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
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