Notice Issued By VC JDA U/s 12, Not As Per J&K Development Act Of 1970 & Development Rules 1976

Rajesh Gupta

Jammu, October 18: A notice issued by VC JDA dated 07.10.2020 for filing representation by public by 22nd  October is not as per J&K Development Act of 1970 & development rules of 1976.

As per details with Cross Town News that under Chapter-3 u/s 7, the development Authority has to prepare a Master Plan as per details given in 7.1, 

Simultaneously with the prepration of Master Plan as soon as may be thereafter, the authority shall proceed with prepration of Zonal Development for each of the zones into which a local area may divided & shall propose a date or dates from which the developmental plan  of each zone shall applicable.

It means that Master Plan as such cannot be imlemented & it has to be implemented through Zonal Developmen plan as a Zonal Developmental Plan indicates all the minor details i.e. land use, width of road, building bye laws etc etc so the implementation of Master Plan as it is being implemented in the building permissions cases & no other aspect of the Master Plan is being taken for development.

Not even a single road as proposed in the Master Plan in the Hierarchy of 12 Metre to 90 Metre has been taken by the development Authority or any other agency.

How the building activities can be regulated in the absence of provision of these roads as most of the activities i.e. Commercial, Institutions, Residendial Colonies Group Housing are proposed on the particular width of road & no road is available anywhere within the Master Plan, where peoples can go for such kind of development.

As Such, the notice dated: 07.10.2020 issued by VCJDA is not in accordance with the provisions of Development Act/Rules & as per u/s 12, as no new master plan/report/new building bye laws are modified and made an annexure in the said notce & so on what issues sugggestions had to be made by the  public within a a period of 15 days, which is not at all a reasonable time.

The notice has been issued for the plan for which objections/suggestions were already sought before the approval of Master Plan of 2032.

The only way to modify the Master Plan is through the prepration of Zonal Development Plans as per the provisions of section 8 of the development Act & its notification for inviting objections/suggestions. Unless this process is followed the Master Plan cannot be modified  by simply publishing such kind of notices.

Hence all buiding permissions/sanctions/ developmental projects approved by JDA/JMC as on today are not as per the accordance with zonal plan & needed to be enquired.




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