On Unauthorised Constructions an Environment handicap

Unabated unauthorised constructions –A threat to Environment – A source of corruption also-Deterrent actions required.

 

Unauthorised constructions go unabated as there is no pre-emptive pressures and when it comes to open the “affected” offenders use all means to stop demolitions. Ultimately financial expediency and populist pressures lead the Government to resort to regularize in regular intervals. Unauthorised constructions are seen as building violations whereas the same should be seen as  ANTI-Environmental and ANTI-URBAN PLANNING. Unauthorised constructions eat into the open space in land and atmosphere in an unplanned manner.

 

Unauthorised constructions are one of the biggest source of corruption also and hence it should be dealt with deft hand.

 

As on date select actions are going on both at judicial level and administrative level only if the issues come out due to bad luck of happy offenders.  Instead Government should fully map the brick and mortar structures of the cities/towns/villages classifying authorised and unauthorised parts of a building and also develop pre-emptive pressures.

 

Due to unauthorized constructions Easement rights of light and ventilation are lost by neighbours as planned free place as setback provides better light and air to all. So a person indulging in unauthorised constructions is usurping the space of his neighbours. This is a trespass into others right on atomosphere but the same gets regularised due to apathy or inabilities of system without bothering for affected neighbours. So while regularising unauthorised constructions due to political compulsions the Government curtails the rights of innocents.

 

Sometimes well grown trees are being cut without conscience though we talk about greening of cities.

 

If there is no free space, there is no parking space and parking goes to public roads/spaces. So unauthorised building owners usurp into the public property. Generally misuse of parking space in multi-storied hospitals and commercial buildings do not come to light and public property is usurped with immunity affecting movement of traffic also.

 

Unauthorised constructions increase demand for water and electricity and strains sewerage system and they become unplanned strain on such public utility services. The first causality is electricity supply. Disturbances in Sewerage System add to health problems also.

 

 

In the above context I give following suggestions: 

 

1.a)Unauthorised constructions are treated as civil case but should considered as criminal case as it interferes with others' easement rights, ENVIRONMENT, public utility services and law must be amended to make it non-bailable. Granting of bail should be made possible only if demolition is undertaken. The demotion should be without affecting rights to person and property of others or else suitable compensation to affected neighbours should be given. Fear of criminal action will act as deterrent for unauthorised constructions. 

 

1.b)Generally unauthorised constructions involve corruption and hence bribery should be presumed (as consideration is presumed under Negotiable Instruments Act for negotiable instruments like Cheques) and persons indulging in unauthorised constructions should be fixed as bribe givers under existing criminal law.

 

2. The Government should be vested with right of taking over the property without compensation in case of gross violations or with only compensation for land. Fear of losing the property will act as deterrent for unauthorised constructions.

 

3. Until demolition or correction or take over by the Government stiff one time penalty of double the cost of extended size of area(cost shall mean not merely cost of construction but actual cost of buying such built up area) and yearly penalty of rental value of the building shall be levied. Without recurring penalty there is no strong deterrent.

 

4. For pre-emptive informations, the Government personnel  who regularly visit areas should be involved, viz., police personnel as they go round on beats, health(conservancy and garbage clearing) workers, electricity board employees, postal department personnel etc.(They can be given incentive for giving information on unauthorised constructions and deterrent action if they fail to inform).

 

5. Others not in service also can be involved with incentives and assurance of confidentiality. Dedicated tele-links or mobile links with auto recording for informations may be developed.

 

6. Construction material suppliers may be involved in the process with carrot and stick policy of cancellation of business licence and tax incentives. For qualified architects and engineers it should be made professional misconduct punishable by professional bodies as well as under criminal law.

 

7. Establishment rules for Government Servants should be suitably strengthened to deter them from indulging in unauthorised constructions in their own houses.

 

 

Sir, a concrete step to stop intention towards unauthorised constructions will go long way to solve the Environmental issues and strain on public utility services. Stop unauthorised constructions and save Environment and Urban life. Will it come?

