*HC directions being taken casually during past 3 yrs
Mohinder Verma
JAMMU, Mar 15: Sending a message that it doesn’t want to deal strictly with the menace of unauthorized constructions in twin capital cities and holy town of Katra, the PDP-BJP Coalition Government has failed to come up with the much-needed policy on the grave issue despite the fact that thrice extended special legislation, which prevents action on the directions of High Court, will cease to exist on March 31, 2017.
The Division Bench of State High Court vide its order dated December 31, 2013 had issued directions for sealing and demolition of structures that had come up in violation of Master Plans and Building Bye-Laws in the capital cities of Jammu and Srinagar and holy town of Katra.
However, the judgment was not taken in right perspective by the then National Conference-Congress Coalition Government in view of the political implications of the High Court orders. In the meanwhile, a House Committee constituted to look into the issue of conversion of residential areas for commercial purposes, in its meeting held on January 17, 2014, suggested the Government to come out with a legal framework to keep in abeyance sealing and demolition of the illegal structures that had taken place till December 2013 until a comprehensive policy is framed to suggest remedies for past violations and measures for the future.
Acting on the recommendation of the House Committee, the then Government in the Budget Session of 2014 brought a legislation titled Jammu and Kashmir Civic Laws (Special Provisions) Act, which was subsequently passed by the Legislature. Through this Act, moratorium was imposed on the action against illegal constructions for one year-till March 31, 2015 on the ground that within this period Housing and Urban Development Department will come up with proper policy.
However, the Housing and Urban Development Department failed to stick to its stand taken at the time of framing of legislation which prompted the Government to extend the moratorium on action against unauthorized constructions till December 31, 2015 by carrying out necessary amendments in the Act.
As dilly-dallying approach on framing policy continued the Act was again amended and it was notified following Governor’s assent on July 23, 2016 whereby the applicability of the legislation was extended beyond January 1, 2016 till March 31, 2017.
“However, despite one after another extension in the applicability of legislation which created road-block in implementing the directions of Division Bench of the State High Court, the Government has failed to come up with the policy”, official sources told EXCELSIOR.
In this way, the Housing and Urban Development Department is violating Section 3 of the J&K Civic Laws (Special Provisions) Amendment Act, 2016 which clearly states: “Nothing contained in any law, rule, regulation, bye-law or order, for the time being in force in the State, shall prevent the Government from formulating policy before March 31, 2017 to deal with or regulate unauthorized construction of buildings or structures in the local areas of Jammu, Srinagar and Katra notified under the provisions of Jammu and Kashmir Development Act, 1970”.
“By adopting dilly-dallying approach on formulating much-needed policy, the Government is adopting contemptuous attitude towards the High Court during the past over three years”, sources regretted, adding “it seems that there is no intention of even present PDP-BJP Coalition Government to check the menace of unauthorized constructions in capital cities and holy town of Katra, which otherwise are responsible for present mess”.
They further said that even if the policy is framed the Act will have to be further amended either through the Legislature or by way of ordinance route as in the original legislation the moratorium on action was in respect of unauthorized structures that had come up till March 31, 2014 and Government wants to bring the structures which have come up till December 31, 2016 under the purview of this Act.
When contacted, Commissioner/Secretary, Housing and Urban Development Department Hirdesh Kumar Singh confirmed that policy was yet to be finalized, adding “we have prepared the draft and the same will be placed before the Cabinet shortly”.
He, however, admitted that even if the policy is approved by the Cabinet the Act will have to be amended to bring structures that have come up till December 31, 2016 under its purview with the sole objective of avoiding confusion on certain vital aspects.
“Had there been seriousness in getting rid of menace of unauthorized constructions in the capital cities the Government should have formulated policy much earlier instead of delaying the matter for over three years”, sources remarked.
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