No regularizing illegal floors,says BMC chief
Mumbai: Municipal commissioner Subodh Kumar has asked his staff to give builders suspected of unauthorized activity 24 hours to prove they have the permissions.If they fail to do so,demolition must be undertaken immediately,Kumar said in a circular issued on Wednesday.
He also said builders should be issued notices to stop all unauthorized work at the sites within 24 hours.The circular,issued after the Bombay HC criticized the BMC over the rampant unauthorized constructions,does not allow for the regularization of illegal floors or portions of buildings.Till now,the BMC has been liberally following this practice,which helps add to its coffers.
DONT REGULARIZE ILLEGAL FLOORS…..Sharad Vyas
Give Developers Of Suspected Unauthorized Construction 24 Hours To Show Proof,BMC Chief Tells Staff
Give Developers Of Suspected Unauthorized Construction 24 Hours To Show Proof,BMC Chief Tells Staff
Mumbai municipal commissioner Subodh Kumar,under pressure to act against unauthorized construction in the city,has directed his staff to give developers 24 hours to prove that they have the necessary permissions in cases where unauthorized construction is suspected.If the developer fails to give proof,immediate demolition has been ordered.Kumar has issued a set of 11 rules that do not allow for the regularization of illegal floors or the filing of a police case.
Failure to follow the 11 rules would be treated as dereliction of duty,the commissioner has said.The 11 rules are:
* Mukadams of the Building Proposal (BP) department must take daily rounds of their areas and report to the sub-engineer and assistant engineer about work done beyond approvals and the scope of the Commencement Certificate (CC).
* The BP sub-engineer should immediately issue a notice under Section 354A of the BMC Act to stop work in 24 hours.
* The BP assistant engineer should then seek the approval of the executive engineer and ask the concerned ward for manpower and machinery to do the demolition.Police presence can also be asked for.All this should be done within three to four days of the stop-work notice being served.
* There is no need to issue a notice under Section 53 (1) of the Maharashtra Regional and Town Planning (MRTP) Act,which gives the developer time to apply for the regularization of illegal portions.A police case also need not be filed.
* The developer gets just 24 hours to prove he has the permissions before demolition begins.
* Architects and surveyors of the erring developer face suspension of licences.
* In the case of wards,the demolition should be undertaken 24 hours after the assistant municipal commissioner gives his approval.
* In the case of occupied illegal buildings,notices should be issued under Section 351 of the BMC Act for wards and Section 353-A of the same act for building proposals.
* Only the court,additional municipal commissioner or BMC chief can halt a demolition.
* Failure to follow rules would be dereliction of duty.
* Approving authorities executive engineer for BP and assistant municipal commissioner for wards will be held responsible for not taking erring staff to task.
Interestingly,legal experts said there are questions if the BMC chief s circular,issued on Wednesday,would stand up to legal scrutiny as sections 52 to 54 of the MRTP Act lay down procedures for penalizing developers and regularizing unauthorized work.The order makes sense as it would act as a deterrent against illegal construction,but if challenged before the judiciary,it could fall flat on its face, said a legal expert.
Till now,the BMC would issue a notice under Section 354 of the BMC Act and then slap another notice under Section 53 (1) of the MRTP Act.This tells the developer to restore the work to the original status,and also gives time to apply for the regularization of floors.
Crime Pays The BMC
– Regularizing illegal floors in buildings/high-rises can be big money for the BMC
– A 1985 state government circular empowers the civic body to charge a penalty to regularize work done beyond the approved plans
– The penalty amount can range from 5% to 15% of the Ready Reckoner rate of the project
* WALLS COME TUMBLING DOWN: Civic officials,facing the heat,have been on a demolition spree in the P-North Ward since Tuesday
300 structures face BMC bulldozers….Sukhada Tatke
Mumbai: Civic officials on Wednesday chalked out a massive plan for the demolition of illegal structures in the P-North Ward,a day after facing severe criticism from a Bombay High Court justice for rampant illegal construction in the city.
On Tuesday,Justice P B Majmudar,while hearing a case involving the Balaji International School,Malad (West),said total lawlessness was prevailing in the city with respect to illegal construction.
Today,the civic body is expected to act on a complaint from the Indian Air Force and begin bringing down as many as 300 shanties and pucca structures abutting the air force base near Halbadevi temple,Madh Marwe.
In fact,the BMC had already begun demolishing illegal structures in P-North Malad,Malwani,Dindoshi,Marwe on Tuesday itself,the day of the judges observations.On Tuesday,demolitions were undertaken at Azmi Nagar,near Abbasia Compound,new Nakoda Company and Ali Talav,in Malwani,Malad (West).Five commercial structures measuring a total of 1,000 sq ft,10 residential structures measuring a total of 2,000 sq ft and 35 shanties had been brought down.
A stay had been given for the commercial structures,but it was recently vacated.We got police protection from Tuesday,so we started carrying out the demolitions, said Vijay Balamwar,assistant municipal commissioner,P-North.
On Wednesday,six residential structures totally measuring 1,500 sq ft and a chawl of about 2,000 sq ft were demolished at Patelwadi and Pascalwadi.
Justice P B Majmudar on Tuesday ordered municipal officials to do a complete survey of illegal structures in the PNorth Ward
Costly For The Middle Class
– Up to 154 buildings between Andheri and Dahisar had been identified in a Bombay High Court order as having illegal floors during the hearing of a petition filed in 2002.The BMC immediately moved to regularize the buildings.But only a couple of structures have been regularized so far.
– Sources said almost 90% of the households cannot cough up the huge amount levied as penalty.