As per Unified Building Bye-laws 2021, under Section 5.2.1.2, Table No. 5-4, area falling under index of 300-750 Sqm, owner is entitled to 50% construction of total plot area and 50% open area, FAR-180, height 14 mt , owner is mandatory to observe setbacks of basement by leaving 10 ft from all 4 sides to maintain planned development of Jammu city but owner covered 100% plot area despite her total plot area falling under Section 5.2.1.2, Table No. 5-4 under UBBL-2021
GY CORRESPONDENT
JAMMU, FEB 7
Shocking it may sound but it is a fact that Jammu Master Plan 2032/Unified Building Bye-laws 2021 are being violated at large scale right under the nose of Jammu Municipal Corporation and Jammu Development Authority, which otherwise are supposed to be watchful and act tough against the violators. Moreover, the Power Development and Jal Shakti Departments are sanctioning temporary/permanent power and water connections without seeking mandatory building permissions from the applicants. This has been officially admitted by the Housing and Urban Development Department while issuing slew of directions for strict compliance at various levels so as to put a full-stop on the violations of Jammu Master Plan/Unified Building Bye-laws 2021.
To put the things in right perspective, one Vimla Rani wife of Raj Kumar r/o Gandhi Nagar Jammu owner of commercial site No.5 of Jammu Development Authority (JDA) Phase-II commercial complex Fruit Market, Narwal Fruit Mandi Jammu adjoining with Head Branch of J&K Grameen Bank, measuring 15.24 mt x27.44mt (418.19 Sqm) (4501 Sqft) in Ward 49 undergoing commercial construction against wrongly approved site plan by JMC allowing owner to cover hundred percent plot area without maintaining setbacks to construct basement and ground floor commercial.
It deserves mentioning here that the owner under Application No. JMC/2023/5070 dated 27-5-2024 applied for commercial building permission before JMC and accordingly got approved commercial site plan stage-1st vide No.760/ JMC/BS/2024-25 dated 7-11-2024 getting permission to cover hundred percent area of plot in construction of new Basement-1 commercial for storage and utility services allowing area 418.19 sqm and new ground floor commercial allowing area 418.19 sqm without asking owner to maintain mandatory setbacks. The owner was allowed 100% construction area and FAR 400%. The owner was also allowed lift and stairs without leaving any space for public parking within her premises. The owner accordingly paid commercial building fee as 251821.
Worthwhile to mention here that beyond any rule of JDA which has already adopted Unified Building Bye-laws 2021 vide Notification No. 13-JDA of 2021 dated 2-12-2021 published in Govt Gazzete on 2nd Dec 2021, the owner’s commercial site plan was wrongly approved by JMC as in no case under UBBL-2021 a person can be allowed to cover hundred percent plot area neither in case of commercial construction or residential construction being mandatory to observe setbacks in case of both constructions. As per Unified Building Bye-laws 2021, under Section 5.2.1.2, Table No. 5-4, area falling under index of 300-750 Sqm, area owner is entitled to 50% construction of total plot area and 50% open area, FAR-180, height 14 mt , owner is mandatory to observe setbacks from the open area by leaving nearly 10 ft from all 4 sides in case of basement construction to maintain planned development of Jammu city .
It is pertinent to mention here that Vimla Rani’s total plot area is 418.19 sqm and was entitled to get 50% construction under Section 5.2.1.2, Table No. 5-4 as elaborated above. But JMC approved site plan in her favour allowed her to cover hundred percent plot area without asking her to observe any of setbacks against JMP-2032 and Unified Building Bye-laws 2021 deliberately not mentioning height of basement and ground floor commercial. Any how the owner at present undergoing construction of basement having height nearly 10 ft which is prohibited under JMP-2032 and Unified Building Bye-laws 2021 and surprisingly neither JMC has not taken care of ongoing violated construction nor JDA has taken care of hundred percent construction area on its commercial site It deserves mentioning here that now days under Unified Building Bye-laws 2021, in no way hundred percent construction is allowed as has been witnessed in all the site plan both residential and commercial in Channi Himmat Zonal Planned colonies and JDA fruit Mandi compex.
All these illegalities are taking place notwithstanding the fact that Government has enacted Unified Building Bye-laws 2021 with lots of relaxations wherein several instructions have been issued for strict compliance by all authorities, entities and persons. Any development activity having a significant impact on the urban environment, traffic and mobility in their surroundings shall not be undertaken by any authority or person within jurisdiction of both JMC and JDA.
In light of above, Commissioner JMC must intervene in the present case wherein 100 % commercial construction area has been allowed by JMC allowing owner to cover hundred percent plot area without asking owner to maintain mandatory setbacks beyond Unified Building Bye-laws 2021.
Such practices needs to be discouraged at the outset before it becomes a norm in near future by sacrificing guidelines of both JMP-2032 and Unified Building Bye-laws 2021 by influential persons in active connivance with those at the helm of affairs both in JMC and JDA. The sooner you act, the better it will be for areas under jurisdiction of both JMC and JDA.
