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This is an archive article published on January 20, 2011

Civic chief cracks whip: Prove legality within 24 hours or face demolition

Municipal Commissioner Subodh Kumar has ordered that all unauthorised structures and construction work carried out beyond the scope of approvals be demolished after giving developers 24 hours’ notice to prove they have requisite permissions.

In a move that will have far-reaching impact on hundreds of construction projects,Municipal Commissioner Subodh Kumar has ordered that all unauthorised structures and construction work carried out beyond the scope of approvals be demolished after giving developers 24 hours’ notice to prove they have requisite permissions. The move comes in the wake of a spate of cases involving unauthorised construction.

In a strongly worded circular,the commissioner said it appears common practice 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 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 states. It further adds that the correct action would be to demolish the unauthorised work if the developer fails to prove in 24 hours that he has adequate permissions.

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“We will implement the directions of the municipal commissiner in full force,” said A T Shintre,Director (Engineering Services & Projects),confirming that the circular had been sent to all major departments and ward officers. “At the ward level also,we will issue stop-work notices through ward officials,” said Deputy Municipal Commissioner Milind Sawant.

The circular says the practice of developers not paying heed to notices and officials not acting on unauthorised constructions must be stopped. “This is action only on paper. This practice is required to be stopped forthwith,” it states,listing what ward offices and the Buildings Proposals department will now have to do.

On Kumar’s directions,building mukadams of the Buiding Proposals department will now conduct daily rounds of their areas and report to sub-engineers and assistant engineers on every detected unauthorised work carried out by developers beyond the scope of approval and commencement certificate. Sub-engineers will immediately initiate action and direct developers to stop work within 24 hours. Finally,following approval from the executive engineer,the assistant engineer of the Building Proposals department will demolish these portions,all within three to four days after the issuing the first notice.

Typically,developers continue to build additional floors and treat the process of getting these regularised as mere procedure. If this additional construction without a commencement certificate is done within the approved FSI available on the plot,then the approvals are given later upon recovery of a fine.

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