Regularization of illegal constructions: Govt announces constitution of empowered committees


Srinagar: The State Government on Thursday constituted Empowered Committees, for scrutinizing the applications being submitted by the applicants for regularization of illegal and unauthorized constructions in Jammu, Srinagar and Katra.

The committee for Srinagar comprises Divisional Commissioner Kashmir as chairman, and seven members including Vice chairman (VC) Srinagar Development Authority, VC Lakes and Waterways Development Authority, Chief Engineer (R&B) Kashmir, Chief Engineer Irrigation and Flood Control Department Kashmir, Deputy Commissioner, Srinagar/Budgam/ Ganderbal (for their respective jurisdiction) , Commissioner SMC and Chief Town Planner, Town Planning Organisation Kashmir, reveals the order that has been issued.

The empowered panels have been tasked to bring the illegal and unauthorized buildings or constructions and land use or building use conversions into the planning framework to the extent possible. The panels shall facilitate the implementation of the Master Plans under revision and shall scrutinize all the documents as prescribed by the Competent Authority, submitted before the Empowered Committee in connection with compounding or regularization of layout or plots and buildings which have been constructed and completed before 31 December 2016.

The panels shall also recommend regularization and compounding in respect of prescribed categories of violations under policy including building built at permissible sites but built without permission, building built at permissible sites with permissions but having violated the permission but without change of the land use and buildings having resorted to the conversion of land use.

The Empowered Committees shall recommend regularizations, compounding in respect of prescribed categories of violations under Policy i.e Building built at permissible sites but built without permission, Building built at permissible sites but built with permissions but having violated the permission, but without change of the land use and the buildings having restored to the conversion of land use.

It shall not recommend illegal, unauthorized building for regularization in the situations that the buildings coming in the proposals of widening of roads in the Master Plan or in the comprehensive Mobility Plan, over flood absorption basis, vulnerable slops i.e. slopes with more than 30% grade to be demarcated by the local authorities, over lands belonging to the state or central government, public undertaking, Panchayat, waqf Board and local commons, the precincts, sites coming under the Ancient Monuments and Archaeological Sites and Remains Act-1958 or any other Act prohibiting the developments in the particular area.       

The Committee shall also not recommend regularization of unauthorized construction in case the use is obnoxious or hazardous as per the Master Plan, the Jammu and Kashmir Municipal Act, 2000, J&K Municipal Corporation Act,2000, J&K Development Act, 1970 or any other Act in vogue etc, in the graveyards, burial grounds and crematoria, areas/sites falling within the ambit of Jammu and Kashmir Water Resources, Regulation and Management Act,2010, Group Housing Projects, in restricted development zones as specified in the Master Plans like Green Areas, open spaces etc and the Empowered Committees shall also ensure that such regularization does not violate the provisions of any other Act, Legislation in vogue specific to such particular structures/sites.

The Empowered Committees, after scrutinizing all the documents in each case within 45 days of submission of reference to the Empowered Committee shall come up with proposed amendments in the Plan, if any, and will seek comments, consent of the applicant within 25 days. After receiving the consent, the Empowered Committees will approve the building plan and, then, recommend to the Competent Authority for regularization of the construction or building use change or otherwise.

The Empowered Committees shall also abide by the provisions of SRO-391 dated 20.09.2017.

The Empowered Committees shall be serviced by the Jammu Municipal Corporation, Srinagar Municipal Corporation and the Municipal Committee Katra respectively.


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