SRINAGAR, Nov 17: A committee constituted by the Jammu and Kashmir Government has pointed out that the Jammu and Kashmir Town Planning Act-1963 lacks key provisions for the formulation of Town Planning Schemes.
The committee, headed by Divisional Commissioner Kashmir and comprising senior officials from the administration, Housing and Urban Development Department, and Law, Justice and Parliamentary Affairs Department, has observed that the Jammu and Kashmir Town Planning Act is deficient in terms of critical provisions necessary for the formulation and implementation of Town Planning Schemes.
The Jammu and Kashmir Town Planning Act, 1963 and the Rules framed thereunder in 1974 are the only legislation governing the formulation and implementation of TP Schemes in Jammu and Kashmir.
Report added that the legislation is deficient in terms of critical provisions necessary for the formulation and implementation of TP Schemes.
The committee, headed by Divisional Commissioner Kashmir, comprised the Commissioner, Srinagar Municipal Corporation; Deputy Commissioner, Srinagar; Vice-Chairman, Srinagar Development Authority; Vice-Chairman, JandK Lakes Conservation and Management Authority; Chief Town Planner, Town Planning Organisation; and Representative of the Department of Law, Justice and Parliamentary Affairs.
The committee, constituted on June 17 this year, was mandated to undertake a short-term review of Master Plan Srinagar-2035. Its terms of reference include examination of the feasibility of TPS areas and identifying any TPS area(s), if necessary, for removal of the precondition with respect to issuing of building permissions in such area(s).
In its report, the committee observed that the Jammu and Kashmir Town Planning Act-1963 propagates the formulation of Town Planning Schemes through compulsory land acquisition instead of land pooling, which is against the essence of TPS & Land pooling is the cornerstone of a TP Scheme.
The committee recommended that the Government review the existing Town Planning legislation to incorporate missing legal provisions necessary for the formulation of Town Planning Schemes in Jammu and Kashmir.
It also recommended the removal of a precondition prohibiting the grant of individual construction permission in areas earmarked for Town Planning Schemes.
The committee is of the opinion that while planned expansion of urban areas is in the interests of the city, however, holding building permissions in these areas arbitrarily amounts to unjust public inconvenience, discouragement to genuine building-permission seekers, and loss to the public exchequer.
Report further added that, it has been observed that due to poor enforcement, a lot of unauthorized constructions have come up in these areas, making implementation of Town Planning Schemes more challenging.
The report states that, on account of an inadequate legal framework and lack of professional manpower in Srinagar Development Authority and Srinagar Municipal Corporation, the agencies couldn’t take up Town Planning Schemes for execution till date
It proved that, these are the reasons, so why Jammu Master Plans revision is hanging in fire since years despite its notification issued on 17th March, 2017, needed to be acted upon as was having lot of flaws, as Bye Laws of some item were not incorporated in Master Plan & future of so called "Proposed Roads" kept in Master Plan of 2032 has neither been taken up nor notified despite lapse of 8.6 years but CTP/STPs are rejecting BP cases by quoting "Proposed Roads" raiised pointer towards concerned officers of JDA? (Inputs from KNO)
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