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Urban Encroachment

Civic chief seeks spl force to tackle encroachments

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Indian Express 15.04.2010

Civic chief seeks spl force to tackle encroachments

Nisha Nambiar Tags : encroachments, corporation Posted: Thursday , Apr 15, 2010 at 0407 hrs

Pune: Pune Municipal Commissioner Mahesh Zagade has sought the government’s nod for a corpus to be set aside to form a dedicated police force that will tackle the increasing encroachments in the city.

After the issue gained importance since the German Bakery blast, (it has been established that the bakery had encroached land), the city administration has come to the conclusion that a dedicated force was needed to curb the menace as encroachment was an issue not only in Koregaon Park but across the city.

“I forwarded a proposal last week to the state government seeking a corpus of Rs 9 crore. I have also demanded that a dedicated police team and support staff be set up for anti-encroachment drives in the city,” said Zagade.

The municipal commissioner is hoping to get a dedicated team of 400-500 personnel for this task. He has taken up the issue with both the Urban Development Department and the Home Department.

With encroachments in all pockets, he said he is planning to decentralise power and make ward officers responsible for encroachments in their wards. “A separate unit under the city engineer and zonal commissioner will head this department and all ward offices will be asked to monitor encroachments. The onus to tackle encroachment would be with the ward officers and they will have to pay a penalty if they fail to carry out this task,” said Zagade.

According to the commissioner, till now there has been no inventory on the number of encroachments in the city. “For the first time, we will have a list and it will be given to all ward officers who will be responsible to pull down illegal structures, said Zagade.

Zagade has already started conducting surprise checks, even at 6 am; “but no corrective measures can be taken in the absence of a dedicated police force,” he said.

The civic chief had recently called a meeting of all department heads and encroachment on roads, footpaths, cycle tracks, service roads, besides illegal banners, dumping of rubble and wastes into the rivers and illegal construction were discussed.

Last year, the civic body had initiated a drive against encroachments in the city as per an order issued on December 31, 2009 by Zagade. However, the drive did not prove effective. It was only after the blast that the PMC pulled down illegal structures on North Main Road with backup from the city police.

Last Updated on Thursday, 15 April 2010 10:53
 

MCD notice to temple over 'illegal' room

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The Times of India 05.04.2010

MCD notice to temple over 'illegal' room

NEW DELHI: The Municipal Corporation of Delhi (MCD) has issued a show-cause notice to the management of a prominent Hindu temple in the city for alleged unauthorized construction of a room in the temple premises.

Official sources said that the notice was issued on March 30 by the MCD’s south zone office to Shree Yogmaya Mandir in Mehrauli area of south Delhi after an assistant engineer (building) allegedly found violations when he inspected the temple.The temple is also an integral part of the annual festival of Phool Walon Ki Sair.

In its reply to the notice, the Shree Yogmaya Mandir Welfare and Management Society, said the allegation in the show-cause notice are ‘‘false and frivolous’’. The society also claimed that the intended action of demolition of the alleged unauthorised portion will lead to demolition of the temple.
 

Consumer Forum strikes down demolition order

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The Hindu 30.03.2010

Consumer Forum strikes down demolition order

Raghava M.

It does not come under our purview, says State-level forum

 


Association can only sue for deficiency of service

‘Approach Mangalore City Corporation on building plan violation'


BANGALORE: The Consumer Protection Act permits an occupant of a building constructed in contrary to the approved plan to claim damages against the builder. But directions cannot be issued under the Act for removal of the illegal construction.

The Karnataka State Consumer Disputes Redressal Commission held this while turning down the judgment of the Dakshina Kannada District Consumer Disputes Redressal Forum, Mangalore passed against Siraj Ahmed, promoter and constructor of multi-storied residential apartment “Inland Elite” in Mangalore.

In its decision of March 1, the Commission said: “Under the Consumer Protection Act directions cannot be issued for removal of illegal construction put up by OP 1 (the promoter and constructor) contrary to the approved plan.”

The apartment owners' association, the commission said, “can succeed to claim compensation for causing deficiency in service to the apartment owners and it cannot seek direction of the District Forum for removal of such encroachment etc”.

Before the District Forum, the apartment owners association contended that the promoter and constructor did not furnish the owners the plans approved by the Mangalore City Corporation at the time of execution of agreements of sale and sale deeds.

The promoter built a penthouse in violation of building licence referred in the Deed of Declaration. The penthouse encroached upon 1,445 sq ft of the declared terrace area of 3,749 sq ft. The penthouse had deprived them of the legitimate common area.

The penthouse had to be sold to Amrith Nayak, who had sold the same to Arun Shetty.

The builder was accused of creating 23 car parking slots on the basement of the buidling. He was accused of failing to rectify the defects in the electrical installations pointed out by the MESCOM.

The District Consumer Forum had directed the builder to demolish the illegal construction put up on the terrace and on the basement. It had asked the builder to comply with the defects pointed out by the MESCOM.

Approach MCC

The State Commission members comprising president K. Ramanna, T. Hariappa Gowda and Rama Ananth said the apartment owners' association can move the Mangalore City Corporation for removal of illegal construction.

It remitted the matter back to the District Forum for reconsideration.

Last Updated on Tuesday, 30 March 2010 05:46
 


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