NAVVNEET DUBEY
Jammu: J&K Town Planning Act is deficient in respect of critical provisions necessary for formulation and implementation of Town Planning Schemes, pointed out a government panel. The committee constituted by the Jammu & Kashmir Government has observed that the Jammu & Kashmir Town Planning Act‑1963 lacks key provisions for the formulation of Town Planning Schemes (TPS).
These findings were highlighted by a government constituted committee, headed by Divisional Commissioner Kashmir and comprising senior officials from the administration, Housing & Urban Development Department, and Law, Justice & Parliamentary Affairs Department, that has observed the J&K Town Planning Act.
The report said that the Jammu & Kashmir Town Planning Act, 1963 and the Rules framed thereunder in 1974 is the only legislation governing the formulation and implementation of TP Schemes in Jammu & Kashmir. The legislation is deficient in terms of critical provisions necessary for formulation and implementation of TP Schemes.
The committee was led by Divisional Commissioner Kashmir, comprised the Commissioner, Srinagar Municipal Corporation; Deputy Commissioner, Srinagar; Vice‑Chairman, Srinagar Development Authority; Vice‑Chairman, J&K Lakes Conservation & Management Authority; Chief Town Planner, Town Planning Organisation; and Representative of the Department of Law, Justice & Parliamentary Affairs.
The committee constituted in June was tasked 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).
The committee observed that the J&K 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 may review the existing Town Planning legislation to incorporate missing legal provisions necessary for the formulation of Town Planning Schemes in J&K. It also recommended removal of a pre‑condition 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. 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,” reads the report.
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.
