Friday, December 25, 2009

Public Life - BMC - Whither accountability?

Of all the depressing news going around from the shamelessly smirking DGP S.S. Rathore (a disgrace to humanity and to his uniform) to Shibu Soren auctioning himself to the highest bidder to the Telangana agitation to a governor allegedly caught in a sex scandal, let me initiate – hopefully - a discussion on issues at our doorstep and in our own backyard. I am referring to the BMC.

We read in the papers a few days ago that the Bombay High Court ordered the razing of 17 floors – illegally constructed - of Gagan Gaurav building in the suburb of Kandivli. It was built by Ravi Real Estate Developers [Incidentally, it’s ironical how these guys call themselves ‘developers’]. I read this news with mixed emotions.

Firstly, THREE CHEERS to the Bombay High Court for sending a clear message that illegal constructions will neither be tolerated nor regularised, and for recognising that indiscriminate regularization can have disastrous consequences. Not a moment too soon, I’d say.

Next, SYMPATHY & TEARS for those who had bought the flats in this building. The life savings of many have come to naught, not to speak of the huge burden on those who had availed of housing loans to buy these flats.

Finally, JEERS, BRICKBATS & BOOES for the Municipal Corporation that turned a blind eye to the illegal additions to the sanctioned floor area. The newspapers tell us that the BMC had sanctioned stilt plus seven floors in January 1992. However, during a “routine inspection” in 1997 (a good 5 years later, mind you – these guys are ever soooo busy!) the BMC officers “discovered” that the builders had constructed 24 floors!

Now what I’d like to know is, don’t these BMC officers take rounds to see what is happening? Were these 17 illegal floors so utterly cloaked in invisibility that the officers could not notice this? If you were to so much as put an awning on your balcony you will have these leeches at your doorstep. But 17 illegal floors was something that these fellows did not see, until 5 years later! And why did they wake up 5 years later? Yes, your first guess is probably the right answer.

Gagan Gaurav is not an isolated case. In March 2009, according to the DNA of this December 22, an entire illegal 7-floor wing of Bharat Nagar GHS at Chembur was demolished. Way back in 1996, 8 illegal floors of Pratibha building on Breach Candy were demolished. But this is just a miniature sample of what plagues Bombay. Scratch the surface and you will find that perhaps half the buildings of Bombay are illegal. But are these demolished? Oh no, they are regularized. And why are these not demolished? Again, your first guess is probably the right answer.

Yes, I do agree that as a buyer I should verify the title deeds and all the permissions obtained from the municipal authorities. But then . . . Call me naïve, but I have EXPECTATIONS from the government. I do EXPECT that a corporation functioning under the Government will be vigilant enough to ensure that a builder delivers according to the letter of the law, and in conformity with the permissions granted. And if he does not so deliver, I EXPECT the government or its bodies to come down heavily on the builder – immediately, NOT 10 YEARS LATER! I have never heard or read of such utter fraud and treachery perpetrated upon a buyer in Dubai or London, that too in direct connivance with the local government! I mean, if a passport or a driving license is issued to me I would naturally assume that it was legally issued by a person duly authorized to do so. Call me naïve, BUT I DO HAVE EXPECTATIONS FROM THE GOVERNMENT and government agencies. So, in my view, the responsibility for this open mis-governance lies squarely at the doorstep of the BMC. Multiply this news item a thousand-fold, and you have the true colours of the BMC, and a scam of epic proportions.

So what’s my take on this? Quite simply, it is this:

• File a case against the builder in the civil and criminal courts by the affected parties
• Demand compensation with interest from this rogue
• Run a systematic FB and Twitter campaign highlighting this builder
• Find out through the RTI Act why 17 illegal floors were allowed to come up
• Ask why the Corporator did not act
• Find out which Department of the BMC was responsible
• Identify the officers of the BMC responsible for this fraud
• Initiate a departmental enquiry under the relevant Conduct Rules against them
• File cases against these BMC officers in the civil and criminal courts
• Pressurise the Income Tax Deptt to scrutinize their cases

In short, MAKE THESE GUYS IN THE BMC ACCOUNTABLE. Set the ball rolling. Ask questions. And, above all, demand answers.

Cheers and Merry Christmas.

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