India

PDP-BJP Govt facilitating unauthorized commercial constructions

goolden yug
[ March 07, 2018 ] Govt of J&K VIDE Cabinet decision No. 27/02/2017 Dated 2 February 2017 approved Jammu City Master Plan (MPJ). The Jammu Master Plan 2032 envisages covering all aspects of Urban Development. Primarily MPJ is aimed to ensure and encourage planned and sustainable development in the city in wake of complaints of huge encroachments in the city and also adjoining areas and also violation of building bylaws. MPJ covers all aspects of development namely transportation, infrastructure, environment conservation and above all land use planning, industrial, commercial and residential. Before existence of Master Plan Jammu 2032, city of temples in the year 1974 too had Master Plan for Jammu . To pace with rapid growth and change in the year 1994 to meet challenges needs and aspirations of city besides arrival of migrants from Kashmir valley it became essential for city planners to emphasize on existing loop holes to ensure that modified plan meets all the expectations of people of Jammu city. The first Master plan remained a non starter for a considerable time and its failure owing to callous attitude of leaders of time and unbridled Babus involvement allowed violation of land use making it virtually directionless and highly unpractical. City remained stand still, things kept on moving but it took long ten years to have 2nd Master Plan for Jammu city which came to existence in the year 2004. Unfortunately once again no sincere efforts were made ti implement the provisions by so called the guardians of building bylaws JMC and JDA. Master Plan 2021 by and large leaving few cases was allowed to die its own death in the hands of those, who instead of taking care of implementing the provisions of above mentioned plan shamelessly opted to safeguard their personal interests. Rulers of time and Babus of JDA and JMC exploited inherited drawbacks like absence of building regulation, interpretation of land use giving ammunition to its guardian to challenge its existence for private gains. Its oblivious the very purpose of existence of Master Plan 2021 got defeated by unholy alliance of enforcement wings of JDA and JMC and violators. Worth mentioning here that roads with more than 40 feet were permitted for mix land use but without specifying the nature and extent allowing wilful defaulters having patronage of said authorities to exploit the same. Moreover present set of Babus too have recorded that the Master Plan 2021 had also not appropriate provisions for amenities and services, resulting in most of the areas in the city of the period which came into existence are devoid of such essential requirements of life. Moreover in most of these new localities quality of life is depressingly low. State sponsored violations are the main cause of turning Jammu city into a concrete jungle. Concerned authorities never exhausted available provisions of building bylaws and COBA. On occasions, to mint money, notices under COBA were issued by JDA and JMC but they owes an explanation for what they allowed to come up illegal huge structures like banquet halls, commercial complex/ shopping complex. Notices were issued sensing key official"s wrong doings are being watched but notices were not meant for the purpose issued as envisages in the Acts. Worth mentioning here despite being notices issued under COBA Act 1988 no illegal building and unauthorized banquet halls got demolished prove corruption is at its peak in JMC and JDA. Pertinent to mention COBA Act of 1988 states no person shall undertake or carryout the development of any site in any municipal area, local area, town area, notified area or area notified under J&K State Town Planning Act 1963. Amazingly clause 7 of COBA empowers competent authority to issue demolition of buildings constructed without prior permission or for deriving from sanctioned plan. Concerned authority under clause 8 of said Act is empowered to seal such buildings. Intriguing to note that the clause 14 of COBA reads 14(A) no Court shall have jurisdiction to make any interim order whether by way of injection or stay or any other manner against the order of authority concerned, moreover, not to entertain suit or proceedings in respect of demolition of any building. Clause 15 elaborates every order of the authority or appellate officer shall be final and shall not be called in question in any suit. In wake of this, Govt in exercise of the powers conferred by section 3 of J&K Civic laws (Special Provision) Act, 2014, the Govt notified the same and accordingly Team constituted vide order No.167-HUD of 2014 dated 25-4-2014 have reported 4131 residential structures illegally converted into commercial in Jammu, 5500 in Srinagar and 58 units in Katra by violating Master Plan, land use/ approved lay out plans. Question which deserves to be answered is that despite being having sufficient powers vested with authorities why in the first instance illegal/unauthorized structures were allowed to be raised. Why violators were not issued COBA notices and action taken under rule. By taking no action, authorities have shown their true colours which further proves that they wilfully allowed violations of Jammu Master Plan for monetary gains. In such circumstances, state Govt constitutionally and morally duty bound to set up an independent enquiry to find out cause of wilful negligence dereliction of duty by concerned authorities. Transparency demands official responsible for immolation of building bylaws and COBA Act be booked and punished for their wrong doings. Jammuites will not forgive Dr Nirmal Singh if to defend his personal interests, Jammu Master Plan 2032 violations continue. On ground which are evident illegal constructions taking place on plots bearing Nos 208/2,278/2,285/7,257/3,168/7, Channi Himmat Housing Colony, are few examples including commercial structures street No.8 facing Akhnoor road are the cases under the knowledge of competent authority. Million dollar question is Govt constituted empowered committee vide order No.1376-GAD of 2017 dated 26-10-2017 for scrutinising the applications to regularize illegal unauthorized constructions in Jammu what vision has while regularizing illegal commercial structures regarding availability of parking as mandatory under building bylaws and Jammu master plan 2032. State Govt and concerned Minister if honest should reply why notices vide Nos. JDA/CKO/215-16, 217-18, 590 - 91, 596- 97 issued to RS Banquet Hall, Anand Farms, Bee-pee forms remained toothless who allowed construction of Krishna Banquet Halls and how govt record justifies number of attempts were made by JDA to seal said banquet hall but could not be succeeded. GR Eves a banquet hall is unauthorized as per the record of JDA but still not demolished, makes mockery of custodian of COBA. Other prominent banquet halls without permission which came into existence and thereafter got extended due to nefarious designs of JDA & JMC concerned officials are Jagat Resort, Noor Castle Banquet Hall besides hundreds of others. Intriguing to note and to save powerful and wealthy state govt also amended rules to suit those who were otherwise wilful violators of building bylaws and Master plan in vogue.