2024 on RCC Pillars by two owners respectively without getting site plan approved from JMC but with help of enforcement staff deputed in the area by clubbing both these shops sites with common walls covering hundred percent area of commercial site shops without leaving any space for parking towards front side when they were entitled only 70% construction which becomes nearly 101 ft with open area 43ft from front side separately which was not done. The owners haven’t taken prior NOC from Housing Board and also didn’t get the site plans approved from JMC as had they got site plan approved from JMC they would have got 70% construction as per JMP-2032 and Unified Building Bye-laws 2021 and the owners wanted to cover hundred percent area of 144 sqft seprately because of recent hike in price of commercial sites in Channi Himmat Housing Board colony has resulted in commercialization of residential sites. In a recent E-Auction of Housing Board commercial sites inviting bidders for e-auction of commercial sites on lease basis for a period of 20 years and the same published in print media under DIP/J-4687-P/23 dated 28-12-2023 where a commercial site in Channi Himmat measuring 420 Sqft will have minimum reserved bid Rs 6273120 that too in the interior of Housing Board colony what to talk of price of commercial sites on main road of Channi Himmat Housing Board Colony. Huge push in price of commercial sites have convinced many owners of residential sites to convert their residential construction into commercial ones and also fresh commercial construction on residential plots in Channi Himmat area after getting residential approved site plan.
One thing is sure that J&K Govt is totally non-serious in implementing JMP-2032 and Unified Building Bye-laws 2021 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 .
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- Commercial construction reaches third floor on residential plot 250-C, Sector-2 Channi Himmat Zonal planned colony without maintaining setbacks completely contrary to residential approved site plan with no provision of windows, ventilators, cut out and JMC now serves owner notice under provision of section 253(1) JMC Act 2000 without mentioning actual violations like three floors commercial, extended galleries, iron stairs from backside and no internal walls partitions
- JMC stuns Channi Himmat by sealing Varmani Shopping Complex, Channi Himmat, Sector-2, Ward-50 on 30-12-2024 for violations to tune of 8053 sqft in basement+ground+3 floor excluding violated 4th floor of 2674 sqft correcting earlier violations of 1704 sqft and de-sealing Complex on 31-12-2024 for 20 days besides allowing its functioning since 2013 without depositing compounding fee Rs 127800 by owner as decided by J&K Special Tribunal dated 30-12-2013
- JMC enforcement staff after shaking hands with owner allows restart of three unauthorized big size commercial shops at residential plot 29-C, Shastri Nagar, Ward-22 which remained stopped for sometime after aggrieved locals opposed commercial construction and print media highlighted violated construction along with pictures dated 21-10-2024 making land use change without getting site plan approved from JMC which can’t be done plot being bifurcated
- JMC yet again makes mockery of notice under section 253 (1) JMC Act 2000 served to owner of residential plot 66/5 ,Ward-50 Channi Himmat wherein serves 48 hours ultimatum to owner to remove violations dated 14-10-2024 but without taking follow-up action against owner approves fresh site plan dated 28-11-2024 when existing violations were not removed by owner after giving written undertaking and further construction of two floors started
- JMC Building Section out of way sanctions stilt floor commercial parking stage-1st at commercial sites 3,4 and 5 in Sector-2 Ward-50 Channi Himmat and enforcement staff fails to take action against owners when differently approved site plans clubbed and raised joint construction of commercial halls as single unit without maintaining setbacks and not constructing new stilt floors commercial and in spite of violations in stage-1st construction JMC approved stage 2nd construction and at present stage-2nd construction going on from last 15 days with help of enforcement staff
- Commercial construction reaches third floor on residential plot 250-C, Sector-2 Channi Himmat Zonal planned colony without maintaining setbacks completely contrary to residential approved site plan with no provision of windows, ventilators, cut out but JMC yet to take action against owner despite highlighting violated construction in Print Media along with pictures and bringing same in notice of concerned enforcement staff deployed in Channi Himmat Zonal planned colony
- JMC Enforcement staff deputed in Channi Himmat Ward-50 allowing construction of commercial hall on residential plot 634/3 without maintaining setbacks, without partition of walls, windows, ventilators with stairs on front side and also with lift provision absolutely contrary to residential approved site plan doing huge injustice with those who have purchased commercial sites
- Existing violated structure on private land falling under Khasra No. 4 Min, Ward-51, Channi Himmat earlier sealed, site plan withdrawn, then restored without removing violations now undergoing complete renovation and conversion from sanctioned mixed use of both residential and commercial to full-fledged commercial halls on three floors measuring 10000 sqft each to run big size shopping mall without JMC permission but with help of enforcement staff deployed in Channi Himmat