Friday, May 30, 2014

Mumbai's 18,000 old buildings to get structural audit notice by April 10

Printed from

Mumbai's 18,000 old buildings to get structural audit notice by April 10

MUMBAI: The BMC has given wards time till April 10 to issue notices for structural tests to over 18,000 buildings that are more than 30 years old. It will be mandatory for societies to conduct a non-destructive test before they submit the structural audit report to the BMC. This was announced by municipal commissioner Sitaram Kunte on Monday. 

In Mumbai, there are 32,429 buildings that are above 30 years old. Earlier this year, the BMC had sent notices to 13,779 buildings to conduct structural audits but as there are many more old buildings, a fresh list has been drawn up. Now, the BMC has to send notices to over 18,650 buildings. 

The notice states that if the building is more than 30 years old, it is the owner's responsibility to carry out structural audits. A non-destructive test includes taking portions—the core from columns and beams and sending it for testing in a laboratory to check its strength. "The notices will be given to the secretary, chairman, owners and all tenants of the building," said a senior civic official. 

Shashank Mehendale & Associates, BJ Mehta, Structwel and Retrofit are some of the structural consultants on the panel. "Besides a visual test, the audits will have to be conducted by appointing one of these consultants," said civic official. 

After the BMC notice, the audit has to be conducted within 30 days. "The report is sent to the technical audit committee team. If declared dangerous, the report will go to the building proposals department. If the building needs repairs, the audit report will be sent to the executive engineer," said the official. The BMC has appointed a technical audit committee. "If two audits differ in their reports, this panel will decide the building's fate," said the official.

Monday, May 26, 2014

Don't be fool to expect that reliance will be fair/ transparent or lawful

Reliance's Versova-Andheri Mumbai Metro won't come under RTI - The...
DNAINDIA.COM
  • So the no accountability......
    Like ·  ·  · 14
    • Surendera M. Bhanot likes this.
    • Alok Tholiya where ever Reliance is there they do not believe in law, transparency etc. When I wanted to get name changed from a meter which stood in my beloved mothers who is no more. They asked many documents like NOC from landlord ( which I am ). But one tenant illegally took connection in my one ( of the two) property . Since I had not given a NOC and he did not possess any valid proof still got the connection. I asked from Reliance Energy of Ambani for furnishing me copies of docs given by this person. They refused and even did not accept my RTI application. Even High court favoured them on this. Reliance is a dictatorial autocratic org. which only believes in by hook and crook and not in law, moral, clean behaviour.
      3 mins · Like
    • Alok Tholiya I had also written to BMC ( ruled by BJP and SS for last 30 years) to furnish me with docs given by this same tenant . I also made RTI query. After abt two months they replied that whole file of this kishan Chohan / Hotel Ranjit is missing.
      2 secs · Like

why cant Govt/ BMC officers and MLA's be human....

Alok Tholiya,
Marigold Hall, Tholiya Bhavan, 10th Road, Next to Regency Hotel,
Near  Vakola Highway Signal, Santacruz East, Mumbai – 400 055
Tel. 9324225699 / atholiya@gmail.com




27th May. 2014

The AMC,  
H/east , MCGM,Santacruz east, Mumbai 400055
Tel . No. 26125849/26182217
Email id : Not mentioned on your letter
Web address not given with link to various sections

Reg: Your notice no. ACHE/ 354 /A E (B & F) dt 21/05/14  
SUB: you have ordered threateningly that I can be put behind bars, penalties cud be imposed on me if I do not prop up entire building and carry out extensive repairs  to  my building Saburi, 107, Vakola Bridge, santacruz east, 400055


Dear Sir,

Namaskar and Season’s Greetings.

I am in receipt of above notice. I am trying to state the factual position point by point to your this notice .

