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Corporation has no building bylaws

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The Hindu 26.08.2009

Corporation has no building bylaws

Raviprasad Kamila

Draft regulations await Government approval since 2007

 


Civic body is still following MUDA’s zonal rules prepared in 1992

Corporation told to have a fire safety officer


MANGALORE: Although Mangalore is touted to be the fastest growing city after Bangalore, its city corporation is still working on having its own building bylaws.

The corporation’s criteria for issuing licenses for constructing buildings and completion certificates are based on the guidelines mentioned in the zonal regulations of the Mangalore Urban Development Authority (MUDA).

The MUDA prepared the zonal regulations according to its comprehensive development plan, which is now called the master plan, prepared in 1992 for ten years.

“Although the validity of the plan has expired, the corporation is still following the zonal regulation guidelines prepared by MUDA as the Government is yet to approve its new master plan,” town planning officer at the corporation Balakrishna Gowda told The Hindu.

The corporation was following the old guidelines, in accordance with the powers conferred on it under the provisions of Karnataka Town and Country Planning Act, 1961, he said.

The corporation prepared the draft of building bylaws in 2007. But, as the new master plan of MUDA had not been approved, the Government had asked the corporation to wait till the master plan was approved.

The Government had asked the corporation to make necessary amendments in its draft bylaws after MUDA’s master plan was approved. Hence the corporation would have to send its bylaws again to the Government for approval after making necessary amendments, Mr. Gowda said.

Minister in-charge of Dakshina Kannada J. Krishna Palemar told The Hindu that the new master plan of the MUDA would be finalised at a meeting in Bangalore on Wednesday.

He said that he would also be attending it.

Justifying the Government’s decision of withholding the corporation’s draft building bylaws Mr. Palemar said that there should not be any contradictions in the guidelines of the corporations building bylaws and the new master plan of the MUDA.

If both the guidelines do not go together, people would face problems he said and added that the corporation should incorporate the amendments in its draft bylaws wherever necessary.

The Section 295 of the Karnataka Municipal Corporations Act, 1976 does suggest that the corporations should have building bylaws. It states: “With the approval of the Government the corporation may make bylaws… with provision of means of egress (exit) in case of fire…”

Fire safety

Mr. Gowda said that since 2005, the civic body was demanding two certificates from the Department of Fire and Emergency Services for issuing licenses for construction of high-rise buildings and completion certificates. Builders, who took up construction of buildings with four or more number of floors would have to produce “no objection certificates” from the department for obtaining license for construction from the corporation.

Once a building was completed, its builders had to produce another “no objection certificate” from the department to secure completion certificate from the civic body, he said.

‘Deemed safe’

Mr. Gowda said that once the department issued the second “no objection certificate” the corporation would deem that all norms pertaining to fire safety had been adhered to by the builders.

No checking

“We do not make any periodical checking to ensure if those buildings have been maintaining fire safety measures,” he said and added that it was better if the civic body had a fire safety officer, which the corporation was lacking now.

Referring to the fire in a high-rise building near Ambedkar Circle recently he said that the building was constructed in 1994-95.

Last Updated on Wednesday, 26 August 2009 07:50
 

Only one apartment has official clearance

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The Hindu 26.08.2009

Only one apartment has official clearance

Sudipto Mondal

Many structures have come up without approval from the fire department

 


Deputy Commissioner’s direction on penalising violators of rules yet to be implemented

Fire department has rejected 38 of the 73 applications filed for no objection certificate


— Photo: R. Eswarraj

UNSAFE: Although the number of high-rise structures in Mangalore is increasing by the day, none of them are following the regulations governing the construction.

MANGALORE: The nine-storey “Roy Constructions” residential apartment on Vyasarao Road in Kadri is the only building in the entire city to have got a Clearance Certificate from the Fire and Emergency Services Department.

Making this shocking revelation to The Hindu on Tuesday Chief Fire Officer H.S. Varadarajan said that lack of fire safeguards in high-rise buildings was “alarming” and could have serious consequences in the event of an accident.

Mr. Varadarajan’s statements assume significance in the light of a major fire that broke out in the “Trade Centre” building on the Bunts Hostel-Jyothi Circle Road here on July 12.

The Clearance Certificate is given to a building only after it is fully constructed. And, the building can get an Occupancy Certificate – a document to be obtained from the civic body - only after it receives this clearance from the Fire Department. The question that begs to be asked then is, how did all the buildings in Mangalore get occupied? Do they have Occupancy Certificates? Or, did they occupy the buildings without even having an Occupancy Certificate?

