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.
