Fails to get even interim orders of HC modified
Mohinder Verma
JAMMU, July 6: The Housing and Urban Development Department seems to have no intention to check the menace of unauthorized/illegal constructions in the twin capital cities and holy town of Katra as no decision has yet been taken to revive Jammu and Kashmir Civic Laws (Special Provisions) Act, which lost applicability even before its implementation in the month of March this year.
Moreover, no serious efforts are being made to get the interim orders of the State High Court vacated or modified, which otherwise is imperative to go whole hog against the encroachments.
On the directions of the Division Bench of the State High Court in a Public Interest Litigation titled Mujeeb Andrabi Versus State of J&K, the Government in the year 2014 enacted J&K Civic Laws (Special Provisions) Act to deal with violations of Master Plan and Building Byelaws in the capital cities of Jammu and Srinagar and holy town of Katra.
Thereafter, as per the provisions of the Act process was set into motion to scrutinize all Master Plan /Building Byelaws violations and frame a policy to deal with the menace of unauthorized constructions in both the capital cities as well as in Katra.
After inordinate delay, the much-needed policy was approved by the State Cabinet vide Decision No.53/4/2017 dated April 28, 2017. However, notification of policy was delayed for several months due to known reasons.
It was only on September 20, 2017 that the policy was notified by the Housing and Urban Development Department vide SRO-391 in exercise of the powers conferred by Section 3 of the J&K Civic Laws (Special Provisions) Act, 2014 to bring illegal and unauthorized constructions and land use or building use conversions into planning framework.
It was stated in the SRO-391 that policy will be applicable for a period of one year-from April 1, 2017 to March 31, 2018 for the local areas of Srinagar, Jammu and Katra. This was inbuilt flaw in the notification as policy was given effect from April 1, 2017 despite the fact that SRO-391 explaining its provisions was issued only on September 20, 2017.
Before the implementation could begin, the policy was challenged by a citizen of Jammu in the High Court on the ground that Section 3 of the J&K Civic Laws (Special Provisions) Act, 2014 doesn’t authorize the respondents to compound the offences with regard to Master Plan violations. However, the respondents have issued SRO-391 dated September 20, 2017 which even empowers the Empowered Committees to compound the violations with regard to Master Plan as such the notification was in contravention of Section 3 of the Act.
The High Court vide order dated December 22, 2017 issued directions against passing any final order with regard to compounding of offences of violations of Master Plan and sought Government response to the petition.
“Since then neither any serious effort has been made by the Housing and Urban Development Department to get the interim order of the High Court modified or vacated nor any decision has been taken to revive the policy by enhancing its applicability beyond March 31, 2018”, official sources told EXCELSIOR.
They further said, “this has clearly established that there is no intention at any level in the Housing and Urban Development Department to deal strictly with the unauthorized constructions in the capital cities and holy town of Katra”, adding in response to the High Court directions objections to the petition were filed by the Housing and Urban Development Department but the case could not be taken up for hearing whenever it was listed.
“The Housing and Urban Development Department has become complacent by filing objections and no prayer has been made before the High Court for early listing and hearing in the petition so that decks are cleared for going ahead with the policy”, sources regretted.
It is pertinent to mention here that during scrutiny of Master Plan /Building Byelaws violations 4131 illegal constructions were identified in Jammu, 5500 in Srinagar and 58 in holy town of Katra.
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