Owner completely deviated from approved site plan by increasing size of basement parking 10000 sqft against permitted 3975 Sqft plus 1613 Sqft service area, constructing ground and first floors as 10000 Sqft at par with basement against permitted ground floor commercial towards front side as 2699 Sqft and towards backside measuring 2889 Sqft residential, First Floor commercial 2699 Sqft and towards backside residential use as 2889 Sqft, 2nd floor residential measuring 5588 Sqft besides raising 4th floor on tin shed covering nearly 2000 Sqft with bathroom
Then Commissioner JMC Mandeep Kour vide No. 1484-86/BS/15 dated 8-1-2016 withdrawn the building permission granted by JMC vide No. 01/BS/2015 dated 1-4-2015 for raising construction in violation of setback/coverage norms and land use. The owner was also directed to remove violations immediately otherwise same shall be removed by JMC at the cost of owner. However as per reliable sources, the owner managed to restore cancelled site plan in his favour without removing serious nature violations and the whole violated commercial structure remained intact.
GY CORRESPONDENT
jammu, dec 06
One retired Chief Engineer Krishan Kumar Arora s/o Atma Ram Arora owner of private land measuring 15972 Sqft falling under Khasra No.4 Min of village Channi Kamala on main road of Channi Himmat Housing Board Colony in Sector-3 adjoining with Yougal Sons showroom got approved mixed use site plan having both residential and commercial use from JMC vide No. O1/BS/2015 dated 1-4-2015 . According to approved site plan, JMC allowed owner basement parking measuring 3975 Sqft plus 1613 Sqft service area and utility, ground floor commercial towards front side as 2699 Sqft and towards backside measuring 2889 Sqft residential, First Floor commercial 2699 Sqft and towards backside residential use as 2889 Sqft, 2nd floor residential measuring 5588 Sqft. The height of building 39 ft with setbacks including front – 40 ft, Side-1, 10 ft and Side-11, 13 ft , rear side-34 ft with open area 10384 Sqft. It deserves mentioning here that this site plan was approved by JMC on condition that in case owner deviate from approved site plan or change of land use, permission sanctioned shall be deemed cancelled. Accordingly the owner paid building fee for both residential and commercial use as Rs 207276 wherein residential fee was at the rate of Rs 5, Rs 3 and Rs 2 and collectively paid Rs 25621 for residential area 11366 Sqft and for commercial use including basement and service charges , the building fee was Rs 181655 at the rate of Rs 20 to Rs 25 for an area of 5398 Sqft for ground and first floors.
The owner however contrary to approved site plan raised whole of construction absolutely deviating from approved site plan with the help of then enforcement staff deputed in Channi Himmat area by constructing 10000 Sqft basement and raised ground and first floors exactly at par with area of basement but however raised residential construction on permitted area of residential use and fitted proper windows as in case of residential construction on three floors with required walls partitions. Meanwhile under extreme public pressure and on the directions of then Commissioner Jammu Municipal Corporation (JMC) Mandeep Kaur, the Enforcement Wing led by Chief Enforcement Officer sealed the commercial building on 5-1-2016 for raising the construction up to second floor by committing major violations, not adhering to the building norms.JMC found total violation at the under construction commercial building at Channi Himmat and consequently it sealed.
Then Commissioner JMC Mandeep Kour vide order No. 1484-86/BS/15 dated 8-1-2016 withdrawn the building permission granted by JMC vide No. 01/BS/2015 dated 1-4-2015 for raising construction in violation of setback/coverage norms and land use. The owner was also directed to remove violations immediately otherwise same shall be removed by JMC at the cost of owner. However as per reliable sources, the owner managed to restore cancelled site plan in his favour without removing serious nature violations and the whole violated commercial and residential structure remained intact.
Now the owner from the last three months has removed every single identity of residential construction by closing down windows of residential portion on three floors besides raising 4th floor using tin shed covering nearly 2000 sqft with bathrooms. When confirmed from reliable sources, it has come to fore that now owner is undergoing complete renovation on three floors and paving way for huge shopping mall and the pictures clicked by locals confirmed that whole of the building is undergoing complete renovation to run big shopping mall by converting residential portion on ground and first floor and whole of residential 2nd floor into full-fledged commercial halls measuring nearly 10000 Sqft. Besides the owner has also renovated basement and alteration is also going on there.
It is surprising to note that without JMC permission ongoing renovation and conversion is going on from the last three months and despite the location on main road of Channi Himmat Housing Board Zonal planned colony, nothing gas been done by JMC enforcement staff and without any doubt they are definitely offering every possible help to owner to convert whole of building into big shopping mall as the renovation and conversion work going on all the exiting floors besides basement. In an eyewash endeavor, the owner has also displayed sign Board of Lion Fitness Zym and Spa seeking booking from interested ones and in garb of this complete overhaul of building is going on under the nose of JMC Authorities.
Commissioner JMC should take serious cognizance of ongoing renovation and conversion for shopping Mall and henceforth put the records straight so that such conversion are discouraged and a message be sent to all those violators who are raising constructions and making conversions against JMP-2032 and Unified Building Bye-laws 2021 as the residents of colony are huge sufferers of such types of developments disturbing their voice and also violation of their fundamental right of right to peace and dignity.
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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