The Indian Express                19.04.2013

BMC gets lever to bypass civil courts before demolition drives

The 515 (a) amendment lets the civic body demolish illegal
structures without intervention by way of stay orders promoters of
illegal constructions normally obtain from city civil courts. To effect
to the amendment, BMC has empowered 64 designated officials — executive
engineers — to function as a demolition squad. These officials are also
protected from intervention by senior BMC officials, including deputy
and assistant municipal commissioners.

There will be only two-three wards under the jurisdiction of each
of these 64 designated officials, ensuring better action. They will not
only undertake demolition work in the 227 corporator wards but also
closely monitor and identify illegal and unauthorised buildings.

“Earlier, action against illegal structures would get mired in
legal tangles as most people would get stay orders from civil courts.
This amendment seeks to stop this racket,” said BMC commissioner Sitaram
Kunte.

Before the amendment, BMC was required to issue a notice to
illegal structures under sections 351 and 354 (a) of MMC Act before it
could go ahead with demolitions.

Kunte said the civic body would now be able to act against
multi-storey buildings. “We are also appointing a private agency to help
with demolitions,” he said.

The agency would have the right machinery and safety measures in
place to undertake large demolitions, including of buildings with
reinforced cement concrete (RCC). The amendment, which does not apply
to illegal structures in slums, however, will not stop the affected
parties from seeking stays from Bombay High Court.

But Kunte believes getting a stay from HC would not be easy.
“Here, the proof of legality of a structure needs to be attached with a
writ, which is not generally available as most of these cases have
severe illegalities,” he said.

Following the Mumbra building collapse that claimed 74 lives, BMC has
set stringent guidelines for action against unauthorised, and
dilapidated and dangerous buildings. The civic body has demolished
18,309 residential and 11,227 commercial structures in the past three
years and removed 30,272 slumdwellers.