After publishing of story dated 13-11-2024, the owner continued violated construction making land use change in the wrap of opaque sheet and installed back window towards front side of kitchen but rest of the violated construction is still intact. It is highly unfortunate that open land use change is going on but as on date JMC enforcement staff deployed in Ward -50 has not moved even an inch despite bringing the same into kind notice of Enforcement staff much to the agony of aggrieved locals who have already strongly resented land use change openly and brazenly and as on date commercial construction heading towards final stage
As per drawing of approved site plan , the owner didn’t construct kitchen towards left side ,porch right side, followed by living room drawing room then back of them two bed rooms with common toilet along with stairs inside as raised construction ought to be duplex residential house which was not constructed. Besides as per drawing, the owner was to construct open Verandah on both floors on porch area but not constructed by owner and infact constructed commercial halls on three floors
GY CORRESPONDENT
jammu, nov 20
Notwithstanding this newspaper published a detailed story along with pictures dated 13-11-2024 that that JMC unmoved towards open construction of commercial hall on ground floor in place of sanctioned kitchen by removing existing window and keeping provision for shutter and shop on porch area on residential plot 328/4 on main 60 ft road of Channi Himmat Colony in Ward-50 without maintaining setbacks making open land use change keeping separate entry from porch absolutely contrary to approved residential site plan, JMC field staff has not taken any action against owner. On the contrary , JMC enforcement staff very next day on 14-11-2024 guided owner to continue violated commercial construction under wrap of opaque sheet to spare action from JMC and also to calm aggrieved people who were raising strong voice against open use of land use change from residential to commercial.As per the instructions and guidance of enforcement staff, owner for the time being again put window towards front side of kitchen which was earlier removed to pave way for commercial hall but other than installing window back, the owner has maintained commercial hall without any partition in the back of kitchen.
It deserves mentioning here that owner Surinder Kour wife of Charan Singh r/o Tali Morh, Miran Sahib Jammu purchased a residential plot 328/4 measuring 30×55 (1650 Sqft) on main 60 ft road of Channi Himmat colony in Ward-50 for residential purposes. The owner accordingly got approved residential site plan from JMC vide No. 148/JMC/BS/2023-24 dated 25-4-2023. As per approved site plan, the owner was allowed ground+ two floors measuring 98.16( 1056 Sqft) each floor. The owner was duty bound to observe mandatory setbacks including front- 3.96 mtr (13 ft) and rear -2 mtr(6.5 ft). The height of building was fixed as 10 mtr from the front road level. The owner accordingly paid residential building fee Rs 15707.
As per approved site plan , the owner towards front side was to construct kitchen left side ,porch right side, followed by living room, drawing room then back of them two bed rooms with common toilet along with stairs inside as witnessed in duplex residential house with main entry from porch area. Besides as per drawing, the owner was to construct open Verandah on both floors .On first and 2nd floor, the owner was allowed verandah on porch area and rest of construction altogether same as in case of ground floor.
The owner deviating from approved site plan raised commercial construction without maintaining setbacks and didn’t construction proper kitchen, living room, drawing room and infact raised commercial halls without any internal partition walls. However it deserves mentioning here that the owner initially to hoodwink general public kept window for kitchen on ground floor and main entry from porch area and raised stairs quite back of porch to reach first and 2nd floors and didn’t construct duplex house by not constructing stairs alongside living room to reach first and 2nd floors and kept stairs from backside towards back of porch area . The owner actually constructed commercial hall measuring nearly 1400 sqft against permitted 1056 sqft covering construction area of kitchen by removing exiting window and kept provision for fitting of iron shutter measuring 10×10 ft and divided porch area into a shop measuring 10×10 and separate entry on ground floor to reach at first and 2nd floor as there was no indication of residential construction in absence of living room, drawing room, bed room except toilet on ground floor, first and 2nd floor covering open Verandah area on porch area and infect raised altogether three commercial halls against residential approved site plan.The owner didn’t observe mandatory setbacks as owner left 6 ft from front side when he was supposed to leave 13 ft besides extending 3 ft galleries on three floors. The owner also raised extra construction of room on 2nd floor other than mumty. The owner has already completed plaster work on three floors.
JMC surprisingly instead of taking befitting action after land use change construction reached public domain through print media by serving owner notices under BOCA Act 1988 or JMC Act 2000 by serving owner notices under provision of 253(1) and 258 (1) of JMC Act 2000 and the building should have been sealed but nothing was done by JMC and three floor commercial construction is still intact due to no action by concerned enforcement staff deployed in Ward -50 particularly Enforcement officer Anil Kashyap and Enforcement Inspector Varun Kesar properly and suitably patted by Dy Commissioner South Lal Chand which is evident from the non-stop commercial construction on residential plot despite bringing the same into kind notice of concerned JMC officials.Housing Board should also take serious cognizance of this violated construction as ongoing construction on ground floor is sheer breach of Lease deed agreement. Commissioner JMC should pay instant heed to ongoing unauthorized constructions and ask enforcement staff to perform their duty honestly and sincerely failing which it would be extremely difficult to implement JMP-2032 in letter and spirit.
