JAMMU: In a glaring defiance of Supreme Court directives and statutory building norms, the Jammu Municipal Corporation (JMC) appears to have institutionalized indifference toward serious violations of building setbacks-one of the cornerstones of planned urban development.
Despite clear judicial pronouncements declaring such violations as non-compoundable and legally impermissible, JMC’s enforcement mechanisms have turned a blind eye, particularly in high-profile cases such as 44 D/C Gandhi Nagar and Sector 1-A, Channi Himmat. The brazen disregard not only undermines the sanctity of law but also stokes public suspicion of collusion, favoritism, and corruption, thus putting a credibility mark on the JMC)
In the brazen case of setback violation at 44-D/C Gandhi Nagar, the JMC has shut its eyes over the decision passed by Special Tribunal on June 11, 2025. The violation committed by the accused Anita Sharma, wife of Shiv Sharma during illegal construction of house number 44 D/C Gandhi Nagar Jammu speaks volumes about accountability by not preferring appeal. In another similarly placed case, the JMC has ignored blatant violation of Unified Building Bye-laws 2021 and JMC Act 2000, by the owners of plot numbers 116 and 117, sector 1-A ward number 51, Channi Himmat Housing Colony Jammu, by diverting approved site plans of the JMC. The violators have not maintained any setbacks on their ongoing duplex constructions in their residential plots. Not only this, they have further violated the guidelines by extending their galleries over RCC slab on front side of a public road on ground floor and have raised construction on 100 percent area of their respective allotted plots.
The construction goes on without any check by the enforcement staff of the JMC positioned in ward number 51 from initial stage to till date.
In case of 44 DC Gandhi Nagar, the Tribunal has allowed full violation of setbacks and illegally constructed rooms. As per the orders of Supreme Court violation of setback cannot be compounded, and, so in every case of violations where the Tribunal imposes fines for violation, the concerned civic bodies approach High Court, but surprisingly the Tribunal has not only compounded the violation of setbacks and illegally constructed rooms but termed these as minor violations. The Tribunal has passed the decision without imposing any fine on the accused Anita Sharma.
“Whenever cases of setback violations come to Municipality from Tribunal, it files appeal in High Court within days. But for the past over two months the Jammu Municipal Corporation and the concerned officials have not dared to file appeal because huge money has been transferred from one end to the other.
The muted attitude of Jammu Municipal Commissioner has raised many eyebrows over the credibility of the institution, as many Jammuties are facing the wrath of the court for their minor setbacks.
The other day, the Shiv Sena activists in Jammu also appealed to the JMC Commissioner to take action under relevant laws so that such violators are punished by the High Court. But no action has taken place so far.
In another case at Channi Himmat, anr influential family has violated Unified Building Bye-laws on 2 adjoining residential plots of 116 & 117, Sector 1-A, Ward 51 in Channi Himmat. Despite complaints by locals, enforcement staff of JMC in ward 51 turned blind eye to constructions on ground and first floors, which are still going on in violation of approved site plans. On each plot area of 93.65 sq meters and 92.90 sq meters, the JMC has allowed construction on 65.34 sq meters and 62.14 sq meters but owners covered 100 per cent area and committed further violations by extending galleries on ground floor by 3 feet on front side of public road without maintaining setbacks
Both owners didn’t maintain mandatory setbacks of front 2.51 meters and rear 1.52 meters each, which are not compoundable according to Appendix D of Unified Building Bye-laws 2021 and JMC Act 2000.
Locals alleged that the enforcement staff has deliberately turned a Nelson’s eye to the ongoing violations. They also said that leaving no setbacks and extending galleries over public road has led to congestion in the lane.
While enforcement staff of the JMC is quick to take action against poor people for small violations of building bye-laws, it usually turns blind eye to rich and influential, who violate laws with impunity.
“Unified Building Bye-laws 2021 and JMC Act 2000 were formed with a vision to plan holistic development for Jammu city for the coming generations. However, influential people use their influence and least bother about the laws,” said locals of the area, who pointed out to violations in the larger interest of common people.
The local people have made a fervent appeal to the JMC Commissioner to pull up his enforcement staff and ensure action under law against the violators.
