Encroachments of Public Roads

Col Shiv Choudhary (Retd)
Kudos to JMC for issuing a public notice No DIP/J-330-P/21 dated 17 Apr 2021 for removal of encroachments by way of “installing temporary counters, flexi-boards, displaying of articles, Iron structures, electric generators and planting trees in enclosures outside the boundary walls” within seven days. Indeed a welcome notice for all rational thinking citizens and future habitats. One hopes that many other encroachments like hugely elevated drive ways, extended roofs, parking enclosures and prayer places would surely be falling within the ambit of said notice and abenito dealt accordingly.
Encroachments are neither incidental nor par chance. These are a regular feature everywhere due to absence or connivance of the anti encroachment JMC staff designated for each area, failure of the Residential Welfare Societies and residents. Surprisingly everyone silently watches such encroachments. JMC has been carrying out anti encroachments drive in the recent past at various places. Barring aside some justified voices, there is always a malicious propaganda accusing JMC of tinkering and harassing residents under the garb of threat to trees, green belt and tinkering environment. Sad reality is that the green belt is generally destroyed by the very residents only.
It seems that few violators raise voices with an aim to pressurizing and hinder the Government authorities from carrying out legitimate anti encroachment drive. One also hopes that JMC does not act symbolically for publicity and tokenism as often seen and accused of. It instead acts impartially, irrespectively and decisively. Any justified actions should curve an unending desire for encroachments.
In many residential complexes, the supply of water and electricity remains erratic, uncertain and unpredictable even in over 50 years old colony in Jammu. People demand that JMC should first provide adequate water, electricity and drainage before any anti encroachment action. Shortfall in these services is a service deficiency, but this does not entitle few people to encroach upon common user’s roads, paths and areas not falling within the boundary wall of the plot/ house. The deficiency in services and encroachments are two widely different issues and cannot be linked. Linking both issues is like saying, “don’t catch lion till you catch a tiger”.
We all must appreciate that any housing complex is meant for better living, systematic plantation, and hassle free roads for future expansion, decongestion, growing population and traffic. There would always be requirement of separate tracks for transports, two wheelers, cycles, battery carts for aged, path for pedestrians and pets, pet cages, pet pooping corners and waiting and resting sheds along the roads. Residents must appreciate that the private vegetable gardens maintained on the encroached land/ roads are not in order. Residents must urbanize their thought process and living style.
The self proclaimed belief of having exclusive rights over all existing roads and paths within a cooperative registered housing society is also misplaced albeit borne out of ignorance. People expect JMC to metal their roads and provide facilities, but wish to deny JMC the right to remove encroachments in spite of residential complexes falling under the municipality jurisdiction. Social forestry dept too cannot not be blamed for planting certain trees at roads since it plants each tree at the place pin pointed by the residents.
The habit of encroaching bigger chunk on a bigger road must cease forthwith. Some responsible and self conscious residents have already started dismantling all sorts of structures and plinths built over encroachment areas at their own to avoid embarrassment at the hands of JMC squads. Nothing could reflect a more responsible character of such self conscious residents by their actions. Their actions should accelerate similar actions by others too. The biggest challenge for the JMC will be removal of grown up trees existing over encroached areas.
We must remember that all residential complexes are planned for future living. In this regards a reputed colony like Sainik Colony Jammu too was planned in line with the design of ‘City Beautiful’ Chandigarh with its ‘sainik character’ in mind. How much erosion and damage to the originally mapped colony has been done to this dream colony is for anyone to judge.
The hon’ble UT of J&K High Court has already passed an order for the concerned authorities to prevent / remove illegal / unauthorized encroachments including parking. It is this unavoidable for JMC to implement such clear orders for ameliorating the miseries of the common people. Local society bye laws cannot be used to hedge much needed legal actions. Roads are for general public usage and cannot be claimed by the residents once the colony is under municipality jurisdiction. Any further erosion must be checked.
A residential complex is an institution, and all residents have a moral and social duty to contribute towards solidifying such Institution. A living abode is for future generation and it is for us to decide what sort of abode we would like to pass on to the future generation. An individual effort can only awaken conscious, but collective efforts can make for a better future living. Time for a reality check.
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