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  1. As reported by Parvesh Sharma at timesofindia.indiatimes.com on Sep 27, 2011 PATIALA: Though Patiala Municipal Corporation authorities claim to have taken strict action against encroachers, an illegal building, constructed by close relatives of a BJP councilor, stands in defiance of all these claims. There is no action even after nine months of a demolition order passed by commissioner of corporation. Information procured under RTI Act revealed that Harish Kumar, Suresh and Ved Parkash, all close relatives of BJP councilor from ward no 7, Sarita Gera, had got approved the building plan to construct a commercial building in Tripuri in 2009. The plan approved was for construction of basement, ground and first floors only. But in gross violation of norms, all have constructed a second floor without mandatory approval of authorities. "They have deposited only around Rs 1 lakh as fee for construction of the commercial building. As per law, they should have submitted a fee of more than Rs 5 lakh. When I raised the issue of illegal construction, muscleman of Gera attacked me," said RTI activist Mahinder Kumar, who has been fighting against encroachments in the city. Documents showed that corporation authorities have issued many letters and show cause notices and even demolition orders in January 2011, but due to the strong connections of Gera, there is no action to demolish the illegal building so far. The final finishing work is going on at full pace at the site despite demolition orders, sources said. Despite repeated attempts, Gera was not available for comment while her husband Mohan Gera, who runs a garment shop adjacent to the illegal building, confessed that the building has been constructed in violation of norms. "We are willing to pay penalty and have written repeatedly to corporation authorities about the same. We did not construct it deliberately. There are some political opponents, who are trying to drag our name into controversy. We have not threatened or attacked anyone," said Mohan. Repeated attempts to contact Patiala mayor Ajitpal Singh Kohli and assistant commissioner of corporation, Nazar Singh, proved futile as both did not attend their mobile phones despite repeated calls.
  2. As reported at timesofindia.indiatimes.com on Feb 4, 2011 PUNE: With the Pune divisional commissioner Dilip Band granting permission to the Pimpri-Chinchwad Municipal Corporation (PCMC) for initiating action against the 25 corporators, who were involved in undertaking illegal constructions, deck are now clear for the civic body to refer the matter of their disqualification to the court . The matter had been pending for the last two years as the PCMC general body failed to respond to the civic administration's proposal to approach the court for seeking the disqualification of the corporators. Interestingly, the issue was first exposed when Band was the commissioner of the PCMC. And it was Band's efforts, as divisional commissioner, that has brought the matter to its logical conclusion. Confirming the development, Ashish Sharma, PCMC municipal commissioner, said, "The PCMC received the letter from Band on Wednesday granting us permission to refer the matter to the court. The PCMC's law department has been instructed to start preparations for filing a case in the Pune district court in two to three days." "Under the Bombay Provincial Municipal Corporation (BPMC) Act 1949, the municipal commissioner is not empowered to disqualify any corporator for unauthorised constructions. The matter has to be referred to court, which can order disqualification", Sharma explained. According to an official in the Pune divisional commissionerate, the municipal commissioner can take action against corporators for unauthorised constructions, under section 10 of the BPMC Act. However, he would be able to disqualify the corporators, under section 12 of BPMC Act, only after the court gives a favourable decision. The issue came to the fore in 2008, when social worker Santosh Barne received the information under the RTI Act, that 25 corporators have unauthorised constructions. He wrote a letter to the then chief minister urging for action against these corporators. The PCMC had sent show cause notices to these corporators who had claimed that the constructions were either regularised under the gunthewari scheme or they belonged to their relatives. However, their affidavits, filed before the 2007 elections, did not support the claims and the corporators were shown as owners of these constructions. In April 2008, Band, who was the municipal commissioner, had sent a proposal to the civic general body seeking permission to refer the subject of disqualification of these corporators to the court. As the general body kept the matter pending for more than a year, the commissioner then sent a report to the state government seeking their directives. In August 2010, the state authorised the Pune divisional commissioner (Dilip Band) to take a decision on whether the matter should be referred to the court or not.
  3. Hello, I am Siddharth, I have recently given my 8th semester final exams and the results are out, and in that, everyone is passed in the Major project except three of us, we are given marks around 20-23 by the Teachers of our college HMRITM, and it is INTENTIONALLY, we did not showed disrespect towards any teachers or we were not indulged in any such activity but even then we are failed in the Major project for NO REASON !!! we had a group of 4 students in IT branch out of which the 4th one is passed but with least marks i.e. 50 !!! and among all 60 students, all have cleared except three of us !! This has affected our degree by ONE or TWO YEARS !!! WE NEED HELP !!! This is a serious matter of non-sense by the teachers and WE NEED HELP IMMEDIATELY !!! Mobile Numbers not permitted in the Forum we are the three students who were failed in this for ABSOLUTELY NO REASON !! Kindly ACT UPON THIS AS SOON AS POSSIBLE.
