JAIPUR: The Jaipur Development Authority (JDA) has mandated the rectification of setback violations before granting approvals for residential-to-commercial conversions, resulting in a significant decline in approvals.
According to officials, more than 80% of conversion applications have been pending for the past six or seven months due to setback violations that require regularization. Over 90% of these applications were ultimately rejected as applicants showed little interest in addressing the violations.
“Currently, around 15 applications are on hold due to setback violations. Under the new regulation, approvals will not be granted until these violations are rectified,” said a JDA official.
Previously, the authority issued conditional approvals, allowing applicants to submit affidavits pledging to correct setbacks before commencing commercial operations. However, this practice has been halted due to reported misuse.
“The conditional approval process has been discontinued as it has been noted that several applicants were exploiting this system,” the official stated.
Applicants contend that rectifying these violations at this stage is premature, noting that conversion approval is merely one of several prerequisites for initiating commercial activities.
“Even after this process, individuals must obtain multiple other clearances before commencing business on the plot. What assurance is there that all those approvals will be issued?” queried applicant Pankaj Soni.
Anmol Devanda, a lawyer at the JDA Tribunal, emphasized that many structures were built in compliance with the setback regulations that were in place at the time of construction. “Building bylaws apply strictly to future approvals. New regulations should not retroactively penalize older structures,” Devanda added.
Some officials also argued that land-use change applications should be processed at the zonal level when the proposed use aligns with the master plan, rather than being redirected through the central office. They noted that Section 90-A and current rules do not mandate such clearance.
“A plot with an existing building should easily receive CLU clearance since a change in land use is distinct from approval of a building plan,” another official asserted.
