Wednesday, April 16, 2014

Illegal buildings thriving over confusion of delegation of powers to take enforcement action


C Shivakumar
Chennai:
The confusion over delegation of powers between Chennai Metropolitan Development Authority and local bodies, including Chennai Corporation, has resulted in failure to act against thousands of buildings in the city that have violated the development regulations.

While the power to act against the illegal buildings is vested with Chennai Metropolitan Development Authority, some of the powers have been delegated to the local bodies.

Corporation sources said that initially powers were delegated to the local bodies to act against ordinary buildings. But the powers to act against violation in development regulations in special buildings and multi-storied buildings is vested with CMDA.
However, since the regularisation scheme came into being, CMDA has asked the local bodies also to act against violations in all kind of buildings including special buildings and multi-storey buildings.

This has created confusion among local bodies and CMDA. There have been numerous occasions when both of them have given lock and seal notice to a same building.

Meanwhile, Chennai Corporation has raised the issue of deputing officials in the cadre of planning assistants, assistant planners, deputy planners and senior planners from CMDA to Corporation of Chennai on “on duty basis’ for works relating to issue of planning permission, enforcement and other planning related issues as Chennai Corporation is concentrated on civic issues.

Corporation sources feel that all planning wing and enforcement wing in CMDA should be transferred or sent on deputation for issue of planning permission and on duty basis as corporation and local bodies are focussed on civic issues. Interestingly, CMDA has yet to take any action on Chennai Corporation proposal despite stating in a resolution during authority meeting that it is considering to depute senior level planners for a period of two years to Chennai Corporation.

M G Deivasahayam, a monitoring committee member, says delegation of powers to either corporation or CMDA won’t work. “First of all CMDA is not an enforcement body.Neither could the powers be delegated to Chennai Corporation which is a elected body as there are chances of misuse of power by the ward councillors,” he says.

He says the need of the hour is to create an independent enforcement authority under the leadership of district collector as is being done in Chandigarh. “This could result in protecting the city from encroachments as well as illegal buildings,” says Deivasahayam.

But town planners reject Deivasahayam’s proposal stating that an amendment would consume lot of time. The act has ample powers and the proposal by corporation is a welcome step, feel town planners. All planning wing and enforcement wing in CMDA should be transferred not only to corporation but also to the local bodies.
But with neither CMDA or the Corporation trying to take action against illegal buildings, experts fear the haphazard growth could choke the city. Although the court has tried to intervene in numerous occasions but authorities have just paid lip services to the issue. In a recent judgement, the High Court has observed that it is high time that the executive and political apparatus of the state take serious view of the menace of illegal and unauthorized construction and stop their lobbies of affluent class of builders and others, else even the rural areas of the country will soon witness similar chaotic conditions

Factfile:
--- As per Section 9c of the Town and Country Planning Act, Member secretary has powers to delegate power to local bodies.
--- The powers can be revoked anytime.
--- Once the powers are delegated, CMDA’s Review committee has to follow it up on how the local bodies are performing the task
--- For more than a decade, the review committee hasn’t monitored any local body

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