Vacant plots with overgrown weeds are worrying the city dwellers.
A large number of plots, all across the city, which have been left unattended by its owners are posing health risks to the city dwellers. Despite several complaints from the general public, the civic authorities are finding it difficult to tackle the situation.
Most of such abandoned plots would quickly become waste dumping sites in the city. People make use of these unused plots to dump the domestic waste including the biodegradable refuse. The decaying waste would also lead to several health hazards, pointed out an official of the Health Department of the Kochi Corporation.
The dumping of waste would invite rodents to the area. Stray dogs too survive by feeding on the waste that is thrown in to the compound. The overgrown weeds provide a safe haven for snakes and pests, besides causing annoyance to those living in the neighbourhoods, he said.
Usually, the Health wing of the Kochi Corporation responds to such complaints and takes steps for cleaning the plots, said M.B. Muralidharan, a councillor. Quick action would be possible when one could identify the owners of such holdings. The civic authorities would directly get in touch with them and issue directions to clean up the plots. Most of the property owners would willingly comply with the directions.
Two weeks ago, one such compound was cleaned up near Vennala Government High School by its owner after the issue was brought to his notice. However, there are also instances where the owners refuse to interfere and address the issue. In such cases, the civic body would serve them legal notice to do the cleaning. If they refuse to spruce up the property, the civic body would do it at its own expense and later initiate revenue recovery proceedings against the owner, he said.
Legal action
The Section 440 of the Kerala Municipalities Act empowers the local body to undertake such measures, pointed out a Health supervisor of the local body.
The section empowers the secretary of the local body to to issue directions to abate any nuisance caused to the general public. If the secretary is satisfied that “any act or omission, place or thing which causes or is likely to cause injury, danger, annoyance, disturbance or offence to the sense of sight, smell or hearing or to rest or sleep or which is or may be dangerous to life or injurious to health or property of any person or persons,” the official can issue directions to such persons who have caused the act to abate the nuisance within 48 hours. Any failure to comply with the directive within the specified time shall invite prosecution, according to the Act.
No database
The local body does not possess a database of such holdings as it does not have any legal rights over vacant plots. All that it can do is to invoke the provisions of the Act and ask the owners to clean up the plots, said the official.
According to M.J. Varghese, secretary of a residents’ association in the city, there have been a few instances where the owners of the holdings refused to clear the weeds despite being alerted about the public health issue caused by such plots.
The association has decided to take up the issue with the civic authorities. It will soon submit a memorandum to the Kochi Corporation seeking its interference, said Mr. Varghese.
On its part, the civic authorities felt that the difficulty in serving the notice on the owners of such holdings was the major hurdle in addressing the issue.
In a large number of cases, it was found that the owners of the plots were not known even to the neighbours. Though the name and other details of the owners were picked up from the revenue records, the notices could not be served as they were found not residing in those addresses. In some cases, the owners who purchased the holdings years ago might have settled abroad. It won’t be easy to serve them the notices, which is a mandatory legal provision for taking action, said R.S. Anu, Secretary, Kochi Corporation.
If the officials of the Corporation enter such compounds without issuing proper notice to its owners, such acts could be construed as unauthorised or illegal entry into the holdings. No one would be willing to take such steps fearing legal action, explained Ms. Anu.
In one case, an elderly woman, who was living alone in her house in the city, had to move the Kerala High Court to issue directions to the local body to interfere in the issue and to clear the weeds and waste from the compound. The civic authorities could not help the senior citizen as it could not serve the notice on the owner of the holding. Later, armed with the court order, the officials of the local body entered the compound and cleaned it up, she said.
