The Hindu                         08.03.2013

Apartment complex: GVMC role comes under scanner

The complex, which is coming up on the land meant for community purpose in MVP Colony at Visakhapatnam.-Photo:C.V. SUBRAHMANYAM.

 

Residents’ association demands restoration of land to it for community purpose.

The CID naming IAS officer and former VUDA Vice-Chairman and GVMC Commissioner V.N. Vishnu in its FIR, has brought into focus again the unauthorised construction of an apartment complex at Sector II of MVP Colony.

The Greater Visakhapatnam Municipal Corporation has issued building plan approval for construction of an apartment complex in an area earmarked for community purpose. The GVMC authorities contended that VUDA being a higher authority on the proceedings (of allotment of land) given by it, building plan approvals have been given. The CBI probed the irregularities in the allotment after a High Court direction. Mr. Vishnu who was transferred from his position as Municipal Commissioner came and deposed before the CBI. Subsequently, the investigation was taken over by the CID. The Vigilance and Enforcement wing also probed the irregularities in VUDA and submitted a report to the government.

Though VUDA allotted the land, the ownership of the land could have been verified by GVMC officials who prepared the proposals for approval of building plan. It was learnt that Mr. Vishnu noted “approved” on the file.

Files seized

All the files relating to allotment in Survey No 5p and 6p were seized by CBI and are now with the CID. With the investigation now also focussing on the role of GVMC employees, mainly the City Planning Department, it is now expected that the actual investigation will zero in on who signed on the papers at various stages leading to the final approval by Mr. Vishnu. “Merely shifting the blame to VUDA is not justified. It’s incumbent on the GVMC employees to verify the ownership,” an official said. Meanwhile, the residents association has demanded that the land be restored to it so that it could be used for community purpose.

The Times of India                           08.03.2013

Charge violating builders, DTCP told

GURGAON: Punjab and Haryana high court has ordered the DTCP to register criminal cases against the builders who have committed gross, non-compoundable violation of the structure designing or zoning plan and sold plots to various people without getting the occupation certificate.

The court had passed these directives on February 19 while hearing the petition moved by the Ardee City Residents' and Flat Buyers' Association which had challenged the DTCP notice against the house owners who were living in the houses and floors without securing an occupation certificate in 2010.

On account of structural violations, the DTCP had rejected the applications for issuance of occupation certificate, the petitioners had moved to the court. The court was informed that the builders had constructed the houses in violation of the sanctioned building plan and sold them.

Last year the court had to conduct a survey to ascertain the quantum of violations of the building bylaws and to devise a scheme with which the violations could be regularized/ compounded and action taken against the erring builders, who have committed non-compoundable violations.

The Senior Town Planner (STP), Gurgaon, came out with a detailed measurement of these premises to find out the quantum and nature of violations and as to whether these violations are compoundable or non-compoundable under the existing policy. The survey revealed that out of 372 plots, 204 are fit for grant of occupation certificate because the violations committed on these plots are compoundable. In the remaining 168 plots, violations of building bylaws are non-compoundable and need to be rectified.

To get the possibility of rectification examined, the STP, Gurgaon, has sought a report from Pradeep Kumar Kulshreshtha, Structural Engineer, Engineering Associate-Consulting Engineer based in Delhi, who has stated that, based on preliminary observations, they are of the opinion that some of the violations are rectifiable without any damage to the safety of structure with proper engineering intervention and structural retro-fitting as explained in the letter.

After the hearing the court also directed builders and licensees, to move an application within one month under rules for obtaining occupation certificates from the DTCP, irrespective of whether they have earlier filed applications which may be pending or rejected. The court also ordered the STP, Gurgaon, to consider these applications with a positive attitude to resolve these problems of the thousands of allottees in the light of latest policy decisions taken by the government.

On the question of violations committed by the builders, the court held the DTCP will get them cleared from them after charging the compoundable fee or, if non-compoundable, direct them to remove those violations and in case there is violation in the structure designing, the builders can be imposed penalty after getting the revised plan, in preference to demolition. In case the builders or licensees have committed gross, non-compoundable violation of the structure designing/zoning plan and sold plots then it will be open for the DTCP to blacklist them for the future and to register criminal cases against them.