JMC takes no follow-up action against owners of residential plot 71/5 Channi Himmat for raising commercial construction on residential plot without maintaining setbacks, completely changing both internal and external dimensions after serving BOCA Notice 7(1) dated 27-2-2023 and structure still intact

This so called residential construction has no front entry door and has only windows on ground, first and 2nd floor and completely changed internal dimensions and not only this raised three floors all in equal size by not constructing verandah neither on front or backside
Housing Board team led by Assistant Executive Engineer Channi Himmat area dated 7-12-2022 visited site along with JMC team found completely changed dimensions at site and ultimately stopped shuttering work of 2nd floor, but work restarted on 15-12-2022 as JMC didn’t take any action against owners
Owners produced two undertakings one before JMC and another before Housing Board duly attested by Magistrate that they will raise only residential construction which was a ploy to halt any further action against them from JMC and Housing Board but soon owners made their intention clear by keep raising commercial construction by again starting construction work two days back
Then JMC Enforcement Inspector Varun Kesar deputed in Ward-50 should be held responsible for not reporting actual violations in his earlier report dated 12-12-2022 and under public pressure in BOCA notice under section 7(1) dated 27-2-2023 claiming that the owners have raised ground plus two floors against approved site plan and have not observed mandatory setbacks besides floor coverage as per approved site plan and that these violations seriously affects planned development of Jammu city and contravenes building plan
GY CORRESPONDENT
jammu, may 01
Enforcement Inspector Varun Kesar has been offering patronage to violated/unauthorized constructions in Channi Himmat area and also doesn’t report violations allowing owners to continue unauthorized constructions and when public pressure mounts on JMC , Varun Kesar reports minor violations to save owners violated construction. Same was done by him in case of unauthorized construction going on at 71/5 Channi Himmat Zonal Planned Colony in front of Vermani Shopping Mall by Gagandeep Singh Bedi and Pawandeep Singh Bedi sons of Jaswinder Singh Bedi.
The measurement of plot was 40×80 (3200 Sqft). Gagandeep Singh Bedi and Pawandeep Singh Bedi got transferred ownership rights of plot from Housing Board and accordingly got approved site plan from JMC vide No.1082/JMC/BS/2022 dated 10-8-2022 for residential purposes only. As per approved site plan, the owners were allowed ground, first and 2nd floor each 161 Sqm( 1733 Sqft) each with open area 132 Sqm( 1421 Sqft) with height of building 32 ft from the road level . The owner was mandatory to leave 4.25 mtr ( 15 ft) from front side, rear side 2 mtr(6.5 ft), side-1, 2 mtr(6.5 ft) without mentioning sides whether left or right.
Accordingly paid residential site plan fee as Rs 21786 only for permitted construction but did not deposit cess tax which should be deposited in Labour department which is 2% of total construction cost which approximately becomes more than Rs 35000 .As per approved site plan, the owner was supposed to construct Drawing room, kitchen, bathroom along with verandah with open terrace towards front side on ground floor with stairs inside along with a cut out for ventilation purposes as visible in duplex construction in between a lobby and two bedrooms along with two bathrooms with verandah towards backside. The main entry on the ground floor was through lobby towards front side. Moreover empty space shown on either side in the approved site plan lacks mentioning of purpose of these left spaces.
As per approved site plan, the owners were to construct kitchen on left side of ground floor followed by verandah by moving back from kitchen area but the owners changing dimensions kept kitchen and drawing room all in straight line by not constructing verandah neither from front side nor from backside. Similarly from backside there was a provision for two bathrooms which were not constructed and instead constructed stairs from backside which was not part of approved site plan. Moreover there was no front entry door and instead installed three windows and owners on their own kept the front entry gate on the backside of ground floor.
Locals badly annoyed over commercial construction on residential plot complaint before JMC higher authorities in this regard after JMC enforcement staff didn’t take action against owner while he was raising violated construction by completely changing dimensions both internal and external as mentioned in approved residential plot. Meantime both the owners produced two single undertaking dated 13-12-2022 before JMC duly attested by Magistrate that they will raise only residential construction which was a ploy to halt any further action against them from JMC and Housing Board but soon owners made their intention clear by keep raising commercial construction by again starting construction work .