My building Saburi is 72 years old. In last 2 decades I have repeatedly tried to wake your dept to the deteriorating condition of this building viz.:
  1. Building is very old
  2. Is made of poor quality material and labour ( as mentioned by old tenant Mrs BIna Chowdhury in one of her letters in 1950’s.
  3. That building is infested with a tenant who has weakened the building by her acts of gross purposeful negligence. She exploited the most commercially the premises rented to her @ Rs.138/- p.m. and ran “ Bharat Lodging and Boarding” on first floor ( last few years  closed by her) but never tried to spend a single penny on its upkeep. She must have spent lacs in hiring a very costly senior advocate to harass me with false claims but did not spend anything to safeguard the building except depositing Rs 138/- p.m. as rent. Her tenancy agreement, her own business interest and moral responsibility makes maintaining the premises let out to her as entirely her responsibility.
  4. Mrs Bina Chowdhury installed a heavy water storage tank on first floor and erected a shade on terrace of building which has damaged the building extensively and also increased the load on old weak building. Finally ward office due to our repeated complaints ensured that the structure from terrace is removed. But by then she had already caused damage to ceiling of first floor that is terrace floor of building. The water started percolating to lower floors and damaged the building.
  5. From the first floor toilet blocks and passage adjacent there was a year round leakage to ground floor ceiling resting on wooden beams, These beams have given away due to her this purposeful way to harass the ground floor owners and other occupiers.
  6. You have referred to vegetation in building and asked same to be removed. The vegetation is above first floor level. The business of guest house requires beautification and modernisation of building premises. But forget about repairing and modernizing she didn't even spent Rs 50/- or so required to pluck vegetation.  Rather if she is running lodging house as falsely claimed by her then even any staff member could have pulled out these vegetations form roots.
  7. There is a unauthorised hôtel Ranjit in the open premises of building which is in very shabby condition, with over flowing gutters and sewer, unhygienically stored and cooked foods, ....
Sir, why did you have to allow these illegal establishments without licence and if licenced then inspite of being without licenseable condition u renewed the licence. Why?

And shockingly now you are asking me to get building vacated, get it propped up and carry out extensive repairs!!!!! Shocking!!!! All these years police, BMC staff made money from   the illegal hôtel wala, also from the badly maintained  guest house and so on but now you put the responsibility on me for getting the same vacated and then getting the same repaired?

Buildings are falling because :
A. There is a redevelopment offers for slums but not for tenanted buildings? Why?
B. Neither BMC is new to city nor it is a news that buildings are falling , have fallen and will keep falling. As a responsible civic body why you and Govt of Maharashtra kept on sleeping about this serious condition ?? Any wise honest person from BMC or urban develop ministry or newspapers or courts could have prevailed upon on policy makers that a practical and pragmatic policy is made so that neither buildings fall, nor occupiers live in uninhabitable, unthinkable, unhygienic and risky , propped up buildings in 21st century.

Pl. note that ​list of duties of ward EE says “EE will inspect the dilapidated buildings private as well as Municipal himself and will take proper action like propping and evacuating etc. as the case may be and he will maintain record of the same.

My question here is why EE is asked to wait till buildings become dilapidated and then inspect and then then be happy by taking proper action like propping up. It is like doctors be asked till one  reaches point of no return and then give him life support by admitting in ICU. Why there is no provision that much before corrective action ( either of repairs or redevelopment ) are taken.
However I am not sure if EE ever visited building. I hereby request you to provide records and visit / inspection of EE to my building Saburi. Why I too and even other occupier were not informed and not asked to remain present. What was so secretive about his visit?

Besides pl. note that tenant Mrs Bina Chowdhury had taken injunction behind my back and by misrepresentation from court that neither me nor my representatives can enter first floor premises and terrace etc.. Since I was not allowed to enter thus I can neither be blamed for deteriorating condition of building nor for not carrying out necessary repairs in time.

However 72 years are too long period for a building to stay and that too adjacent to Mithi river where ground floor gets flooded every year and where unhygienic conditions due to illegal hôtel gives birth to army of rats and rodents who are weakening building by digging beneath floors/ ladi.  

