ILLEGAL BUILDING CONSTRUCTION : HC warns BMC

following is in continuation of the above :

MLA’s  illegal  structure  razed
(Hindustan Times, Mumbai Edition of 26-01-2011, page no. 10)

The municipal corporation, on Monday, demolished a structure erected by Congress Member of Legislative Assembly Jagannath Shetty, inside a plot marked as a playground. Officials from the local civic ward demolished an under-construction podium in Dalvi ground near Jain Society in Sion. The civic  officials said that Shetty, had last week, sought permission for the construction of the podium. However, the ward office denied it saying that the plot was a playground and any construction on it is not permissible.

The Bombay high court has asked the civic body to demolish all illegal structures across the city. The municipal commissioner, too, had said the same last week.

Sanjay Kurhade, assistant municipal commissioner, F-North ward said, “The construction had just begun and we found some materials kept there.”    Local children play on the ground and a school in the vicinity also uses it for its activities. Shetty denied knowledge of the incident. “I do not know anything about this,” he said and disconnected the phone.

Meanwhile, six residential structures and one ground plus one chawl in Pascalwadi and Patelwadi in Madh-Marve area of Malad were demolished on Tuesday.   These structures were in the No-Development Zone and were razed using civic machinery.  Three engineers, supervisory and the local police were roped in for the drive. The structures were occupying more than 2,000 sq ft areas.

comment :  Seems that the BMC apathy can be corrected somewhat, using the HC jurisdiction.

Further, the HC order is a blanket order for Mumbai City, BUT the BMC shall sleep over it after the instant issue.

following is in continuation of the above :

Raze  "ALL"  illegal structures : Mumbai HC
( Hindustan Times, Mumbai, January 19, 2011 )

While hearing a public interest litigation (PIL) seeking orders to demolish an ICSE school in Malad due to irregularities in its construction, the Bombay high court ordered the Brihanmumbai Municipal Corporation (BMC) to pull down  ALL  illegal and unauthorised constructions in the city. The high court has directed the civic body to identify all such structures in the city, starting with P-North ward , and complete its survey within a week’s time.

The court has also directed BMC commissioner Subodh Kumar to state, on affidavit, the civic body’s action plan to remove unauthorised structures.

“We have to ensure proper enforcement of civic laws,” said the division bench of justice PB Majmudar and justice Amjad Syed.    “It is high time the BMC ensured no unauthorised constructions come up in the city. There has to be some civic sense, or it will become difficult for law-abiding citizens to live here,” the judges said, while pulling up BMC officials for allowing Balaji International School in Malad to add six illegal floors to its 11-storey structure.

The judges expressed concern over the tendency of some builders to construct unauthorised floors and to encroach upon open spaces and slum dwellers’ homes.   “These builders would not bother about the common citizens’ discomfort,” the judges observed. They then asked BMC counsel AY Sakhare, “But, what about you?”      The judges insisted that the civic chief put his house in order first to ensure no illegal or unauthorised construction came up within city limits.

Meanwhile, the Balaji International School has challenged the civic body’s action of demolishing an electricity sub-station, necessary for ensuring adequate power supply to the school, constructed by Reliance Energy on a plot reserved for a playground.    What irked the judges in the matter was that the school went on to construct an 11-storey structure despite BMC’s sanction for a five-storey building, and a subsequent stop-work notice.   The civic body, however, later regularised the building following the state government’s decision to grant FSI of 4 for the school building.
 

comment:   Mumbai HC acknowledges the fact that :

a)  BMC own dept is functioning in violation of the Laws.

b)  BMC, a civic body, DOES NOT HAVE CIVIC sence

c)  Law-abiding citizens are tortured by BMC

here's the order of Mumbai Hc, in the above petitions

WRIT PETITION NO. 2244 OF 2010 (original)
WITH
PUBLIC INTEREST LITIGATION (L) 80 OF 2010

CORAM : P.B. MAJMUDAR AND A.A. SAYED, JJ.
DATE : 18TH JANUARY , 2011.

