Despite Legislature’s nod, implementation of policy on illegal constructions getting delayed

No taker of  directives on overcoming procedural delays
Mohinder Verma
JAMMU, Aug 18: Astonishing it may sound but it is a fact that implementation of policy on illegal constructions in the capital cities of Jammu and Srinagar and holy town of Katra is getting delayed even after the approval of the State Legislature and Governor. This is mainly because of dilly-dallying approach of the Department of Law, Justice and Parliamentary Affairs in issuance of SRO for notification of the policy without which no step can be initiated on the ground by the Housing and Urban Development Department.
A bill seeking to amend Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014 was introduced in the State Legislative Assembly on July 5 this year and on July 8 both the Houses of State Legislature put a seal of approval on the proposal of the Government in order to facilitate extension of validity of the legislation and implementation of policy on unauthorized constructions in Jammu, Srinagar and Katra formulated by the Housing and Urban Development Department albeit after prolonged delay.
The Act immediately received the assent of the Governor N N Vohra and accordingly it was published in the Jammu and Kashmir Government Gazette for general information. The amendment in the Act of 2014 was carried out as its term expired on March 31, 2017 and required further extension up to September 30, 2017 to implement the policy to regulate the unauthorized constructions in the local areas of Jammu and Srinagar capital cities and holy town of Katra.
“However, the Housing and Urban Development Department is finding it difficult to start implementation of the much-needed policy during the past nearly one and half month as the Department of Law, Justice and Parliamentary Affairs is taking undue time in issuance of SRO for notification of the policy without which no step can be initiated on ground”, official sources told EXCELSIOR.
Questioning the delay on the part of the Law Department in issuance of SRO, sources said, “the dilly-dallying approach is unjustified especially when the law and policy have received the approval from all the relevant quarters like Cabinet, Legislature and Governor”, adding “the Housing and Urban Development Department, which has the mandate to implement the policy, has even furnished the draft of the SRO to the Department of Law but still the action on the part of latter is pending”.
“The delay in issuance of notification of the policy is notwithstanding the fact that validity of the J&K Civic Laws Special Provisions Act has been extended up to September 30 only which means before this date the implementation of the policy has to be started by the Housing and Urban Development Department through its wings like Jammu and Srinagar Municipal Corporations and Katra Municipal Committee”, sources further said.
When contacted, Commis-sioner Secretary Housing and Urban Development Department Hirdesh Kumar Singh confirmed that implementation of policy could not be started for want of issuance of SRO by the Department of Law, Justice and Parliamentary Affairs. “They should have done it till date especially when the draft of the SRO has also been finalized”, he added.
In reply to a question, the Housing Secretary said, “I will take up the issue with the Law Secretary within next few days so that we are able to start implementation of policy”, adding “the policy has been devised by keeping in view all aspects of unauthorized constructions in the capital cities as well as in Katra”.
“This is the testimony of procedural delays in the important matters”, sources said, adding “it seems that there is no taker of directions from the Chief Minister Mehbooba Mufti about overcoming procedural delays, which are not only creating impediments in the developmental projects but also in issues of immense importance”.
Under the policy the Government will give at least two months time from the date of issuance of notification to the owners of illegal structures to avail the benefit of the policy and the whole process will be completed within a period of one year, sources informed.