Dear Sir,
I do not have any contacts with Mrs Bina Chowdhury the tenant. The Chougule family running stall of paan bidi also never show any response.I have tried in past to have a joint meeting with tenants to resolve some common minimum erring issues like repairs and maintenance but  failed due to their non cooperation.
And as per structural Engineer the  building is irreparable or at least it is unviable to repair and  if repaired then also it will be not very safe for long. Worst is everyone will have to live in propped up building !!!!! Can’t imagine to live / work in  that condition where everywhere there r baboos on your way.
I wonder what kind of greed and mentality tenants and trespassers have who do not want to live in falling  buildings by extending cooperation and contributing their mite and instead keep slapping legal cases or keep hurling abuses and keep writing complaints against landlord the shelter providers.

I also do not know what kind of atma is there in our bureaucrats and politicians who want landlords to get only Rs 30/- p.m per room ( approx) ( due to rent act and frozen rent) but want the landlord to spend fortune in preserving falling buildings or else go to jail?

I think those responsible for extending rent act for half century instead be sent to Jail for their non vision so city looks bad, buildings fall and life and property lost.

Sir, I am sure not to get any cooperation from tenants and therefore request  you to carry out the necessary repairs as you deem fit and add same to property tax as envisaged in Recovery of expenses by the Commissioner 491.

But I repeat redevelopment is only permamnet solution for which:
i)  one window for approval of plans
ii) Easy loans to tenants and landlords for redevelopment
iii) scrapping rent act

We are awaiting further action/ advise as per relevant laws.

Kindly do the needful.

Thanking you,

Sincerely yours

Alok Tholiya


Encl: AS ABOVE
Encl. Copy of letter having ack. of your office dt. 10Dec 2013
CC to Hon. Municipal Commissioner, Mumbai
Hon. Shri Shrikant Singh P S UD2 , Mantralaya.
For info:

WARD EXECUTIVE ENGINEER
List of duties assigned to the Ward Executive Engineer.

17. He will inspect the dilapidated buildings private as well as Municipal himself and will take proper action
like propping and evacuating etc. as the case may be and he will maintain record of the same

Recovery of expenses by the Commissioner [and the General Manager].
491. Expenses recoverable under this Act to be payable on demand; and if not
paid on demand may be recovered as an arrear of property tax.
(1) Whenever under this Act, or any regulation or by-law made under this ct, the expenses of
any work executed or of any measure taken or thing done by or under the order of the
Commissioner [or the General Manager] or of any municipal officer empowered under section
[68 or 68B] in this behalf are payable by any person, the same shall be payable on demand.
(2) If not paid on demand the said expenses shall be recoverable by the
Commissioner [or the General Manager] subject to the provisions of sub-section (2) section 503,
by distress and sale of the goods and chattles of the defaulter, as if the amount thereof were a
property-tax doe by the said defaulter.

Section 475-A - Punishment for commencing work contrary to section 347 [1]

Tuesday, May 20, 2014

illegal tresspassers do not have right to property....

taken with thanks from: GEEK UPD8

http://law.geekupd8.com/2014/05/Injunction-is-a-relief-of-discretion-and-should-not-be-given-to-a-person-who-approaches-the-court-with-soil-hands.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+GeekUpd8-LawBlog+%28Geek+Upd8+-+Law+Reporter%29
Posted: 20 May 2014 02:27 PM PDT

PUNJAB AND HARYANA HIGH COURT

Before :- R.L. Anand, J.
C.R. No. 1666 of 1999. D/d. 21.7.2000.

Jit Singh - Petitioner
Versus
Sardara Singh - Respondents

For the Petitioner :- Mr. Arun Palli, Advocate.
For the Respondents :- Mr. Vijay Sharma, Advocate.


