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

www.aloktholiya.blogspot.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:

http://www.mcgm.gov.in/irj/go/km/docs/documents/MCGM%20Department%20List/Wards/Assistant%20Commissioner%20(F-South)%20Ward/RTI%20Manuals/F_South_RTI_E_03.pdf

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]