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In Pimpri, over 1000 citizens face criminal charges for illegal structures

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The Indian Express                22.05.2013

In Pimpri, over 1000 citizens face criminal charges for illegal structures

As many as 1,240 citizens, including builders, face criminal charges, with the Pimpri-Chinchwad Municipal Corporation filing first information report (FIRs) against them for setting up constructions without requisite permission from the civic body. The figure of FIRs filed, civic officials said, is the highest in the three-decade history of the civic body.

The civic body's action has caused a consternation and anger among citizens who set up these illegal structures, as they may face jail term ranging from three months to three years if the charges brought against them are proved in the court of law. In addition, the errant citizens will also have to pay a fine that may amount to anything between Rs 10,000 and Rs 50,000. "If the violation continues, citizens will have to pay a fine of Rs 1,000 for each day until they demolish the illegal structure," said Municipal Commisisoner Shrikar Pardeshi.

Civic officials said that until May 7 this year, PCMC had filed 970 FIRs against such violators and between then and May 21, nearly 300 FIRs have been filed.

The civic chief said that there was no provision for withdrawing the FIRs. "The errant citizens will have to face criminal proceedings for doing an illegal act," he said. Pardeshi said before filing the FIRs, they had followed the necessary process. "After carrying out the panchanama of the illegal constructions, notices had been issued to these citizens. They were given a hearing and if they failed to prove their construction is legal, they were told to demolish the structures. If they failed to follow the directives, FIRs were filed," he said.

Rubbishing allegations his administration is unnecessarily targeting citizens, Pardeshi maintained that the citizens have been given due opportunity to prove the legality of the buildings. In cases of as many as 99 cases, PCMC did not file FIRs. "These are citizens who had demolished the structures on their own. So we were not required to file FIRs against them. FIRs are filed only when citizens fail to act positively despite warnings," he said.

So far, PCMC has conducted panchanamas of 2,712 structures, Pardeshi said. "FIRs have been filed against 1,240 citizens till date and in all, we are set to file FIRs against 2,613 citizens," he said. Over 250 illegal structures have so far been demolished.

Ironically, even after illegal structures are demolished, PCMC officials said, FIRs are not withdrawn. This amounts to a double blow to citizens. "First FIRs are filed which means citizens have to face criminal proceedings and then their illegal constructions are razed ," civic officials said. In addition, the civic chief said that the citizens who owns the illegal structures are being made to bear the cost of demolition. "They also have to pay for police security during the demolitions," said Pardeshi. According to the civic officials, these costs are being recovered from property tax.

Lashing out at PCMC's move to make the citizens pay for the demolition and yet face criminal charges even after the buildings have been razed to the ground, MP Gajanan Babaris says, "Once the structures are demolished, PCMC has no right to initiate with criminal proceedings against them. They should be withdrawn immediately. You cannot have two punishments for one wrong deed," he said. Babar said his party, Shiv Sena, will approach PCMC seeking withdrawal of the FIRs.

Drawing attention to the anger and resentment among people due to the action being taken by the civic body, activist Manav Kamble warned, "We hope this kind of civic action will not create any problem in the town."