The owner contrary to approved site plan Stage-1st construction to construct stilt floor which is for parking purpose of general public on ground floor which has to be kept opened from all sides but this unique stilt floor is occupied by concrete brick walls from all sides which means it can never be termed as stilt floor with the help of then enforcement staff deputed in Channi Himmat area
Owner constructed stilt floor 750 Sqft against sanctioned 450 Sqft and rest three floors all in equal size that is 750 Sqft and even didn’t construct third floor as residential thus completely raising construction against approved site plan besides raising height of floors and installed iron gate from front side at the edge of his plot ending all possibilities of parking even a single car on the basis of which the owner was permitted three floors
During status Quo in place, JMC didn’t take any cognizance and infect allowed owner to continue pending finishing works and as a result of which, the husband of owner being Doctor started Day Care Medical Centre from his violated premises dealing with gas problem, patin abdomen, gall bladder and kidney stones, piles, fissure and anal Fistula, Hernia, prostrate and urinary infection, any Abscess, ulcer or swelling over body, sugar, blood pressure, jaundice and anemia
GY CORRESPONDENT
JAMMU, FEB 18
One Samriti Aggarwal wife of Dr Rajiv Gupta owner of private land measuring 2 Marlas and 100 Sqft(644 Sqft) in Sector -3 Ward -51 village Channi Himmat adjoining with Engineering Institution comprising of Khasra No. 477 Min on the main road side of Channi Himmat Housing Colony Ward -51. The size of commercial site is right side 36 ft,left side 35 ft, width front side 19ft 5 inch and rear side 17 ft making total plot area 644 Sqft as per registery of land in favour of owner in court of law. Accordingly the owner got approved stage-1st commercial site plan vide No.106/JMC/BS/2021 dated 16-4-2021. As per approved commercial site plan, the owner was allowed stage first stilt floor parking 450 Sqft and height of stilt floor was sanctioned 8.2 ft from floor level to centre side of beam and open area 194 Sqft for parking of cars as stilt floor parking and paid fee accordingly Rs 11250 and betterment charges Rs 1200,Rs 6000 as Malba security.
The owner was mandatory to leave 10.25 Ft from front side without measurement of side-01,side-2 and rear side. However when owner started construction, it was never a stilt floor for parking and infect the owner covered more area nearly 750 sqft when legally he was owner of 644 sqft wherein he was allowed 450 sqft under construction. The owner contrary to approved site plan Stage-1st construction to construct stilt floor which is for parking purpose of general public on ground floor which has to be kept opened from all sides but this unique stilt floor is occupied by concrete brick walls from all sides which means it can never be termed as stilt floor with the help of then enforcement staff deputed in Channi Himmat area..
Despite serious violations at stage-1st construction, the owner successfully managed 2nd stage approved site plan constructions vide No.1084/JMC/BS/2021 dated 13-12-2021 including first ,2nd both 450 Sqft as commercial shop and third floor 450 Sqft for residential purpose and height of building was allowed 36 ft making it total 44 ft and 2 inch. It deserves mentioning here that first,2nd floor as commercial and third floor as residential were meant to be constructed on stilt floor as ground floor all in equal size and accordingly owner again paid building fee Rs 18900 fee for sanctioned construction and Rs 29700 as labour cess.
When locals strongly protested before enforcement staff, a detailed story highlighting serious violations along with pictures published by Golden Yug newspaper twice first on 10-6-2022 and 2nd one on 15-6-2022 but JMC didn’t take any action against owner despite bringing serious violations timely and properly. As a result of which the owner covered hundred percent area without maintaining setbacks that is constructed stilt floor 750 Sqft against sanctioned 450 Sqft and rest three floors all in equal size that is 750 Sqft and even didn’t construct third floor as residential thus completely raising construction against approved site plan covering parking area 194 ft to construct stairs from stilt floor to third floor besides also lift provision and installed iron gate from front side at the edge of his plot and that too the opening of gate towards public road side thus ending all possibilities of parking even a single car on the basis of which the owner was permitted three floors.
Due to involvement of JMC enforcement staff in raising of violative construction against approved site plan, BOCA notices against owner were deliberately delayed to allow owner to continue construction which was against the guidelines of JMP-2032 and even Unified Building Bye-laws 2021 that too in Zonal Planned Colony Channi Himmat badly damaging proper symmetry in the area.
However under extreme public pressure and for record sake , JMC served owner demolition notices under section 7(1) dated 30-1-2023 and later another demolition notice under section 7(3) under JMC BOCA Act 1988. In the demolition notice served to owner under section 7(3) under JMC BOCA Act 1988, measurement of violations was also done including violated 4th floor vide No. JMC/CEO/65/03/22 dated 1-8-2023 serving owner five days ultimatum to demolish violations, failing which same will be done by JMC at the risk and cost of owner.
Meanwhile the owner approached J&K Special Tribunal against demolition notice under Section 7(3) of BOCA Act 1988 and got status Quo dated 9-8-2023.
However during status Quo in place, JMC didn’t take any cognizance and infect allowed owner to continue pending finishing works and as a result of which, the husband of owner being Doctor started Day Care Medical Centre from his violated premises dealing with gas problem, patin abdomen, gall bladder and kidney stones, piles, fissure and anal Fistula, Hernia, prostrate and urinary infection, any Abscess, ulcer or swelling over body, sugar, blood pressure, jaundice and anemia. Surprisingly JMC didn’t filed contempt application against owner before Tribunal for violation of status Quo order after joining hands with owner.
Anyhow J&K Special Tribunal in its judgment dated 11-3-2024 set aside impugned demolition order directing JMC to proceed afresh under law to deal with violations of Building Bye-laws 2021 and accordingly disposed off appeal.
As a result of which JMC after nearly one year served owner sealing notice vide No. JMC/Enf/5533-37 dated 11-2-2025 under JMC Act 2000 and read with J&K Unified Building Bye-laws 2021under Section 2.11 and physically sealed violated premises early morning on 18-2-2025.
As per sealing notice , the owner made violations of 299.2 Sqft on stilt floor, first, 2nd and third floor each making it 66.37 % violations on each floor also making hundred percent violations of front setback.
In light of above ,there is serious question mark on credibility and sincerity of JMC functioning as despite serving two demolition notices to owner, no follow-up action taken and unnecessarily matter reached Tribunal when JMC was duty bound to act against owner at the initial stage of violations when locals and print media very effectively highlighted violated construction.
JMC is also answerable to public how owner continued violated construction during status quo in place and husband of owner Dr Rajeev allowed to run Day Care Medical Centre when status quo order was in placed by J&K Special Tribunal.
