Unauthorized commercial construction going in Lajpat Nagar, Canal road, Ward-19 without JMC permission & maintaining mandatory setbacks

Though  there is no dearth of rules, by-laws, and statutory provisions that govern the conduct of construction activities in Jammu Municipal limits, however, illegal construction continues to thrive. While such activities are nearly universal across all 75 Wards, they are most rampant in posh colonies. A primary reason is that in these posh colonies, the cost of land is steep, and the huge demands for commercial activities.Some of the violations are marginal for example, making a few changes during actual construction and veering away from what was drawn in the building plan submitted to the local authority. The more extreme ones make substantial structural changes, introduce short-cuts, and economize on critical components of a sound structure.

In this regard, unauthorized commercial construction is going on in Lajpat Nagar, Canal road, Ward-19 without JMC permission & maintaining mandatory setbacks. Despite aggrieved locals bringing the same into kind notice of concerned Enforcement staff, nothing has been done in this regard. Aggrieved locals claimed that if such unauthorized commercial constructions are allowed without any check by JMC will further encourage violators to raise their choice constructions which means getting site plan approved from JMC will reduced to be mere formality. This will make extremely difficult for any agency to strictly implement jmp-2032 and UBBL-2021.

Law abiding citizens have demanded that Municipal laws that regulate construction also need to be reviewed. The entire process of serving notice, awaiting reply, and finally taking action needs to be hastened in view of the delinquent owner’s penchant to get their unlawful construction completed with speed.  Additionally, the punishment should match the degree of violation, including heavy costs, criminal prosecution, and the harshest penalty on the statute book in case of the construction collapsing or catching fire, and causing death or bodily harm.

This is also fact that Jammu’s rising urbanisation in recent years has triggered unbridled construction activities to meet the needs of the growing populations in these cities. Not all of these constructions abide by existing laws, however, leading to adverse consequences on governance systems, the environment, people’s health, transportation services, and overall citizen well-being. As more people reside in towns and cities, either temporarily or permanently, the demand for enabling economic, physical, social, educational, health and recreational infrastructure also rises.

While admitting carelessness and negligence of the field staff of different wings of the Housing and Urban Development Department in reporting violations of Master Plans and Building Bye-laws, Government of Union Territory of Jammu and Kashmir has issued advisory against illegal constructions and encroachments and made it explicitly clear that delay in reporting violations in future will invite disciplinary action. It has been brought to the notice of the Housing and Urban Development Department through various sources including Anti-Corruption Bureau that illegal constructions are not being reported timely by the field staff to their senior officers by the department.

It has been established that these illegal constructions are carried out due to carelessness and negligence of the field staff who are entrusted with responsibility of checking such illegal constructions well in time. It has generally been observed that in case of major violations, the enforcement wings don’t prefer to visit the spot till the violators complete several floors and thereafter such major violations get compounded through Tribunal.  The need of the hour is that enforcement wing is held accountable for violation of Master Plan and building bye-laws.