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How To File Complaint Against Municipal Corporators, Fight Encroachment of Public Spaces & Unauthorized Constructions

4 July 2011 2 Comments

Dear fellow activists & citizens,

THE PROBLEM: We see encroachment of public spaces and unauthorized constructions happening everywhere. Municipal Corporators or Councilors are a big part of the problem, as they encourage all sorts of illegal activities and profit from it. The provisions of law for disqualifying Corporators are outdated and weak.  (See Section 16-18 of Mumbai Municipal Corporation Act 1888 and Section 15 of Nagpur Corporation Act 1948 for provisions on disqualification. All Municipal Corporations in Maharashtra are operating under three such Acts.)

EMERGING SOLUTION: Maharashtra Government is trying to curb corrupt corporators. On April 29, 2011, the State Government gave authority to the Chief Minister to disqualify Mayor, Deputy Mayor and Corporators. The Cabinet approved a proposal to make some important amendments in Acts governing Municipal Corporations. A senior official from the Urban Development Department said, “If a Corporator is not complying with norms, then he is liable for disqualification. After the amendments, the Chief Minister can take a decision on the issue on the basis of Civic Commissioner’s recommendation”. In earlier process, the issue was to be taken by the General Body of the corporation and referred to Commissioner, who in turn, directed the matter to the city Civil Court. Recent news items: http://tinyurl.com/News-Corporator-Dismissal

HOW WE CAN PARTICIPATE: While they are still amending the law, let us strengthen their hands by lodging complaints against tainted corporators.

FORMAT FOR COMPLAINT AGAINST CORPORATOR: http://tinyurl.com/Complaint-Corporator-Dismissal

(The format has a handy menu of choices of illegal activities that corporators generally involve in, and the kind of material that you can include as supporting evidence. This will enable you to draft your complaint really quickly!)

PLEASE NOTE:

1)      ADDRESS YOUR COMPLAINT TO MUNICIPAL COMMISSIONER and not anybody else. Although Urban Development Minister or Chief Minister will be empowered to dismiss the corporator, only Municipal Commissioner is empowered to receive complaints.

2)      YOU DON’T HAVE TO GATHER FOOLPROOF EVIDENCE, because you are only a citizen and not an investigating authority or a public prosecutor. If you are reasonably sure of your facts, please file a complaint with whatever you know and whatever evidence you have. It is the job of the authorities to investigate based on your complaint.

3)      DON’T BE AFRAID OF DEFAMATION. To complain against a person in his capacity as public official, with or without proof, is not defamation. Moreover, read this: http://tinyurl.com/Complaint-is-not-Defamation

ALSO READ:

A.      UNAUTHORISED CONSTRUCTIONS — What you should know about it for filing RTI Application & Lodging Complaint to Building & Factory Deptt: http://tinyurl.com/Unauthorised-Constructions-RTI

B.      ENCROACHMENT OF PUBLIC SPACES – Early warning signs: http://tinyurl.com/Early-Warning-Encroachment

C.      ENCROACHMENT –  Documents to seek under RTI: http://tinyurl.com/RTI-Documents-Encroachment

Acknowledgment: My thanks to RTI activists Mukund More, Raja Bunch, G R Vora and Sherley Singh for their inputs.

2 Comments »

  • subha said:

    ALL INDIA INSTITUTE OF MEDICAL SCIENCES NEWDELHI have a registrar who is non medico and having qualificatio of degree in arts(but heard that he didnt even clear that exam).Is this justifiable?.

  • Lakiesha said:

    And to think I was going to talk to someone in person about this.