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Illegal Constructions !!! Who Bears The Brunt : The Builder Or The Residents ?

26 June 2011 No Comment

Mumbai : RTI Activists across the country have been digging out files and exposing illegal constructions, which in turn has created a mayhem among lot of people and who are they ? The Builders ? No…. the people who bought them without knowing that they were buying a property which was illegal, we all say that we should not allow Illegal structures to Come up……Is it correct ? Yes.

The illegal constructions often take the form of complete buildings, constructed on land that is not owned by the builder( most of the time),  such as that which is designated for public services (social services, community centers, schools, public parks, religious buildings, etc.), as well as streets and highways. Often the illegal structures are designed without the input of a licensed architect or engineer. Such buildings likely fail to meet standard safety codes, thereby presenting a danger to inhabitants, visitors, and neighbours. But what if the constructions were designed by Licensed Architects or Engineers ?

Many a times the Community forgets one thing, who is responsible for stopping illegal constructions happening ?….The Municipal Corporations of that particular Area but did they do their job ? No…. why ? because they earned for approving the same and keeping their eyes away from the place. Recently in a case a Judge rapped the BMC and questioned who is responsible for looking at incidents like this….is it the courts or the BMC, the Judge also questioned that are they sitting in courts to just look after matters which the BMC should be handling, the Judge also fired residents of the Illegal Building and said people cant come back and cry in the courts and say they were not aware that they had bought property without knowing the legal status of it.

Here are few questions which we put across to everyone, including the Government and these are not for the ones which are being built but for those Flat Owners who have put in their life time savings to Buy a House in a 7 yrs /10yrs /15yrs old building..

Howmany Municipal Corporations are giving out  correct information to people when they approach them for knowing the status…the common man could not get any information till the RTI Act came in and even after the RTI Act came in to existence, Either the person is made to run around for getting a reply after filing the RTI as he does not have the CTS number of the plot or he is confronted with the builder or developer to either amicabally settle the issue and if he disagree’s he faces consequences later in the form of attacks, unless he creates a media hype about it(Not every case gets media attention as every day there thousands of Illegal Constructions Happening) .

If the Builder has constructed a building , with say 2 or 3 floors illegaly and the buyers have bought the properties , registered it, paid stamp duty looking at the details of water connection and property tax receipts of the property, the registrar office which registers the agreement what is their responsibility ? just register the agreements.

Builders skip of from situations like this and the common man bears the Brunt, Why doesnt the Government make the constructor/ Developer / Builder payback the current market rate amount to the people whom he sold his illegally costructed property ?

Why are the BMC  officials  who allowed Illegal Constructions just reprimanded and let offwhy even they are not made to pay the victims who have been doomed after putting in their lifes saving and later coming to know that the property what they bought is illegal.

Very specifically asking…Government enacted MOFA act but howmany buildings allover Maharashtra have Occupancy Certificate (OC) and builder has done Conveyance, approximately only 20% of buildings have Occupancy certificates and Deemed  conveyance papers remain stuck with the Registrar of Societies…..why ? There also the builder lobby plays a role….How ? If we dont allow conveyance to happen the title of the plot on which the building was constructed still remains with the builder / developer as per the agreement he has signed with the owner for developing the said plot and so if a demolition happens on the construction he claims his right again on the Plot !!!, how many builders pay tax on lands which are bought ?

If the buildings were illegal howmany buildings were sent Notices for the same ? Practically None…!!! so who is responsible FOR THIS MESS the BMC, Builder / Developer and the Government offices which have indirectly given a feel to the people that the buildings are Legal so who should be made a culprit ? the builder, BMC or the person who bought the property looking at documents of the building what he was provided ?

If the State Government is so strict on the matter of Illegal Constructions why were they not strict in imposing Hefty fines on Builders / developers and BMC officials due to which these constructions cropped up ?

The maximum fine for a Builder is, he is barred and cannot construct new buildings...but practically what happens ? The builder switches off one company starts another company as a sleeping partner and continues with the saga of his illegal constructions… and who pays for his misdeeds again the Resident of Such construction…why ?

Can the Government come up with a law to make the builder / developer pay up at current market rate for the illegal construction which he has made and sold ? can the government protect the rights of the people who have been a victim of such construction activity which was given birth by carelessness of their officials ?

Is making Sattelite cities solving problems of accomodation or creating more ? As none of them are monitored when the constructions are happening…so is breaking the constructions anywhere  a only solution ?

Will the Government enact a law and make the builder pay for the TDR and additional FSI what he has used and protect the Residents ?

These are a pandora of questions which the authorities should look into and think before ordering demolition of Illegal Constructions where residents have been already staying and NO NOTICES WERE GIVEN WHEN THE CONSTRUCTION WAS HAPPENING, Today Activists are raking out issues which the Government Machinery(BMC) was sleeping on, but as an activist down the line somewhere even they would have felt that DEMOLITION OF ILLEGAL CONSTRUCTION IS A MUST BUT CONSUMER RIGHTS SHOULD ALSO BE PROTECTED, SPECIALLY THOSE WHO WERE UNAWARE OF SUCH CONSTRUCTIONS.

Today RTI Act has given a powerful tool to the common man to findout the truth, but howmany people know and use the RTI Act and what after digging out everything they findout that even they have been cheated, a Builder / Developer who easily escapes from the legal tangle should be made to pay heavily for his illegal activities as just by punishing a consumer the Goverment will give birth to more criminals than curbing the Crime.

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