  4. The parent trust having property registered under Wakf has sold the land to the builder. The builder has set his office on the plot and has been harassing the beneficiaries by implicating in false cases, offering permanent alternate accomodation on the 20% of the land and want to utilise the 80% of the land for commercial establishment.
  5. Dear Sir My mother name is Mrs. Usha Devi, she is a dependent old lady of above 60 years and residing in Hazaribagh with my retired father Mr. Sachida Nand Prasad, who is above 70 years of age. We don’t have much financial support other than a piece of land in Koderma Tahsil. We bought this 8 decimil land (2Acre) on 30th day of April 1994 from Mr. Surya Narayan Prasad, who is not in life now. The deal or agreement was signed at – Mouja Gumo Thana – 12, Tilaiya, Pragana Gumo, Khata No – 330, Plot No. 5672, Rakwa – 33D. Now we are unable to trace it as we found some illegal construction has been coming up there. We have done our best to go through the legal proceeding since Nov 2010 and still it’s in process and we have been doing whatever is being suggested by our legal advisor but have not yet arrived to any outcome despite of his assurance that it will be a speedy trial. We also have been coerced by localities several times to sell the property at any insufficient consideration. I am humbly requesting to the authority to do the required as soon as possible as me and my parents both are not medically fit and are under medication, for which we require financial assistance. Your prompt action and support will help us and many others who have suffered bitterly from those illegal land usurpers. Thanks & regards santan s/o USHA DEVI Near Kaali Mandir & Kali General store North shivpuri Hazaribag – 825301 Jharkhand Deleted Mobile numbers - posting against forum rules.
  6. Atul Patankar

    Your dream home could be demolished

    As reported by Shailesh Bhatia at mid-day.com on 16 January 2011 Charkop flat owners could have their buildings torn down since they are built on land cleared of mangroves. What's worse, the builders knew this could happen, but withheld this vital information Over 1,500 flat owners living in sectors 8 and 9 of Charkop in Kandivli West face possible eviction in spite of possessing all the legal documents and occupancy certificates for their homes. Despite a 2004 Bombay High Court order that prevents construction within 50 metres of mangroves, 25 different builders cleared hundreds of acres in 2006 to construct 25 buildings. Mangroves play a crucial role in preventing soil erosion, floods, and seepage of saline water in the ground water. When environmentalists brought this matter to light and took the developers to court in 2006, the builders gave an undertaking to the Bombay High Court that if the verdict went against them, they would demolish the buildings. They however kept the buyers in the dark about their undertaking, and once the flats were ready, they sold them to unsuspecting customers the same year. "While the verdict is still awaited, and could take another year or two, the buildings were completed and sold with occupancy certificates and other legal formalities. But the interests of the occupants have not been safeguarded. "We may be left homeless if a judgment ordering the demolition is passed. We only hope that the court takes a humanitarian stand, as we were not aware of the facts at the time of purchase," said a resident of Sai Chitra (one of the buildings that face possible demolition), whose name has been withheld on request. For many, their entire life savings have gone into their dream home. Another resident of the same building invested Rs 25 lakh -- his life's earnings -- to purchase a flat in 2006. He even took a bank loan, which would take 15 years to repay. "Had I known the truth, I wouldn't have gone ahead with the purchase," he said. RTI document sheds light Meanwhile, a response to an Right to Information (RTI) application filed by resident Reji Abraham in December 2010, found that the four-storeyed Sai Baba Cooperative Housing Society, one of the 25 buildings which is under construction, was cleared by the building proposal department on the basis of relief granted by the High Court in Chamber the Summons of 2006, and the final authority for granting permissions is the Municipal Corporation of Greater Mumbai. "How can buildings like Sai Baba CHS, which are surrounded by mangroves even today, and have agreements dated 2008/ 2009, be governed by an old relief (SMD has a copy) and not the actual order, which forbids destruction of mangroves? The builders lobby is conveniently flouting all rules," said Abraham. Sunday MID DAY investigation Official papers, satellite images of mangrove destruction since 2004 and RTI responses available with Sunday Mid Day could open a can of worms, even as the civic authorities and the State Government officials, including the building proposal department, pass the buck of who is to be blamed for multiple violations of the High Court order. Borivli tahsildar Vinod Rane stated that his department had not received any complaints against mangrove violation by Sai Baba Society. The final permissions of construction, he said, are given by the BMC. "If there has been any violation, I need the survey numbers, which have to be verified with the land records," he added. Suburban Collector Nirmal Deshmukh stated that though he was not aware of buildings flouting mangrove rules, he would ask concerned authorities to present the appropriate documents. "This is a serious issue and we will take action if any irregularity is found," he said. The BMC Building Proposal Executive Engineer Shinde said he was not in office, while Urban Development Principal Secretary TC Benjamin was unavailable for comment.
