Mohinder Verma
JAMMU, Dec 18: In a major development, the Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Tashi Rabstan has stayed regularization of un-authorized colonies on the public land and made it clear that taxpayers’ money cannot be gifted by continuing such a practice. The Division Bench has also decided to examine the scheme for regularization of illegal constructions on the ground that the concept was taking a new meaning at the hands of the Government.
This significant order came from the Division Bench in a Civil Miscellaneous Application (CMA) filed by Advocate R S Jamwal highlighting the wholesale encroachments on public land measuring 114 kanals and 17 marlas in Khasra No.1184 min of village Paloura.
This land was transferred to Jammu Development Authority from Nazool Department vide Government Order No. Rev (NDJ) 46 of 1973 but due to failure of those who remained at the helm of affairs in JDA since 1973 till recent past such a huge land could not be protected as a result of which encroachments continued to take place.
In this CMA, the Division Bench vide earlier had sought status of the land in question from the JDA, which before the High Court has categorically mentioned that 538 families have illegally encroached JDA land by way of raising Pacca structures. “All these Pacca structures on the JDA land have been constructed since long”, the JDA said in the status report.
“In pursuance to the verbal directions of Housing and Urban Development Department from time to time, the proposal for regularization of 10 colonies inhabited by unauthorized occupants has been mooted for which even detailed survey was carried out by the Revenue and Town Planning Wings of the JDA”, the report said, adding “Khasra No. 1184 also falls within the list of these unauthorized colonies and proposal for regularization of 10 colonies would be placed before the ensuing Board of Directors meeting for consideration”.
This proposal, however, invited sharp criticism from the Division Bench and Chief Justice M M Kumar, in the open court, remarked, “the concept of regularizing the un-authorized colonies is taking a new meaning at the hands of JDA and the State Government”, adding “the concept of regularizing constructions on public land seems to be new perception with different motives”.
Stating that illegal constructions on Government land cannot be regularized, Chief Justice, in the open court, quoted two instances and said, “on the directions of Delhi High Court two floors of a building constructed in the vicinity of Supreme Court had to be razed by the concerned authorities. Similarly, somebody built hotel on public land in Calcutta and the Supreme Court ordered its demolition as such it is amply clear that public land cannot be occupied”.
The DB observed, “the concept of unauthorized colonies as is popularly known is that a contractor purchases land in non-conforming area and builds colonies without obtaining any sanction from the authorities with regard to change of land use and for raising construction of huge colony. Such a colony may be in violation of Master Plan and many other Municipal laws”.
“The common feature in such cases is that the land belongs to the contractor which is sold to an occupant who raises construction or the construction is raised by the contractor himself. It has never been seen that there could be illegal construction on the public land and then such a case be taken up for regularization”, the DB said.
The High Court made it clear that taxpayers’ money cannot be gifted by simply regularizing the construction raised on public land unless there is a detailed scheme with regard to reimbursement of land price to be fixed by taking into consideration various factors in respect of land underneath construction. Any scheme for regularization has to include the feature failing which the law will catch up with encroachers, who have the audacity to raise construction on the public land, the DB said while making it clear that any construction on public land has to be demolished as has been held by Supreme Court.
“It is surprising that JDA and Housing and Urban Development Department are talking of regularization of constructions which have come up on public land as such we direct that before taking any step for regularization of illegal constructions the scheme be prepared and placed before this court for its examination otherwise law will follow its course and the officers in the JDA would have to pay through nose by depositing the tax payers’ money”, DB said.
The DB further said, “the scheme, if any, be placed before this court a week before the adjourned date”. In the meanwhile, regularization of illegal construction was stayed. “If any regularization is to be undertaken then permission of the court must be obtained first”, the DB added.
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