Elders clear Bill to give cover to illegal buildings

Gopal Sharma
JAMMU, Feb 26: Amidst strong Opposition, not only by PDP and NPP, but also by some members from the ruling coalition, the much publicized and controversial Bill to give some relief to the ‘violators’ and stall the process of sealing of unauthorizedly constructed building in Katra, Srinagar and Jammu till March 2015, has been passed in the ‘House of Elders’.
This controversial Bill ( LA Bill No. 5 of 2014), to make certain temporary provisions for the local areas of Jammu, Srinagar and Katra, has already been cleared by the J&K Legislative Assembly. It was introduced in the Upper House ( Legislative Council) today by the Minister for Urban Development and Urban Local Bodies, Nawang Rigzin Jora and put to discussion among the members, before its passage. Several members even from the ruling coalition, were opposing it while a few sought amendment for reducing time period and fixing it for just three months, but after putting it to vote by the Chairman, Amrit Malhotra, the Bill was cleared.
Interestingly, several coalition members, who had opposed this Bill during discussion and termed it as interference in the High Court directives, were seen voting in favour of the Bill on the floor of the House. Amidst slogans and strong Opposition, the PDP members Naeem Akhtar, Mohd Ashraf Mir and Sayed Rafiq Shah from NPP staged walk-out. They alleged that everybody in the House can not be cowed down to watch the interests of some wealthy and influential people. They said they have not let their conscious to die and would prefer to walk out rather than becoming the part of this legislation.
The State Assembly had yesterday passed this controversial Bill, to put a moratorium on the demolition of illegal structures in Katra, Srinagar and Jammu in violation of Master plans, as directed by the State High Court. The new law enacted would ultimately provide legal cover to the illegal constructions till March 2015.
Mr Jora defended the Bill which set aside the High Court directives regarding sealing and demolition of illegal buildings. The State Government and even some private parties said to had gone to the Supreme Court for a stay but the apex court rejected the plea and upheld the J&K High Court order.
As described, under the Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014, which has yet to receive J&K Governor’s assent, the Government would formulate a high powered committee to prepare a road map and formulate policy for regularizing unauthorized structures, both residential and commercial, against a payment of a penalty. “ All the notices issued by the local authorities for initiating action against the unauthorised constructions shall be deemed to have been suspended until March 31, 2015 or until a policy is formulated by the Government, which ever is earlier,” the Bill said.
Mr Jora said the magnitude of the problem was too huge to be solved through sealing and demolition, but at the same time he admitted that many buildings, from small to big structures, have come up at these places illegally in violation of Master plans. “ A large number of families would get affected by the demolition drive. The law is not aimed at saving big and influential people. It is class-neutral act,” he maintained.
He said not only this, the new law would also recommend policy and norms for regulating construction activities and suggest measures to prevent recurrence of such violations. The panel would recommend its report within six months.
Congress member Ghulam Nabi Monga brought an amendment for putting moratorium for just three months, but Mr Jora pressed that this time was too less to formulate policy and carry on this massive exercise.
Earlier, Naeem Akhtar while strongly opposing the Bill said, “ It is unfortunate that those who rapped the State were being provided amnesty. It is an attempt to defeat the judicial intervention and provide protection to the violators of law. The Bill aimed at sabotaging the purpose of Court. We are not here to watch the interests of those who committed violations and now making their way to go scot free,” Mr Akhtar maintained.
A tiff between Rana and PDP member Naeem Akhtar & Mohd Ashraf Mir took place after Mr Akhtar abruptly said,” Our conscious has not died yet….Aur Hum Is House ko Kisi Ki (Kathputli) Nahi Bannane Denge”. The remarks generated lot of heat and noisy scenes were witnessed in the House for some time. The Chairman Amrit Malhotra tried to bring order in the House. The Chairman also expunged the words, after Mr Rana pointed out that the senior PDP member should not use unparliamentary words.
The Congress Member Ghulam Nabi Monga said why this Bill was introduced and what was its necessity? “It was aimed at giving license to the violators. It has been brought into the House on the behest of some influential people who are close to the corridors of power. We should not watch the interests of such people. The action must be against even those officials who allowed such illegal constructions,” Monga added.
Jehangir Hussain Mir from Congress and NC Members Khalid Najib Suhrawardy, Dr Bashir Ahmed Veeri and Sheikh Ghulam Rasool also opposed the Bill. Mr Sheikh also pointed out some contradictions in the Bill and asked the Minister to clarify the things. G Q Pardesi and B R Kundal also spoke against it. Suhrawardy said it is not good legislation and Government should not give amnesty to the violators. It will encourage illegal activities in the State. Mr Mir pointed out that in entire Bathindi area of Jammu, big houses of influential people / politicians have come up on Forest land in sheer violation. “We will not allow the passage of such a Bill in this House of elders”, Mir maintained.
Devender Singh Rana from NC pointed out that existing Master plans of Srinagar, Jammu and Katra had many flaws. There is no zonal master plan or satellite mapping done by the concerned agencies. Under such circumstances agencies can not send notices to the people. No space has been kept in the plan for hotels, multi-purpose complex etc. Moreover, the Act envisages corrective measures and recommends action against the violators. Some people were trying to give wrong impression about the Bill.
Naresh Gupta and Jugal Kishore from Congress also supported the Bill. As during voice vote many raised voice against and also in support of Bill, the Chairman then put the bill for voting. It was passed as just six members including three from Opposition voted against the Bill.
Meanwhile, another Bill to provide for acquisition of the rights of user in land for laying of gas pipelines and other underground public utilities in the State and for the matters connected there with ( LA Bill NO. 1 of 2014), as passed by the State Assembly was moved by the MoS Revenue Ajaz Khan and passed by the House by voice vote.

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