 

With Regards,

 

 

VIJAYASENAN P

 

cell 9444058950

Tax Exemption on LFC

Tax Exemption on Leave Travel Allowance

Your article in the Hindu BL on 25.11.2012 - Regarding

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Thank you very much for the educative article on Tax Exemption on LTA. Madam, I would like to know the tax exemption provision for the yearly home town LTA being given to persons posted to North Eastern States, Andaman & Nicobar, Lakshadweep or Sikkim and for first 8 years for fresh recruits in the Government.

I understand that the amount of investment vis-à-vis employment generated is high in “Tourism” and to encourage Tourism taking into account the employment generating potential, the government can consider higher tax exemption without restricting the same to expenses on travel per se, i.e., to cover expenses on stay, food, sight-seeing, and so on. The Hon’ble Finance Minister can consider additional amount depending on the number of persons travelled on LTA. I am confident that an article on these lines in Business Line will bring desired response in the ensuing budget.

With regards,

Vijayasenan. P

L6 Lotus Colony

Nandanam

Chennai 600035

Medi Claim Policy Premium

My open letter

Dear Sir,
Given below are some of my thoughts put down as suggestions in response to reports that further increase in medi claim premiums are being contemplated. If liked please write in similar lines with any add on suggestions to various authorities and newspapaers so that suggestions gets attention of the Government. With budget preparations on this is the right time. The Government through IRDA may or by itself take steps to protect the interest of the clients in general and elders in particular from increase in medical insurance premiums. The IRDA must ask insurers to 1. For fixing rate of premiums elders(above 60) should not be grouped separately but all age should be in one group( or two at the maximum)so that automatically cross subsidising happens among age groups. Long standing customers may also be given discount in premium instead of present cumulative Bonus in sum insured. There can be common pool for medi-claim policies of elders which private players shun away and PSUs also discourage following private players. 2. As health of individual is important for health of the Nation and through insurance policies the policy holders save Govt funds also by self reliance, the Government should do away with service tax on medical claim policies. 3. Insurance companies should be given deduction from income for medi-claim premia collected especially from elders so that they can keep the premium at low levels. 4.The section 80.D deduction for premium paid should be without limit rather it should be for more than 100 % to encourage medi-claim insurance polcies among public. 5.Few years back the Government was good to extend 80 D deduction to premium paid on not dependent parents also. Government may kindly allow deduction from income even for premium paid to policies on other relatives whom one may have to take care, for instance brohers, sisters, grand parents or grand children or any such ascendants and descendants including family side of spouse. 6.The Government also extend such deduction to premium paid for medical insurance polices on personal assistants like Gardener, domestic help, drivers or similar employees of an individual or his/her family and this move will be involving people in welfare of unorganised labour.
with regards,
Yours faithfully
  VIJAYASENAN.P
L 6 LOTUS COLONY
NANDANAM
CHENNAI 600 035
CELL 94440 58950

BUDGET 2011-solar power/perk value taxation

IT IS QUITE SURPRISING THAT BUDGET IS NOT ADDRESSING THE ISSUE OF SOLAR POWER WITH ANY BIG THRUST. IS IT BECAUSE THE COST PRODUCTION OF SOLAR POWER FOR THE TIME BEING IS COSTLY? BUT IN FUTURE IT HAS ADVANTAGE AS MASS USAGE MAY LEAD TO MORE RESEARCH WHICH MAY BRING DOWN COST. MASS INVOLVEMENT IN SOLAR POWER IS YET TO PICK UP; BUT NOW FRESH INCENTIVES TO INCULCATE MASS INVOLVEMENT IN SOLAR POWER.

IN DIRECT TAXES THE FM SHOULD HAVE RE-CONSIDERED PERK VALUE TAXATION ON INTEREST CONCESSION AS WELL AS RESIDENTIAL QUARTERS(RQ). ESPECIALLY IN CASE OF BANKS TRANSFERABILITY ie NATURE OF JOB MAKES PEOPLE TO AVAIL RQ FROM EMPLOYER. FURTHER ANY EMPLOYER EXPECTS ITS OFFICIALS TO MAINTAIN CERTAIN STATUS. THUS RQ IS NOT A FACILITY IT IS A NECESSITY DUE TO NATURE OF EMPLOYMENT.

