Experts raise concerns over proposed amendments to Building Bye-Laws

Srinagar, Feb 8: A significant gathering of retired senior bureaucrats, town planners, engineers, and civil society members convened today to discuss the proposed amendments to the Unified Building Bye-Laws (UBBL) 2021 and related urban policy documents. The overarching sentiment at this seminar, titled “Urban Futures in J&K: Balancing Deregulation and Sustainability,” was clear: the proposed changes could lead to urban chaos and the deterioration of the existing urban landscape.

The Institution of Engineers organised the seminar in collaboration with the Group of Concerned Citizens (GCC), J&K. Experts and panellists engaged in passionate discussions regarding the implications of the amendments, which have attracted scrutiny from various stakeholders.

Khurshid Ahmad Ganai, a retired IAS officer and former advisor to Governor, articulated serious concerns surrounding the government’s approach. “The Department of Housing and Urban Development and the Government of J&K have already asked for views. But the draft bylaws of the UBBL, many of them are unacceptable. We do not understand the logic of those bylaws,” he stated emphatically.

Ganai highlighted the Kashmir's global reputation for its natural beauty and vital resources, asserting, “We are famous the world over for our natural beauty, for our natural resources, for our water, for our snow, for our mountains, for our hills, for our greenery, for our trees, and for our wetlands.”

He pointed to significant tourist destinations, including Gulmarg, Pahalgam, and Sonamarg, underlining the need to safeguard them from reckless development.

“The current proposals risk destruction due to unplanned and senseless development planning, especially since we have already shown a tendency to violate existing master plans,” Ganai added. He questioned the rationale behind fostering a deregulated environment, stating, “If we have been violating the master plans so much, how do you expect a deregulated environment to create more discipline when we need more discipline?”

He labelled the idea of deregulation as an “anachronism,” arguing that it runs counter to the objectives of urban planning in the region. “We don't agree with the whole idea of deregulation, particularly in how it has been conceived and proposed,” he asserted.

Ganai said that they will submit detailed suggestions on the proposed UBBL amendments to the government.

The sentiments expressed during the seminar reflect a growing apprehension among experts about the future of urban planning in Jammu and Kashmir. Civil society groups, alongside organisations like the Kashmir Chamber of Commerce and Industry (KCCI), are increasing their critique of these proposed amendments, putting the government under mounting pressure to reevaluate its urban policy changes.

Chairman of the IEI, J&K State Centre, Er. Iftikhar Ahmad Hakim, raised alarms about the potential dangers of the proposed amendments, stating, “J&K's amendments prioritise deregulation, risking congestion, safety breaches, and ecological harm. We must learn from Maharashtra’s Transit-Oriented Development (TOD), Gujarat’s Transfer of Development Rights (TDR), and Himachal Pradesh’s ecological planning to ensure equitable and resilient cities.”

The seminar introduced the concept of spatial anarchy, defined as a lack of coherent and enforceable rules governing space use and development. This condition can lead to chaotic land use, fragmented infrastructure, and unsustainable urban growth. Spatial anarchy opposes well-planned urban development and signifies a disruption of the natural order of space due to unregulated and haphazard growth.

"Deregulating the Floor Area Ratio (FAR), ground coverage, and height in building bylaws can result in unsustainable urban growth, environmental degradation, and social inequity. Such regulations are essential for balancing development with the need for livable, resilient, and equitable cities. Removing these regulations without thorough planning and alternative safeguards could have catastrophic long-term consequences for both current and future generations." Hakim said.

Latif uz-Zaman Deva, a retired bureaucrat, provided insights into the Land Pooling Policy and Transferable Development Rights.

Dr. Haenraets, a Professor at Boston University’s Preservation Studies Program, presented compelling arguments for preserving the cultural significance of Srinagar.

During the discussions, Secretary General, KCCI, Faiz Bakshi stressed the importance of environmental preservation, arguing that “development must not be at the cost of the environment.”

He highlighted that “we talk about tourism; tourists visit Kashmir only to see its scenic beauty. If we allow haphazard development, the result will be alarming.” Bakshi noted that KCCI has played a crucial role in raising concerns about the expedited manner in which the UBBL amendments were introduced for comments, leading to an extension of the feedback deadline.

President of KHAROA, Gowhar Maqbool, questioned the necessity of the amendments when a master plan was already in place without adequate development.

Er Muhammad Ashraf Fazili presented the vote of thanks.

The seminar was aimed at facilitating an inclusive and well-informed dialogue, ensuring that diverse perspectives contribute to a shared vision for sustainable urban growth in J&K.