R K Handa
On 4th of January 2025,The bench of justice Wasim Sadiq Nargal ordered BOCA Jammu to provide list of all commercial establishments in Gandhinagar Nagar Jammu which is primarily a residential colony .
The author of this note is confident that BOCA shall not be able to provide list of all shops and commercial establishments truthfully because of various reasons.
The corporation does not have updated record of properties (buildings) in Gandhinagar Jammu which is primarily a residential colony established somewhere in 1957-1958,nor have the Corporation a system whereby they record changes being made on daily basis.
They do not have record of all the buildings on a particular date with respect to number of floors;setbacks; encroachments,violations residential or commercial wholly or partially nor have they intentions to do that.They do not have systematic records of whether the buildings constructed are as per the plans approved by the Corporation and they do not have system of providing completion certificates.The completion certificates are very important as only on furnishing completion certificates by the owner of the plot the permanent electric or water connection is given This is nowhere in reality.
The owner should be permitted to use the building only after obtaining completion certificates from the Corporation.
The Corporation is supposed to have three-D pictures of the buildings on a particular date while drawing out the inventory of the properties in the jurisdiction of the Corporation.THEY DO NOT DO THAT REASON BEING OBVIOUS.
At the time Gandhinagar colony was planned ,the town planners might have taken data of population at that time along with forecasted data of population in next 50 years and years ahead.Based on that the right of way of the roads,lanes might have been planned.Similarly the requirements of power,water,might have been forecasted on year to year basis.Along with this the rainwater data might have been collected ,and sewage sewerage,solid waste load might have been considered.The revised master plan of Jammu upto the year 2032 envisages ground plus three floors in Gandhinagar housing colony without taking into consideration the addition of load of traffic,electricity,water,sewage,sewerage,solid waste by allowing ground plus three storeys.This Corporation has ignored all these loads and allowed increase in FIS perhaps to please a few business community.Suppose a restaurant or pan and cigarette shop comes adjoining one’s house, how much inconvenience that person will be put to has not been considered by the corporation.Other business like tea,coffee shops,bakeries,grocery shop,boutiques beauty parallels banks,coaching centre’s,cloth and ready made garment shops,automobile show rooms are creating hell for the residents of the colony.Even the unauthorised markets have been regularised by smart city project authorities.
Any violation or unauthorised construction if reported by a citizen on phone or on mail is not considered by the Corporation.They have devised a specific format for entertaining such complaints where the complainant has to give his identity which is then leaked out to violator who becomes an enemy.Complaints on simple letters even through email are blocked by the corporation.What a mockery?
How the building plans are being approved by the corporation in absence of zonal plans and zoning regulations is a question to be answered by Housing and Urban Development Deptt.
Last more Gandhinagar has become commercial to the extent of 90% putting the remaining 10% residents to lot of inconvenience.Similarly in block A ,almost 50% house owners have constructed shops outside their houses,making the roads congested.
Now Block B is being attacked gradually.Block C and D are also being commercialised slowly .Houses along green belt have also been commercialised (Thanks to Municipal corporation which is in deep sleep).
Corporation has put plates on fore-walls of each house which indicates house number,street,ward etc.and as such the corporation should prepare the inventory plot wise.
An other tragedy is the introduction of mixed land use concept by which the officers in BOCA use this tool to give undue advantage to the applicant seeking building permission.The residential houses are being allowed to use part or whole of the building to commercial use.Even now huge structures are being erected in the residential colony which have no sign that the building will be used for residential purposes.The corporation is sleeping over the matter.
Suggestion: Hon’ble High court should appoint commissioner to make a visit of entire Gandhinagar and report the ground reality to Hon’ble High Court.
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