As per Unified Building Bye-laws 2021, the owner was entitled only 65% construction (1170 Sqft) having total plot area 1800 Sqft without maintaining setbacks front 12 mtr and back 6.5 mtr setbacks but the owner raised construction nearly 85% (1400 Sqft ) percent area
Now, big iron shutters in place on ground floor with independent staircase to arrive at onwards floors closing all doubts of construction being residential
GY CORRESPONDENT
jammu, jul 03
Influential and well-off people have been let-off to raise their choice constructions irrespective of site plans approved by JMC and openly and brazenly raising commercial constructions on residential plots staking guidelines and spirit of JMP-2032 and Unified Building Bye-laws 2021. Further every possible effort is made to protect such constructions despite strong resentment by those who are immediate victims of commercial constructions in residential areas falling under zonal planned colonies of JDA/ J&K Housing Board.
To put the things in right perspective JMC approved residential site plan vide No. 1393/JMC/BS/2022 dated 26-9-2022 in favour of Sunita Sharma wife of Subash Chander Sharma r/o Channi Himmat owner of residential plot 334-1A Trikuta Nagar Jammu JDA Zonal planned Colony where land use change is strictly prohibited on main road in Ward-53 measuring 30×60 (1800) Sqft. However the owner after getting residential site plan approved from JMC, raised commercial halls on three floors with equal size and covered half of area on 4th floor without maintaining setbacks. Now, big iron shutters in place on ground floor with independent staircase to arrive at onwards floors closing all doubts of construction being residential. As per Unified Building Bye-laws 2021, the owner was entitled only 65% construction (1170 Sqft) having total plot area 1800 Sqft excluding front 12 mtr and back 6.5 mtr setbacks but the owner raised construction nearly 85% percent area.
It is highly unfortunate that now three floor commercial is almost ready to operate, but so far no action has been taken against owner much to the resentment of locals who are opposing commercial construction on residential plot from day one but the owner probably enjoying patronage of JMC officials has successfully managed three floors commercial structure on residential plot. The construction in question has badly shattered the confidence of Municipal area residents in JMC which owns responsibility to protect and guard spirit of JMP-2032 and Unified Building Bye-laws 2021. It is intriguing to note that the enforcement staff has conveniently forgotten its official duties including officers/officials allotted the work of enforcement officer shall conduct extensive checking in the allotted wards and make proper detailed list of ongoing constructions in their respective areas of Jurisdiction and Enforcement Inspectors shall maintain proper registers of each Ward and take action against violators as admissible under rules with proper entry on action taken report register but which is rarely done and mostly adjustments are made to somehow settle such violations on the spot by joining hands with violators staking credibility and sincerity killing the spirit of JMP-2032 and Unified Building Bye-laws 2021.
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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