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Urban Planning

BMC grants 3 more months to remove irregularities in Worli highrises

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The Indian express              28.05.2013

BMC grants 3 more months to remove irregularities in Worli highrises

BMC has given top politicians, including ministers, three more month to correct irregularities in their flats/offices in the 14-storey Sukhada and 32-floor Shubhada buildings in upmarket Worli.

An earlier deadline set on April 4 and April 12 to remove the irregularities ended mid-May.

"We have given them a three-month extension. If they fail to meet the deadline, BMC will take stringent action," said municipal commissioner Sitaram Kunte.

The politicians, including deputy CM Ajit Pawar, BJP leader Gopinath Munde, state Congress president Manikrao Thakre, Punjab governor Shivraj Patil Chakurkar, state forest minister Patangrao Kadam, are accused of making illegal alterations and conversions.

Meanwhile, many residents of the twin high-rises have approached BMC to regularise the structures after receiving notices.

"BMC is yet to take a decision on the matter," a senior civic official said.

The BMC notices issued last month under Maharashtra Regional and Town Planning (MRTP) Act, after IPS officer-lawyer YP Singh and social activist Amit Maru raised the issue, target society members who converted convenience stores into offices and even gymnasiums. Most notices were for alterations on the ground floor of Shubhada.

Kadam received a notice for joining three shops in Sukhada into a gymnasium, while Ajit Pawar received two — one for converting two shops in Shubhada into a gymnasium and the other for converting a shop into an office.

Munde firm NV Distilleries received a notice for combining a shop and a basement room into an office.

His aide said, "We have received a three-month extension to regularise the structures and will ensure the irregularities are removed. In our case, the irregularities are minor. We are expecting BMC allows us to regularise the structure."

The buildings, which mostly house politicians, first attracted flak because the state government tweaked rules to allow additional floors.

Sukhada and Shubhada received additional FSI of an adjoining open plot to be developed into a garden, allowing expansion of built-up area by 30 per cent.

The state government de-reserved the open space despite BMC disapproval. It later come to light that the buildings in CRZ II zone also did not have mandatory environmental clearances. 

 

RMC worried over poor response to impact fee

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The Times of India              27.05.2013

RMC worried over poor response to impact fee

RAJKOT: Concerned over lukewarm response to the new impact fee norms, the Rajkot Municipal Corporation (RMC) is planning to carry out a campaign to create awareness about regularizing unauthorized buildings in the city.

RMC is also planning to hold a meeting with Consulting Engineers for the same.

The state government has passed impact fee law-Gujarat Regularization of Unauthorized Development Act-in September 2011 after noting the objections from Gujarat governor Dr Kamala. However, only 2,400 buildings have been regularized under the act so far. RMC has issued notices to over 30,000 unauthorized buildings out of which 8,900 applications were filed for regularization under the act.

According to sources, there are over 40,000 unauthorized buildings in city which fall under this law.

RMC has collected Rs 8.90 crore from authorizing such buildings and expects to earn around Rs 25 crore from the regularizing unauthorized structures.

"We will hold meeting with Consulting Engineers and try to know their problems, how to overcome them and how to encourage people to come forward to regularize their buildings before the August 19 deadline," said town planning officer, B H Rupani, RMC.

"Occupants and owners might face stricter action and RMC might cut off their drainage, water connections if they fail to apply for regularization by August 19,'' he said.

"The main reason why people are not coming forward to regularize is that all are getting the basic civic amenities even in their unauthorized structures. They have no incentive to spend their money just for regularization,'' said a senior RMC official.

In fact, few months ago, city BJP unit also started special impact fee cell to encourage people to regularize their buildings under the act.

 

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."
 


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