Single Window system needed to streamline process
Lack of layout approval mechanism derails compliance
Mohinder Verma
JAMMU, Jan 4: The implementation of the Real Estate (Regulation and Development) Act in rural areas of the Union Territory of Jammu and Kashmir continues to face serious hurdles due to lack of institutional clarity, absence of designated layout approval authorities and poor inter-departmental coordination, resulting in unregulated colony development and mounting violations on the ground.
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The concerns regarding these systemic gaps, which are undermining the very objective of the law—transparent, planned and accountable growth of the real estate sector—have recently been brought to the notice of the Government by the J&K Real Estate Regulatory Authority (JKRERA).
One of the most glaring issues highlighted is the absence of any clearly designated authority for granting layout approvals for colonies in rural areas. While RERA mandates compulsory registration of real estate projects, developers operating in rural belts find themselves trapped in a regulatory vacuum, official sources told EXCELSIOR.
“Even those developers who genuinely want to comply with the law are unable to do so as there is no clarity regarding where and from whom layout approvals should be obtained in rural areas. As a result, colonies are mushrooming without approved layouts, automatically pushing projects into technical violations”, they said.
It has also been brought to the notice of the Government that multiple departmental approvals—ranging from Revenue, Town Planning, Rural Development, Housing and Forest Departments to Power Development and Public Health Engineering (PHE)–are significantly delaying projects and discouraging compliance. “In the absence of an integrated approval mechanism, developers are forced to run from pillar to post, often for months and sometimes years, to obtain mandatory clearances”, sources said.
While stressing the urgent need for early designation of an authority for granting layout approvals in rural areas of the Union Territory, JKRERA has also highlighted the necessity of introducing a Single Window System to address the chronic problem of multiple departmental approvals.
Unless roles and responsibilities are clearly defined, officials cautioned, the present situation will continue to breed violations rather than compliance. Moreover, unchecked and unplanned colony development in rural areas would not only defeat the purpose of RERA but also create long-term infrastructure, environmental and legal challenges for the Union Territory.
“The JKRERA has further recommended a centralized mechanism that would receive applications, disseminate them to all concerned departments and track timelines for approvals both in urban and rural areas”, sources said, adding “while urban local bodies at least have notified Building Bye-Laws and defined approval mechanisms, rural areas are virtually operating in an unregulated grey zone, making enforcement of RERA extremely difficult”.
Though the Housing and Urban Development Department has initiated an exercise to amend the relevant rules for removing the hurdles in the strict implementation of the Real Estate (Regulation and Development) Act, no clear timeline or interim arrangement has so far been communicated, sources said.
“Moreover, dedicated cells in the offices of the Deputy Commissioners have not been established in several districts of the Union Territory, despite being crucial for strengthening monitoring and reporting of RERA violations”, sources said, adding “the delay persists notwithstanding the fact that these cells are envisaged as ground-level watchdogs to ensure that illegal colonies, misleading advertisements and unregistered projects do not escape scrutiny”.
They further said that unless prompt action is taken on the issues raised by the J&K Real Estate Regulatory Authority, strict implementation of the law across all parts of the Union Territory will remain elusive. “With unregulated colonies steadily coming up and compliance remaining abysmally low, the ball now squarely lies in the Government’s court to move beyond assurances and put in place a functional, time-bound regulatory mechanism before the disorder becomes irreversible”, they added.
According to the sources, even several Government agencies themselves are reluctant to strictly adhere to RERA provisions, thereby diluting the authority of the regulator. This reluctance, officials warned, sends a wrong signal to private players and further weakens enforcement of the law.
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