In new order,civic chief goes soft on building violations

In January,Subodh Kumar had ordered that all unauthorised structures,including construction work carried out beyond the scope of approvals,be demolished after giving developers 24 hours’ notice to prove that they have permissions. The civic chief has now introduced a 30 per cent fine if there is change of user or activity within the approved building. Also,for alterations or interior work such as erection of cabin or partitions within approved building or unauthorised excavation work,a fine of Rs 425 per sq metre from the earlier Rs 400 per sq metre has been introduced.

In a seven-point circular issued last week,the municipal commissioner has allowed for regularising/retaining of works that have been done beyond the scope of permission or approved plan or commencement certificate (CC) within 30 days following a BMC notice under Section 53(1) of Maharashtra Regional Town Planning Act to owner or developer.

The new circular states that “the building mukadams from Building Proposals department of BMC will take rounds everyday in their beat and submit daily report to the sub-engineer and assistant engineer concerned about detection of unauthorised work carried out beyond the scope of approval or without the commencement certificate being granted.” The engineer concerned,on getting the intimation from their building mukadam regarding such work,shall immediately issue a stop-work notice and ask to see permissions,if any,within 24 hours. In case the work being carried out is of approvable nature,the developer or builder will be given 30 days to file necessary documents and receive permission for retention of the work.

The new circular also adds that any disobedience in following the procedure will be treated as dereliction of duty on part of the municipal staff. Officials of the building proposals department or assistant commissioner of the ward will be personally held responsible if no action is taken against such erring staff,it says.

In the earlier circular,the commissioner had said it appeared common for builders to construct beyond the scope of an approved plan and the Commencement Certificate,following which civic officials merely issue a notice regarding the unauthorised construction,but never follow this up with actual demolition. Later,another notice is issued asking the party to restore the work to the original status and when the latter fails to do so,only a routine letter is sent to the police for initiating criminal prosecution. “This is highly objectionable. It does not deter unauthorised construction activity but indeed abets it,” the circular had stated.