However JMC under public pressure served owners BOCA notice under provision of section 7(1) dated 27-2-2023 vide No. JMC/CEO/74/01/2022 claiming that the owners have raised ground plus two floors against approved site plan and have not observed mandatory setbacks besides floor coverage as per approved site plan and that these violations seriously affects planned development of Jammu city and contravenes building plan. The owners were served 48 hours ultimatum to reply to this notice as to why violations as mentioned above should not be sealed/demolished. Surprisingly Enforcement Inspector Varun Kesar deputed in the area who had earlier reported that construction is going on as per approved site plan and didn’t take action against complaints of locals this time in his report maintained that that owner was allowed to construct ground floor and first floor 161 Sqm each but owner constructed ground floor,first and 2nd floor covering 183.53 Sqm exceeding violations 13.99% each floor and violated 22.53 Sqm each 243 Sqft (729 Sqft on three floors) thus projecting violations as 67.59 Sqmt total violation with 13.99% violations on each floor. The report however wrongly claimed that setbacks were observed by owners and that owners were allowed height 11.28 Mtr but owners raised height to 1.43 mtr thus projecting violations as 14.51% whereas in reality setback violations as mentioned above were not mentioned in this report with a aim to shield commercial construction of owners on residential plot. Besides owners have raised two rooms on third floor in addition to Mumty without JMC permission which was not mentioned in report. Moreover galleries raised by owners towards left side were also not mentioned in BOCA notice. After visiting site, violations are much more than as mentioned in the notice.
Worthwhile to mention here that since BOCA notice under provision of section 7(1) dated 27-2-2023 vide No. JMC/CEO/74/01/2022 was served to owners, no further proceedings has been done by JMC after owners produced written undertaking that they will remove projected violations and will use premises only for residential purpose. But in reality, nothing was demolished by owners and the huge commercial structure by completely changing internal and external dimensions is still intact. Enforcement Inspector Varun Kesar as predetermined put his stamp on undertaking and thereafter no proceedings done with regard to huge violations including vital violation of land use change from residential to commercial against approved site plan and also against JMP-2032, Unified Building Bye-laws 2021.
Pertinent to mention here that when an RTI application was filed to seek proceedings done by JMC after serving BOCA notice under provision of section 7(1) dated 27-2-2023 vide No. JMC/CEO/74/01/2022, Secretary, Incharge BOCA Authority in Channi Himmat area (Central Public Information Officer JMC) replied that asked information pertains to Building Section vide No. JMC/CEO/5/58-60 dated 10-4-2023 when providing information relating to Building Section was very much in her domain but deliberately denied asked information there by proving her patronage towards owners. Moreover the report of Varun Kesar was not crosschecked when it was her duty to visit site as photographs indicating complete change in internal and external dimensions by owners was also attached with RTI Application.
In light of above facts, Commissioner JMC must order an enquiry how owners managed to continue commercial construction on residential plot despite serving owners BOCA notice and maintain that owners have raised violated construction without maintain setbacks. Also when Housing Board team after visiting the site clearly mentioned that the owners have completely changed dimensions both internally and externally by not keeping windows, ventilators and doors towards front side to give it shape of residential construction besides there was no verandah as per residential approved site plan against approved site plan and despite bringing the same into kind notice of JMC which prima-facie suggests owners enjoying patronage of JMC enforcement staff which Commissioner JMC should take serious cognizance of this to safeguard guidelines of JMP-2032 and Unified Building Bye-laws 2021 and re-measurement should be done if JMC really interested in implementing JMP-2032 and Unified Building Bye-laws 2021 in letter and spirit and also if no action is taken against enforcement staff responsible for allowing such violated constructions making land use change, there will be further boom in unauthorized constructions which in turn will result in totally chaotic situation.