The owner as per approved site plan didn’t construct porch on the front right side with bedroom and attached toilet followed by lobby in the backside and an adjoining kitchen on ground floor besides extending 2 ft galleries on ground and first floors and infect raising commercial halls on ground and first floors.
GY CORRESPONDENT
JAMMU, june 15
Notwithstanding approved site plans are crucial in construction, ensuring buildings meet legal and safety standards, facilitating efficient construction and minimizing risks, JMC failed to ensure constructions within Municipal areas as per approved site plans. Now days several such constructions are going on within Municipal areas either against approved site plans or beyond approved site plans particularly against JMP-2032 and UBBL-2021.To put the things in right perspective, one Charanjot Singh Anand s/o JS Anand owner of corner residential plot 126, Sector-1-A measuring 117.58 sqm (1265 sqft) Channi Himmat Housing Board colony Ward-50 got approved residential site plan from JMC Vide No. vide No. 552/JMC/BS/2024-25 dated 23-8-2024 vide application No. 6695. According to approved site plan, the owner was allowed ground plus two floors 85.44 Sqm each (919 Sqft) with open area as 32.14 sqm (346 sqft). The owner was entitled 72.66 % coverage area. The owner was mandatory to observe front setback as 2.52 sqm (8 ft) and rear side as 1.52 sqm (5 ft) the plot area being trapezium in size.
According to approved site plan, the owner was to construct porch on the front right side with bedroom and attached toilet followed by lobby in the backside and an adjoining kitchen on ground floor. Similarly on first and 2nd floor, the owner was to raise same construction except bedroom in place of kitchen as on ground floor. However with the help of concerned enforcement staff didn’t raise residential construction and infect constructed commercial hall without any wall partition walls on ground and first floors as there is no construction of bedroom, toilet, lobby , kitchen and most importantly didn’t construct porch except small bathroom towards back of ground floor besides extending 2 ft galleries on ground and first floors besides didn’t observe mandatory setbacks from backside as 5 ft and merge rear side area in construction of floor and also raising RCC pillars towards front side as 8 ft thus covering 100% plot area besoides keeping shutter provision as only entry point on ground floor. At present slab stands laid on first floor and in couple of days shuttering will be removed on first floor. But JMC enforcement staff diploid in Channi Himmat area is reluctant to take action against owner which in turn encourages violators to dare raising violated construction against approved site plan and have forgotten their professional duty to ensure every construction as per approved site plans especially as per UBBL-2021. But it is surprising to note that the violated construction in question is going on from last nine months but JMC enforcement staff deputed in Ward-50 as on date hasn’t reported any violations report thus deliberately closing their eyes to somehow shield violated construction of owner.
The JMC enforcement staff’s failure to perform their duties has led to widespread violations of building bye-laws and unauthorized constructions, particularly in Channi Himmat area. This includes instances where enforcement staff have been suspended for dereliction of duty for overlooking illegal constructions. The issue extends to issues like failing to issue BOCA notices, stopping construction work only as”eyewash,” and allowing unauthorized commercial constructions in residential areas. Enforcement staffs have been accused of not taking any action against those who pay them to allow violated constructions, even if they are completely against JMP-2032 and the Unified Building Bye-laws 2021. There are reports that enforcement staff are taking only oral action and stopping construction work only as”eyewash,” allowing violators to continue construction.
It is highly unfortunate on part of JMC enforcement staff which has failed to take action against violators at the initial stage of violation notwithstanding Jammu & Kashmir High Court and J&K Special Tribunal have time and again in many judgments have reprimanded the Jammu Municipal Corporation (JMC) for failing to take action against violators at the initial stage of violations. In light of above those at the helm of affairs in Channi Himmat area must take these violations seriously and must ensure every construction within Municipal area as per approved site plan and if he/she deviates from approved site plans, such plans should be cancelled so that every violator thinks hundred time before raising construction against approved site plans and especially against JMP-2032 and UBBL-2021.
