Mohinder Verma
JAMMU, Sept 2: Despite being aware of the fact that magnitude of violations of respective Master Plans in Jammu, Srinagar and Katra cities is too huge, the State Government has put the draft policy on illegal constructions in cold storage thereby exhibiting intensity of non-seriousness towards this grave issue. Moreover, no progress has been made on draft Jammu Master Plan, which otherwise has been linked with the issue of resolving unauthorized constructions problem, mainly because of hurdles created by the Revenue Department.
Though unauthorized and illegal constructions were going on particularly in the capital cities and holy town of Katra right under the nose of successive Governments in Jammu and Kashmir, the issue received the focus of those at the helm of affairs only when State High Court, while dealing with a Public Interest Litigation (PIL), went to the extent of issuing directions for sealing of such constructions.
Since implementation of directions of the High Court could not be digested by the political parties, it was decided to deliberate on the issue and accordingly a high level committee was constituted. On the recommendations of the committee, the previous National Conference-Congress Coalition Government got J&K Civic Laws (Special Provisions) Act, 2014 enacted so that a comprehensive policy could be formulated to tackle the issue of these violations by the end of March 31, 2015. By way of this Act, the Government even imposed moratorium on action recommended by the High Court.
Several committees at different level were constituted to carry out detailed exercise and come up with draft policy to deal with the grave issue of unauthorized constructions. In the meantime, the validity of Act came to an end and perturbed over the High Court directions automatically becoming alive, the present PDP-BJP Government got the validity of legislation extended up to December 31, 2015.
In the Objects and Reasons of the Bill, Deputy Chief Minister, Dr Nirmal Singh, who is also holding the portfolio of Housing and Urban Development Department, stated that the issue of unauthorized constructions would be dealt with in the Master Plan and nine months time would be required to complete the policy framework vis-à-vis unauthorized construction and complete the revision of Master Plan.
After hectic exercise, the draft policy on unauthorized constructions in Jammu, Srinagar and Katra was formulated wherein it was mentioned that only those illegal constructions that have come up before March 5, 2014 will be considered for one time settlement by way of imposing hefty penalty while as no unauthorized construction having come up after March 5, 2014 will be regularized. In case of major violations having taken place before March 5, 2014 no leniency was proposed in the draft policy.
“However, instead of approving the policy, the Housing and Urban Development Department put the same in the cold storage on the pretext that issues handled in this draft policy would be covered under the Master Plan”, official sources said, adding “it is not understandable as to what was the logic of getting detailed exercise conducted if the same had to be shelved finally”.
Despite linking Master Plan with the issue of unauthorized constructions, the Government has failed to take the exercise to logical conclusion, which is evident from the fact that despite complete in all respects the Jammu Master Plan could not be put in public domain till date, which otherwise is an imperative exercise for its finalization and approval, sources further said.
They disclosed that for extension of limits under new Jammu Master Plan, a formal memorandum was prepared and submitted to the General Administration Department after obtaining No-Objection Certificates from the Jammu and Samba district administration. But, the memorandum could not be placed before the Cabinet mainly because of the query raised by the GAD, which has stressed that NOC should be obtained from the Administrative Secretary, Revenue.
Questioning the justification of raising this query, sources said, “not only the Jammu and Samba district administration even the Divisional Commissioner Jammu had given NOC of the Revenue Department for extension of the limits”, adding “even if any other issue was required to be resolved, immediate steps should have been taken in this regard instead of prolonging the matter”.
Apprehending that Government may have to go for extension of validity of J&K Civic Laws (Special Provisions) Act beyond December 31, 2015, sources said, “after Cabinet approval to the extension of limits, the Jammu Master Plan would be put in public domain for 60 days for inviting suggestions and objections from people. Thereafter, these suggestions and objections would be scrutinized for incorporation in the Master Plan”, adding “it would be only after completion of this exercise that the Master Plan would be placed before the State Cabinet for consideration and approval”.
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