JMC unmoved towards ongoing violated construction of grand hotel cum Restaurant by dismantling Banquet Hall Tripple S in Ward-40, Basant Vihar against approved site plans both stage-1st and stage-2nd covering more area and without observing mandatory setbacks without defined and designated parking against JMP-2032 and Unified Building Bye-laws 2021

Surprisingly JMC approved site plan measuring area 6 Kanal 7 Marlas (3071.10) sqmtr whereas the owners sought land use permission from JDA for area 5 Kanals and 13 Marlas. This is shocking to note that why more land was shown while approving site plan and why land use permission was sought for 5 Kanals and 13 Marlas which prima-facie suggests allowing more area against permitted construction
According to stage-2nd approved site plan ,the owners were allowed new basement-1 commercial as 1808.79 Sqm (19470) Sqft whereas in stage-1st approved site plan new basement-1 commercial was 1780.48 Sqm (19164) Sqft was for public parking and the owners managed extra construction of basement against approved site plan which was pin pointed by Building officer during his visit to recommend stage-2nd that owners have made excess construction of 28 sqm (301) Sqft commercial basements and the same added in area of basement in 2nd stage approved site plan which became 1808.89 Sqm (19470) Sqft
GY CORRESPONDENT
jammu, may 17
The owner Rajan Gupta and Shant Gupta and others owners of Banquet Hall Tripple S situated at Top Sherkhania canal road Jammu on main road National Highway Akhnoor have dismantled existing Banquet Hall to reconstruct Tripple S Hotel cum Restaurant comprising Khasra No. 157 and 158 Min in Ward-40 Basant Vihar. The owners firstly got land use change permission from JDA vide No. CLU/ORDER/CLUJDA/2022/33 dated 18-11-2022 under section 11 A (2) of J&K Development Act 1970 for land measuring 5 Kamal 13 Marlas
It deserves mentioning her that land use change permission granted with maximum permissible FSI (1.80) as per Jammu Master Plan 2032 read with J&K Building Bye-laws 2021 for area measuring 5 Kanals and 13 Marlas (30736 Sqft) (2595.04 Sqmtr), Accordingly the owners deposited Rs 2539350 before JDA for which they sought land use Change permission as building fee. Thereafter owners applied and got approved commercial site plan from JMC stage-1st vide No. 1800/JMC/BS/2022 dated 28-12-2022 as hotel cum restaurant building on land measuring 6 Kanals 7 Marlas.The owner accordingly deposited Rs 118148 as building fee for stage-1st construction. However according to approved site plan, the total plot area shown as 6 Kanal 7 Marlas 3071.10 sqmtr whereas the owners sought land use permission from JDA for area 5 Kanals and 13 Marlas. Moreover as per approved stage-1st construction there was permission for basement-1st commercial only and surprisingly this basement was shown to accommodate nearly 79 cars and 29 two wheelers as public parking which was not shown in site plan besides there were several crosses on site plans and also height of basement was not at all mentioned. As per approved site plan, the owners were allowed basement 1780.48 Sqmtr without any mention of height of basement . This is surprising to note that why more land was shown while approving site plan and why land use permission was sought for 5 Kanals and 13 Marlas which prima-facie suggests that in order to provide undue benefits in construction such a arrangement was made.
However the maximum height excluding Mumty/lift/uptoridge level whichever is applicable of the building 21.60 NA from the front road level when as per Unified Building Bye-laws 2021 ,it is mandatory to mention height of basement which is 2.4 mtr in all the commercial approved site plans and even in residential construction but in the present case the individual height of basement deliberately to provide undue favour tom owners to take more area under construction. Furthermore, as per approved site plan, the owners were mandatory to observe setbacks including front 9.15 mtr,rear 7.82 mtr, side-1, 7.20 mtr and side -2, 7.20 mtr but later in the approved site plans by resorting to cuttings and reducing rear as 3.00 mtr, side-1 3.00 mtr which was aimed to provide undue favour to owners which was not counter attested by town planner
The owners however raised violated basement by covering more area nearly 25000 Sqft against permitted 19165 Sqft without observing setbacks and also didn’t maintain terms and conditions like no vehicle shall be allowed to be parked on road, owners shall make disposal and recycling of grey water generated from the building/premises at his own cost. The height of the building in stage-1st (basement-1) shall as the approved site plan but in approved site plan , there is no mention of height of basement besides FAR shall be basement floor only but basement floor is commercial as per approved site plan, also there is no provision for rain water harvesting within premises which means there are serious loop holes in approved site plan and serious lackings in execution of approved site plan’s terms and conditions.
