No action on Illegal structures,lawyer writes to GoC-in-C

“There is illegal use of portions of buildings like basements,which are being used for shops,and certain constructions are being allowed without following the building bye-laws which include the statutory requirement of providing parking spaces and restrictions on floor space index,” states the letter to the GOC-in-C.

The PCB has decided to allow trade licences for buildings which are illegal. “It is perhaps understandable if unathorised constructions are regularised/compounded but only if they are within building bye-laws of the PCB and also in the GOC-in-C’s scheme of restrictions dated March 26,1984. But the fact is that most of the buildings sought to be given trade licences are illegal as they are in violation of the building by-laws and regulations,” the letter added.

The letter refers to the PCB plan to move court against illegal constructions as a diversionary tactic. “The case filed in courts are protracted for years. The provision of law gives the board adequate powers to stop work and issue demolition orders to contain the unathorised constructions against which no suit can lie before any court and same can be appealed against and the appeal lies before your office,” Bhog said.

Bhog said the order issued on the appeal is final and no court in Pune has the jurisdiction to hear the matter.

“The only remedy against the order is by way of writ petition in the High Court. To refer the matter to the court is just to delay and damage the action taken by cantonment executive officer and suit can be thrown out on grounds of jurisdiction after protracted litigation,” noted the letter.

Dwelling on the sections of the law on the basis of which action can be taken against illegal constructions,Bhog referred to Section 239,247 and 248 of the Cantonment Act as well as Section 250 on the basis of which the jurisdiction of the courts is restricted over the issue. PCB CEO Rachel Koshy was not available for comment.

Again,a reprieve for Pimpri corporators
As many as 25 corporators of the Pimpri-Chinchwad Municipal Corporation,who have constructed illegal structures,can breathe easy,as the civic general body on Friday did not arrive at a decision yet again. Led by senior corporator Amar Moolchandani,some corporators opposed action against the 25 facing disqualification. Corporators Sulbha Ubale,Seema Salve and Maruti Bhapkar demanded action against the corporators,but the mayor adjourned the issue,which has been hanging fire for two years.