1. In response to our order dated 7th January, 2011, the learned Senior Counsel Mr. Sakhare for the Corporation states that Mr. Subodh Kumar, Commissioner, Municipal Corporation, Mumbai is having some genuine difficulty today, as there is a pre-fixed meeting. The Deputy Director of Engineering Services Department, Mr. Shintre is present on his behalf. After taking instructions from the said officer, Mr. Sakhare, Sr. Counsel, fairly states that it is true that inspite of stop work notice being given, the petitioner carried out construction of additional 6 floors. It is submitted that as per D.C. Rules and in view of the decision by the State Government to give Additional FSI, ultimate decision is taken by the Corporation to regularize the same. The learned Senior Counsel Mr. Dhakephalkar, appearing for the petitioner in PIL (L) 80 of 2010 has pointed out that the additional FSI is given to the institution in view of a letter written by an MLA from Paithan Mr. Waghchoure. Mr. Dhakephalkar, learned Senior Counsel, further states that another MLA of Mumbai Mr. Khosa has also recommended to the State as well as the Corporation for granting additional FSI to the petitioner School. Such letters are required to be ignored. It is unfortunate that in the matter of unauthorized/illegal construction, the MLAs have given letters recommending the authority to regularize the same. It is high time that such an attempt should be discouraged by the Local Authorities as well as by the State Government. It is unfortunate that even though in a given case Corporation's stop work notice is ignored by the builder and the construction is carried out in flagrant violation of stop work notice, yet either the State or the Local Authority are taking decision to regularize the same. The learned AGP for the State as well as Mr. Sakhare, Sr. Counsel for the Corporation, may state to the Court by next date as to whether it is mandatory to regularize the construction or to grant additional FSI in favour of a person who has violated the civic laws or carried out construction ignoring the stop work notice. It is high time that civic body may take appropriate action to see that illegal construction may not be carried out henceforth in the City and law is properly complied with by taking appropriate action against the erring persons.

2. Mr. Sakhare, learned Sr. Counsel for Corporation points out as to what steps are required to be taken against the particular Architect, Engineer as well as officer concerned who have allowed illegal construction in spite of stop work notice. Particulars in this behalf be given by the next date. The Commissioner may file appropriate affidavit by the next date. The Corporation to carry out periodical survey of the entire city and to find out as to how many illegal/unauthorized/illegal extension/ encroachments are being carried out. Mr. Sakhare, further submits that it may take considerable time to carry out the survey of entire city but initially survey regarding PNorth ward will be carried on and record of such survey will be placed before the Court on the next date of hearing. The Corporation shall point out as to how many illegal constructions are there in that area and as to upto what extent the encroachment is there in the said area.

3. The learned AGP to file reply of the State Government and make its stand clear as to whether if any builder violates the provisions of the Act and has violated stop work notice, yet the benefit of regularization or granting additional FSI can be given to such erring builder. Before granting additional FSI, the State Government is directed to go through the file of the Corporation and find out whether the concerned builder has violated the directions or orders issued by the Corporation. A person who violates law cannot ask for any discretionary relief from the Corporation or from the State Government. With a view to curb such activities of illegal constructions, the Government may also make its stand clear by giving necessary directions to the local authorities in the State in this behalf. The learned AGP states that State will take necessary steps with regard to illegal construction and will direct the concerned department to take a particular decision under the provisions of law asking them to issue necessary guidelines. The AGP to file reply making the stand of Government clear before the next date.

4. The learned Counsel for the partitioner- Shri Balaji International School, submits that whatever may be the illegal/unauthorized construction as per the notice of the Corporation, they will remove the same within one week. However, it is difficult for the School to remove the unauthorized construction of garage, as there is an interim order of the Civil Court for 100 sq. feet. The learned Counsel for the petitioner states that after removing the unauthorized construction, report will be submitted to the Corporation within a period of one week from today, except removal of garage portion.

5. Before the next date of hearing the Corporation may also point out the progress regarding survey report. If the petitioner is not in a position to remove the unauthorised garage beyond 100 feet, steps should be taken to remove the same provided the said part is not covered by any injunction order of any Court. The learned Counsel for the petitioner School to give complete set of the papers/petition to the learned AGP appearing in the matter including the petition filed by BMC.

( A.A. SAYED, J. ) (P.B. MAJMUDAR, J.)

in continuation of above :

BUILDERS, ARCHITECTS on HC radar for flouting rules
(Times of India, Mumbai edition dated 22-02-2011 at page no. 04)

Court Asks BMC For List Of Violators Of Construction Norms

Mumbai: The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to submit a list of builders in the city who flouted the law when carrying out constructions. It also sought information on action taken against architects for violating building norms.

   A division bench of Justice P B Majmudar and Justice Amjad Sayed on Monday granted four weeks to the BMC to prepare the list of erring builders. The civic body has also been directed to state in an affidavit the number of builders prosecuted by them so far. “Give us particulars of the number of builders prosecuted by you (BMC) and publish the names of builders who have been blacklisted by you in newspapers,” observed the court. BMC counsel Anil Sakhare sought time to submit the list.

   The court also directed the Delhi-based Council of Architecture to instruct its members to be careful while allowing their clients to carry out constructions across the country. “If constructions are in violation of local norms then the architects should be made to lose their licences. You should give this message to all your members by giving publicity in newspapers in four weeks,” remarked the court. The counsel for the Council of Architecture informed the court that they will take action against guilty architects after scrutinising complaints sent to them.

