Neighbors whose ventilation and sunlight blocked with this construction brought the same into kind notice of concerned enforcement staff but they lend only deaf ear and didn’t take any action against owner and as a result of which after completion of first floor now slab work on 2nd floor will be completed in couple of days and simultaneously plaster work of first floor is also going on as per guidance of enforcement staff deputed in the area
The trend of undertaking constructions without JMC permission is quite prevalent now days as taking into confidence the enforcement staff ,there is no need to take permission from anybody else in JMC as disclosed by many violators who convince other violators to meet enforcement staff to get the work done. Moreover if owner gets site plan approved from JMC, he/she as per JMP-2032 and Unified Building Bye-laws 2021 is entitled only 65% construction whereas without getting site plan approved from JMC with the help of enforcement staff they openly and brazenly cover hundred percent area without maintaining setbacks
GY CORRESPONDENT
jammu, aug 09
Nand Kishore Sharma s/o Jagdish Raj Sharma r/o Narwal Bala Jammu purchased a residential plot 170/3 measuring 30×55 Sqft (1650 Sqft) in Channi Himmat Housing Board Zonal Planned colony, Ward-50 from Harpal Singh Raina in Sep 2000 and thereafter constructed single story residential house and started residing there. The owner from last six months has started construction of first and 2nd floors without getting site plan approved from JMC covering hundred percent area of 1650 Sqft without leaving anything for setbacks with the help of Enforcement Inspector deputed in the area and even modified existing ground floor by enhancing construction area on RCC pillars both front and back and whatever little area was left for setbacks also covered during construction of First and 2nd floors keeping area of each floors at par with each other covering total plot area of 1650 Sqft when he was entitled only 65%( 1070 Sqft) as per Unified Building Bye-laws 2021 but constructed three equal floors each measuring 1650 Sqft It deserves mentioning here that locals whose ventilation and sunlight blocked with this construction brought the same into kind notice of concerned enforcement staff but they lend only deaf ear and didn’t take any action against owner and as a result of which after completion of first floor now slab work on 2nd floor will be completed in couple of days and simultaneously plaster work of first floor is also going on as per guidance of enforcement staff deputed in the area. Aggrieved neighbors feeling hopeless after bringing violations into concerned enforcement staff and getting no response as enforcement Inspector didn’t report violation before Enforcement officer so that matter could reach Dy Commissioner North and South which clearly shows that Enforcement Inspector didn’t perform his duty professionally resulting in unauthorized construction of first floor and now slab work will be completed in couple of days what to think of serving any BOCA notices to owner under JMC Act 2000. The trend of undertaking constructions without JMC permission is quite prevalent now days as taking into confidence the enforcement staff ,there is no need to take permission from anybody else in JMC as disclosed by many violators who convince other violators to meet enforcement staff to get the work done. Moreover if owner gets site plan approved from JMC, he/she as per JMP-2032 and Unified Building Bye-laws 2021 is entitled only 65% construction whereas without getting site plan approved from JMC with the help of enforcement staff they openly and brazenly cover hundred percent area without maintaining setbacks.
Further under Unified Building Bye-laws 2021 ,it is mandatory for all to seek prior permission of JMC for any nature new construction, alteration or modification of existing building and for land use change it is mandatory to eek land use change certificate from JDA but sadly the enforcement staff has badly failed in ensuring every construction as per approved site plan as rather than reporting violation timely and properly before their seniors for further course of action, they in most cases don’t report violation before their seniors and somehow deal with violator in lieu of illegal gratification and sacrifice their transparency and accountability.
Commissioner JMC should take serious cognizance of unauthorized construction of shop and should ask enforcement staff to maintain transparency and accountability in reporting serious violations and that too at initial stage which however at present is rarely done and if in some cases it is done, no follow-up is taken so that violators are properly punished. Commissioner JMC should ensure that enforcement staff conducts regular tours in the allotted wards and ensure that no illegal construction is done and take action as per JMC Act 2000 read with UBBL norms 2021 against all constructions being raised without any permission besides ensuring that all constructions being raised with permission from JMC are carried out as per the approved site plans and immediately report any violation.It has been widely reported that enforcement staff has badly failed to maintain proper register of ward and make entry of the action taken against violators as admissible under rules and also don’t immediately report opening of any commercial establishment without prior permission of JMC which requires NOC as per the provisions of JMC Act 2000 and also don’t redress grievances/complaints received from JKIGRAMS or on social networking sites particularly on Whatsapp.
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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