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Prasanna Khapre-Upadhyay
MUMBAI, March 4: A Shiv Sena corporator or a slumlord? When an elected representative encroaches into the realm of a profiteer, the law does not discriminate. Sena corporator Sanjay Potnis, who has made full-time business of encroaching, extorting money and renting out illegal structures is among 17 other slumlords to be charged under the unyielding provisions of the Maharashtra Prevention of Dangerous Persons, Slumlords and Drug Offenders Activities Act, 1981.
Potnis, elected from Santacruz (E), has been named in a list prepared by civic officers attached to Zone III (Bandra-Andheri) and in a confidential report dispatched to the police. The report charges Potnis with making money by renting out illegal premises in his ward and encroaching on land belonging to the state government and the Brihanmumbai Municipal Corporation (BMC).
The proposed action is part of a unique initiative being undertaken by both the BMC and Mumbai police to smoke out slumlords from illegal structures on civic and governmentland. Only, the police are hamstrung to arrest such offenders under the act unless there is corroboration from the civic authorities.
According to a civic official, ``Potnis has made it a full-time business to abet illegal constructions and also extort money by intimidating local residents. Despite repeated notices, Potnis did not stop his activities, which prompted us to try and get him arrested under the MPDA.''
Potnis, the first corporator who will be charged under the act, will also mark only the fourth instance when the act has been used against slumlords in Mumbai. Not that it was easy. Being an elected representative from the ruling party, pressure was exerted by senior Sena leaders in the corporation to drop Potnis's name from the list.
Arrests of slumlords under MPDA are gaining momentum only now, with the Crime Branch taking an active interest in cracking down on these offenders. Now, the synergy between the BMC and police will make this possible.
Deputy Municipal Commissioner,Chandrashekhar Rokde, who holds the Encroachments portfolio, had first stoked interest in using the hitherto dormant section of the act in October last year. Letters were dispatched to all 23 ward officers, explaining its effectiveness as a weapon against slumlords. Rokde, a former police officer, had also asked them to submit lists including potential offenders besides soliciting the cooperation of the police.
He told Express Newsline: ``I was surprised to find such a useful act lying dormant for 17 years since it was enacted largely due to ignorance among officials.''
He explained that potential offenders are persons who benefit monetarily from illegal constructions, which excludes individuals who build and reside in these structures. Till date, the legislation has been widely used by the police only against bootleggers and other dangerous persons as defined by the act. Slumlords somehow escaped their attention.
In February this year, Deputy Commissioner of Police (Zone III) K L Prasadreciprocated and wrote to all 23 ward officers asking them to furnish lists of slumlords in their wards via their respective deputy municipal commissioners.
His letter states, ``In spite of adopting several measures, Mumbai city is steadily sinking in the grip of slums. The problem of slums and slumlords has become critical. It is our prime duty and responsibility to check this problem. It is therefore requested that the information with regard to persons indulging in illegal activities involving taking possession of government land, creating illegal tenancies and using intimidating methods to collect rent may please be supplied to this office at the earliest.'' Prasad has also urged the ward-level staff to cooperate. He has asked them to furnish complaints under the Metropolitan Regional Town Planning (MRTP) as well.
The first arrest under MPDA was effected by the Vakola police, who apprehended one Anthony Carlos last month. Charged with erecting illegal constructions and trespassing on state governmentland at Khotwadi in Santacruz (W), Carlos is currently lodged in the Nashik jail. This was followed by two more arrests in the western suburbs.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.
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