LIKEWSIE IN BANKS INTEREST CONCESSIONS ON HOUSING AND VEHICLE LOANS ARE EXTENDED NOT ONLY AS EMPLOYEE WELFARE MEASURE BUT ALSO AS A POLICY MATTER OF GOVERNMENT TO PROVIDE HOUSING FOR ALL AND TO DEVELOP AUTOMOBILE INDUSTRY. HENCE PERKS ON INTEREST CONCESSIONS ON HOUSING LOAN AND VEHICLE LOAN DESERVES TO BE DROPPED PER SE. FOR OTHER LOANS IT SHOULD BE COST FUND FOR BANKS SHOULD BE CRITERIA AND NOT ANY OTHER NOTIONAL RATE OF INTEREST THAT TOO FOR LOANS BEYOND A YEAR'S GROSS SALARY.

IN FACT AS PER CANONS OF TAXATION THE PERK VALUE TAXATION ON INTEREST AND HOUSING AND REIMBURSEMENT OF MEDICAL EXPENSES BECOMES RETROGATIVE.IT IS QUITE SURPRISING THAT THE PERK VALUE TAXATION ON MEDICAL REIMBURSEMENTS CONTINUE AS IT HITS AN INCOME TAX ASSESSEE WHO IS SUFFERING IN FAMILY FRONT WITH HEALTH PROBLEMS. WHY MULTIPLE LICENSING/REGISTRATION FOR HOSPITALS WHEN THEY ARE REGISTERED WITH THEIR LOCAL BODIES AND OTHERWISE ALSO WHY AN ASSESSEE WHO GETS REIMBURSEMENT SHOULD SUFFER INSTEAD OF HOSPITAL. IN SAME HOSPITAL IF ONE GETS REIMBURSEMENT THROUGH MEDI CLAIM INSURANCE IT IS NOT TAXABLE BUT IF HE GETS FROM EMPLOYER TAXABLE.Such employee suffer by fate with ill health in their family and Government rubs them with perk value tax on medical reimbursement. IT IS UNFORTUNATE THAT OUR REPRESENTATIVES ie MEMBERS OF PARLIAMENT KEEP QUIET ON SUCH ISSUES?

OLD GENERATION PRIVATE SECTOR BANKS-A CASE FOR NATIONALISATION

THE SOCIAL CONTROL FOLLOWED BY NATIONALISATION OF BANKS IN 1969 HAD BROUGHT OUT GOOD CHANGE IN ECONOMY. TO IMPROVE UPON THE NOW WE ARE GOING FOR FINANCIAL INCLUSION. THE NEW GENERATION PRIVATE SECTOR BANKS MAILY CONCENTRATE ON HIGHEND AND HIGH MIDDLE INCOME SEGMENTS BUT FOR SYMBOLIC SHOWs. BUT NATIONALISED BANKS GO FOR LOW INCOME AND MID INCOME SEGMENT.UNLIKE THE NEW GENERATION PRIVATE SECTOR BANKS WHICH RELY ON INDIRECT FINANCING TO ACCOMPLISH THE PRIORITY SECTOR TARGETS, THE ESTABLISHED PRIVATE SECTOR BANKS(OLD GENERATION PRIVATE SECTOR BANKS) ALSO FUNCTIONED ALMOST IN LINE WITH NATIONALISED BANKS. HENCE THEIR PENETRATION POWER AMONG PEOPLE OF LOW/MID INCOME SEGMENT IS MORE THAN NEW GENERATION PRIVATE SECTOR BANKS. THE GOVERNMENT OPENING UP THE BANKING SECTOR FOR PRIVATE PLAYERS ESPECIALLY DELIMITING VOTING RIGHTS OF FOREIGN INVESTORS WILL HAVE SERIOUS OWNERSHIP AND FUNCTIONAL IMPACT ON THESE ESTABLISHED PRIVATE SECTOR BANKS. STATKEHOLDERS INCLUDING LOW/MID INCOME PUBLIC WILL BE AFFECTED BY SUCH TAKEOVERS. INORGANIC ENTRY OF NEW PRIVATE PLAYERS INTO BANKING SPACE MAY HAVE TO BE CURTAILED. HENCE THE GOVERNMENT SHALL HAVE TO NATIONALISE OR MERGE WITH NATIONALISED BANKS THE ESTABLISHED(OLD GENERATION) PRIVATE SECTOR BANKS WHICH WERE FORMED BEFORE 1980 ie YEAR IN WHICH SECOND DOSE OF NATIONALISATION WAS DONE. This will make new players to create new space ie organic establishment exercise and not inorganic efforts of eating into existing space.As banking controls due to deposits more funds than share value by buying share private players may try to rest control of disproportionately higher finance in their hands. By nationalisation the customers and staff of existing established private sector banks also will feel secure and industrial disturbances will less.