 
   The court has also directed BMC to inform if any steps have been taken by it against any architect for violating building construction laws.     It observed that the BMC should take strict action against the builder or party which goes ahead with construction after receiving a stop-work notice. “You should not regularise such structures,” said the court.

   The court was hearing a petition filed by the Malad-based Balaji International School, which was also accused of encroachment. The school moved the HC last year after the BMC demolished an electric sub-station in their compound causing power failure.

The court pulled up the school’s architect Umesh Bhat, who was present for hearing. However Bhat in his defence said that he had written to the BMC from time to time and to the school and informed Balaji International not to go ahead with further construction.
 

Keep Smiling .... Hemant Agarwal

in continuation of the above :

Illegal buildings data too large to compile: BMC
(Times of India, Mumbai Edition dated 23-02-2011, @ page no. 01)

Mumbai: On January 18, the Bombay high court flayed the BMC for the “total lawlessness” prevailing in Mumbai due to illegal construction and asked P-North Ward officials to carry out a survey of all such construction in the ward. However, the P-North building proposal department recently replied to a Right to Information query saying the data on illegal construction activity in the ward is so voluminous that officials are unable to compile it.

P-North (Malad area) officials, who were asked for details of  “work beyond permissible limits”  by Kandivli resident Mehul Kataria, said it “would disproportionately divert the resources of this office” to compile the list.

Kataria, who filed his RTI queries in December, received similar replies from four wards in the western suburbs—including P-North—in January and February.

 If Right to Information (RTI) replies from the BMC are anything to go by, there is so much unauthorized construction in the city that it is impossible for the civic body to give RTI applicants a list of the illegal works.

   In the most recent case, Kandivli resident Mehul Kataria received RTI replies from four wards in the western suburbs saying that the data on “work beyond permissible limits” is so voluminous that they were unable to compile a list of erring developers.

   Interestingly, one of the four wards is the P-North Ward (Malad area) whose officials the Bombay high court ordered to do a survey of illegal constructions. The BMC’s order came on January 18 while hearing a petition filed by Balaji International School, Malad, which wanted to rebuild a substation the BMC had demolished. During the case’s hearing, it emerged that the BMC had issued notices and filed an FIR against the school for building beyond five storeys, and later regularized the extra floors.

   Kataria first asked the civic chief for details of construction sites in 10 wards of the western suburbs where “work beyond permissible limits” had been carried out.   Former civic chief Swadheen Kshatriya’s office sent the request to the concerned ward offices, while Kataria also applied to these offices for the information. “I was asked to make individual applications to all these wards. I got the same reply from most of the wards’ building proposal departments, which deal with this matter,” said Kataria.

   Kataria had asked for instances where construction had exceeded the approved commencement certificate plans, the name of the developer and the descripttion of the construction. He had also asked for details about action taken against developers and the current status of the construction.      P-North’s building proposal department replied: “The compilation of data would disproportionately divert the resources of this office; hence, as per clause no 7 (9) of the RTI Act 2005, this office is unable to provide the information desired by you. However, if you point out any specific case with details like city survey number, village, building proposal file number, it will be easy for this office to provide the information. You may visit this office for the inspection of the same and may seek the information in the form of copies of documents if you desire so.”

   Deepak Kulkarni, deputy chief engineer, building proposals (western suburbs), told TOI that if the information is too voluminous, it can be denied under the RTI Act. “We are shortstaffed and to give information of such quantity is very difficult. We will not deny any details if there is a specific case,” he said. Kataria, however,    said, “Although the department has the information, it does not want to provide it to us. If the information is there, there is no reason why it cannot be given to us. For citizens, it is not easy to know the CTS (city survey number) number, file number etc,” Kataria said. “Not only this, they did not provide me with the list of developers against whom action has been taken in the past.” The Bombay high court on Monday asked the BMC to furnish a list of    builders who have been prosecuted.

The Bombay high court last month rapped the BMC for the “total lawlessness” prevailing in the city with respect to mushrooming illegal construction and the civic body’s failure to act against it. The court’s observations came while hearing the Balaji school case.

CLAMPING DOWN

High court has asked BMC to submit in four weeks a list of builders who have carriied out illegal construction The civic body has also been directed to state in an affidavit the number of builders prosecuted by them The names of blacklisted builders should be published in newspapers The BMC must also give a list of architects against whom action has been taken The court also directed the Delhi-based Council of Architecture to instruct its members through newspapers within four weeks that they would lose their licences if involved in unauthorized construction .
 

COMMENT :  CORRUPTION UNABATED in BMC

CLOSE DOWN BMC, LET PVT PERSONS RUN IT:   HIGH COURT
(Hindustan Times dated 25-02-2011 @ page no. 01)

Pointing out that 60% of cases landed up in court because of the civic body's inaction, the Bombay High Court on Thursday said the Brihanmumbai Municipal Corporation (BMC) should be “closed down“ and “private persons“ allowed to run it.

