Jammu Municipal Corporation’s May 20 Notice Leaves Investors in Limbo: Strict Enforcement of Layout Approvals Halts Development on Multiple Plots
Jammu, 26-07-2024: Investors in land and property inside the boundaries of the Jammu Municipal Corporation (JMC) have been disappointed and upset by a recent notice that demands layout clearance for ventures larger than four plots. The notice effectively stops construction on these lands without the express authority of the Jammu Municipal Commissioner, and it was issued on May 20, 2024. Because the purchased properties are now deemed unauthorized by the Corporation, this stringent enforcement has also made them unsellable.
The JMC notice refers to the J&K Municipal Corporation Act 2000 and Uniform Building By Laws 2021, specifying that any settlement with more than four plots is classified as a colony. Such colonies must have an approved layout that includes provisions for road width, open spaces, parks, and proper drainage systems.
The notice also highlights the J&K Real Estate (Regulation and Development Act) 2016, which mandates that projects exceeding 500 square meters or with more than eight apartments must be registered with the Real Estate Regulatory Authority (RERA) to safeguard consumer interests.
Investors are advised to verify the approval status of any property before making investments, ensuring that it has both a JMC-approved layout and RERA registration. Developers are instructed to prominently display these approvals and registration numbers at project sites and in advertisements. The notice warns that unauthorized colonies or projects in violation of these regulations will face legal action, including potential demolition.
However, investors who purchased properties before this notification argue that building permissions should still be granted. They contend that the responsibility for layout approval lies with property sellers owning more than four plots, not individual buyers. Many sellers, they say, are either unreachable or unwilling to pay the required fees to register their developments as colonies, placing buyers in a difficult predicament.
One investor, speaking anonymously, criticized the new rules for unfairly burdening buyers. “With sellers unwilling to register properties as colonies, buyers cannot construct on their properties or sell them since they are deemed unauthorized by the JMC,” he said, urging the JMC to reconsider its notice. He demanded retrospective benefits for those who purchased properties before the new notification, pointing out that layout approvals were being granted by the JMC even under existing rules, which prompted their investments.
An architect reported a significant drop in business following the notification, as very few are applying to regularize properties as colonies. “This notice has caused panic among small land and property buyers,” the architect said. “It’s unjust to expect individual buyers to register entire plots as colonies, especially when sellers are uncooperative. The JMC should reconsider its approach to avoid penalizing innocent buyers.”
JMC Commissioner Rahul Yadav, however, maintained a firm stance, stating that no relief would be provided to any investor who purchased properties or raised constructions in violation of municipal laws. “The Municipal Corporation Act and Uniform Building By Laws already existed. I have only re-notified and enforced them strictly. There is no question of providing any relief to any category of investors who have purchased or raised properties in contravention to the law,” Yadav asserted.
When questioned about how the Corporation was granting building permissions prior to the fresh notification despite the existing laws, Yadav responded, “I am not accountable for what happened earlier. I am only answerable for what I have done, and I have strictly enforced the existing laws.”
