The Times of India  25.08.2010

MUMBAI: It turns out that structural engineer Sailesh Mahimtura, who cleared his own proposals worth crores of rupees as a member of the highrise committee, did the same as a member of the Mumbai Heritage Conservation Committee (MHCC). When he vociferously backed one of two plans for the beautification of the Gateway of India, he did not disclose that he was the structural engineer for that bid. His colleagues found out when the giant board bearing his name went up at the site.

Now, his arrest in the highrise case is having a ripple effect on the workings of the BMC's heritage committee. A new circular issued by the state urban development ministry makes it mandatory for heritage committee members to leave the room if their proposals are being discussed.

Until now, members of the MHCC were at liberty to participate in any debate and vote to clear their own proposals. In fact, when this correspondent pointed this out to former municipal commissioner Jairaj Phatak, he had retorted that the same could be said of ministers who own educational institutes or medical colleges.

However, observers say this points to a conflict of interest and violates the basic principles of justice. "How can an interested party retain its objectivity during a debate? Judges also refuse to sit on cases in which they have a stake, so this principle should apply across the board,'' says activist Nayana Kathpalia.

Recalling the case of Mahimtura, a former member says he has been a government appointee to the heritage committee for over two or three terms. "At that time, we received a beautification proposal for the Gateway from architect Charles Correa backed by the UDRI and the Colaba Tourist Welfare Association. Mahimtura, meanwhile, advocated the rival bid of P K Das who was working with Intach. Finally, Intach won the contract, and it was only when a board went up mentioning the names of the consultants that we saw he was the structural engineer for the project.'' The Colaba association had complained to MHCC but was met with silence.

Even now, despite the UD circular making it clear that no member having a stake in any project should be present at the meeting, sources say that the rule is being selectively applied to conservation architects. "Structural engineers are still free from liability,'' says an observer.

However, MHCC chairman Dinesh Afzulpurkar claims that for two years, he has been asking all parties to declare their interest and refrain from participating in a discussion involving themselves. "The rule always existed though the circular may have served as a reminder,'' he says.