224 illegal constructions came up in Cantonment area in last 5 yrs: RTI

This piece of information surfaced in a reply to an RTI filed by a cantonment-based lawyer,Advocate N K Bhog,a copy of which is with this paper.

According to the RTI reply,these 224 constructions are listed in some of the most prime locations within the cantonment area,including Bhimpura,MG Road,Moledina Road,Taboot Street among others.

The PCB,in its reply,has claimed that “notices have been issued under Section 248 of the Cantonments Act 2006” to all these constructions. But Bhog insists nothing more than that has taken place.

“The board has been issuing notices,but the matter has not moved beyond that. PCB has not demolished illegal structures in the past five years,” Bhog said.

According to rule,illegal structures within the cantonment limits are served demolition notices under Section 248 of Cantonments Act 2006,followed by demolition. The owners may appeal to Principal Director Defence Estates (PDDE) against the demolition notice.

“When Pune Municipal Corporation and Pimpri Chinchwad Municipal Corporation can undertake demolition drives to eradicate illegal structures,we fail to understand what stops PCB from razing to the ground illegal structures within its limits. The seals on these structures by the PCB have been removed and the constructions completed despite notices,” he added.

The RTI reply which is as recent as April 14 reveals that demolition notices were served to 41 illegal structures in 2008. The number increased to 47 in 2009. In 2010,46 additional structures came up. The number dropped to 25 in 2011 but increased to 45 in 2012. Till March this year,as many as 14 illegal structures have already been served notices by PCB.

According to the board’s vice-president Arti Mahajan,the problem boils down to FSI norms in the Cantonment.

The present FSI (Floor Space Index) in civil areas is one. As a result,when it comes to reconstruction,the owners end up constructing spaces smaller than the old structures.

In order to do away with the problem,it is a commonly observed practice for owners in this area to apply for repairs of their dilapidated properties,and go for reconstruction instead of repair as soon as their applications are sanctioned by the PCB engineers.

It is this act that has resulted in structures being tagged illegal. “The owners have no option but to go for reconstruction given that structures in cantonment board are very old and often very weak. We had asked for the existing FSI norms to be given for reconstructions,but it has not come through.

“Ideally,I feel that the laws need to be amended and made more practical. Revision of FSI,including a height restriction,could be some of the amendments in this case,” she added.

Till 2006,the PCB was the appellate authority against notices issued under Section 248 of the Cantonment Act. Post 2006,the Principal Director Defence Estates (PDDE) is the appellate authority. “PDDE has 19 cantonments under its jurisdiction and appeals thus become a lengthy process,” said a PCB official.