Owner was allowed first and 2nd floor 87.59 sqm (942 sqft) each, the owner was duty bound to leave front 3.96 mtr, rear-2.135 mtr, side-1, 1 mtr. As per approved site plan, the existing ground floor was shown as 106 sqm(1140 Sqft) whereas as per registry of residential ground floor in Court of law the existing ground floor was shown 1333 Sqft besides as per approved site plan, the violations of front and rear side were typically marked in green reminding owner to demolish these violations before start of proposed first and 2nd floor construction but was not done by owner
Owner fully supported by concerned enforcement staff completely deviating from approved site plan started further violated construction rather than demolishing existing violations of front and rear side on existing violated ground floor by raising RCC pillars on both front and backside and raised porch which had no mention in approved site plan measuring nearly 200 mtr on existing ground floor and raised first floor and 2nd floor measuring nearly 1600 sqft on porch against permitted 942 sqft and at present the owner is raising 2nd floor at par with first floor besides extending 3 ft galleries when no construction is allowed on porch
GY CORRESPONDENT
JAMMU, MAR 4
The process of getting site plans approved from JMC and getting NOCs from all concerned Govt departments before start of any construction be it residential or commercial has only proved mere futile exercise as now days in most of the cases the construction is not going on as per approved site plans. To put the things in perspective, one Vanita Mahajan wife of Rajeev Mahajan r/o 337/1-A South Extension, Trikuta Nagar Jammu purchased a single story residential house measuring 1333 sqft from Rekha Nanda w/o Ranjan Nanda r/o 19/2 Channi Himmat Jammu dated 8-8-2013 costing worth 29 lacs as per registry of land in court of law constructed on residential corner plot 19 measuring 30+45×55-6(2062 Sqft) in Sector-2, Ward-50 on main road of Channi Himmat Housing Board Colony. Here J&K Housing Board is also at fault which granted previous owner Rekha Nanda w/o Ranjan Nanda r/o 19/2 Channi Himmat Jammu free hold right when the owner had raised violated ground floor by raising violated construction on both front and rear setbacks in the year 2003 after paying fee Rs 41240.
The owner after taking possession of single story residential house applied for further construction before JMC vide application No. JMC/2022/2131 dated 19-5-2022. NOCs from PHE,PDD, S&D were received. Again the case was processed under submit No. JMC/2023/4694 dated 30-3-2023. NOCs from JKHB received and case was rejected as uploaded plan was incorrect. The owner again applied for site plan approval dated 4-10-2023 to which Building Officer Kapil Khajuria visited the site along with Surveyor and reported that ground floor is existing at site in violation of front and rear setbacks. The plot is abutting 12.0 mtr wide front road and 18.0 mtr wide side road. The report further said that NOCs from PDD,PHE and S&D received under previous submit No.2131 which was rejected by JKHB. Anyhow the proposed first floor and 2nd floor conform to UBBL-2021 and JMP-2032 norms as per report of Building Officer Kapil Khajuria. It is very surprising to note that despite violations of front and rear setbacks on existing ground floor, the further construction of first and 2nd floor approved by JMC Building Section on the ground that existing construction was approved vide No.1614/JMC/BS/2023-2024 dated 23-12-2023 as per approved site plan dated 10-3-2005 which was wrongly claimed and done in favour of owner going beyond then existing norms of building permission.
However as per approved site plan, the owner was allowed first and 2nd floor 87.59 sqm each, the owner was duty bound to leave front 3.96 mtr, rear-2.135 mtr, side-1, 1 mtr. It deserves mentioning here that as per approved site plan, the existing ground floor was shown as 106 sqm(1140 Sqft) whereas as per registry of residential ground floor in Court of law the existing ground floor was shown 1333 Sqft besides as per approved site plan, the violations of front and rear side were typically marked in green reminding owner to demolish these violations before start of proposed first and 2nd floor construction.
Worthwhile to mention here that the owner fully supported by concerned enforcement staff completely deviating from approved site plan started further violated construction rather than demolishing existing violations of front and rear side on existing violated ground floor by raising RCC pillars on all four sides of existing violated ground floor and raised porch on ground floor this time on both floors which had no mention in approved site plan measuring nearly 200 mtr on existing ground floor and raised first floor measuring nearly 1600 sqft on porch against permitted 942 sqft and at present the owner is raising 2nd floor wherein the ongoing construction of walls on RCC pillars will reach up to slab level in couple of days at par with first floor besides extending 3 ft galleries from both front and backside.
In light of above, Commissioner JMC should put to task enforcement staff deputed in Channi Himmat area wherein the owner instead of demolishing violated construction on existing ground floor raised further violated construction of first and 2nd floors by covering more area thereby making mockery of approved site plan and also putting question mark on sincerity and credibility of concerned enforcement staff who instead of ensuring construction as per approved site plan favouring violated construction against JMC Act 2000 and Unified Building Bye-laws 2021 and also higher-ups in JMC which didn’t cross-check the observations of concerned field staff failing which in absence of fixing responsibility and holding guilty accountable, Channi Himmat area will turn into concrete Jungle in no time if at present pace the unauthorized constructions are allowed.
