Excelsior Correspondent
SRINAGAR, Apr 29: High Court today emphasized on the Government to revisit the Panchayati Rules and Development Act for regulation of constructions and developmental works in the rural areas.
The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar in a judgement said that the Government can make provision in the Panchayati Raj Act akin to the provisions of Municipal Corporation Act and other laws.
“Nothing prevents the Government from making a provision in the Panchayati Raj Act akin to the provisions made in the Development Act, the Municipal Act and the Municipal Corporation Act for regulating the constructions and development within the area of their respective jurisdictions”, read the judgment.
The court further added that unless such provision is made in the Act and proper infrastructure is created, it would not be possible to regulate the erection and re-erection of buildings in the rural areas falling in different Halqa Panchayats.
“It seems that because of enough land and space available in the villages, the people regulate their constructions as per the village customs and traditions …”, the bench said.
The court said that similarly, Section 54 of the Development Act also needs a fresh look and amendment so as to exclude the applicability of inconsistent provisions in other legislations like J&K Municipal Act, 2000, J&K Municipal Corporation Act, 2000 and Panchayati Raj Act, 1989. This would avoid ambiguity that emerges due to overlapping of certain provisions, more particularly the provisions relating to development i.e., erection and re-erection of buildings etc.
It is noted that the Panchayati Raj Act only regulates the constructions of buildings, shops and slaughter houses etc. and enjoins upon the Panchayat Halqa to make provision for regulation of such constructions. The duty of the Panchayat to make such provision is to ensure that different areas in the Panchayat Halqa are earmarked for residential constructions, commercial constructions and the slaughter houses etc.
“There is no such power given to the Halqa Panchayat to regulate the constructions of individual houses and commercial establishments in conformity with some building laws framed by it subject to the rules framed by the Government. Neither, the Halqa Panchayats have been empowered to frame development plans and zonal plans for the Panchayat Halqa, nor do they have the expertise and the resources to regulate the compliances with the building permission bye-laws, if any, framed”, the High Court observed.
The court said, the Halqa Panchayats are also devoid of any enforcement machinery to ensure that the constructions are raised in conformity with building bye-laws, if any. The Act does not empower the Government to do these activities or to perform such functions in the area falling in a particular Panchayat Halqa.
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