*No option for H&UDD but to implement order
Mohinder Verma
JAMMU, Jan 13: The directions of State High Court regarding sealing and demolition of illegal structures in the capital cities of Jammu and Srinagar and in the holy town of Katra have become operational as the Jammu and Kashmir Civic Laws (Special Provisions) Act has lost its applicability beyond December 31, 2015. Now, the Housing and Urban Development Department has been left with no other option but to implement the orders of the High Court failing which contempt petition can be filed against those at the helm of affairs in this department.
The Division Bench of State High Court vide its order dated December 31, 2013 had issued directions for sealing and demolition of structures that had come up in violation of Master Plans and Building Bye-Laws in the holy town of Katra. Similar directions were also issued in respect of such constructions in twin capital cities of Jammu and Srinagar.
However, the judgment was not taken in right perspective by the then National Conference-Congress Coalition Government in view of the political implications of the High Court orders. In the meanwhile, a House Committee constituted to look into the issue of conversion of residential areas for commercial purposes, in its meeting held on January 17, 2014, suggested the Government to come out with a legal framework to keep in abeyance sealing and demolition of the illegal structures that had taken place till December 2013 until a comprehensive Master Plan is put in place to suggest remedies for past violations and measures for the future.
Acting on the recommendation of the House Committee, the then Government in the Budget Session of 2014 brought a legislation titled Jammu and Kashmir Civic Laws (Special Provisions) Act, which was subsequently passed by the Legislature. Through this Act, moratorium was imposed on the action against illegal constructions for one year-till March 31, 2015.
The PDP-BJP coalition on April 6, 2015 introduced a bill in the Legislature seeking to amend the J&K Civic Laws (Special Provisions) Act, 2014 in order to extend the moratorium on action against unauthorized constructions till December 31, 2015 on the plea that period of nine months would be required to complete the ongoing tasks relating to the revision of the Master Plan, which was linked with the problem of illegal constructions.
“This Act, which provided protection from the High Court orders, is no more applicable in the State as its life was only up to December 31, 2015”, legal experts said, adding “now the directives of the High Court for sealing and demolition of illegal structures in Jammu, Srinagar and Katra have become operational”.
Stating that Housing and Urban Development Department has been left with no other option but to implement the directions of the High Court, the experts said, “at present there is no legal protection to the violators of the Master Plan and Building Bye-Laws and in the event of any further failure of the Housing and Urban Development Department to ensure compliance of the directives of the High Court, doors are open for anyone to file contempt petition against the department”.
According to the official sources, the PDP-BJP Coalition, which was ruling the State before imposition of Governor’s Rule, tried its level best to extend freeze on action against illegal constructions by getting an Ordinance prepared and vetted through Law Department before sending the same to the Governor for approval. But the strategy could not materialize because the General Administration Department advised the Housing and Urban Development Department to opt for Legislature route.
“The opinion of the General Administration Department was that since the Budget Session was proposed to be held in the month of January, a proper bill should be introduced in the Legislature explaining the reasons behind seeking further extension in applicability of the J&K Civic Laws (Special Provisions) Act”, sources said. However, with the imposition of Governor Rule and time being consumed in the formulation of new Government, the Housing and Urban Development Department has also lost the option of Legislature route.
In response to a question, the legal experts said, “non-adherence to the directives of the High Court especially in the absence of legal protection would amount to utter disrespect to the judiciary by the Housing and Urban Development Department”.
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