No noticeable action on numerous directions of HC
*Enforcement Wings yet to be made accountable
Mohinder Verma
JAMMU, Oct 4: Even after numerous directions from the High Court during the past some years, the Government has failed to evolve foolproof mechanism for timely checking violations of building bye-laws and making the Enforcement Wings of the Municipal Corporations, Councils and Committees accountable.
Moreover, the elected representatives of these Urban Local Bodies have yet not started giving preference to the strict enforcement of Master Plan and building bye-laws as a result of which violations are taking place mostly with the connivance of the Enforcement Wings.
In a Public Interest Litigation (PIL) titled “A Citizen Versus Jammu and Kashmir and Others”, which highlights violations of Master Plan and building bye-laws, a Division Bench of the High Court comprising Chief Justice Gita Mittal and Justice Tashi Rabstan on December 3, 2018 had observed, “Municipal laws are framed to ensure planned development within the Municipal limits. The very object of requiring the sanctioned plan cannot be permitted to be obliterated by a person who effects the deliberate and rampant illegal constructions for personal and private gains”.
“In no circumstances, any person or the authority can be permitted to violate the Master Plan. Moreover, no deliberate violation of the Master Plan or the building bye-laws can be permitted to be compounded”, the DB had made it clear, adding “it is only the genuine mistakes while effecting constructions which are permitted to be compounded and no compounding orders can be passed in routine”.
Accordingly, the DB had issued directions to the Government for evolving a foolproof mechanism to check violations of Master Plan and building bye-laws at the beginning itself and ensure that only minor violations are compounded.
Even Supreme Court in case titled “Friends Colony Development” had held: “Though the Municipal laws permit deviations from sanctioned constructions being regularized by compounding but that is by way of exception. Only such deviations deserve to be condoned as are bona-fide or are attributable to some misunderstanding and deliberate deviations don’t deserve to be condoned and compounded, which ought to be kept at a bare minimum”.
Similar observations were also made by Single Bench of J&K High Court while dealing with several cases whereby compounding of violations by the Tribunal were challenged.
However, the Government has failed to evolve a foolproof mechanism to check violations of Master Plan and building bye-laws at the beginning itself, official sources told EXCELSIOR, adding “the Enforcement Wings of the Municipal Corporations, Councils and Committees generally reach the doors of the people who carry out minor violations of building bye-laws but in case of major violations as have been pointed out by High Court few days back they maintain blind eye”.
“In case of major violations, the Enforcement Wings don’t prefer to visit the spot till the violators complete several floors and thereafter such major violations get compounded through Tribunal in blatant violation of J&K’s highest court directives wherein thrust has been laid on bare minimum compounding of violations”, sources further said.
They said, “in none of the Municipal Corporation, Municipal Council and Municipal Committee the Enforcement Wing is held accountable for violation of Master Plan and building bye-laws”, adding “there is absolutely non-seriousness at the level of officers at the helm of affairs in these Urban Local Bodies as well as elected representatives on ensuring bare minimum violations of Master Plan and building bye-laws”.
“As far as Jammu Municipal Corporation is concerned, numerous Standing Committees of elected Corporators have been framed for holding deliberations on various subjects but till date these committees have not touched the aspect of strictly enforcing provisions of Master Plan and building bye-laws”, sources said, adding “they maintain non-serious approach towards this vital aspect despite being aware of the fact that violations are taking place at large scale”.
Had Enforcement Wing of Jammu Municipal Corporation been made accountable, the violations in the form of major buildings which have been ordered to be sealed by the High Court few days back, would have been stopped at the beginning, they pointed out.
When contacted, Commissioner of Jammu Municipal Corporation Avny Lavasa admitted that Enforcement Wing was supposed to detect the violations at the beginning so that there remains no scope for compounding of offences. “I am trying my level best to ensure regular reporting by the Enforcement Wing and hopefully situation will improve in near future”, she added.
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