NMC not disqualifying corporator for unauthorized construction

Nagpur: The Nagpur Municipal Corporation (NMC) had slapped a notice on corporator from BJP-led ruling alliance Aslam Khan for unauthorized construction three years ago. Khan is liable for disqualification as corporator from the date of notice as per the Maharashtra Municipal Corporations (MMC). However, the civic body has neither disqualified Khan nor initiated action against the unauthorized construction, violating the norms and also numerous high court orders against unauthorized structures.
Khan is a corporator from Mahendra Nagar ward-4 in North Nagpur and belongs to the Muslim League party. NMC Slum Authority had issued notice to Khan and his three immediate family members on September 24, 2013. Ex-corporator from Khan’s ward Abdul Hameed Ansari recently lodged a complaint against Khan with the civic chief, pointing out the notice issued to Khan.
Interestingly, the Slum Authority had directed Khan and his three family members to raze unauthorized construction within 24 hours of receiving the notice. NMC was supposed to raze the unauthorized construction after the end of 24 hours. Unfortunately, three years have passed since issuing of the notice but no action has been taken.
In the notice issued under section 3Z-1 of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Second Amendment) Act 2001, Khan and his three family members had been asked to demolish unauthorized constructions on ground and first floor.
“Khan’s house is situated in Nai Basti, Azad Nagar, Teka, which is a notified slum area. Pucca construction is allowed only after building plan is sanctioned. But Khan constructed G+2 floor pucca construction without any building plan sanction. Besides, no construction is permitted beyond ground floor. Khan had also constructed atop the sewage line. NMC has ignored these brazen violations, and not acted on its own notice. I had lodged complaints on regular basis seeking action against Khan over last three years, but no one took cognisance,” Ansari said.
Khan has not even contested the notice issued to him or the action threatened by NMC.
Alleging a political conspiracy, Khan said there are over 170 such unauthorized constructions in his ward and only he got a notice. “Action should be taken against all and not one individual. Notice was issued to me after complaints from my rival politicians,” he said.
Khan had lodged a complaint against Ansari, alleging destruction of NMC’s open well on May 10, 2013. NMC had issued notice to Ansari, who went into appeal and further action is awaited. Therefore, Ansari also lodged a complaint against Khan’s unauthorized house. Shockingly, NMC is not taking action against both despite brazen violations.
Municipal commissioner Shravan Hardikar said he was not aware of the case and would take appropriate action after getting details from officers.
WHAT THE LAW SAYS
Section 1 (D) of 10 under the MMC Act says, “A councillor shall be disqualified for being a councillor, if such councillor has constructed or constructs by himself, his spouse or his dependent, any illegal or unauthorized structure violating the provisions of this Act or the Maharashtra Regional and Town Planning Act 1966, or the rules or by-laws framed under the said Acts, or has directly or indirectly been carrying out such illegal or unauthorized construction or has by written communication or physically obstructed or tried to obstruct, any competent authority from discharging its officials duty in demolishing any illegal or unauthorized structure. Such disqualification shall be for the remainder of his term as a councillor from the date of declaration of such structure to be illegal or unauthorized by the concerned authority under the provisions of the said Acts or as the case may be, from the date of commission of the act of interference or obstruction by the councillor against the competent authority.”