  7. Dear Members, am new here and wish for your guidance. I stay in Secunderabad in a gated community. There is a colony outside of free hold plots with one of its roads going to our community. Our community has two gates, one opening onto the main road and the other opening onto the colony outside. Officially the gate of our gated community opening onto the colony has a road which also connects it to another main road. The road in the colony outside is actually a public road. Recently however the people staying outside have constructed a gate and a barrier on this road and prevent people of our gated community from using the road. How do I get information on whether they have legally done this and incase this is illegal, how to get the gate demolished ? This is the standard argument where in the name of security unofficial barriers are made by people and the authorities turn a blind eye. Incidentally one of the members of the public authority, happens to stay in the free hold plot colony.
  8. Can case be registered in any court/state of choice of employee ? Are there lawyer need to be consulted ? On an average how much money is spent in filling a case and reaching last verdict of court?

    illegal flat renovation

    Dear Sir, I live in a co-operative housing society of which my wife is the secretary. recently a flat was sold and the new owners have started intense renovation work to the extent of demolishing walls and attempting to illegally encroach upon the flower beds etc. thus defacing the external look of the building. The society has already requested them to furnish the necessary Municipal permissions of revert back to the original plan/layout of the flat. However, the member has not reverted and neither has stopped the renovation. The society has also filed a formal written complaint to the Head of department of the Municipal ward office today to take necessary action as members fear this may also affect the structural strength of the building. However, we fear that no action may be taken since the concerned flat owner is very well connected, influential, and financially well-to-do and has openly told the members that he would "take care" of the municipal officers and possibly bribe them. In view of the above, I have the following questions. 1) Can we file an RTI as a "co-operative society" rather than as "individuals" ? 2) Can we directly demand to know what action will be taken on the complaint registered by the society & enclose a copy of the complaint letter ? Can we also ask for a time frame for action taken? In your expert opinion, will this RTI application act as a follow up to our compalint and also force them to take the complaint seriously. or should we wait for a week and if no action is taken, then we should file an RTI asking for status of the compalint registered by us. Please help!!!
  10. As reported by Sukhada Tatke at timesofindia.indiatimes.com on Feb 23, 2011 MUMBAI: On January 18, the Bombay high court flayed the BMC for the "total lawlessness" prevailing in Mumbai due to illegal construction and asked P-North Ward officials to carry out a survey of all such construction in the ward. However , the P-North building proposal department recently replied to a Right to Information query saying the data on illegal construction activity in the ward is so voluminous that officials are unable to compile it. P-North (Malad area) officials , who were asked for details of "work beyond permissible limits" by Kandivli resident Mehul Kataria, said it "would disproportionately divert the resources of this office" to compile the list. Kataria, who filed his RTI queries in December, received similar replies from four wards in the western suburbs including P-North—in January and February.
