Mohinder Verma
JAMMU, Jan 24: Concerned over the political implications of the High Court orders regarding sealing of illegal buildings, which mainly include commercial establishments, in summer capital of the State as well as holy town of Katra, Government has decided to promulgate an Ordinance imposing moratorium on sealing and demolition of such structures across the State for one year. The Ordinance route is being adopted in order to prevent the High Court from passing fresh directions on non-implementation of directions passed in the Public Interest Litigations (PILs).
Reliable sources told EXCELSIOR that ever since the High Court has passed directions for sealing of illegal structures in Srinagar and in holy town of Katra, the Government was burning mid-night oil to find a way out to avoid the implementation of the directions keeping in view the political implications involved in the same.
“As this is the election year, the Government doesn’t want to annoy any particular section of the society as the same would have adverse impact on the future of several sitting Legislators and Ministers”, sources added.
While the Government was pondering over the issue, House Committee of Legislative Council constituted to look into the issue of conversion of residential areas for commercial purposes, in a meeting held on January 17, felt the need of recasting the Master Plans for Srinagar, Jammu, Katra and other urban centres on immediate basis.
The committee suggested that the Government should come out with a legal framework within 10 days to keep in abeyance sealing and demolition of the illegal constructions that have taken place till December 2013, until a comprehensive Master Plan is put in place which will suggest remedies for past violations and further needs keeping in view urban upcoming growth and commercial needs.
“The suggestion of the House Committee came as a blessing in disguise for the Government, which was already perturbed over the sealing directions from the High Court”, sources said, adding “unlike other directions of several House Committees, which usually gather dust in the official files before being taken up for implementation that too with half hearted approach, this direction received immediate response from the Government as after all the matter was connected with the future of several sitting Legislators and Ministers. Moreover, several politicians own such illegal structures which come under the purview of the High Court directions”.
On the very next date, Government decided to promulgate an Ordinance for imposing moratorium on the sealing and demolition of ‘illegal’ structures across the State. Accordingly, a committee headed by Secretary Housing and Urban Development Department, Satish Nehru and comprising G N Qasba, Commissioner Srinagar Municipal Corporation, Shafat Noor, Vice-Chairman Srinagar Development Authority, Kiran Wattal, Commissioner Jammu Municipal Corporation, K L Khajuria, Vice-Chairman Jammu Development Authority and Rajinder Singh, Chief Executive Officer Katra Development Authority was constituted to come out with the draft Ordinance, sources informed.
Within three days, the committee came up with the draft Ordinance, which was then submitted to the Department of Law, Justice and Parliamentary Affairs for vetting, sources said, adding the Ordinance has now been vetted by the Law Department and it will be shortly sent to the Governor, N N Vohra for approval and necessary orders.
“In the Ordinance, it has been mentioned that there will be moratorium on sealing and demolition of ‘illegal’ structures, which have come up till December 31, 2013 across the State for next one year during which period the Government will complete the exercise of revisiting the Master Plans”, sources informed, adding “by way of this Ordinance the Government wants to render all the High Court directions on sealing and demolition infructuous for political considerations”.
Questioning the intentions of the Government, sources said, “Generally, the Ordinance is promulgated when the Session of State Legislature is not scheduled to be held in near future. The intentions of the Government become doubtful in the light of the fact that Ordinance route is being adopted at a time when Budget Session of the State Legislature is about to begin after next two weeks”, adding “basically, the Government wants to nullify the High Court directions well before the next date of hearing in the Public Interest Litigations (PILs) on the subject, which is February 11, 2014”.
“This clearly indicates that for vote bank politics, Government can go to any extent”, sources said, adding “it is a matter of serious concern that instead of allowing the violators to be taken to task the Government has felt it appropriate to boost their morale”.
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