DC’s letter

A letter written by the Deputy Commissioner to the Urban Development Department on July 3, 2008 throws partial light on the subject of Occupancy Certificates. In his letter, which was based on a random survey of 17 high-rise buildings in the city, the Deputy Commissioner observes that most of these buildings do not have occupancy certificates – indicating that they did not have clearances from the Fire Department either.

He goes on to recommend that as a punitive measure, the city corporation should “impose fines of up to five to 10 times the existing tariff for water and power” on the owners of these buildings. But, this recommendation has not been implemented.

The Deputy Commissioner makes another significant observation that Occupancy Certificates have been issued to these buildings despite the fact that they have “flouted building bylaws and fire safety regulations”. These buildings had been given Occupancy Certificates without having the Clearance Certificate from the Fire and Emergency Services Department. Mr. Varadarajan said that of the 73 applications for “No Objection Certificate (NOC)” received by his department from big builders, 38 had been rejected. These NOCs are given after verifying the blueprints of the projects and as per the rules, builders cannot start construction before obtaining these NOCs for their project proposals.

However, he admitted that several of these builders, whose plans had been rejected, had gone on to start their constructions. Sources in his department said that many builders used to apply for NOCs well after finishing the construction of their buildings.

Vidya Dinker, an activist from the Citizens Forum for Mangalore Development, said that her organisation had been battling the real-estate mafia behind these violations with limited success since 2004. Tracing the timeline of this battle she said that in 2004 her organisation had appealed to the then Deputy Commissioner, Mangalore Urban Development Authority, and the commissioner of city corporation. When that did not work, the forum approached the Urban Development Department, the Department of Municipal Administration, and the then Chief Minister D. Dharam Singh. Mr. Singh told the local authorities that Mangalore could not be exempted from the National Building Code. But, in October 2005, the city corporation, allegedly with the encouragement of local MLAs, cutting across party lines, mooted a resolution that the builders of the city need not follow safety guidelines.

This resolution was struck down by the Chief Secretary on 19 December, 2005. Ms. Dinker said: “But a few months later, we got specific information that the builders were trying to buy their way out and secure a one-time exemption. That is when in February 2006 we filed a writ petition in the Karnataka High Court.”

Last Updated on Wednesday, 26 August 2009 07:47
 

Slum-dwellers plan protest for water

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The Hindu 26.08.2009

Slum-dwellers plan protest for water

Staff Correspondent

It will be held on Friday by samiti

 


Public taps in the slums of twin cities are being removed: samiti

‘It is the responsibility of the HDMC to provide free water to slum-dwellers’


HUBLI: Slum-dwellers in Hubli and Dharwad will lay siege to the office of the Hubli-Dharwad Municipal Corporation (HDMC) in Dharwad on August 28 seeking steps for providing public water taps in their slums.

The protest will be staged under the aegis of “Hubballi- Dharwad Kolageri Nivasigala Samanvaya Horata Samiti” which is spearheading the agitation against the move to privatise water supply.

Addressing presspersons here on Tuesday, samiti adviser Ramanjanappa Aldalli and convenor Nabi Rasul Nadaf said that the public taps in slums were being removed and slum-dwellers who had taken water connections were being asked to pay water bill arrears.

Mr. Ramanjanappa said that some employees of the Karnataka Urban Water Supply and Drainage Board (KUWSDB) had threatened the slum-dwellers of seizing their property for non-payment of pending water bills. The slum-dwellers were not aware on what basis the pending water bills were being calculated, he added.

Mr. Nadaf said the slum-dwellers, who had individual water connections, were ready to pay for water if it was affordable. The KUWSDB officials had been issuing contradicting statements on the amount to be paid for regularisation of water connections. This had caused confusion among the slum-dwellers, he said.

Mr. Aldalli said that it was the responsibility of the HDMC to provide free water to slum-dwellers. However, on the pretext of taking steps to provide round-the-clock water supply, the public taps were being removed, causing hardship to poor people, he added.

Channavva Balappanavar of Laxmisinganakeri said that she had been asked to pay Rs. 12,000 towards pending water bills.

Mr. Aldalli said through the protest the samiti would urge the HDMC to provide more public taps in the slums in Hubli and Dharwad, fix low water tariff for slums and withdraw the pending water bills issued to slum-dwellers.

Last Updated on Wednesday, 26 August 2009 07:43
 


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