  11. As reported by PHEROZE L. VINCENT at telegraphindia.com on February 5 , 2011 New Delhi, Feb. 4: Nearly 150 MPs and former MPs and other bigwigs have been creative with their bungalows in Lutyens’ Delhi, building rooms, toilets, sheds, badminton courts and verandas without authorisation. The central public works department (CPWD) has admitted this in reply to an RTI petition by activist S.C. Agrawal. Topping the list is the BJP. Its national and Delhi state headquarters together account for 1,853.3sqm of illegal constructions, including rooms, servants’ quarters and prefabricated structures. Amar Singh comes second at 1,398sqm. Those with more than 300sqm of unauthorised construction include Ram Vilas Paswan, Lalu Prasad, Mayavati, former Punjab home minister M.S. Bitta, the Congress’s Deepender Hooda and Suresh Kalmadi, and the BJP’s Yashwant Sinha, V.K. Malhotra and S.S. Ahluwalia. Among the others are Lok Sabha Opposition leader Sushma Swaraj, L.K. Advani, Nitin Gadkari, Sharad Yadav, Shibu Soren, Ram Jethmalani, Oscar Fernandes and Ahmed Patel as well as cricketer politicians Navjot Sidhu and Mohammad Azharuddin. The lone Bengal MP on the list is Sudip Bandopadhyay, whose bungalow has 35sqm of unauthorised construction —a room and a toilet — the CPWD says. He claimed he had only got a partially demolished toilet repaired, and that it was 35sqft, not 35sqm. “The repairs were done under the supervision of the CPWD district executive engineer and I had to pay for it,” he said. The previous occupant of his bungalow was minister of state Bharatsinh Solanki. Shyam Jaju, who is in charge of the BJP headquarters, claimed that all the additional constructions were temporary structures, which are permitted. However, regular visitors to the party’s offices say many permanent structures have come up there. CPWD officials weren’t available for comment. Their RTI reply says that all unauthorised constructions would be removed when the occupants change. The CPWD has written routine letters to the occupants and the secretariats of their Houses advising demolition. The CPWD has itself built an unauthorised room for an assistant engineer at its North Avenue office, the RTI reply admits. It lists Advani as having a shed and other unauthorised structures across 55sqm. Advani’s personal assistant Deepak Chopra texted: “Not a single sq mm unauthorised constructed by Shri Advani at 30 Prithviraj Road. All construction done by CPWD.” Amar Singh said: “The previous occupant of my house was Keshubhai Patel, the former Gujarat chief minister. The house was in the most dilapidated condition. I renovated it and built an office, which the CPWD told me I wasn’t supposed to. I got all additional constructions made by me bulldozed at my own expense, except a staircase to the roof. I installed a wooden temporary cabin with permission. If there are still any illegal structures, they have been built before my time.” The RTI reply says Amar built four rooms, a temporary steel structure, a main building and an office. Paswan’s personal assistant said: “Other MPs too have done it, why are you asking only about my leader?”
  12. As reported at timesofindia.indiatimes.com on Jan 31, 2011 AGASAIM: Several illegal constructions being carried out in the village, especially in the Baixo-de-Igreja ward, dominated proceedings of the Agasaim gram sabha on Sunday. At the outset, Agostinho Esteves pointed out to an illegal construction which is coming up in Baixo-de-Igreja ward and asked the sarpanch Piedade Fernandes who had given permission to construct the same. When the sarpanch replied that the issue was raised and passed during the panchayat meeting, Aires Fernandes, another gram sabha member, inquired as to how the construction work could be permitted without the written permission from the authorities. George Gonsalves pointed out to the construction work being carried out during the night with the help of halogen lights and asked who issued the electricity connection to such individuals. He also said that many villagers who had legal documents could not obtain electricity connections for the last 8 years. As the sarpanch had no answers to the queries raised by the members, Andrew Pereira demanded that the construction at Baixo-de-Igreja be demolished within two days and the licence be revoked immediately. Rosario Rodrigues said that if the panchayat failed to resolve the issue, then he would file a suit against the panchayat. Gonsalves alleged that the people who have taken up the illegal construction work, could have bribed the panchayat. He further said that if he had substantial proof, he would have dragged the panchayat to court. Reacting to Gonsalves' allegation, the deputy sarpanch James Afonso asked him to leave the meeting hall. At this point Aires Fernandes objected to the deputy sarpanch. Pereira also brought to the notice of the sarpanch that illegal constructions, including illegal gaddas, were mushrooming near the new bypass and demanded that they should be checked and removed instantly. With information received through the RTI Act, Aires Fernandes questioned the secretary of the panchayat Thomas Fernandes about the development works carried out during the financial year and the budget prepared for the same. The secretary revealed that although the budget was prepared of around ` 25 lakh, only four developmental works were undertaken amounting to ` 5 lakh. Rodrigues brought to the notice of the sarpanch that when Xavier Gracias was the sarpanch earlier, the Agasaim panchayat ranked second as far as utilising governmental funds were concerned.
  13. As reported at hindustantimes.com on January 14, 2011 In an attempt to dig more dirt on the misuse of defence land, the Bharatiya Janata Party filed a Right to Information (RTI) on the details of defence land dealings that have taken place in the country in the last five years. “I have filed a RTI seeking details of all defence lands which have being either sold, transferred or been given on a long lease to private players,” senior BJP leader, Kirit Sommaiya said. Somaiya said he filed the RTI because there seemed to be blatant violations in the dealings. Kirit also said he will visit the ministry of defence on January 19 to find out about such deals.
