- As per notice under provision of section 253(1) JMC Act 2000 served to owner of residential plot 250-C, Channi Himmat, the owner was given 48 hours ultimatum to reply to this notice and also was directed to stop construction failing which action warranted under section 253(1) JMC Act 2000 will be taken against him but as of now ,the unauthorized construction is still going on at the site
- Owner didn’t raise residential construction on ground floor like bedroom, lobby, kitchen, toilet and also cut out for ventilation and also staircase towards front side was also not constructed but to hoodwink general public and JMC Authorities kept 2 ft size two windows and small size door 2 ft in size in middle of these two windows to show construction being residential as walls adjoin with it was deliberately constructed as temporary walls with a intention to remove them easily and also didn’t leave area as mandatory in setbacks like the owner left front 10.6ft when he was duty bound to leave 12.5 ft besides extending 2 ft gallery on three floors t and also installed round iron stairs from ground to third floor
- Owner earlier raising walls to hoodwink construction being residential has removed those walls and now at present raising walls on extended galleries nowhere mentioned in approved site plan which is evident from the pictures clicked by locals on 19-12-2024. From view of ongoing construction, even a layman can predict construction being commercial and there is no sign of construction being residential but sadly none of Enforcement Inspectors deployed from time to time report these violations and also by at present Enforcement Inspector.
- GY CORRESPONDENT
JAMMU, JAN 15
Vishav Deepak Suri s/o Krishan Lal Suri a resident of Channi Himmat purchased a another residential plot 250-C in Sector-2 Ward-50 Channi Himmat Housing Board Zonal Planned Colony from one Chander Bhushan s/o Tarlok Nath r/o 20-A Gandhi Nagar Jammu having total plot area measuring 25 x54+ 65/2 (1487 .50 Sqft) through power of attorney on 29-6-2022 and thereafter got transferred plot on his name from Housing Board. It deserves mentioning here that Vishav Deepak Suri s/o Krishan Lal Suri started commercial construction on the residential site plan got approved by Chander Bhushan s/o Tarlok Nath r/o 20-A Gandhi Nagar Jammu from JMC vide No. 1430/JMC/BS/2021 dated 22-2-2022 which was valid for three years.
According to approved site plan in favour of Chander Bhushan, the owner was allowed ground plus two floors measuring 960 Sqft each with setback including front -12 ft 6 inch, Rear- 7 ft 9 inch. The height of three floors structure excluding Mumty was allowed 33 ft from front road level and accordingly paid residential building fee Rs 6720 for permitted construction area and also paid labour cess Rs 34560. The owner as per approved residential site plan was to construct two bedrooms measuring 12 ft-9 inch x 10ft-8 inch, stairs in case of duplex house 12 ft 3 inch towards front side , backside toilet and cut out on three floors measuring 9×6 towards residential plot 250-D/2 towards left side for ventilation to lobby ,Kitchen and bedroom and backside dressing room and verandah also on three floors. Similarly first and 2nd floors were allowed same as per ground floor except balcony on first and 2nd floors.
It deserves mentioning here that , the owner Chander Bhushan after getting site plan approved from JMC didn’t start construction and further sold out on 29-6-2022 to one Vishav Deepak Suri and his wife Bhanu Suri. The new owner Suri didn’t get site plan approved from JMC and infect started commercial hall construction on RCC Pillars without any internal brick walls partition against residential site plan approved in favour of previous owner Chander Bhushan in the month of April 2024 without maintaining setbacks during the tenure of enforcement Inspector Gagan Kumar and Enforcement Officer Anil Kashyap.
