JMC did not take requisite action against construction of three unauthorized shops despite Dy General Manager through a letter informed Joint Commissioner JMC that three year validity of approved site plan granted by JMC dated 26-11-2018 had already lapsed as the owner started construction of unauthorized three shops after nearly six years of getting site plan dated 26-11-2018 demanding action against owner as per Uniform Policy of J&K Housing Board.
Now at present violated commercial construction is going on and the main walls towards front side have been raised to a considerable height which is evident from the pictures published in story dated 21-10-2024 and the pictures being published in today’s story besides main walls towards backside have already reached slab level and simultaneously plaster work is also going on with the help of concerned enforcement staff.
GY CORRESPONDENT
Jammu, dec 30
The dereliction of duty on part of JMC enforcement staff and not serving BOCA notices under JMC Act 2000 when owner of bifurcated residential plot 29-C Shastri Nagar measuring 30×90 without maintain setbacks and without approval from JMC started violated commercial construction on residential plot and taking only oral action and as an eyewash action stopping construction work at the site has as on date has resulted restart of violated commercial construction with the help of same enforcement staff which earlier avoided action against owner under JMC Act 2000. Had the JMC served BOCA notice under JMC Act 2000 when print media highlighted violated construction along with pictures dated 21-10-2024, now the owner would not have dared to restart violated commercial construction.
To put things in perspective, owner Col KK Lakhanpal s/o Amarnath Lakhanpal r/o Jammu was allotted a residential plot 29-C by J&K Housing Board in Shastri Nagar measuring 60×90 (5400 Sqft) vide No. 192-HD of 1983 dated 23-6-1983 under discretionary quota of Chief Minister at the cost of 2.35 per sqft and ground rate at the rate of Rs 1 per marla per annum. The owner accordingly got approved residential site plan for double stories from JMC vide No. 481/JMC/BS/2018 dated 26-11-2018 against application No. 6153 dated 6-1-2017 and as per approved site plan, the owner was allowed 45% construction of total plot and also duty bound to maintain mandatory setbacks including front side 6 mtr, rear 3 mtr, sides -1st 3 mtr and side-2nd , 2 mtr as per JMP-2032 but owner before starting construction bifurcated residential plot into two parts and raised two story residential house covering 2700 sqft and left 2700 sqft vacant towards front side adjoining with residential house 30-C without maintaining setbacks and kept open 2nd part of bifurcated plot towards main road of Shastri Nagar Housing Board Colony thus completely deviating from approved site plan. JMC remained mum over this blunder by owner and allowed owner to continue with choice construction.
JMC did not take requisite action against construction of three unauthorized shops despite Dy General Manager through a letter informed Joint Commissioner JMC that three year validity of approved site plan granted by JMC dated 26-11-2018 had already lapsed as the owner started construction of unauthorized three shops after nearly six years of getting site plan dated 26-11-2018 demanding action against owner as per Uniform Policy of J&K Housing Board.
When concerned Enforcement staff was questioned regarding ongoing construction of three unauthorized shops without JMC permission and too making land use change, they categorically said the ongoing work of three shops has been stopped and that they demolish ongoing construction but in reality few bricks were uprooted of main wall towards front side of main road of Shastri Nagar Housing Board colony but the internal RCC pillars were not touched and as a result of which the construction continued
But the owner having vested intentions before starting construction as per approved site plan first of all bifurcated his residential corner plot into two equal parts. The owner raised double story residential house covering 30×90 (2700 Sqft) on part of bifurcated part facing front towards residential house 30-C without observing setbacks and after completion started residing in double story residential house. The owner in the month of March 2024 started construction of three big size shops on RCC Pillars on 2nd part of bifurcated plot keeping front towards main road of Shastri Nagar Housing Board colony measuring 60 ft without JMC permission and also without obtaining valid permission from Housing Board.
It deserves mentioning here that Secretary J&K Housing Board Jammu wrote a letter to Deputy General Manager ,Housing Unit-II ,Shastri Nagar Jammu vide No. HB/Secy/5008-09 dated 14-10-2024 over illegal sale of J&K Housing Board Plot No. 29-C at Shastri Nagar Jammu in reference to a letter addressed to Secretary by Deputy General Manager vide letter No. HU/ii/123 dated 23-4-2024 and the e-office physical status report of plot in reference received by Secretary Housing Board Jammu on 24-9-2024. The Secretary in this letter was directed to request Deputy General Manager to take necessary action against owner in collaboration with JMC.
Accordingly taking cognizance of Secretary letter, Deputy General Manager Housing Board Unit-II wrote a letter to Joint Commissioner, JMC vide No. HU/ii/2452-53 dated 18-10-2024 over illegal sale of residential plot 29-C, Shastri Nagar Jammu narrating that one Lakhanpal has raised a double story residential structure and at present finishing work is going on. The letter further informed that the construction work of three shops has also been started on front side of bifurcated plot 2nd part main road of Shastri Nagar Housing Board colony. The letter maintained that the field staff of JMC visited the site and stopped work on 4-5-2024 but the construction work didn’t stop practically and the construction work is going on in the said bifurcated plot. Dy General Manager further informed in the letter that three year validity of approved site plan granted by JMC dated 26-11-2018 had already lapsed as the owner started construction of unauthorized three shops after nearly six years of getting site plan dated 26-11-2018. Dy General Manager requested JMC to take action against owner as per Uniform Policy of J&K Housing Board.
Worthwhile to mention here that now at present violated illegal commercial construction on residential plot measuring 2700 Sqft without maintaining setbacks and absolutely no space left for public parking is going on and the main walls towards front side have been raised to a considerable height which is evident from the pictures published in story dated 21-10-2024 and the pictures being published in today’s story besides main walls towards backside have already reached slab level and simultaneously plaster work is also going on with the help of concerned enforcement staff.
In light of above , Commissioner JMC should take the matter urgently and immediately visit the site as right now the construction of three unauthorized shops is at initial stage and if action is delayed the credibility of JMC will be further damaged as right now the faith of JMC is getting shattered among Municipality residents due to nepotism and favourtism of enforcement staff who takes action on pick and choose basis and in no case takes any action against those who pay them for allowing violated constructions irrespective of nature of violated constructions even if completely against JMP-2032 and Unified Building Bye-laws 2021. At the same time Dy Commissioner South should also start delivering professional duties with lot more sincerity failing which if the long rope being given by him to field staff for ignoring violated constructions, the enforcement staff will prove fatal for residents of Municipal areas and in near future no future Master plan will be executive.
