*Land use changed without sanction from Govt
Mohinder Verma
JAMMU, July 11: Undermining the authority of State Legislature, the Jammu Development Authority (JDA) has not even once submitted its annual accounts to the Legislative Assembly and Council ever since its establishment about 45 years back. Moreover, the Authority is still groping in dark about the land transferred to it by the Government mainly because of mis-management of land assets.
With a view to promote and secure development of the local area of Jammu city, the Jammu Development Authority was constituted in February 1971 in pursuance of Section 3(1) of Jammu and Kashmir Development Act, 1970. The Authority headed by Vice-Chairperson functions under the administrative control of the Commissioner/ Secretary, Housing and Urban Development Department.
Under Section 21 of the Jammu and Kashmir Development Act, 1970, the Authority is required to prepare its annual accounts and present the report after being certified by the Auditor to the State Legislature for latter’s appraisal and scrutiny.
However, the accounts of the JDA have never been presented to the State Legislature since its establishment about 45 years back. This amounts to undermining the authority of Legislative Assembly and Legislative Council besides blatant violation of the law enacted by the Legislature. On one side the Chairpersons of the JDA never paid any serious attention towards fulfilling the obligation under the Development Act and on the other side the successive heads of the Housing and Urban Development Department remained mute spectator to the violation of law right under their nose.
Though the State Government admitted the audit contention in June last year and assured that instructions of the Comptroller and Auditor General would be strictly adhered to in future, yet it failed to ensure compliance to the Development Act and no step was initiated to apprise the State Legislature about the annual accounts of JDA during the just concluded Budget Session.
Not only on furnishing annual accounts to the Legislature, the JDA has also failed on several other aspects including financial management, which is evident from the observation of the CAG that JDA had not taken up developmental activities commensurate with the availability of funds.
Against availability of Rs 480.76 crore during 2010-11 to 2014-15, the JDA incurred expenditure of Rs 140.49 crore only leaving unspent balance of Rs 340.27 crore at the close of March 2015. “The JDA had incurred expenditure without approval of annual budgets by the Board of Directors since 2007”, the CAG said, adding “percentage of expenditure vis-à-vis availability of funds was very poor and ranged between 9 and 13 during the years 2010-11 to 2014-15”.
Another aspect of financial mismanagement pointed out by the CAG pertains to adjustment of advances. As per the provisions of J&K Financial Code, all advances were required to be got adjusted immediately. However, advances to the extent of Rs 7.06 crore granted by the Authority were pending adjustment as of March 2014.
This is notwithstanding the fact that the officers and officials of JDA against whom the advances were outstanding had either been transferred or had retired from service. The outstanding advances had not been adjusted before issue of No Demand Certificate or reflected in the last pay certificates in respect of such employees. Moreover, notices were not issued to the concerned authorities for effecting recoveries.
As far as management of land assets is concerned, the CAG said that State Government transferred over 75833 kanals of land during years 1974 and 2003 to the JDA for all-round development of Jammu city. However, land measuring 57948 kanals has not been demarcated and JDA was not able to get the entire land transferred in its name or take the physical possession.
Out of demarcated land measuring over 17885 kanals, total of 2810 kanals of land had been encroached upon and remained under illegal occupation. Moreover, land acquisition proceedings at 13 places involving 9704 kanals of land were stalled due to faulty land acquisition process as a result of which actual development could not take place as conceived in the Master Plan, the CAG has pointed out.
As per Section 12 of J&K Development Act, the JDA can make such modifications to the Master Plan, which don’t relate to the land use. The modifications relating to land use could be permitted only after obtaining sanction of the Government after observing formalities like publishing of notice and inviting objections and suggestions from stakeholders.
However, test check of records showed that change of land use from residential to commercial purpose was allowed without sanction of the Government and without observing due process.
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