JDA says step not in consonance with J&K Development Act
*Confusion prevails among people, officials, DDC Members
Mohinder Verma
JAMMU, Jan 29: The recent circular of the Department of Rural Development and Panchayati Raj designating competent authorities for accord of approval/permission for construction/alteration of residential and commercial buildings in the rural areas of Jammu and Kashmir has led to major controversy with the Jammu Development Authority (JDA) claiming that the step is not in consonance with the provisions of the Jammu and Kashmir Development Act, 1970 and has rather created confusion among the people as well as members of the District Development Councils.
The Department of Rural Development and Panchayati Raj vide Circular No.11 dated July 30, 2021 directed the Directors of Rural Development Department Kashmir/Jammu to receive through Block Development Officers (BDOs) applications/proposals seeking constructions/reconstructions and extension of commercial and residential buildings in the areas falling in Panchayats.
This was done on the ground that Section 12 of the Jammu and Kashmir Panchayati Raj Act, 1989 read with Rules empowers the Government to appoint an authority and prescribe a procedure for grant of permission for construction/reconstruction and extension of any residential/commercial building falling within the Panchayat areas.
Thereafter, the Department of Rural Development and Panchayati Raj vide Government Order No.11 dated January 22, 2022 designated the competent authorities for grant of permission for construction/ reconstruction/alteration of residential/commercial buildings in the rural areas of Jammu and Kashmir.
This step of the Department of Rural Development and Panchayati Raj has created major controversy as the Jammu Development Authority is of the stand that this order doesn’t make any exemption with regard to the rural areas falling in the jurisdiction of Development Authorities, official sources told EXCELSIOR, adding “it has been conveyed to the Government that the step initiated by the Department of Rural Development and Panchayati Raj is not in consonance but rather at variance with the provisions of the Jammu and Kashmir Development Act, 1970”.
Section 13 of the J&K Development Act, which pertains to declaration of development area and permission for development etc, states: “After a notice approving the date of operation of plan is published under Section 11, the Development Authority may with the prior permission of the Government declare any zone or part thereof as development area”.
“Notwithstanding anything to the contrary contained in any law for the time being in force, consequent upon such notification, no person including a department of the Government shall undertake or carry out development of any land or building in the zone unless permission for such development has been obtained in writing from the Authority in accordance with the provisions of the Act”, Sub-Section 2 of Section 13 read.
The Sub-Section 3 states: “No person or entity, whether private or public, including a department of the Government or any authority, shall undertake the implementation of any street or layout plan, in any form, in the local area outside the limits of a Municipal Corporation without the prior written permission of the Development Authority”.
“In the light of these provisions of the Development Act, the issuance of circular by the Department of Rural Development and Panchayati Raj has created confusion among the seekers of building permission in the rural areas lying within the jurisdiction of Local Planning Area of Jammu Master Plan-2032”, the Jammu Development Authority has conveyed to the Government and stressed that the Rural Development Department should be asked to amend the circular so far as it pertains to the rural areas lying within the jurisdiction of the Development Authorities constituted under the J&K Development Act, 1990 including Jammu Development Authority, Srinagar Development Authority and Katra Development Authority etc.
According to the sources, the circular of the Department of Rural Development and Panchayati Raj has not only created confusion among the people but also among the members of District Development Councils, who have also approached the Government seeking clarification whether the rural areas within the Jammu Master Plan-2032 local limits have to seek permission from Rural Development Department or Jammu Development Authority.
“Unless the Housing and Urban Development Department and Department of Rural Development and Panchayati Raj clear the confusion and exclude rural areas lying within the jurisdiction of Development Authorities constituted under the J&K Development Act, 1970, people would not be in a position to apply for permission”, sources said.
They opined that vesting powers for grant of permission for construction/reconstruction works to the Panchayats will lead to discrimination on political grounds and that would not be in the interest of the people.
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