he Maharashtra government’s decision to regularise over two lakh illegal constructions in urban areas has skirted any possible legal action against erring builders and government officers.
Maharashtra Navnirman Sena chief Raj Thackeray on Saturday raised the issue in Nasik, questioning the government’s silence. “How can illegal structures be made legal without taking any action against builders? The CM should have announced strict action. Had he done that, it would have sent a strong message to the builders’ community and nobody would have done this in future.”
The leader of opposition in the Assembly, Radhakrishna Vikhe-Patil, demanded that not only builders and officers but even the elected representatives under whom the illegal structures have mushroomed, be held accountable. “Legal action would be a very long-term process. But holding them accountable and taking steps like demotion, transfer would really send a strong message in the hierarchy.” Mr Vikhe-Patil also said the government must tread this path carefully. “It shouldn’t happen that they open a Pandora’s Box. Tomorrow this decision should not set a precedent for any illegal activity to be legalised.” The Congress leader pointed finger at the functioning of the municipal corporations which have failed to stop construction of illegal buildings.
Chief Minister Devendra Fadnavis, who had made the announcement during the ongoing budget session, told The Hindu that the government is contemplating whether legal action can be taken against builders and government officers. “It’s part of the policy, speaking prospectively, but will need legal backup when we will have to deal retrospectively.”
From Campa-Cola compound in Mumbai’s Worli to Digha in Navi Mumbai and thousands of houses in Pimpri-Chinchawad near Pune, are likely to benefit from the government’s decision.
Mr Fadnavis stressed that the new policy would help only the common man, since builders have exited long ago, but activists working in the urban planning sector advocated action. At a press conference on Friday, Mr Fadnavis had said that the decision was important since there was a third party — the buyer — involved in it and is suffering.
“Had action been taken in the past, this menace wouldn’t have grown so much. It is important to go as per law and take action against those who facilitated constructions,” said Sitaram Shelar, core member of Hamara Shehar Mumbai Abhiyaan. He said a similar law should be applied to slum dwellers. Presently, slums built on or before January 1, 2000, enjoy legal status.
When contacted, Maharashtra Chamber of Housing Industry president Dharmesh Jain said he will have to take details as majority of illegal constructions are likely to be built by individuals and not by organised builder consortiums. As per the new policy, if the building is constructed according to the development plan, but violates some norms like area, extra floor space index (FSI) or some other DCR, it will be regularised as per the guidelines laid down by the government from time to time. These violations will be regularised using TDR, fungible FSI and after charging premium according to the guidelines.
Further, it said the buildings apart from residential zones and those constructed in no development zone , industrial zone, commercial zone, will be regularised after the change in reservation to residential zone. Cut-off date for the regularisation is December 31, 2015. Google images of a particular construction will be considered a proof of existence.