  14. I recently purchased a new flat in Navi Mumbai, Kharghar and needless to say purchased a covered parking space in the society that is properly demarcated. Now, it so happened that since the last 3 days one of the owners in our society parked his car in my parking space and went out of town, due to which I have to park my car outside our society by the road. MY QUESTION IS - Is there a law to prevent such things? Can someone just park his car in someone else's owned parking space? I am really getting frustrated with this and am thinking of going to the police station, however I would appreciate if someone can throw some light on my predicament.
  15. As reported at zeenews.com on uly 23, 2010 New Delhi: CIC has pulled up Public Works Department for not keeping information related to illegal occupants in government flats. "The Commission finds this very distressing that for a serious charge like illegal occupation of government flats, no attention has been paid in spite of the appellant bringing this to the notice of the public authority. "Citizens will despair of any correction in governance if public authorities continue to adopt an attitude where they refuse to see major illegalities," Information Commissioner Shailesh Gandhi said in his order. Exercising the Right to Information Act, Dinesh Sharma filed an application asking PWD to provide information related to allotment of houses of type 1,2,3 and 4 in Gulabi Bagh government colony in New Delhi. The applicant had alleged illegal occupancy in a number of houses in the colony. Dissatisfied over the incomplete information given by both the Public Information Officer (PIO) and the First Appellate Authority (FAA), Sharma moved the Central Information Commission. While hearing the matter, the Commission pointed out that the appellant has complained that 957 flats out of a total of 2,128 flats are illegally occupied by unauthorised persons. "The PIO has given a list of only about 1,200 flats, mentioning the people who are in occupation and most of the flats where the appellant alleges illegal occupation are not covered in that," the order said. "The respondent states that the process of computerisation is on and, very conveniently, only records of about 1,200 flats have been computerised and the rest are not on the list. "... The respondent states that they are so busy with Commonwealth Games that they have no time to look at matters like illegal occupation of government property... The Commission hopes that some senior officer will look at this and take appropriate action," he remarked. The Commission has also directed PWD to allow the appellant to inspect records of the total of 2,128 flats.
  16. As reported by Dipak Kumar Dash at timesofindia.indiatimes.com on Jun 5, 2010 NEW DELHI: The Delhi government has admitted in an RTI reply that there is no law to check the mushrooming of unauthorized colonies, thus defeating the purpose of planned development. ‘‘With no law in place to check their inception and growth or to punish the people involved, we are unable to put a cap on their rising numbers. The law only punishes people who buy the illegal properties and start construction. But those who sell these properties after dividing large chunks of agricultural land go scot-free,’’ said Bijwasan MLA Satprakash Rana, who had filed the RTI with the government last January. In its reply, the urban development department said there was no information of anyone being prosecuted for the crime so far. ‘‘However, the reply mentioned that the government is planning to form a committee which will look into formulation of a law,’’ Rana said. A senior official in the Lieutenant Governor’s office said with no check on their growing numbers, the need for a policy to curb the trend is being felt. ‘‘It’s a critical issue because in many cases, politicians and influential people are also involved. Every month, at least four small and big unauthorised colonies come up. They are sold either in the form of small plots or houses,’’ said the official. Urban development minister Raj Kumar Chauhan also confirmed that the state government is considering formulating a law to check the growth of unauthorised colonies. ‘‘The way they are growing, the number of unauthorised colonies on agricultural land could touch 2,000,” said Chauhan. In fact, between 1977 — the year in which the government regularized all unauthorized colonies that had come up till then — and 2010, over 1,639 illegal colonies have come up in the capital. Between 1977 and 1994, these colonies came up on private agricultural lands. In 1994, the then BJP government prepared a list of 1,071 unauthorised colonies for regularisation. In the next 16 years, their numbers swelled to 1,639.
  17. Dear friends Their are huge multistory residential complexes which are coming up in my locality much in violation of standing rules. Please provide me some common questions which I can include in my RTI Application for seeking replies from Municipality.
  18. amitbhatnagar

    Illegal structures

    There is an illegal construction of mobile tower in our society where RWA has not given any clearence. This has been notified to MCD and Police. How RTI can help in this?