The owner didn’t raise residential construction on ground floor like bedroom, lobby, kitchen, toilet and also cut out for ventilation and also staircase towards front side was also not constructed but to hoodwink general public and JMC Authorities kept 2 ft size two windows and small size door 2 ft in size in middle of these two windows to show construction being residential as walls adjoin with it was deliberately constructed as temporary walls with a intention to remove them easily and also didn’t leave area as mandatory in setbacks like the owner left front 10.6 ft when he was duty bound to leave 12.6 ft besides extending 2 ft gallery on three floors besides left rear side 6 ft 3 inch against 7 ft 9 inch also didn’t kept open area of plot 527 sqft and also installed round iron stairs from ground to third floor which was strongly objected by immediate neighbors disturbing their privacy and thus completely changing both internal and external dimensions against approved residential site plan.
Worthwhile to mention here that this commercial construction was duly brought into kind notice of concerned enforcement staff but they did nothing after joining hands with owner as a result of which owner getting full patronage from enforcement staff not only completed commercial hall construction on ground floor very easily completed commercial hall construction on first floor both measuring 1000 sqft against permitted 960 sqft each and now at present the construction of 2nd floor is going on RCC Pillars will be another commercial hall after completion of construction whose slab work has been completed just recently. Sadly JMC yet to take cognizance of this commercial construction on main road of Channi Himmat Housing Board colony despite strong resentment among locals and also dereliction of duty on part of enforcement staff to stop commercial construction on residential plots.
It deserves mentioning here that on the complaints of aggrieved locals and after thorough investigation, this news paper published a detailed story along with pictures both inside and outside by locals dated 20-12-2024 but JMC enforcement staff found in favour of owner and didn’t take cognizance of this violated construction completely contrary to approved residential site plan. Further the owner earlier raising walls to hoodwink construction being residential has removed those walls and now at present raising walls on extended galleries nowhere mentioned in approved site plan which is evident from the pictures clicked by locals on 19-12-2024. From view of ongoing construction, even a layman can predict construction being commercial and there is no sign of construction being residential as mentioned above no windows, ventilators, cut out and infect full-fledged commercial construction. The owner also from backside didn’t remove violations as claimed by enforcement staff wherein the owner didn’t maintain setback from backside and from backside also it gives impression of commercial halls on residential plot which surprisingly ignored by concerned enforcement staff deployed in Channi Himmat area but sadly none of Enforcement Inspectors deployed from time to time report these violations and also by at present Enforcement Inspector.
However under extreme public pressure, JMC served owner an eyewash notice under provision of section253 (1) of J&K Municipal Act 2000 vide No. JMC/DC/ENF/S/385-88 dated 4-1-2025 claiming that as per report of concerned enforcement Inspector that the owner has raised construction against approved site plan without following norms and mandatory setbacks as per UBBL-2021. It deserves mentioning here that, it was wrongly mentioned in the notice that owner left front side 11 ft 6 inch but at the site the owner has left only 10 ft 6 inch.
As per notice, the owner was mandatory to reply to this showcase notice within 48 hours and also was asked to stop ongoing construction failing which action warranted under section 253(1), JMC Act 2000 will be initiated against him. Similarly owner also raised extra height of three floors by 3 ft. But it is surprising to note that in the notice, there was no mention that the owner in reality has raised three commercial floors without internal partition of walls against residential approved site plan on residential plot besides no mention of three ft galleries on three floors and iron stairs from backside. This three floors commercial structure at par with each other is quite visible from backside as there are no partition walls. Thus three floors commercial structure is full intact and infect this notice has proved counter-productive for owner as in a sense the owner has been given consent to continue with commercial construction on residential plot after getting approved site plan as residential. The aggrieved locals have reiterated for re-measuring of raised construction having strong belief that enforcement section is making all out efforts to save this violated commercial construction of owner.
In light of above, Commissioner JMC should take serious cognizance of this commercial construction going on on residential plot failing which if they continue to give long rope to violators and unnecessary freedom to enforcement staff, the way at which commercial construction going on residential plots it will soon convert Channi Himmat Zonal planned colony into commercial hub which will be violation of fundamental right of right to peace of law abiding citizens who have purchased residential plots to live with peace and comfort but definitely they are repenting buying a residential plot in Channi Himmat due to favour of enforcement staff to owner against JMP-2032 and Unified Building Bye-laws 2021.
