Tuesday, June 29, 2010

Dear Sir,

This is my published letter to editor in Deccan Herald dated: 21-06-2010, Mangalore Edition.

AKRAMA SAKRAMA - BJP GOVT PLAYING POLITICS

Akrama Sakrama is again in the news with the latest statement of transportation Minister Mr.R.Ashok. It appears that there is inconsistency in his statements and the policy of state government on this important issue as he keeps on changing the extent of the site, regularization fee, time frame etc. Matter has been dragging on for the past almost 5 years by all political parties and it has also seen legal battle for no reason !. [Everything is because of poor management of whole issue by politicians and bureaucrats.]

No doubt, well regulated and planned development of all kinds of building is a must for orderly growth both in urban and rural area. Illegal constructions on government land should be demolished. Also blatant violations of building licenses by builders at the cost of public interest should be dealt with severely. However, minor deviations in the construction of own dwelling units / houses in the private property shall be regularized wherever such deviations do not affect public interest or cause any injury to the neighbors. However, this deviation should not exceed 50% and also to be considered on case to case basis having regard to various facts like road width, site condition, safety and technical aspects from planning perspective. Also heavy penalty should be imposed on the violators.

It is worth noting here that the building bye-laws of Bangalore and Mangalore City Corporations provide for regularization of deviations to the extent of 5% if the Commissioner is satisfied that no purpose would be served by demolishing the deviated portion. But, interestingly, this is 25% as per the bye laws of Mysore City Corporation. Two different laws in the same State!. This means Mysore citizens are entitled to get regularized with 25% deviation while rest of the people in the state are restricted only to 5% !.

It is estimated that nearly 7 lakhs poor and middle class people are eagerly awaiting the enactment of new legislation and implementation and their future is hanging in the hands of these political leaders. By one time regularization without causing any injury to public or neighbor and without compromising on safety aspects, the government can put an end to this and also generate huge revenue which shall be utilized for urban development like development of parks, open spaces, public utility centers etc.

The BJP government passed an ordinance to this effect in haste before elections to BBMP. The Governor returned the same for appropriate legislation. This lead to some political drama. Now the government is again sleeping over the matter and Mr.Ashok, who appears to be an expert in this and the sole spokesperson for the government, has again created confusion in the mind of people by giving inconsistent statements. This only reflects lack of clarity on such an important matter on the government's part.

The Governor should intervene and advice the state government to introduce appropriate legislation forthwith. Otherwise, this issue will be kept pending for another 3 years and used during future elections to woo urban voters by the BJP. The affected people should petition to the Governor seeking justice as his Excellency Mr.H.R.Bharadwaj, being a legal luminary by himself, has shown that he is pro active, dynamic and activist Governor and will not act as a rubber stamp.

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