  19. As reported by Tanaji Khot in punemirror.in on 01 March 2010: The keys to free parking unused, News - Latest - Pune Mirror,Pune Mirror The keys to free parking unused PMC has served notices to 1,700 commercial establishments for encroaching on parking spaces. And the action ends there Top offenders Sq ft misuse Hotel Up And Above 2,200 Hotel Kaveri 2,000 Hotel Banjara Hills 1,500 Hotel Sahiva 2,230 Hotel Vanashri 4,800 Hotel Nivant 5,000 Hotel Bavdhan Chowpati 1,400 Hotel Surabhi 3,360 Hotel Mehfil 2,100 Hotel Arkin 2,600 Konark Hotel, Paud road 3,400 Gitai Mall Poud Road 1,200 Hotel Jijai 1,500 Baba’s Garden 2,300 Four Seasons Restaurant 3,900 Mirch Masala Hotel 10,000 The Taste Restaurant 1,200 While the Pune Municipal Corporation (PMC) pontificates on how citizens should pay for parking their vehicles, it has not bothered to look inwards. As per the PMC’s own parking policy, parking should be provided gratis by the business establishment. The truth is citizens are paying for parking because restaurants and other businesses are using such spaces to do business, which qualifies as an encroachment. The civic administration is doing nothing to straighten such offenders, and the apathy continues unabated. As per the rules, businesses must leave aside parking space, which includes the side and front margins (15 feet front, 10 feet side at least). However, the civic body continues to remain a passive spectator. RTI activist Vijay Kumbhar had filed application to unearth such violators. He asked the PMC what action it had taken. In reply, he got a huge list of offenders, most of whom were restaurants and hotels. The only thing close to action that the PMC has done is issue notices under Sections 52, 53, and 46 of the Maharashtra Regional Town Planning Act (MRTP). But direct action on the notices has never come, giving rise to many murky questions. One being, is anyone benefiting financially by such irregularities? The answer is anyone’s guess. PMC ward offices have issued 1,700 notices to various commercial entities between May 2009 and October 2009, and it ends there. “In last few years, these establishments doing business on space meant for parking. However, the passivity of the PMC shows it is profitable to keep quiet,” Kumbhar alleged. The other thing is, these notices do not include all of Pune. For instance, it has no entries of restaurants on F C Road. The list of offenders include many popular establishments. Some have been using spaces up to 10,000 sq ft blatantly violating the law. Most places got the notices four months ago. Forget joints in other places, the PMC is yet to take action against a hotel owner. His joint is on the south-west corner of the PMC building and he has encroached onto the front margin. Kumbhar explained that such encroachments provide scope for even more corruption. He is of the opinion that if the PMC can’t take suitable action against these restaraunts and and their owners , it should legalise the spaces and charge property tax on it. That would add to the civic body’s revenue. Right now, only the Karve Road ward office has provided information on the actual area of illegal land use. Here is the list of prominent offenders.
  20. Dear Sir Urgent Info is required about any new law is made based on following supreme court recommendations "The Supreme Court On 23/9/2009,Tuesday recommended to the central government to change an archaic law, which accords legal rights to an illegal occupier of land if its real owner fails to take legal action to retrieve the property within a stipulated time. Recommending a suitable amendment to the law on 'adverse possession,’ a bench of Justice Dalveer Bhandari and Justice Harjit Singh Bedi asked the SC registry to send its ruling to Law Secretary T.K. Vishvanathan. The apex court concluded by saying, ”In our considered view there is an urgent meet of fresh look regarding the law on adverse possession. We recommend the Union of India to seriously consider and make suitable changes in the law of adverse possession." This is because my grandfather allowed one person to stay in our ancestral house for long time.Using this law he sold the property to the neighbour. We filed the case.If any action taken would be vey useful to us.
