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
No comments:
Post a Comment