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Builders were crooks, govt was an accomplice
DHARMENDRASINH CHAVDA
How did the authorities in Ahmedabad deal with the illegal constructions
that were mushrooming faster than you could say Keshubhai Patel?
They issued an ordinance that legalised the same buildings and even
levied an 'impact fee' on the builders.
The
ordinance, issued on November 2, left nothing to chance, or imagination.
Every conceivable illegality — be it construction in common
areas and margins, a change in the building's height, coverage of
projections, excess floor space index or change of land use —
could be regularised. In effect, all buildings which were considered
unfit for a building use certificate could now enjoy legal status,
including the now notorious Mansi and Shikhar.
The
government took refuge behind the catchword 'public interest'. "Administratively,
removal or pulling down of a large number of buildings is neither
feasible, nor desirable,'' pleaded the government — it would
cause "hardship to large numbers'' or worse, cause a law and
order problem.
The
buildup to the ordinance speaks volumes for the clout builders enjoy
with the government. While hearing a clutch of petitions against
illegal constructions, the Gujarat High Court asked the Ahmedabad
Municipal Corporation (AMC) and Ahmedabad Urban Development Authority
(AUDA) to enforce existing rules and laws.
They
obliged: they knocked down a wall here, cleared a basement of illegal
shops there, removed hawkers from footpaths. But the multi-storeyed
buildings stayed put, with the solitary exception of the 10-storeyed
Centre Point at Panchavati in Ahmedabad, where an illegal floor
was removed after much prodding from the court.
The
bench, comprising Justice B.C. Patel and Justice P.B. Majmudar,
expressed its exasperation: "No genuine reasons are placed
before the court as to why the AMC is not taking strict action.
It is expected from the commissioner, who is vested with statutory
powers and duties, to act as an independent officer...''
When
the court asked the AMC why it wasn't demolishing the illegal buildings
on Ahmedabad's posh C.G. Road, the AMC had its excuse ready: cases
involving these building were pending in courts. The court dug deeper
and found that in several of these cases, the builders had actually
lost out. One builder had taken his battle all the way to the Supreme
Court and lost, yet, the AMC hadn't moved an inch.
The
court then initiated contempt proceedings against former AMC administrator
P.K. Ghosh and pulled up the current commissioner K.Kailashnathan
and AUDA chairperson Surendra Patel. It also ordered AMC to initiate
action against those employees who had contributed to the illegalities.
The government then drafted its escape plan: an ordinance that would
bail out all those involved.
Advocate Mihir Thakore, who represented the Consumer Protection
Council in a petition against allowing residential premises to be
used as commercial purposes, said, "The court asked the government
to enforce the law. Instead, they legalised all illegalities by
charging an impact fee. But an impact fee cannot be a substitute
for town planning.''
In
an affidavit, the municipal commissioner told the court there were
9,200 illegal buildings in Ahmedabad. The commissioner threw up
his hands, saying it would be impossible to demolish so many buildings.
The
government then appointed a committee to lay down guidelines for
regularisation of illegal buildings. Reputed architect B.K. Doshi
was asked to join the committee, but he refused, since the government
wanted a report in 15 days flat.
But
the government was in a tearing hurry, and it issued the ordinance
anyway. In its hurry, the government even promised to gloss over
all that the builders had left behind: if a building did not have
fire safety features or equipment, the government would arrange
for it. If a builder had constructed shops and offices in the parking
lot, the ordinance said the government would provide the parking
facility. But the cost of these facilities was to be recovered from
the builder, owner or occupier.
Other stories in the series
»February
8, 2001: They built on quicksand
of greed
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