Author: Golden Yug

As per notice under provision of section 253(1) JMC Act 2000 served to owner of residential plot 250-C, Channi Himmat, the owner was given 48 hours ultimatum to reply to this notice and also was directed to stop construction failing which action warranted under  section 253(1) JMC Act 2000 will be taken against him but as of now ,the unauthorized construction is still going on at the site Owner didn’t raise residential construction on ground floor like bedroom, lobby, kitchen,  toilet and also cut out for ventilation and also staircase towards front side was also not constructed but to hoodwink…

In response to demolition order under section 253(1) of JMC Act 2000 dated 02.08.2024, owner wrongly submitted a reply that J&K Special Tribunal directed the owner of the building to deposit the compounding fee in JMC on 10.10.2013 of Rs. 1,27,800/- within a period of two months which was deposited by the owner with a Cheque No. 122994.Whereas, the file was sent to Account section to verify whether the owner has deposited the compounding fees or not, whereas, the Account section verified and reported that as per record no cheque/payment has been received till date. Owner also raised the construction…

JMC did not take requisite action against construction of three unauthorized shops despite Dy General Manager through a letter informed Joint Commissioner JMC that three year validity of approved site plan granted by JMC dated 26-11-2018 had already lapsed as the owner started construction of unauthorized three shops after nearly six years of getting site plan dated 26-11-2018 demanding action against owner as per Uniform Policy of J&K Housing Board. Now at present violated commercial construction is going on and the main walls towards front side have been raised to a considerable height which is evident from the pictures published…

Owner was also asked to submit written undertaking on affidavit dated 27-11-2024 that he would demolish the violated portion of existing basement, ground floor before start of fresh construction and also put partition walls on existing ground floor and the violated portion including violations towards left side and backside to be demolished by owner was categorically marked in green colour but surprisingly the drawing in proposed site plan was missing as there was no mention of drawing room, stairs and lift when infact there were two shops towards backside. Anyway the owner didn’t demolish existing violations on basement and ground…

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…

Owner didn’t raise residential construction on ground floor like bedroom, lobby, kitchen, toilet and also cut out for ventilation and also staircase towards front side was also not constructed but to hoodwink general public and JMC Authorities kept 2 ft size two windows and small size door 2 ft in size in middle of these two windows to show construction being residential as walls adjoin with it was deliberately constructed as temporary walls with a intention to remove them easily and also didn’t leave area as mandatory in setbacks like the owner left front 9 ft when he was duty…

Moreover as per Secretary , J&K Housing Board during clarification on use of Housing Board plots alotee, it was categorically admitted that the Housing Board has allotted both residential and commercial sites in Channi Himmat Housing Board Colony spread over seven sectors separately and that no one can change land use on his/her own and the use of site will be made as per allotment by Housing Board. But sadly in the recent past several alottees of Housing Board approved zonal planned colonies including Channi Himmat with the help of concerned enforcement staff of both Housing Board and JMC have…

Owner completely deviated from approved site plan by increasing size of basement parking 10000 sqft against permitted 3975 Sqft plus 1613 Sqft service area, constructing ground and first floors as 10000 Sqft at par with basement against permitted ground floor commercial towards front side as 2699 Sqft and towards backside measuring 2889 Sqft residential, First Floor commercial 2699 Sqft and towards backside residential use as 2889 Sqft, 2nd floor residential measuring 5588 Sqft besides raising 4th floor on tin shed covering nearly 2000 Sqft with bathroom Then Commissioner JMC Mandeep Kour vide No. 1484-86/BS/15 dated 8-1-2016 withdrawn the building permission…

Owner of nearly 4.5 Kanals has been constructing tin sheds nearly 100 in number from the last six months covering nearly half of area in his possession but JMC didn’t take any action against owner when construction of these Makeshift shops/Jhuggis/Kiosks was going on and woke up from deep slumber when these structures complete in all respect were handed over to all those who intended to run their businesses who started their businesses after being sublet by owner Now JMC under extreme public pressure has finally served owner demolition notice under Section 253 (1) of JMC Act 2000 wide No.JMC/DC…

Owner on ground floor as per approved site plan didn’t construct porch, Kitchen, toilet and lobby and one bedroom behind lobby with two bath rooms and infact constructed big size commercial hall on RCC pillars and also raising stairs from backside rather than where it was allowed towards left side along with Lobby as granted in case of duplex home as per approved site plan. Owner also didn’t observe mandatory setbacks including front 6.62 mtr (22 ft), Rear-2.13 mtr (7 ft), Side-1, 2.0 mtr (6.5 sqft) and Side-2, 0 mtr besides not keeping area open as 137.94 sqm and also…