For granting permission to proposals / applications in respect of constructing and making alterations of and additions etc to residential houses as also commercial buildings , there must be such a system where various Government departments and agencies are not in conflict with one another. That in simple words denotes that regard to prevalent provisions and Acts governing such constructions must be scrupulously followed in such a way that it appeared that Government as one entity was monitoring in according such sanctions. On the other hand, three tiers of Panchayati Raj Institutions must have their say and writ to a larger extent exercised in managing the affairs including those connected with construction activities of residential and commercial buildings in villages but some existing laws put restrictions on them . That leaves little scope for the controversy surrounding the issue in respect of a notification of Department of Rural Development and Panchayati Raj whereby competent authorities are designated to grant building construction permissions in rural areas of the UT as the same is not found in total agreement by the Jammu Development Authority (JDA).
While the JDA maintains that such a directive was not congruent to the Jammu and Kashmir Development Act 1970 , which makes no distinction between areas whether falling in rural or urban areas for the purpose . On the other hand, section 12 of the Jammu and Kashmir Panchayati Raj Act 1989 duly empowers the Government to designate and empower an authority for granting building permission for raising, adding, altering residential and commercial buildings in a rural area falling under a particular Panchayat but on the other, it is in conflict with an existing law. Based on this provision, the Department of Rural Development and Panchayati Raj issued relevant circular whereby such requisitions and applications can be submitted through respective Block offices.
Looking to the above stipulations, therefore, neither any department of the Government or any individual shall carry out any changes / development of any land or any building falling in the zone as provided for under the Development Act unless proper permission was obtained . Therefore, outside the limits of a Municipal Corporation , any implementation of a street or layout plan , the approval of the Development Authority is needed. These are all technical and procedural formalities which practically mean nothing to a common person desirous of carrying out renovations or new constructions of a residential building or a commercial establishment whether in urban or rural area. Permissions by whichever authority of the Government must be forthcoming in respect of a proposal or an application in respect of the same within a reasonable timeframe. In case of refusal on some cogent grounds, an applicant was entitled to be informed about the same.
On the other hand, any law or an Act which requires an amendment to make it people friendly must be amended by the Government. Therefore, in the instant case too, the Ministry of Home Affairs can cause the Development Act to be suitably amended to give rest to the controversy which calls for both the Government Departments in tandem to approach the UT Government with such recommendations. We feel that in matters of rural affairs including according sanction to building construction etc , Panchayats’ say and recommendations must not be denied as that would lead to restricting their jurisdiction of development of respective village areas falling under their jurisdiction. In any case, instead of continuing with an avoidable confusion and controversy on the subject , the UT Government must intervene and address it suitably.
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