State decides to crack down on illegal buildings

From a report appearing in Times of India, dated 24th April 2010.

TIMES NEWS NETWORK

Mumbai: Carrying out illegal constructions in the civic corporation or municipal council limits will now prove costly for a civic official, literally. To check the rampant unauthorised constructions across Maharashtra, the state government on Friday brought about a new law to penalise the designated officer who permits such illegalities.

Both the Houses of the state legislature on Friday approved the Maharashtra Municipal Corporations, Municipal Councils and Maharashtra Regional and Town Planning (Amendment) Act, 2010. As per the provisions of the modified Act, a designated officer will be appointed to ensure that there are no unauthorised constructions in the jurisdiction of the respective municipal corporation, council, panchayats and industrial townships.

The new law stipulates that “if the officer fails to take action, she/he faces imprisonment for one month and/or a fine of Rs 25,000’’.

Stressing the need for amendment to the existing law, Sachin Ahir, minister of state for urban development, who piloted the Bill in the legislative assembly, said that whenever action is initiated against illegal construction, a stay order is obtained from the court, which is not vacated for several months. “It is known that such stay orders are granted liberally,’’ he said.

In March this year, the state had also decided to set up “special courts in the area of municipal corporations with the approval of the high court to ensure speedy trial of offences under municipal laws and the MRTP Act under which action is taken to demolish illegal structures’’.

To ensure that the Act is effective, the government has already sanctioned the deputation of an additional commissioner of police or deputy commissioner of police to the municipal corporation, said Ahir, explaining that the municipal commissioner can decide who the designated officer should be. “This is being done so that blame is not passed around, and a person is held responsible,’’ said Ahir.

The government also admitted the failure of various agencies to stop the growth of unauthorised constructions.

In the past, the government has sanctioned proposals holding the local assistant municipal commissioner and the police inspector responsible for unauthorised constructions in areas under their jurisdiction, but till date, no action has been taken against any officer.