Dy Commissioner South, JMC surprisingly on his own calculation declares existing violations at site less than 10% claiming violations on one side of setbacks are beyond limit of compounding directing owner to demolish violations without serving relevant notice under UBBL-2021/JMC Act 2000
Owner makes mockery of JMC BOCA Authority by restarting violated commercial construction on residential plot in Jan 2025 when approved site plan had lapsed and without getting site plan approved afresh on the basis of presentation by owner to renovate his premises instead of dismantling violations allows start of unauthorized construction on RCC pillars from ground floor and even raising unauthorized 3rd floor
GY CORRESPONDENT
JAMMU, FEB 27
One Harish Kumar Malhotra r/o Gandhi Nagar Jammu a retired officer purchased a corner residential plot 154, Sector-1A Extension Channi Himmat Housing Colony , Ward-50 measuring 3000 Sqft (size 40×82+ 77/2) through power of attorney from original alottee JA Shahmizi s/o MA Shahmizi r/o Srinagar of corner residential plot having two approach roads one 25 ft towards front side and another 20 ft respectively near Channi Himmat Shamshan Ghat.
The site plan instead of new owner’s name approved residential site plan vide No.295/JMC/BS/2018 dated 14-9-2018 in name of original alottee JA Shahmizi which was valid for maximum three years. According to approved site plan, the owner was allowed ground Floor- 1440 Sqft plus Porch-170 Sqft (1610 Sqft), First Floor-1440. The owner was duty bound to observe setbacks including Front-21.7 ft, side-1, 10 ft and Rear, 10 ft . The height of building was fixed as 30.78 ft from front road level. The owner attorney holder as per approved site plan and construction allowed paid Rs 7710 building fee and Rs 19320 as labour cess . The owner was mandatory to keep an area of 1570 Sqft as open area.
Accordingly the owner Harish Kumar Malhotra started construction work in June-July 2019 absolutely contrary to approved residential plot by raising commercial hall construction of violated ground floor and first floor covering nearly 3180 Sqft besides extending nearly 4 ft gallery towards main road side on both floors measuring nearly 300 ft on both floors and also not constructed porch and thus covering public road area both front and backside being a corner residential plot but the enforcement staff did nothing in this regard despite locals strongly protested against it. But the JMC didn’t serve any BOCA Notices to owner. As a result of which the owner raised first floor exactly similar to violated ground floor by covering more than hundred percent plot area by extending nearly 4 ft galleries. Not only this owner also raised RCC Pillars on 2nd Floor without JMC permission.
However when then Enforcement Inspector Gopal Krishan deputed in Ward-50 didn’t listen to locals who were constantly raising voice against this huge commercial construction in residential area who however later on terminated from services for allowing violated construction finally approached then Commissioner JMC Avna Lavasa complaining against owner for raising commercial construction on residential plot.
This made Commissioner JMC to constitute a Committee headed by then Secretary JMC on 26-9-2019 to check violation and illegal construction in posh colony Channi Himmat Jammu and committee while visiting the site found complaints of locals true and reported serious violations of land use change and mandatory setbacks. As a result of which then Joint Commissioner BOCA Authority directed enforcement staff to dismantle violated construction at the site and the same was dismantled by JMC in Jan-Feb 2020 both from front and backside after serving demolition notice under section 7(3) under BOCA Act 1988 vide No. MJ/CEO/178/03/2019 dated 4-12-2019 as the owner didn’t appeal against demolition notice before any competent court and dismantled some portion by JMC from front and backside and not dismantled side-1 which was covered hundred percent and also didn’t dismantle 4 ft galleries on both floors. Meanwhile the validity of approved site plan had already lapsed on 13-9-2021 and the owner was duty bound to get fresh site plan approved from JMC but was not done by owner when under UBBL-2021 in case of any erection, modification or renovation it is mandatory to seek prior permission from JMC.
However owner after halting construction work till April 2023 started construction again by repairing dismantled portion without JMC permission and surprisingly started same construction which was strongly objected by locals and the same was dismantled by JMC. In this regard Golden Yug newspaper published a detailed story dated 2-6-2023 highlighting re-start of unauthorized construction but JMC didn’t take any action against owner and meantime owner continued unauthorized construction.
Notwithstanding demolition notice under section 7(3) dated 4-12-2019 of BOCA Act 1988 not fully implemented, owner was guided by JMC authorities to submit presentation seeking renovation of house which was raised in violation of approved site plan applied through online vide No. JMC/2024/8517 dated 14-10-2024 and before giving renovation permission did measurement of construction and declared existing violations below 10% but violations in one side setbacks are beyond the limit of compounding as JMC directed to owner to demolish violation as shown in violation chart within period of ten days from the date of issuing of letter failing which the action as warranted under law will be initiated against owner vide No. JMC/Enf/5274-79 dated 23-1-2025 by Dy Commissioner South JMC. The owner instead of dismantling pointed out violations started renovating building from Jan 2025 onwards on RCC pillars without JMC permission and also raising 2nd floor with the help of concerned Dy Commissioner South/ Senior Town planner/ Enforcement staff which is highly questionable as without getting site plan approved from JMC how can owner start violated construction which needs to be stopped henceforth. Moreover JMC didn’t take any follow-up action after serving owner ten days ultimatum to dismantle violations and whether owner dismantle violations or not and hence violations remained intact as owner neither dismantled unauthorized galleries nor constructed porch and even raised unauthorized 2rd floor.
Worthwhile to mention here that owner instead of acting as per ultimatum served to him actually continued violated construction but didn’t construct porch on both floors and the area which was to be left towards left side by 10 ft was undertaken under construction, didn’t dismantle extended galleries and infect continuing same construction as was dismantled by JMC besides making fresh innovations in construction altogether without JMC permission which exposes eyewash action of JMC which remained mum after serving 10 days ultimatum to owner to remove violations and as a result of which the violated construction is going on as on date with the help of concerned JMC authorities deputed in Channi Himmat area. Commissioner JMC must intervene in this regard as this violated construction going on when the validity of approved site plan has already lapsed and the owner hasn’t applied for fresh site plan approval and most importantly this building has already been declared as illegal as the violations were much beyond compoundable limits as per JMP-2032/ UBBL-2021. Hence this particular case of violative construction deserves high level enquiry as by again starting violated construction, the owner has made mockery of JMC law book and also JMC BOCA authority.