  21. Atul Patankar

    Grand theft parking lot

    As reported by Tanaji Khot / Nitin Brahme at punemirror.in on 12 February, 2010 Here is something that is going to make you see why understanding how the Pune Municipal Corporation (PMC) functions is not a walk in the park. While the civic body slaps parking charges on citizens for parking on city’s roads, those that should be paying for this are minting money and going scot free. This is significant, especially after the German Bakery blast, which happened on a portion of the bakery allegedly encroached upon by the management, if the PMC is to be believed. The shed area should have been reserved for parking. The PMC does not seem to give a damn about its own parking policy and remains a passive spectator, even as hotels and commercial establishments all over the city misuse areas that should have been left alone for parking. As per the PMC’s policy, business establishments like restaurants must provide free parking to patrons. When the Pune Mirror did a primary estimate with inputs from civic officials, it came to light that at least land worth Rs 100 crore, conservatively speaking, is being used for business by various establishment illegally. And the PMC is not getting even a paisa from it. As of now, the PMC does not have details of encroachments on parking lots. According to the estimated figure, there are as many as 1,000 commercial establishments in the city’s central area (Deccan, Shivajinagar, F C Road and J M Road) which are not following the rules of off-street parking — which simply means parking within the premises where business is carried out. Like the central area, almost all other prominent areas like Koregaon Park are on the same boat. PMC sources, who are supposed to implement development control (DC) rules, say that every establishment is using 100 sq ft parking space on an average for commercial purposes. This adds up to approximately 100,000 sq ft of lost parking spaces. According to DC rules, hotels have to leave 15 feet front margin and 10 feet side margins for the purpose. Some of these establishment are even using parking lots ranging up to 500 sq ft. Rate of commercial rates in prime areas like Deccan is Rs 10,000 to 15,000 per sq ft. If we take the price at Rs 10,000 and total the amount for 100,000 sq ft land, it comes to an unbelievable Rs 100 crore worth of lost parking space. The question now is, why is the PMC favouring these business entities and burdening the citizen with parking charges? Meanwhile, the Patit Pawan Sanghatana (PPS) has taken the issue up. They will agitate outside the corporation on Monday against parking charges. Niranjan Phadke, secretary of the PPS, said “In Pune, the two-wheeler is not a luxury but a necessity. So, people should not be exploited by being charged for parking, despite a clear free-parking policy. People should boycott places where parking is not free.” Abhishek Bhondawe, representative of Youth to Youth, said that they had met Vice Chancellor Arun Adsul and demanded the cancellation of parking fee in colleges. RTI activist Vijay Kumbhar affirmed that at least 100 acres of parking space has been illegally occupied by business entities. “They are responsible for not only traffic congestion but also for accidents. The PMC ignores such encroachments because of interference from political representative,” he added. Alert Wherever you see a restaurant putting up a temporary shed and extending the business space with more tables, it is probably a parking space. You could file an RTI plea and find out that we are not off the mark. Drive that fell to politics In 1999, a massive demolition drive was undertaken by the then municipal commissioner Arun Bhatia. He had directed the civic squad to pull down illegal structures which had encroached upon off-street parking spaces. Action was taken against 50 structures on teeming J M Road. Bhatia had identified eight major roads in the city, where traffic conditions were worsening because of encroachment and violation of off-street parking rules. Action was also taken on F C Road in March 1999. “The PMC commissioner has enough powers to remove such structures. If he wants and uses his power, then it is not impossible for him. I really wonder why these structures have existed over the years,” Bhatia added. Town planning laws state: Section 52 (1) of the Maharashtra Regional and Town Planning (MRTP) Act states that penalty would be imposed for unauthorised development or use, which is not in conformity with the Development Plan, if the person carries out development without permission of the municipal authority. Who is accountable? The bureaucracy within the PMC is responsible for such encroachments. However, politicians are behind it. A PMC officer said on the condition of anonymity, “You can find such illegal commercial use of parking spaces every where in city. It can be removed as per provisions under Section 53 of MRTP act. But whenever we initiate action, political interference spoils our drive.” Source: Grand theft parking lot, News - Latest - Pune Mirror,Pune Mirror
  22. As reported at thaindian.com on February 16th, 2010 New Delhi, Feb 16 (IANS) The Central Information Commission (CIC) has said the Municipal Corporation of Delhi (MCD) should fix a timeframe within which action has to be taken against unauthorised constructions. The decision came on an application filed by one Birinder Singh who had sought some information from the MCD regarding demolition of an unauthorised construction. But when the MCD’s reply did not satisfy him, he approached the CIC. During a hearing held Feb 10, the MCD told the commission that “an unauthorised construction has to be booked within 20 days” but “there is no time limit for taking action in terms of sealing or demolition after this in the norms”. “The Commission feels that this is a weakness in the working of the MCD. Section 4 (1) (b) (iv) of the RTI (Right to information) Act requires that norms set by a public authority for discharge of its functions must be disclosed,” information commissioner Shailesh Gandhi noted in his order. “If norms of the time period for taking action after booking of unauthorised construction are not laid down, it would only lead to defiance of the rule of law and arbitrariness and corruption,” he observed. “The Commission recommends that MCD should consider fixing some norms for the time within which action would be taken in case of unauthorised construction,” Gandhi noted in his order dated Feb 10. Source: Fix timeframe for action on illegal structures, MCD told
  23. Atul Patankar

    Naka bandit!