Taxation - Budget-2010-Post ONE

The budget proposals are generally good though increase in fuel prices could have been avoided or minimised to avoid its cyclic effect.INCREASING PRICES HAVE NEVER SHOWN REDUCTION IN CONSUMPTION; PRICE INCREASES BECOME SIMPLE REVEUE MECHANISM. To save from high cost import bills on fuel and in view of the below demand electricity generation the FM should have given a MEGA THRUST to TAP SOLAR POWER.

ON THIS CENTENARY YEAR OF WOMEN'S DAY THE FM COULD HAVE GIVEN SEPARATE EXEMPTION FOR EDUCATIONAL EXPENSES ON SPOUSES WHICH WILL LARGELY BENEFIT HOUSE WIFES AS HUSBANDS WILL BE INCLINED TO PUT THEIR HOME MAKERS ON CONTINUING EDUCATION.

FM SHOULD HAVE WITHDRAWN PERK VALUATIONS OR HUMANISED THE SAME - (MY VIEWS TO APPEAR SEPARATELY ON PERKS)

FM SHOULD HAVE CONSIDERED INCENTVE IN TAXES EITHER DIRECT OR INDIRECT FOR e WASTE COLLECTIONS, oldBattery/CFL bulb collections, discarding old automobiles etc., to save environment.(Though they save electricity i understand that the old CFL bulbs may not be enviornment friendly as in the case of e waste,old batteries etc.Likewise to encourage old vehicles out of road and to give booost to automobile sector with saving of fuel consumption by discarding old vehicles instead of selling them is to be incentivised)

nothing is late FM can look into the issues now also.

ENVIRONMENT CONCERNS vs HOUSING FOR POOR

It is reported that the environmentally important COASTAL REGULATION ZONE NOTIFICATION IS BEING re made TO PAVE WAY FOR CONSTRUCTION of Houses IN COASTAL AREAS IN THE NAME OF 'HOUSING FOR POOR' and enabling recommendation is available in Report of Dr. M.S.Swaminathan Committee for review of CRZ notification 1991.WRONG THING IS BEING DONE IN RIGHT WAY by putting one of the important issue of the society against other. What Government should think over - IS THERE NOT ANY ALTERNATIVE to CARRY OUT OUR COMMITTMENT TO HOUSING FOR POOR?have we exhausted all options to poor in housing? IS COASTAL AREA PENETRATION ALONE IS WAY left out? WHO WILL BENEFIT IN LONGRUN? HOW MUCH ENVIRONMENT WILL BE AFFECTED? IF CONSTRUCTION IN COASTAL AREA IS AGAINST ENVIRONMENT THEN HOW THE PURPOSE WILL JUSTIFY THE SAME? ARE WE NOT PUTTING THE POOR IN RISk? In my opinion authorities are becoming victims of Manipulative Moves of some interested groups. Authorities must tread on the subject carefully without falling prey for their own whims and fancies or of others!