Moreover as per Secretary , J&K Housing Board during clarification on use of Housing Board plots alotee, it was categorically admitted that the Housing Board has allotted both residential and commercial sites in Channi Himmat Housing Board Colony spread over seven sectors separately and that no one can change land use on his/her own and the use of site will be made as per allotment by Housing Board. But sadly in the recent past several alottees of Housing Board approved zonal planned colonies including Channi Himmat with the help of concerned enforcement staff of both Housing Board and JMC have converted their residential construction into commercial construction and also several violators have raised commercial construction on residential plot in sheer breach of lease deeds agreement
GY CORRESPONDENT
jammu, dec 18
One Vishav Rattan Kohli and Himanshu Beotra owners of residential plot 634/3 measuring 30×55 sqft (1650 Sqft) (153.29) Sqm on 60 ft main road of Channi Himmat Housing Board Colony Ward-50 got approved residential site plan from JMC vide No. 481/BS/2024-25 dated 8-8-2024. It deserves mentioning here that this plot was sold out like hot cake from original alottee Kamla Rani wife of Bansi Lal to Harjinder Kour wife of Kuldeep Singh r/o 28 Residency road Jammu. As per approved residential site plan, the owners were allowed three floors(Ground plus two floors) restricting owner to raise residential construction on 64 % (1056 Sqft) of total plot area (1650 Sqft) with open area front and back 594 Sqft, allowing ground floor -98.32 sqm (1058 Sqft) , first floor-96.65 sqm (1040 Sqft) , 2nd floor 83.15 sqm (895 Sqft) with 26.20 sqft excess area which however not counted while approving residential site plan in favour of owners and accordingly paid residential building fee Rs 36250 as residential building fee. The owner was mandatory to observe setbacks including front 3.95 mtr (13 ft) , rear 2.06 mtr (7 ft). The height of building was fixed as 10.05 mtr (33 ft) from front road level excluding Mumty.
However the owners contrary to approved residential approved site plan one month back started commercial construction of ground floor with the help of concerned enforcement staff deputed in Channi Himmat area Ward-50 without properly maintaining mandatory setbacks and infect started construction of single commercial hall without any indication of residential construction with no internal walls partitions , with no windows and ventilators at all and stairs towards front right side with also provision of lift in place of bed rooms to reach at onwards floors when in case of duplex construction stairs is allowed in middle. This is highly unfortunate that from the last one month commercial construction on residential plot and also after getting residential approved site plan but JMC enforcement staff as on date hasn’t taken any action against owner and as a result of which slab work on ground floor commercial will be completed in couple of days. With violation of building rules continuing unabated within jurisdiction of Jammu Municipal Corporation despite tall claims of JMC to ensure every construction whether residential or commercial strictly in accordance with approved site plans under JMP-2032 and Unified Building Bye-laws 2021 ,law abiding citizens in Channi Himmat Housing Board colony are increasingly approaching courts to prevent such illegalities and secure their right to quality life when it is duty of enforcement staff to properly monitor every construction from initial to completion level and in case violations are witnessed they are duty bound to bring the same into kind notice of higher-ups for further course of action which is however rarely done and enforcement staff in most of cases manages such violated construction on their own.
Moreover as per Secretary , J&K Housing Board during clarification on use of Housing Board plots alotee, it was categorically admitted that the Housing Board has allotted both residential and commercial sites in Channi Himmat Housing Board Colony spread over seven sectors separately and that no one can change land use on his/her own and the use of site will be made as per allotment by Housing Board. But sadly in the recent past several alottees of Housing Board approved zonal planned colonies including Channi Himmat with the help of concerned enforcement staff of both Housing Board and JMC have converted their residential construction into commercial construction and also several violators have raised commercial construction on residential plot in sheer breach of lease deeds agreement. This is huge injustice with those who have purchased commercial sites costing worth crores by allowing residential site owners to raise commercial construction on residential plots and also allowing conversion of residential houses into commercial ones.
It deserves mentioning here that one of commercial site alottee in Channi Himmat area has challenged conversion of residential houses into commercial ones and also raising of commercial construction on residential plots under OWP No.2115/2017 and c/w WP © No.169/2023 which are still under trial before J&K High Court Jammu. But in spite of this unabated commercial constructions going on without any strict action by enforcement agencies including JMC. The ongoing commercial construction of hall on residential plot 634/3, Ward-50 Channi Himmat Housing Board colony is just tip of iceberg wherein hundreds of such commercial constructions have already come up in Channi Himmat area and even today going on unabated which is matter of serious investigation under whose guidance and patronage such commercial construction going on in Channi Himmat area.
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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