Now, no power, water connection without building permission
Despite being not competent, BDOs granting NOCs
Mohinder Verma
JAMMU, Aug 24: Shocking it may sound but it is a fact that Jammu Master Plan is being violated at large scale right under the nose of Jammu Municipal Corporation and Jammu Development Authority, which otherwise are supposed to be watchful and act tough against the violators. Moreover, the Power Development and Jal Shakti Departments are sanctioning temporary/permanent power and water connections without seeking mandatory building permissions from the applicants.
This has been officially admitted by the Housing and Urban Development Department while issuing slew of directions for strict compliance at various levels so as to put a full-stop on the violations of Jammu Master Plan.
The Jammu Master Plan-2032 was notified vide SRO No.90 of 2017 dated March 3, 2017, which spreads over an area of 652.33 square kilometres and having a total of 421 villages within its jurisdictional area. Ensuring strict compliance to the provisions of the Master Plan is the responsibility of the Jammu Municipal Corporation and Jammu Development Authority.
However, it has come to the notice of the Housing and Urban Development Department, which has administrative control over Jammu Municipal Corporation and Jammu Development Authority, that Master Plan is being violated right under the nose of those who are at the helm of affairs in these two bodies.
“It has generally been observed that many constructions are being undertaken within the jurisdictional limits of Master Plan by various encroachers/violators without seeking requisite building permission from the competent authority-JDA and JMC”, Dheeraj Gupta, Principal Secretary to the Government, Housing and Urban Development Department has admitted in a circular issued today.
It has also come to the notice of the Government that the violators have even sought No-Objection Certificates (NOCs) from the Block Development Officers (BDOs) within the area falling in the limits of Jammu Master Plan 2032. Some of the violators have also raised loans from the banks and other financial institutions recognized by the Government for raising constructions on the basis of NOCs granted by the Block Development Officers. Moreover, large scale violations of land use of Master Plan have also been reported.
This is notwithstanding the fact that the Block Development Officers are not competent to issue NOC for raising any construction of building within the jurisdictional limits of Master Plan 2032 and the building permission under Master Plan is required to be granted as per J&K Control of Building Operation Act, 1988 as per extant Building Byelaws by the competent authorities (JDA/JMC) within their jurisdictional areas.
Further, while undertaking illegal constructions, the violators manage connections of electricity from Power Development Department and water from Jal Shakti Department although linking building permission with grant of electricity and water connections either temporary or permanent is imperative.
“In several cases, electricity and water connections have been regularized by the Power Development Department and Jal Shakti Department without having legal building permissions from competent authority as a result of which the illegal constructions are completed before completion of mandatory statutory provisions provided under law”, the Housing and Urban Development Department has further mentioned in the circular.
All these illegalities are taking place notwithstanding the fact that Government has enacted J&K Metropolitan Region Development Authorities Act, 2018 wherein several instructions have been issued for strict compliance by all authorities, entities and persons.
“No development activity involving a quantum of land more than 10 kanals or which shall have a significant impact on the urban environment, traffic and mobility in their surroundings shall be undertaken by any authority or person within these regions without the prior written permission of the respective Metropolitan Region Development Authority”, read the instructions issued vide Government Order No.44-JK(HUD) dated March 4, 2020.
As per this order, no permission for construction or any other developmental activity, or for commencement of work on any project , shall be granted by any authority including any municipal or local authority or project implementing agency without the prior written permission of the respective MRDA.
Now, for effective enforcement of Jammu Master Plan-2032 and J&K Metropolitan Region Development Authorities Act, 2018, the Housing and Urban Development Department has impressed upon all the Administrative Secretaries to direct the concerned field functionaries not to grant any kind of NOC till asked by the competent authority.
They have also been asked to make it mandatory to have a copy of sanctioned building permission granted under J&K Control of Building Operation Act and J&K Metropolitan Region Development Authorities Act, 2018 as a pre-requisite before sanctioning any temporary/permanent electricity/water connection in favour of any individual in the entire Union Territory of Jammu and Kashmir including Municipalities and notified area under J&K Metropolitan Region Development Authorities Act, 2018.
Follow our WhatsApp channel