Meantime despite all this, JMC approved stage-2nd approved site plan vide No. 1345/JMC/BS/2023-24 dated 27-10-2023 after the report of Building Officer/Surveyor who visited the site 24-8-2023 and remarked that the stage-1st construction has been raised after maintaining all setbacks but the owners have excess 28 sqm (301) Sqft build up area which was actually much higher than the recorded by Building officer while recommending stage-2nd construction which is surprising to note how at the initial stage they recorded such violation and compounded the same which was done for record sake by JMC to save its skin later on after allowing more area under construction against the area as per approved site plan. The owner accordingly paid Rs 1043683 as building fee dated 21-102023.
According to stage-2nd approved site plan ,the owners were allowed new basement-1 commercial as 1808.79 Sqm (19470) Sqft whereas in stage-1st approved site plan new basement-1 commercial was 1780.48 Sqm (19164) Sqft was for public parking and the owners managed extra construction of basement against approved site plan which was pin pointed by Building officer during his visit to recommend stage-2nd that owners have made excess construction of 28 sqm (301) Sqft commercial basements and the same added in area of basement in 2nd stage approved site plan which became 1808.89 Sqm (19470) Sqft
Similarly the owners in 2nd stage approved site plan granted new ground floor commercial as 919.86 sqm, new mezzanine floor commercial 42.28 sqm, new service floor commercial 919.86 sqm, new floor-1 commercial 919.86sqm, new floor-2 commercial 909.1 sqm, new floor-3 commercial 909.1 sqm, new floor-4 commercial as 909.1 sqm. The maximum height excluding mumty/lift/uptoridge level whichever is applicable of the building 21.60 mtr from the front road level.The FAR shall be 138.32. The owners were duty bound to maintain setbacks including front 9.15 mt, rear7.82 mt, side-1, 7.20 mt, side-II, 7.20 mt. However at the site there is altogether a different construction absolutely contrary to approved site plan particularly the size of basement at the site is quite higher what was allowed as per approved site plan. This proves that getting approved site plan from JMC was mere a formality on part of JMC and owner as the construction at the site was not taken care of by enforcement staff to ascertain whether the construction is as per approved site plan or beyond it as a result of which nonstop construction is going on at the site without any intervention from JMC.
In light of above one thing is sure that due to callousness on part of Commissioner JMC, the construction in question and many more constructions are going on openly and brazenly against approved site plans and in some cases without approval of site plans and in the present case the site plan approved stage-1st commercial and stage-2nd site plan have serious ambiguities and there is lot of confusion as in site plan approved stage-1st there is basement for parking but in stage-2nd approved site plan, there is new basement commercial which makes it very difficult to understand what kind of site plans approved and how were they approved as per approved site plans, the construction at the site can’t be raised as mentioned above in case of basements. Moreover how the site plan approved of land measuring 6 Kanals and 7 Marlas and why JMC didn’t object to when owners got land use change permission from JDA on land measuring 5 Kanals and 13 Marlas causing serious loss to govt exchequre. The higher authorities therefore should take proper care of the ongoing construction as allowing such constructions will badly damage spirit of JMP-2032 and also Unified Building Bye-laws 2021 and it will result lot of confusion and chaos which in turn will result huge contravention of zoning regulation and will severely damage planned development of Jammu city.