As per Section 5.2.1.2 under Table 5.4 under Unified Building Bye-laws 2021, in case of commercial construction up to 100 sqm ,the ground coverage is allowed only 70%, FAR 210 and construction so allowed is ground plus one floor and neither basement nor stilt floor parking is allowed up to 100 sqm. It is surprising to note that area in case of three differently approved site plans is well below 100 sqm then how the owners were allowed new stilt floor commercial for parking measuring 12.1 sqm, 12.8 sqm and 12.1 sqm respectively towards front side which means site plans were wrongly approved in their favour keeping in view available area at the site besides deliberately the height of stilt floors for parking was not mentioned in the three differently approved site plans
Three differently approved site plans basically belongs to one family as in two approved site plans one name is common that is Sahil Gupta and third plot also of family member. Further as the ongoing construction belongs to single family, Raj Kumar Gupta father of Sahil Gupta is very influential and a well off person having prominent properties in Channi Himmat area namely 275/4,276/4 and 277/4 wherein at present clubbing these plots running Ambika Super Shoppe on two floors
Raj Kumar Gupta is a habitual offender and master of raising violated construction with active connivance of enforcement staff which is evident from the fact that he was served BOCA notice under provision of section 7(3) vide No.MJ/CEO/206/3/2011 dated 24-9-2011 for raising commercial construction on residential plot 276/4 Channi Himmat Housing Board Colony against approved site plan. The owner against this notice approached J&K Special Tribunal in case titled Raj Kumar Gupta Vs BOCA Authority vide File No.STJ/632/2011 dated 30-9-2011 and managed to get compounding of violations as residential dated 20-1-2014 and paid compounding fee as residential Rs 100880 vide GR No. 29555 dated 15-3-2014 but raised commercial construction and as on date using the same for commercial activity and running Ambika Super Shopee but JMC as on date hasn’t taken any action against this habitual offender
GY CORRESPONDENT
jammu, dec 23
Now days a new trend to cover more area is in prevalence wherein site plans are getting approved in different names by single owner and later clubbing differently approved site plans as one under the nose of JMC authorities. The live example of this is that one Sahil Gupta s/o Raj Kumar Gupta purchased three commercial shop sites 3,4 and 5 in a straight line adjoining with each other in sector-2, Channi Himmat zonal planned colony Ward-50 from Housing Board during open bidding for commercial sites costing worth crores. But utilizing loopholes being offered by JMC building section very purposefully got approved two site plans for commercial site shops 3 and 4 in his name and third one in the name of other family member Ashok Gupta s/o Rattan Lal at shop site No.5.
Sahil Gupta s/o Raj Kumar Gupta got approved site plan for commercial Shop site No.3, Sector-2 measuring 87.40 sqm vide No. 2014/JMC/BS/2023-24 dated 28-3-2024 stage-1st allowing owner new stilt floor commercial parking measuring 12.1 sqm out of way and new ground floor commercial measuring 49.07 sqm against Unified Building Bye-laws 2021. The owner was mandatory to observe setbacks including front- 3.69 mt. The height of stage-1st construction was fixed as 4.5 mt from front road level excluding mumty. The FAR for commercial site was allowed 56.14.
Similarly another site plan approved in the name of Sahil Gupta s/o Raj Kumar Gupta at Shop site No.4, Sector-2 measuring 87.05 sqm vide No. 1996/JMC/BS/2023-24 dated 20-3-2024 but in approved site plan it has been shown new stilt floor commercial measuring 12.08 sqm for parking and new ground floor commercial measuring 48.86 Sqm. The height of stage-1st construction was fixed as 4.5 mt from front road level excluding mumty. The FAR for commercial site was allowed 56.12.
Likewise one more site plan approved in the name of Ashok Gupta s/o Rattan Lal at shop site No.5, Sector-2 measuring 87.93 sqm vide No.44/JMC/BS/2024-25 dated 24-4-2024 stage-1st ground floor only but in approved site plan it has been shown new ground floor commercial measuring 12.01 sqm for parking and new ground floor commercial measuring 49.07 sqm . The FAR for commercial site was allowed 55.80.
It is important to mention here that as per Section 5.2.1.2 under Table 5.4 under Unified Building Bye-laws 2021, in case of commercial construction up to 100 sqm ,the ground coverage is allowed only 70%, FAR 210 and construction so allowed is ground plus one floor and neither basement nor stilt floor parking is allowed up to 100 sqm. It is surprising to note that area in case of three differently approved site plans is well below 100 sqm then how the owners were allowed new stilt floor commercial for parking measuring 12.1 sqm, 12.8 sqm and 12.1 sqm respectively towards front side which means site plans were wrongly approved in their favour keeping in view available area at the site besides deliberately the height of stilt floors for parking was not mentioned in the three differently approved site plans.
