Lack of coordination between key deptts comes to fore
Mohinder Verma
JAMMU, Oct 23: In a testimony of lack of coordination on a serious issue confronting the twin capital cities of the State, the General Administration Department has failed to frame Empowered Committees as recommended by the Housing and Urban Development Department despite the fact that without this step the policy on unauthorized constructions cannot be rolled out.
After inordinate delay, the Housing and Urban Development Department with the approval of the State Cabinet notified policy on unauthorized constructions in Jammu, Srinagar and Katra vide SRO-391 dated September 20, 2017 in exercise of the powers conferred by Section 3 of the Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014.
As per the provisions of the policy, five Empowered Committees—one each for Srinagar Municipal Corporation, Srinagar Development Authority, Jammu Municipal Corporation, Jammu Development Authority and Katra Development Authority are required to be framed for the implementation of the policy.
“Each Empowered Committee comprising of officers to be designated by the Government shall be responsible for the scrutiny of the applications and recommend regularization of unauthorized constructions under the policy to the competent authority”, read the Policy Framework.
On the date the policy was notified, the Housing and Urban Development Department forwarded the proposal regarding framing of Empowered Committees to the General Administration Department mentioning the urgency of initiating this step, official sources told EXCELSIOR. However, despite lapse of more than one month the General Administration Department has not framed the Empowered Committees thereby creating hurdles in the implementation of the scheme.
When asked, sources said that since these are inter-departmental committees only GAD is empowered to issue orders regarding their constitution, adding “due to this lack of coordination between two key departments has come to the fore even prior to the implementation of the policy”.
Stating that without the framing of Empowered Committees the policy cannot be implemented, sources informed that as per the Policy Framework, Empowered Committees are supposed to invite applications and after scrutinizing all the documents within 45 days on the receipt of the same will come up with the proposed amendments in the plan if any and will seek comments/consent of the applicant within 20 days.
“After receiving the consent, the Empowered Committees will approve the building plan and thereafter recommend to the competent authority for regularization of construction or building use change or otherwise”, sources further informed.
In case an application is not submitted by the concerned promoter, developer, plot holder and building owner as the case may be within the stipulated time for regularization of unauthorized construction, such construction or building shall remain as unauthorized and offence shall be treated as continuing against the promoter, developer, plot holder and building owner as the case may be and appropriate action under the law will be initiated.
All these provisions clearly establish that Empowered Committees have a vital role to play in giving practical shape to the policy. “It is not understandable as to why more than one month time has been taken by the General Administration Department for merely issuance of orders regarding framing of Empowered Committees”, sources regretted.
They said that Housing and Urban Development Department will also have to come up with some clarifications as in the SRO-391 it has been mentioned that the policy will be applicable for a period of one year—from April 1, 2017 to March 31, 2018 for the local areas of Srinagar, Jammu and Katra excluding the area coming under J&K Lakes and Waterways Development Authority but the policy was notified on September 20, 2017 and only five months have been left for its implemtation.
It is pertinent to mention here that as per the SRO-391 the survey teams have reported 4131 violations of various types in Jammu, 5500 in Srinagar and 58 in Katra. The reported violations are of different types like conversion of residential structures into non-residential predominantly commercial violating the Master Plan land use and approved layout.
In some cases permissions have been obtained for construction and reconstruction of residential use and in the process structures have been raised much in violation of sanctioned permission and use other than permitted by the competent authorities. Similarly, in certain cases permission has been deviated and violated by constructing additional built up area in violation of ground coverage or floor area ratio etc.
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