Conversion of residential complex into commercial; SVC for removal of deviations

Excelsior Correspondent

JAMMU, Jan 24: While adjudicating upon a complaint of violating building permission norms and the parameters of Srinagar Master Plan by one Mohd Ahsan Rather  during construction of two residential buildings at Hyderpora, Srinagar, the State Vigilance Commission (SVC) has observed that negligent approach has been adopted by the authorities of SMC in getting the stay order vacated from the Court of Law and reprimanded the Commissioner, Srinagar Municipal Corporation (SMC) and concerned field functionaries of the Corporation for this wilful laxity.
The Commission also directed Administrative Secretary of Housing and Urban Development Department (H&UDD) to take action in the matter and ensure that deviations in approved building plan made during construction are removed besides taking legal action against the violator.
As per the complaint, Mohd Ahsan Rather had converted both the buildings into a commercial complex violating the norms of Building Permission Act despite the fact that permission was granted exclusively for construction of residential houses.
According to the report, submitted by SMC to the Commission, BOCA had granted building permission for construction of three storey two residential houses with compound walling, but the permittee had deviated from the sanction, exceeded the sanctioned area of both the buildings without maintaining the setbacks as per building permission and approached J&K Special Tribunal where the deviations done in violation of norms were compounded. After compounding the deviations carried out in violation of norms prevalent in the area, Mohd Ahsan converted both residential buildings to commercial use and also approached the High Court and the Court was pleased to order status quo on May 31, 2011 which is yet to be got vacated by SMC despite elapse of about six years.