Governor grills top Law officials over various provisions of Bill

Neeraj Rohmetra
JAMMU, Mar 4: Taking serious cognizance of the efforts of the State Government to circumvent the decision of the High Court banning illegal constructions in Jammu, Srinagar and Katra, Governor N N Vohra had today summoned the top officials of the Law Department and sought explanation over the exact intent behind the passage of the controversial Bill at the fag end of their tenure.
Reliable sources in Law Department told EXCELSIOR that the Governor sought details from the officials of Law Department as to what was the urgency to introduce J&K Civic Laws (Special provision) Bill, which proposed one year moratorium on sealing and demolition of illegal structures in the twin capital cities of Jammu, Srinagar and pilgrim town of Katra.
The Bill had been forwarded by the Law Department to Raj Bhavan after the Legislative Assembly passed the Bill on February 25 and Legislative Council also gave its consent to the bill the very next day, amidst protests by some legislators.
“The Governor wanted to be fully aware of long-terms implications of various provisions of the Bill before giving his assent, thereby paving way for its implementation”, sources said adding, “Mr Vohra raised several pointed queries pertaining to the proposed legislation.” The meeting was attended by Law Secretary, Mohammad Ashraf Mir and Advocate General, M I Qadri.
Elaborating over various queries raised in the meeting, sources said, “Raj Bhavan wanted to know how the piece of legislation would help streamline the process, when the Government itself had expressed shock over the magnitude of violations in Master Plans in Jammu and Kashmir region”. Statistics provided by the Government indicated that there were around 3000 violations in Master Plans that had cropped up in during the last 10/15 years under the very nose of concerned authorities.
Sources said, “Mr Vohra wanted details of the High Power Committee of experts, which is likely to go into the depth of reasons for the unauthorized constructions and suggest remedial measures. He also sought details of the experts and planners, who are likely to figure as the members of the Committee and the time-frame during which the Committee will submit its report”.
“The officials of the Law Department, while justifying the need for such an Act apprised the Governor about the terms of reference of the Committee and informed him that the Committee would go into the depth of reasons for unauthorized constructions and suggest remedial measures including devising mechanisms for the regulation of the building activity in these cities”, sources in Law Departmentsaid.
“Expressing serious apprehensions over the misuse of the Act by influential class, the Governor wanted to know as to how the authorities will make sure that the Act isn’t misused. There was also possibility of fresh illegal constructions taking place under the garb of Act, without any monitoring and accountability mechanism in place”, sources added.
“The officials also explained to Governor about the tentative schedule of the Expert Committee and as to how the report on policy framework recommended by the Committee, which will be incorporated in the revised Master Plans of the respective areas. The Committee would categorize the various types of violations, identify the underlying causes and recommend policy guidelines, control norms for regulating construction activities”, sources added.
It may be recalled that the J&K Civic laws (Special Provisions) Act, which was introduced in Legislative Assembly on February 25 by Urban Development Minister had generate lot of heat. While the Bill received strong defence from legislators of National Conference (NC) and Bhartiya Janata Party (BJP) members, it was opposed by People’s Democratic Party (PDP) and National Panthers Party (NPP) on the floor of the House.
Even in the Legislative Council on February 26, the Bill was passed only after heated exchange of arguments between members of NC and PDP.
Earlier, the State High Court while passing several strictures against the authorities, who allowed unauthorized development in violation of Master Plan, had ordered sealing of several illegal buildings in twin capital cities of Jammu, Srinagar and holy town of Katra. Some of the affected parties had even approached the Apex Court, but the later had refused to offer them any relief.

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