    As reported by Siddharth Gadkari at punemirror.in on 29 January 2010 If you pass through a toll naka in Phursungi on your way to Baramati, don’t pay toll. The toll plaza is illegal and run by local goons who pocket the money If you’re heading to the Pawar stronghold — Baramati — you will have to drive through a toll naka and fork out money. So, what’s the big deal, right? A Right to Information (RTI) activist recently discovered that this toll plaza is illegal and collects lakhs of rupees every day. And, if you think this is a nefarious activity by a private company or government agency, don’t be fooled. It is locals from the area who are collecting and pocketing the money. What makes the situation more appalling is that the state government road department is aware of the fact, but claims it is helpless and cannot take any action. The Maharashtra State Road Development Corporation (MSRDC) had given permission to build a Railway Overbridge (ROB) near Phursungi on the Hadapsar-Saswad Road. The project was awarded on a Build-Operate-and-Transfer basis (BOT) to IRCON International Limited, which is a central government undertaking company that gave out the contract to R S Jivani and Rajdeep Buildcon. The bridge was completed on January 31, 2002. The total cost of bridge was Rs 12,93,90,923. MSRDC had given permission to R S Jivani and Rajdeep Buildcon to charge road tax or toll. They in turn, enlisted the help of a third party — Jai Bhavani Enterprises to collect toll. However, the period for which they were given permission to charge toll was from October 5, 2005 to October 4, 2007. The minimum rate was Rs 15 for four wheelers and Rs 70 for heavy vehicles. Presently, the period for charging toll has lapsed, however, some local people are still charging vehicles to pass through the naka. This came to light through information received in response to an RTI application. Sunil Raste, an alert citizen from Baramati filed an application with the MSRDC questioning the toll collection. In response, MSRDC admitted that the toll being charged on the overbridge is unauthorised. It also informed that Jai Bhavani Enterprise (which was charging toll) had sought an extension for their contract. The Pune-based MSRDC officials had forwarded their request for the contract to collect toll to be extended upto 2012 to the main office in Mumbai. Till date, the main office has not taken a decision on the matter. Jai Bhavani Enterprises mentioned in their request that the reason they wanted an extension was that they did not recover the expected revenue in prescribed period. Raste said, “Jai Bhavani has written a letter to the toll monitoring unit asking for the contract period to be extended. However, the decision has not been taken yet. So, people from the area, are collecting toll from vehicles. This collection is not authorised. When I spoke to V G Dhokare, executive engineer, Toll Monitoring Unit (TMU) he said that the decision on the application was still pending. This means that this is nothing but illegal collection of toll. However, no one is taking this issue seriously. Lakhs of rupees are being collected here illegally every day. No government official is taking responsibility for this.” When we contacted V R Naik, chief engineer, Pune division, he said, “I don’t know anything about this issue. The Mumbai-based toll monitoring unit is the authority that can deal with the Phursungi rail overbridge toll issue.” Source: Nakabandit!, News - Latest - Pune Mirror,Pune Mirror
  24. As reported at timesofindia.indiatimes.com on 7 December 2009 PANAJI: In what could be viewed as proof of the stranglehold builders have upon government and semi-government authorities, the Corporation of the City of Panaji (CCP) admitted that the fifth and sixth floors of Padmavati Towers on the 18th June Road are illegal. Admitting that both floors are illegal CCP, in reply to an application under the Right to Information (RTI) Act, said that the final notice pertaining to the illegal construction was pasted at the premises as far back as December 11, 2007. The Panaji civic body acknowledged that the notice had mandated that the owner of the premises restore the structure to its original form. As per the notice, the restoration was required to be done by January 7, 2008. CCP further stated that no steps were initiated to tackle the violation and also admitted that the owner had acknowledged the wrongful act, which had been noted in the concerned file signed by the CCP's assistant engineer on November 20, 2007. The CCP, however, says that action against the illegal structures will be taken shortly. A few days ago CCP had ordered the demolition of an illegal floor atop a heritage building opposite the Captain of Ports in Panaji. The CCP said that the second floor was illegal as it was in a conservation commercial zone over a building which is 100 years old. The offending party has been directed to demolish the structure, failing which demolition will be carried out by the CCP and expenses recovered from the party as arrears of property tax. Source: CCP to act against two illegal floors of Padmavati Towers - Goa - City - The Times of India
  25. My Building Society has a ground floor garden in the rear that has been given to the three ground floor residents for their exclusive use (they admit they do not own the plots). They have constructed concrete walls, covered gazebos with concrete and steel structures. For the second time we have lodged a conplaint with the BMC. It was swept under the rug the first time, or taken care of in another way. As ther eis no access to the rear of the building for fire, it also presents a hazard. My understanding is that no permanent structures can be built in open space without proper permits. Is this correct? Am I right to complain to the BMC or is there another authority (e.g. the fire Dept.) who can be called in?
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