Baldev Singh Chib
The Right to Shelter in India is recognized as a fundamental right under the broader ambit of the Right to Life guaranteed by Article 21 of the Indian Constitution. This right ensures that every citizen has access to adequate housing which is considered essential for living a life with dignity. Shelter does not mean just a roof over one’s head but includes adequate privacy, space, security, lighting, ventilation, basic infrastructure and social amenities.
While the state is duty bound to work towards providing affordable housing, yet this does not mean that it must construct and provide houses to the entire population of the country. Housing is essentially a private activity. But the state intervention is necessary to acquire land, develop it and provide housing sites to the public at affordable prices, after charging all services like roads, drains, drinking water supply, power supply, parks and other amenities. This prevents sprouting up of illegal and unauthorized colonies and emergence of land mafia. This makes the city planned, beautiful, attractive and livable.
The Jammu and Kashmir Government has shown reprehensible disregard to the housing needs of the people of Jammu. It has not developed any major housing colony for the past 30-35 years. The population during this period has increased abnormally due to mass migration of Kashmiri Hindus from Kashmir, natural increase in population and rural-urban migration for jobs, education and better life style. The rise in population intensified the demand for housing sites in Jammu. In absence of any new housing colony, the helpless people started purchasing land in the peri- areas of existing housing colonies. In a system of shortages, the giver is always at an advantage. In such a situation, two things happen: VIPism flourishes and mafia takes the charge of services. Both these things took place in quid pro quo. In un-authorized colonies, the houses are huddled lacking privacy, ventilation, waste management, garbage disposal, sewage system, parks, green spaces and several amenities. The city becomes shabby and not worth living.
A large number of illegal and un-authorized colonies sprouted up haphazardly by encroaching Government land, state land, forest land, catchment areas of water bodies, rivers, canal banks, graveyards, temple lands, Khads, nallahs etc. The plots in these illegal colonies with jumbled Khasra numbers were sold to the needy out of their helplessness. The poor who could not afford space even in illegal colonies, choose places which were mostly filthy and marshy. They did so because they had no other choice. They started living in such places compelled by inevitable circumstances caused due to the Government’s callous attitude, criminal negligence and lack of sensitivity for citizens’ needs and troubles.
The existing residential housing colonies developed by the Government, particularly Channi Himmat, Trikuta Nagar, Roop Nagar, Sainik Colony etc. have become a big source of generating black economy. Though, these colonies were developed about 40-45 years back, yet a large number of plots are vacant there. All these vacant plots are with the investors who have invested their ill gotten money and are now selling at sky rocketed prices. A plot of one kanal in Channi Himmat, Sainik Colony, Roop Nagar and Trikuta Nagar is currently priced at 4 to 5 crores against the purchase amount of less than one lakh. Thus earning five hundred times more black profit. In transaction, a part is in white and the rest in black. Very often, the ratio is 20:80. So, typically, the price of plots registered is much less than the actual transaction price. Therefore, the Government loses tax on capital gain, stamp duty, court fee, property tax and transfer charges. The Government loses thousands of crores and, therefore, the Government is always short of resources. Due to lack of adequate resources, the quality of civic amenities is poor and urban infrastructure in cities is crumbling.
To check the under-valuation of property the government had introduced a scheme for acquisition of undervalued property. The Government could offer a 15 percent higher price than the one declared in a transaction and acquire the property; which could later be auctioned at close to its true market price. This was supposed to act as a deterrent to undervaluation since the seller would lose the value of his property. Unfortunately, in India, every law/rule is violated by the lawless elite and laws remain un-enforced. Enforcement in India is very very week. The triad of corrupt businessmen, corrupt politicians and corrupt -executive has systematically circumvented the law. There is hardly much point in keeping the black money under the mattress or in a locker, when it could be safely invested in land which earn huge return. The other two constituents of the triad i.e politicians and the executive, need businessmen to invest their funds and launder them. Therefore, most of the politicians have at least one businessman close to them who provides such services.
To cater to the housing needs of the fast expanding Jammu city and regulate urban growth and development, the Jammu and Kashmir Government had created Jammu Development
Authority in the year 1970. JDA was transferred all the nazool land falling within the radius of 13kms of Jammu city which worked to about 4 lakh kanals as its land bank to meet the future housing needs of Jammu city. Since its creation in the year 1970, JDA could develop and provide just 8846 housing sites i.e. on an average 164 plots per year. The staff strength of the JDA is 300 and its annual administrative cost might be around 40 crores.
Similarly, the J&K Housing Board was created in the year 1976 also to cater to the housing needs of the state by acquisition of land from different sources. The J&K Housing Board has neither developed any housing colony nor acquired any land during the past 30 to 35 years. Instead of attending to its mandated primary duty of developing housing colonies, it started taking contracts for executing works of other departments, by charging thereon a profit of 15%. It is a pitiful state of affairs. The political leaders of Jammu never drew the attention of the government towards the housing crisis which the people of Jammu are facing. The media also did not play its role honestly and effectively.
Currently the gross residential density of Jammu city is 265 persons per hectare against the standard density of 100-125 PPH for a city like Jammu. However, in order to decongest Jammu, the Housing and Urban Development Department of J&K UT has prepared the Revised Master Plan Jammu- 2032. The RMP-2032 proposes to decongest Jammu city by developing four Satellite Townships in the following areas:
* Sidhra/ Majeen/ Rangoura;
* Lower Thather/ Raipur Domana;
* Raya Patti/ Ranjiri; and
* Birpur/ Rattnuchak/ Chowadhi.
The RMP-2032 also envisages to make efficient use of precious government land in Gandhi Nagar under single storeyed government quarters to be redeveloped with increased density by way of increasing the FAR adding more floors. The Plan also provides for improvement of all the un-authorized and illegal colonies to make them livable. The RMP also provides for construction of 36,000 shops which means employment to 1,08,000 (36000 x 3) persons. The new colonies and Satellite Township will provide jobs to lakhs like construction workers, Plumbers, Electricians, Carpenters, Architect, Engineers, etc.
The Revised Master Plan-2032 is laudable. But, it is not enough to just define a program. The earlier similar plans have remained un-implemented. The top most reasons have been sluggish, incompetent and corrupt machinery responsible for their implementation. The other reason is that the common man is not aware of his rights. He accepts his place in his life as it is. He bends before all and lacks courage to stand against the injustice being done to him. He suffers silently. The people at the helm ignore him.
The JDA and the J&K Housing Board have become defunct and redundant. If the Government is able to implement even 20% of the proposal contained in the RMP Jammu-2032, it would prove to be a game changer in easing the housing crisis which the Jammu is going through.
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