*Not getting drawings of buildings approved from BOCA
Mohinder Verma
JAMMU, Mar 7: There is an old saying that “all are equal before the law”. But this doesn’t carry any meaning for several agencies of Jammu and Kashmir Government and they are explicitly giving a message that they are above the law. This can be gauged from the non-adherence to the provisions of Municipal Laws by them while getting huge buildings constructed particularly in the twin capital cities of Jammu and Srinagar.
Official sources told EXCELSIOR that in order to ensure regulated development, the State had enacted laws governing construction activities particularly in the capital cities. One such law is J&K Control of Building Operation Act, 1988. Under Section 4 of this Act, it is mandatory for each and everybody to seek permission from Jammu Municipal Corporation or Srinagar Municipal Corpor-ation for construction of buildings within the territorial limits of these Corporations.
In order to facilitate implementation of this Act, the Municipal Corporations have established Building Operations Controlling Authority (BOCA) by exercising the powers conferred under Section 19 of J&K Control of Building Operation Act of 1988. As per the laid down guidelines/regulations, every person intending to undertake or carry out the development of any site in the areas of Jammu and Srinagar Municipal Corporations shall have to seek formal permission from the BOCA.
The Building Operations Controlling Authority in respective Municipal Corporations examines building/site plans and No Objection Certificates from different key departments before issuing formal permission for constructions that too after obtaining requisite fee from the applicants.
Though in case of private constructions both the Muni-cipal Corporations have largely succeeded in enforcing the Municipal Laws on this subject yet on the Governmental side they have failed mainly because the Government agencies are considering themselves as above the law, sources informed, adding majority of the Government agencies are not coming forward for getting their building plans approved from the Municipal Corporations and submitting the requisite fee, which in case of multi-storey structures runs in several lakhs of rupees.
“In this way, they are acting as stumbling block in the way of raising financial resources of the Municipal Corporations”, sources further said, adding “what to talk of those agencies, which have been entrusted with the task of constructing infrastructure for Government institutions, even the Development Authorities that are also enjoying the powers of approving plans of structures coming up in their respective jurisdictions, are blatantly flouting the Municipal Laws”.
One such testimony is the multi-storied flats being constructed by the Jammu Development Authority in Muthi area in the outskirts of Jammu city. Enraged over this, the Jammu Municipal Corporation, on the directions of Municipal Commissioner, Mandeep Kaur, has recently issued notice to the JDA authorities.
“The JDA despite being aware of the fact that this structure is coming up within the limits of JMC has neither submitted drawings nor deposited the requisite fee”, an official of the Municipal Corporation said, adding “no doubt the Government buildings generally adhere to the Building Bye-Laws but that doesn’t mean that they are exempted from seeking formal permission from the Municipal Corporation”.
Another testimony is Government Maternity Hospital, which is coming up at Gandhi Nagar adjoining the existing hospital. “The agency constructing this hospital has not obtained necessary permission from the JMC despite the fact that the same was even pointed out by the Chief Minister’s Monitoring Cell several years back”, sources further said, adding “no requisite fee has been deposited with the Jammu Municipal Corporation for this project”.
Legislature Complex coming up adjoining the Civil Secretariat is also being constructed without the formal permission from the Municipal Corporation and deposition of requisite fee. Recently, the agency constructing this project was also issued notice under Section 4 of the Jammu and Kashmir Control of Building Operation Act.
According to the sources in the Municipal Corporation, even the Dental Hospital coming up at Ambphalla is lacking the formal permission of the Building Operations Controlling Author-ity. “There are numerous such examples not only within the limits of Jammu Municipal Corporation but of Srinagar Municipal Corporation and unless there are stringent orders from the Government itself the Government agencies involved in construction operations would continue to ignore the BOCA”, sources said.
When contacted, a senior officer of JMC said, “we have decided to go ahead with the process of issuing notices to such agencies”. He, however, admitted that strict orders from the top brass are imperative to set the things right.
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