Why all political parties are joining hands to stop the Mumbai bulldozer

It took only three days after demolitions first began—only five of 855 buildings were pulled down—on November 24, 2005, for Maharashtra’s diverse political parties to swiftly band together and get the state cabinet to take the decision to pass an ordinance.

Chief Minister Vilasrao Deshmukh insists that Ulhasnagar is a special case since it’s populated by Sindhis who settled there as partition refugees after 1947. But the reason for this remarkable and swift political cohesion between the Congress, NCP, BJP and the Shiv Sena is somewhat less lofty.

An investigation by The Indian Express has confirmed that several corporators of the Ulhasnagar Municipal Corporation (UMC), their relatives and associates have built themselves illegal residential and commercial structures.

The investigation used as its basis a July 1999 probe conducted by Nandlal—then principal secretary and now State Election Commissioner—which listed 31 corporators for their direct involvement or connivance in constructing illegal buildings.

The Indian Express examined the records of upto 15 buildings from the illegal list and found corporators across parties as owners (some were in the name of relatives). Many corporators have turned builders.

On July 3, 1999, Nandlal had observed: ‘‘Not only these members are responsible for encroachments and unauthorised constructions but also they do not allow the officers to function freely and on some occasions, they get the irregular works done by levelling abuses at them, pressurising and beating them.

As such the members of the municipal corporation have become a hurdle in the development of the municipal corporation…’’

Ulhasnagar’s kingpin and former jailbird, Republican Party of India MLA and former mayor Pappu Kalani—his wife Jyoti is now mayor—freely admits the illegalities.

‘‘The political, civic and builder nexus has created this situation, and I agree to it,’’ Kalani said last week. ‘‘77 buildings came up during my time (1986-1992) and the rest in the list of 855 after 1992. Some corporators who have been involved and earned money out of illegal construction should come out with it.’’

It was Kalani, supported by all 81 corporators—44 from the NCP, five from the Congress, 11 from the Shiv Sena, 8 from BJP, 5 nominated and independents in the UMC—who brought pressure on the state government to announce the ordinance. ‘‘Once the ordinance comes into force, it will render the court order ineffective,’’ Maharashtra Advocate General Ravi Kadam told The Indian Express recently. He argued the ordinance does not go against the court order.

The fig leaf is explained by Chief Minister Deshmukh. ‘‘Even after the ordinance is passed, everyone will have to go to court and get approval,’’ he told The Indian Express, insisting that political violators ‘‘would not be spared’’. He said any construction with an FSI (floor space index) above 4 will still be demolished.

It isn’t clear how many buildings will survive, but Kalani is confident that after the ordinance ‘‘80 per cent of buildings will be saved’’.

—(With Shriya Bhagwat and Abhiram Ghadyalpatil)

DGP will inquire, no one will be spared: CM

Maharashtra Chief Minister Vilasrao Deshmukh insists the upcoming ordinance will not protect politicians:

• By passing this ordinance are you not protecting the corporators who either owned or connived in illegal constructions?

There is no question of protecting any corporators. Even after the ordinance is passed, everyone will have to go to court and get approval. Any constructions above 4 FSI (floor space index) will be demolished. The law is the same for all.

• Every party has come together and pressured your government to consider the ordinance.

There was no question of any kind of pressure. They were all refugees, and the city came up under special conditions. And we have considered that.

• What of the corporators and politicians responsible for illegal constructions?

No one will be spared. Dandatmak karvayi keli zail (Strict action will be taken). The conditions in the ordinance include directions to the DGP (Director General of Police) to start inquiries into these cases. No one will be spared.

• What exactly will happen to these politicians?

Now wait. Let the ordinance come out.