Any how the owners with the help of concerned enforcement staff deployed in Channi Himmat area started joint construction with common walls and pillars but no stilt floors for parking constructed and infect raised commercial halls with single wall partition after clubbing three differently approved site plans without maintaining mandatory setbacks at the site but JMC enforcement staff didn’t take any action against owner despite this violated construction was thoroughly highlighted by this news paper along with pictures dated 7-6-2024 and 10-7-2024 and as a result of which stage-1st violation completed with help of enforcement staff.
Notwithstanding serious violations in stage-1st construction and the same brought properly into kind notice of enforcement staff, JMC approved stage-2nd commercial site plans allowing owners commercial floor new 60.96 sqm, 61.17 sqm and 61.17 sqm respectively in case of three differently approved site plans. Following which the owners just like violated stage-1st construction has recently started similar joint construction of stage-2nd commercial with help of enforcement staff deputed in Channi Himmat area when under joint construction, it is impossible to observe mandatory setbacks supposed to be observed by owners of three differently approved commercial sites.
Worthwhile to mention here that these three differently approved site plans as mentioned above basically belongs to one family as in two approved site plans one name is common that is Sahil Gupta and third plot also a part of same family. Further as the ongoing construction belongs to single family, these three differently approved site plans were clubbed at the site with common walls and common pillars and raised single commercial hall and constructed stairs at commercial sites 3 and 5 and there is provision for stairs at commercial site-4. Moreover as per approved site plan , the construction of stilt floor for parking is not at all visible at sites and from a look at ongoing construction there is no possibility now that new stilt floors commercial can be constructed as the area of new stilt floor commercial and new ground floor commercial stands clubbed . But surprisingly the enforcement staff deputed in the area hasn’t taken any cognizance of ongoing construction how three differently approved site plans were clubbed at the site and why no stilt floor for parking were not constructed at the site showing and proving their close proximity with owners at the cost of JMP-2032 and Unified Building Bye-laws 2021.
It deserves mentioning here that Raj Kumar Gupta father of Sahil Gupta is very influential and a well off person having prominent properties in Channi Himmat area namely 275/4,276/4 and 277/4 wherein at present clubbing these plots running Ambika Super Shoppe on two floors. It is vital to mention here that Raj Kumar Gupta is attorney holder of Plot No. 275/4, Veena Gupta wife of Raj Kumar Gupta is attorney holder of 277/4 and Sahil Gupta is attorney holder of 276/4. This has been done as these plots were not transferred by Housing Board Jammu in his name as he violated lease deeds. Further Raj Kumar Gupta has recently purchased a plot 242/6 measuring 50×100 in Channi Himmat Housing Board colony in the name of his son Sahil Gupta from original alottee Sudesh Kumar Gupta s/o Lal Chand costing worth crores. Raj Kumar Gupta is a habitual offender and master of raising violated construction with active connivance of enforcement staff which is evident from the fact that he was served BOCA notice under provision of section 7(3) vide No.MJ/CEO/206/3/2011 dated 24-9-2011 for raising commercial construction on residential plot 276/4 Channi Himmat Housing Board Colony against approved site plan. The owner against this notice approached J&K Special Tribunal in case titled Raj Kumar Gupta Vs BOCA Authority vide File No.STJ/632/2011 dated 30-9-2011 and managed to get compounding of violations as residential dated 20-1-2014 and paid compounding fee as residential Rs 100880 vide GR No. 29555 dated 15-3-2014 but raised commercial construction and as on date using the same for commercial activity and running Ambika Super Shopee but JMC as on date hasn’t taken any action against this habitual offender.
In light of above Commissioner JMC should take serious cognizance of ongoing construction of three shops after clubbing three differently approved site plans and also as the ongoing construction is not going according to approved site plans as at the site there is no construction of stilt floor for parking and also as per the approved site plan, the clubbed construction can’t be raised as under the situation, it is difficult to maintain setbacks and height as they vary in differently approved site plans. Moreover Commissioner should take to task enforcement staff who visited the site but didn’t report the non-construction of stilt floor parking as the stage-2nd construction has already started from the last 15 days and at present there is no scope for construction of stilt floor for parking.
