Owner didn’t maintain mandatory setbacks including front- 10 ft, Rear side- 6.5 ft, cut out measuring 13 fft by 6.5 ft towards 20 ft road side for ventilation purposes with height of building fixed at 37.5 ft from front road level and keeping cutout for big size main entry gate but JMC enforcement staff didn’t take any action against owner rather guided and supported owner to openly make land use change that too on main road of Channi Himmat Housing Board colony
Owner didn’t install windows after keeping space for windows to hoodwink general public and JMC authorities now these windows have been closed with bricks but JMC enforcement staff didn’t report violations before concerned seniors that owner didn’t construct drawing room, kitchen, lobby with toilet and two bed rooms with attached toilets with verandah towards front side on ground floor besides balcony on each floors and infact raised three equal violated floors without maintaining setbacks as the owner predetermined to use premises for commercial purposes.
Reliable sources have disclosed that owner has approached JMC higher authorities for compounding of violations. But it is pertinent to mention here that JMC if proceeds to compound owners violations mustn’t forget that violations can’t be compounded as per Appendix-D of UBBL-2021 came into force from Oct 2021 in case of violation of coverage, FAR, setbacks, open spaces, total height of building, number of floors, number of DUs and density, parking norms, light and ventilation provisions, land use and access road requirement
Owner has made violations of land use change from residential to commercial which is evident from the pictures of ongoing construction where temporary windows space has been kept but don’t like routine windows. Owner has also made violation of coverage, setbacks particularly from backside. The owner also made violation of open spaces by not constructing porch and raising walls up to three floors besides violation of total height, light and ventilation provisions by covering ventilation area under construction and also violation of access road requirement. Moreover owner has also made unforgivable violation of condition of approved site plan that in case owner deviate from approved site plan is deemed to be cancelled
GY CORRESPONDENT
JAMMU, april 8
One Naresh Dubey s/o MR Dubey already having residential house at 424-A Gandhi Nagar Jammu , a Housing Board Zonal Planned colony purchased another residential corner plot No. 629/3 measuring 30×55 Sqft having front main road side 60 ft and right side road 20 ft being a corner plot Channi Himmat Housing Board colony from Housing Board way back in Sep,1988 when as per existing rules they were not entitled to two residential plots that too in both posh colonies Gandhi Nagar and Channi Himmat. Anyway the owner applied for approval of residential site plan under Application No. 6728 dated 16-5-2017 and got approved residential site plan nearly after three years in the year 2020 vide No. 296/JMC/BS/2020 dated 5-8-2020.
According to approved site plan residential, the owner was allowed to construct ground floor 1070 Sqft and other two floors first and 2nd 1070 Sqft each. The owner was mandatory to observe setbacks including front- 10 ft, Rear side- 6.5 ft, cut out measuring 13 ft by 6.5 ft towards 20 ft road side for ventilation purposes with height of building fixed at 37.5 ft from front road level with open area 580 Sqft. The owner accordingly paid building fee Rs 7490 for permitted construction area and also paid Rs 38520 as labour cess . The validity of site plan was valid for three years and expired dated 4-8-2023.
The owner however just before the lapse of approved site plan, started construction in the month of March 2023 and constructed ground floor measuring more than 1350 sqft and first floor also 1350 sqft in August 2023 against sanctioned 1070 sqft each without maintaining setbacks particularly from backside the owner hardly left 2 ft with less width when he was supposed to leave 6.5 ft and front nearly 6 ft when he was duty bound to leave 10 ft from front side besides didn’t construct cut out for ventilation and covered cut out area under construction to use it under shutter for other purpose other than ventilation on other two floors also.
Surprisingly the owner didn’t install windows and kept space for windows to hoodwink general public and JMC authorities but JMC enforcement staff didn’t report violations before concerned seniors to take action against owner. It is to mention here that as per established norms of JMC Building laws and Bye-laws at the time of starting of construction, demarcations shall have to be given in presence of concerned JMC officials particularly enforcement team and in case of any deviation to the sanctioned plan or change of use of premises, the building permission issued shall be deemed cancelled but in the present case these norms were totally sidelined by concerned JMC officials and infect instead of taking action against violator extended unfair support to owner to go-ahead with violated commercial construction.
The owner as per approved residential site plan was to construct drawing room, kitchen, lobby with toilet and two bed rooms with attached toilets with verandah towards front side on ground floor besides balcony on each floors but owner contrary to approved site plan didn’t raise residential construction and infact raised three equal violated floors without maintaining setbacks as the owner predetermined to use premises for commercial purposes but JMC didn’t move an inch even when owner made provision of entry nearly 8×10 ft towards other side of road measuring 20 ft and covering porch area with walls on three floors.
Notwithstanding serious violations, then Secretary JMC provided wrong information against RTI application dated 23-3-2023 vide letter No. JMC/CEO/73-75 dated 28-4-2023 that owner is undertaking construction as per approved site plan when third floor was constructed when approved site plan had already lapsed. Also the construction at the site was absolutely contrary to approved residential site plan which was conveniently ignored and sidelined by JMC higher-ups as the owner while undertaking unauthorized construction totally changed both internal and external dimensions. Anyway the owner with the help of concerned enforcement staff managed to construct three equal floors each measuring 1350 Sqft each without maintaining setbacks and mandatory cut out on three floors.
Worthwhile to mention here that , the violated construction as on date going on and heading towards finishing level without break but concerned enforcement staff what to think of serving notices under JMC Act 2000 even didn’t report violations before JMC higher-ups which resulted in construction of three violated commercial floors without any visible mark of construction being residential. Reliable sources have disclosed that owner has approached JMC higher authorities for compounding of violations. But it is pertinent to mention here that JMC if proceeds to compound owners violations mustn’t forget that violations can’t be compounded as per Appendix-D of UBBL-2021 came into force from Oct 2021 in case of violation of coverage, FAR, setbacks, open spaces, total height of building, number of floors, number of DUs and density, parking norms, light and ventilation provisions, land use and access road requirement.
It is pertinent to mention here that in the present case, owner has made violations of land use change from residential to commercial which is evident from the pictures of ongoing construction where temporary windows space has been kept but don’t like routine windows. Owner has also made violation of coverage, setbacks particularly from backside. The owner also made violation of open spaces by not constructing porch and raising walls up to three floors besides violation of total height, light and ventilation provisions by covering ventilation area under construction and also violation of access road requirement. Moreover owner has also made unforgivable violation of condition of approved site plan that in case owner deviate from approved site plan is deemed to be cancelled.
But surprisingly no action was taken against owner as the concerned Enforcement staff unbridled by Dy Commissioner South who never cross-checks working of field staff and has given long rope to act on their own instead of taking action against owner rather joined hands with owner and allowed him to raise three commercial floors without observing setbacks after getting approved residential site plan from JMC against JMP-2032,UBBL-2021, JMC Act 2000. The present case deserves high level enquiry why set norms under UBBL-2021 were staked by allowing owner raising commercial construction of three floors without observing setbacks after getting residential site plan approved from JMC. Moreover JMC is also answerable to residents of Channi Himmat area why till date owner was not served any notices to owner under JMC Act 2000 when this violated structure is eye catchy and also infront of Channi Himmat Cremation Ground and if sources are to be believed that owner has approached JMC for compounding of his violations, how can JMC entertain such a appeal from owner as on date no action taken against owner when three floor commercial structure has been successfully raised and where was enforcement staff during all this time is highly questionable particularly Dy Commissioner South who has done nothing in this regard since occupying chair which is equally questionable.