JUDGMENT

R.L. Anand, J. - Whether long possession per se, if it is without valid title or right to occupy the land/property, gives a right to the occupier to retain such possession against a rightful/lawful owner is going to be adjudicated in the present revision as this aspect of the case is being confronted by the subordinate courts in different litigations and in the High Court also many litigations on this aspect of the law are being entertained.
Read more »

Compiled by Puneet Batish for Law Reporter 'http://law.geekupd8.com for providing latest updates on Immigration laws, how-to's, acts and much more.

Wednesday, May 14, 2014

"commission of building safety "is no solution.

"commission of building safety "is no solution. Like courts ordered scrapping older by 15 years and more all taxis and tempos Same way all buildings requiring major repairs or propping should be redeveloped. There should b single window permissions and banks must give loan to landowners for redeveloping.

http://www.muktbharat.com/index.php/article/display/old-buildings/10299?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+muktbharat+%28%E0%A4%AE%E0%A5%81%E0%A4%95%E0%A5%8D%E0%A4%A4+%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%29

मुंबई
बिल्डिंग गिरने के लगातार हो रहे हादसों पर आलोचना झेल रही बीएमसी ने राज्य सरकार को हाई कोर्ट में घसीट लिया है। बीएमसी ने बॉम्बे हाई कोर्ट में रिट पिटिशन दायर कर जर्जर बिल्डिंगों को खाली कराने की जवाबदेही तय करने और ठोस दिशा-निर्देश जारी करने का अनुरोध किया है। खास बात यह है कि बीएमसी ने इस पिटिशन में राज्य सरकार और पुलिस को प्रतिवादी बनाया है। बिल्डिंग गिरने के मामलों में गंभीरता दिखाते हुए प्रशासन ने पहली बार इतना सख्त कदम उठाया है।

कानून और नियम में फंसा जर्जर बिल्डिंगों का मसला
पिछले एक साल में जर्जर हो चुकी बिल्डिंगों के गिरने से सैकड़ों लोगों को अपनी जान गंवानी पड़ी है। हर हादसे के बाद सीधे तौर पर बीएमसी को जिम्मेदार ठहराया जाता है। ज्यादातर मामलों में नियम और कानून के पेंच में फंसने की वजह से खतरनाक बिल्डिंगों को खाली कराना मुश्किल साबित होता है। बीएमसी के अधिकारी के अनुसार, वर्तमान में जर्जर बिल्डिंगों को खाली कराने के लिए हमारे पास बेहद सीमित अधिकार हैं। 30 साल से अधिक पुरानी बिल्डिंग का स्ट्रक्चरल ऑडिट के बाद यदि बिल्डिंग जर्जर व खतरनाक पाई जाती है तो बीएमसी उन्हें मरम्मत या खाली करने का नोटिस देती है।

हालांकि, अक्सर निजी बिल्डिंग के निवासी घर खाली करने से मना कर देते हैं। कुछ जगहों पर तो ऑडिट रिपोर्ट फर्जी होने का हवाला देकर सोसायटी के लोग कोर्ट पहुंच जाते हैं। ऐसे में बीएमसी कुछ नहीं कर पाती है। बीएमसी ने कोर्ट के सामने ऐसे ही कुछ विवादित मामलों को पेश किया जहां, प्रशासन की ओर से नोटिस दिए जाने के बावजूद निवासी घर खाली करने से इनकार कर देते हैं। पिटिशन में हाई कोर्ट से भी जर्जर बिल्डिंगों के बारे में दिशानिर्देश निर्धारित करने का अनुरोध किया है।

