Policy on unauthorized constructions in Jammu, Srinagar, Katra being finalized within days

*Nearly 10,000 violations of different nature detected
Mohinder Verma
JAMMU, Mar 12: State Government is going to finalize much talked about policy on unauthorized constructions in Jammu, Srinagar and Katra within days as J&K Civic Laws (Special Provisions) Act, 2014 whereby moratorium was imposed on action against such violations for one year will not be applicable beyond March 31, 2015.
In the draft policy, only those illegal constructions that have come up before March 5, 2014 will be considered for one time settlement by way of imposing hefty penalty while as no unauthorized construction having come up after March 5, 2014 will be regularized. In case of major violations having taken place before March 5, 2014 no leniency has been proposed in the policy, which will remain applicable for one year beyond April 1, 2015.
The exercise to formulate policy was started on the directions of the High Court, which had even issued orders for sealing of illegal/unauthorized constructions. This issue was deliberated upon by a high level committee and subsequently J&K Civic Laws (Special Provisions) Act, 2014 was enacted so that a comprehensive policy could be formulated to tackle the issue of these violations by the end of March 2015. By way of this Act, the Government even imposed moratorium on action recommended by the High Court.
Following this, survey teams were constituted and they reported nearly 10000 violations of various types in the cities of Jammu, Srinagar and Katra, official sources told EXCELSIOR, adding the survey teams pointed out that several residential structures have been converted into non-residential use predominantly commercial use violating the Master Plan land use/approved layout plans.
It also came to the notice of survey teams that in some cases permissions have been obtained for construction and reconstruction of residential use and in the process structures have been raised much in violation of the sanctioned permission and use other than permitted by the competent authorities.
In certain cases, permission has been deviated and violated by constructing additional built up area in violation of ground coverage and prescribed setbacks and height. Moreover, survey teams found that building lines as prescribed in the Master Plans/colony layout plans have also been violated by opening, constructing road side shopping abutting the right of way and at some places encroaching the useable carriage way.
Following discussion on reports of survey teams, expert committees were constituted and on the submission of their reports the draft of the policy has been prepared, sources said.
According to the draft policy, the copy of which has been managed by EXCELSIOR from the Housing and Urban Development Department, the objectives are to bring the illegal and un-authorized buildings/constructions and land use or building use conversions into planning framework to the extent possible; to facilitate the implementation of the Master Plan under revision; make provisions to compound offenses made under the J&K Municipal Act, 2000, J&K Municipal Corporation Act, 2000, J&K Development Act, 1970, J&K Town Planning Act, 1963 and J&K Control of Building Operations Act, 1988.
The buildings that have come up in the areas/zones earmarked as green/non-permissible for any kind of building activity; buildings coming in the proposals of widening of roads in the Master Plan or in the Comprehensive Mobility Plan; over flood absorption basins/vulnerable slopes; the sites coming under the Ancient Monuments and Archaeological Sites and Remaining Act, 1958; buildings/constructions on the open spaces earmarked in any approved layout; areas falling within the ambit of J&K Water Resources (Regulation and Management) Act, 2010 and areas falling within the local area of J&K Lakes and Waterways Development Authority have been restricted for approval under the proposed policy.
Similarly, in case of conversions from actual use to some other use, no approved, illegal and unauthorized building will be regularized if the conversion is from residential to hospital and from residential to educational institutions beyond 10th standard schools; if the bulk violations exceed 50% for any use and if the applicant has resorted to the subdivision of plots within the approved layout etc.
The existing buildings will be regularized on “as is where is basis” subject to the condition that these don’t fall within the exclusions and also don’t violate the conditions mentioned in the policy. However, new construction in a vacant plot or any addition to the existing building will be approved as per the building byelaws and Master Plan violations in vogue.
“In case of public buildings, public safety, security and public conveniences and parking will not be compromised for regularizing such buildings and National Building Code will be strictly adhered to”, the draft policy said, adding “the owner will have to make such structural changes in the building within a period of one year and also submit mandatory clearances failing which approval granted will be cancelled and action under the law would be taken”.
In case of unauthorized buildings/plots for which the owner doesn’t not submit the application to the competent authority within the prescribed period, proceedings under law will be initiated after expiry of the prescribed period which may include but not limited to sealing, demolition, levying penalties as warranted under law, the draft policy further said.
“In the event of rejection of cases by the authority, they will be treated as illegal constructions and dealt with as per the provisions of J&K Municipal Act, 2000, J&K Municipal Corporation Act, 2000, J&K Development Act, 1970, J&K Town Planning Act, 1963 and J&K Control of Building Operations Act, 1988”, the draft policy said.
The conceptual basis for working out the regularization fee will be based on change in the plot value due to conversion of land use as per the market value of the land and actual building permission fee for the building use permission. In case of non-residential structures, sharing of revenue earned due to additional bulk on the actual rate of premium and rents as 50% of premium value would be considered for working out the regularization fee.
Similarly, for setback violations without any bulk violation the regularization fee will be charged at the rates for deficit from the minimum requirement in terms of square feet. “Though regularization fee has been worked in the draft policy for various violations but the same may come up for revision during finalization of the policy”, sources said, adding the regularization charges will be used only for the development of the local areas by way of improved water supply, sewerage, drainage, widening of roads and development of public amenities.

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