A division bench of justice PB Majmudar and justice Amjad Sayed said this during the hearing on a petition filed by a BMC engineer, Ravindra Tripathi, challenging the civic body's decision of suspending him for 16 months, then revoking the suspension and ordering a departmental inquiry. He has also challenged non-payment of salary after he resumed duty in March 2010.

On the issue of salary, justice Majmudar said, “You cannot stop it.“ When the BMC advocate and civic officials present in court were unable to offer a satisfactory explanation, the judge said, “The court is burdened unnecessarily with such cases. 60% of matters come to court because the corporation takes no action.  It is a sorry state of affairs.“

The Bombay High n Thursday said a Court on Thursday said a responsible civic officer should be present in court on Friday for the hearing of a case related to suspension of a BMC engineer and non-payment of salary to him after he resumed duty in March 2010.   The BMC advocate, Komal Punjabi, offered little explanation on the salary issue on Thursday.  She said she did not have instructions due to the involvement of more than one department in the matter. Even civic officials present in court were unable to give proper information.

The bench said that if they were not satisfied with the explanation offered by the officer who appears on Friday, the officer would have to pay 12.5% interest from his/her salary.   Justice Majmudar said: “If it's more than one officer, they will collectively have to pay out of their pockets. We will not put any burden on the exchequer. Why should the citizens suffer?“ Tripathi has said in his petition that he joined the BMC in 1976 as junior engineer. In May 2005, he was on deputation with the Slum Rehabilitation Authority as sub-engineer.

ILLEGAL CONSTRUCTION IN LOKHANDWALA
(Times of India, mumbai edition 12-04-2011, page no. 02)

BMC singles out flat, rapped

Mumbai: The BMC’s troubles continue unabated. The Bombay high court on Monday sought an explanation from the corporation as to why it had singled out a flat owner of a building complex in posh Lokhandwala for an illegal construction that he had put up. This was in the face of allegations that 88 other flats in the building had carried out similar unauthorised constructions.

This is the second time within a week that the BMC is earning the censure of the high court over its ‘‘unequal’’ treatment of persons who put up illegal constructions.

A division bench of Justice Ranjana Desai and Justice Rajesh Ketkar has asked the BMC to file an affidavit explaining the reason why it has not take action against the 87 flat owners of Benhur building at Lokhandwala Complex, Andheri West. The affidavit would also have spell out what action the civic body proposes to take against others, the court said.

The court was hearing a petition filed by Viren Jagani, a sixth floor resident of the building challenging a demolition notice issued by the BMC. His crime was one commonly committed in many housing societies in the city - Jagani was accused of enclosing the balcony and open duct area of his hall, two bedrooms and kitchens. The BMC said that he had extended the area of his flat illegally.

Advocate Uday Warunjikar, counsel for Jagani, informed the court that of the 112 flats in the building complex, 88 flat owners had made similar alterations, by enclosing the open area with grills and sliding windows, including the chairman and committee members of the housing society. ‘‘This is an act of arbitrary discrimination, as it singles out Jagani for punitive action,’’ said Warunjikar.

The court asked the BMC to clarify its selective approach, even as it advised Jagani to demolish the unauthorised construction on his own.

Last week, the high court had similarly rapped the BMC for targeting the resident of a building at Prathana Samaj for demolition of the illegal wall he had put up, while turning a blind eye to irregularities by other residents. “The corporation is expected to treat all citizens equally (when it comes to illegal constructions),” the judges had said, adding, “We record our displeasure at the conduct of the BMC. What is unauthorized must go.’’
 

MAY IT PLEASE YOUR HONOUR,

In spite of Warnings given by H'ble High Court B.M.C. is still found to allow the illegal construction by a builder. My complaints are pending before the Executive Engineer as well as Building & Factory Department  B.M.C. H-West Ward without action. Now the builder has started another illegal consruction at the moment vaccatiion period of the H'ble Court started and the B.M.C. is not responding. It is a Contempt of Court. The said action of the officers made Karle Chawl occupants to live like animals. The Patra Chawl is bounded by four buildings around and the builder consumed entire F.S.I. without consent of the occupants and then going to bifurcate the property. Please Help Us.

Thanking You,

Yours Truly,

Sadanand B. Panchal

( Complaint letters dated 1)10-07-2007 , 2)18-05-20093) 3-03-2011 (4) 1-04-2011 CE / 2084 / WS / AH, Date of I.O.D. 1 June 2006, Dunhill Building Project, C.T.S. No.1635, City Survey No. 316, Hissa No. 2)