'कमिशन ऑफ बिल्डिंग सेफ्टी' जल्द बनाने की मांग
बीएमसी के एक अन्य अधिकारी ने बताया कि पिटिशन में हमने राज्य सरकार से जल्द से जल्द 'कमिशन ऑफ बिल्डिंग सेफ्टी' सेल का बनाने का अनुरोध किया है। 1998 में राज्य सरकार ने कमजोर बिल्डिंगों से जुड़े मामलों का निपटारा करने के लिए कमीशन ऑफ बिल्डिंग सेफ्टी' बनाने की बात कही थी लेकिन अब तक ऐसा नहीं किया जा सका। वहीं, पिछले साल डॉकयार्ड बिल्डिंग हादसे के बाद भी कमिशन ऑफ बिल्डिंग सेफ्टी' बनाने का वादा किया गया था लेकिन अब तक कोई प्रगति नहीं हुई। निजी हो या सरकारी सभी बिल्डिंगों के लिए सेफ्टी सेल का फैसला आखिरी होगा।

बीएमसी ने जर्जर बिल्डिंग के मामलों के लिए राज्य सरकार से ज्यादा अधिकार मांगा है। इसके अलावा मुंबई पुलिस को भी इसमें प्रतिवादी बनाया गया है। अधिकारी के अनुसार, सीआरपीसी के सेक्शन 133 के तहत पुलिस भी जर्जर बिल्डिंग से लोगों को खाली करा सकती है लेकिन इस वक्त वह बीएमसी के बुलाने पर ही आती हैं।

BMC blames Maharashtra govt, police for rundown bldg crash deaths

Alok says: For the first time in its history BMC ( Mumbai Municipal Corporation ) has shown wisdom and courage by filing this PIL in Bombay High court for the first time in its over 100 years. They are blaming openly by giving facts that how police is not using powers which are bestowed upon them and avoiding to take precautionary steps and finally many innocent lives are lost when dilapidated buildings fall. So much so, but will someone file a PIL against government of Maharashtra and BMC for not farming a healthy practical policy so that buildings are redeveloped much before they become risky and uninhabitable. Shockingly we see so many buildings with props and in bad condition as government has introduced all bad laws like anarchic and ancient Rent act which discourage reconstruction…….And then they arrest  landlords at least buildings of landlords have survived two to three times more then built by builders, BMC, MAHADA etc..



Printed from
http://timesofindia.indiatimes.com/photo.cms?photoid=1799437
BMC blames Maharashtra govt, police for rundown bldg crash deaths, tells HC they don’t do enough
Bhavika Jain,TNN | May 14, 2014, 12.58 AM IST

MUMBAI: Blamed often for the deaths when ramshackle buildings crash, the Brihanmumbai Municipal Corporation (BMC) has filed a writ petition in the Bombay high court against the state government, Mumbai police and the residents of a dilapidated building in the suburbs who refused to move out.

The civic body made the state government and the police party to the petition, claiming they haven't done anything to solve the complex problem despite having the powers to do so.

It has demanded that the state government establish at the earliest a commission of building safety that was proposed in 1998, said officials.

"The commission was supposed to be a quasi-judicial authority whose writ would run over all the buildings in the city. Its orders would be binding. Today, the BMC's biggest problem is that whenever it declares a building is dilapidated based on a structural engineer's report, residents bring another, claiming the building is fine. It's in situations like this that the commission is needed," said a senior civic official.

The BMC has pointed out that under section 133 of the Criminal Procedure Code, the police can on its own evict people from dilapidated buildings. But now, the cops come only if the BMC undertakes an eviction.

"We have given a case study to the high court and asked them to give us guidelines about what should be done. It should not look like the BMC is not doing enough to prevent collapses," said another civic official. The BMC has submitted a set of draft guidelines.

The civic body has also asked the state government to give it more powers to evict people from private buildings. Currently, it has to use the disaster management Act and cut the water and electricity supply to force people out.

The BMC has pleaded urgency in the high court as they are facing problems during eviction and demolition of extremely dilapidated structures and has asked for a solution at the earliest.

So far, over 400 buildings that are more than 30 years old have been declared as dilapidated. In all, there are over 32,000 over-30 buildings and the number will increase as other reports come in.