Mumbai On Course Correction To Curb Illegal Constructions  

Sample this.

You have built a house in a Mumbai. After a while, the Brihanmumbai Municipal Corporation finds out that the construction is illegal on several parameters. Now, the civic body will approach the city police and file a case against the encroachment under Section 142 of the Maharashtra Regional Town Planning (MRTP) Act. But, here lies the twist. Before the police can initiate an action against you, they would need an approval from the BMC. In the meantime, respite could be on cards if you can somehow “convince” the municipal body of being innocent. At the end of it all, it would be the police that would be shown in bad light on papers for not initiating action in time. Like many other laws, this one, too, is funny, in a way.

"If the BMC or any planning body registers an FIR (first information report) , it means they want an action against the violator. Why then should there be a requirement for sanctioning prosecution?" The Economic Times quoted a senior official from the urban development department as saying.

Change is on the anvil as the state is planning to amend the MRTP Act. After the law is amended, the police would not need the BMC approval to initiate action against defaulters for illegal construction, say media reports. On the other hand, there is a proposal to make it mandatory for the police to file a chargesheet with 90 days. This would mean the BMC must decide the course action within this time; in case it fails to do so, the police would take action under the provisions of the law.

As a city grows, illegal constructions are bound to mushroom around it. Apart from the other damages that they cause, cases of encroachments consume a lot of valuable time of government agencies. They also hinder the speed of development projects. By fast-tracking proceedings in such cases, the Maharashtra government would go a great favour to itself. Such small steps will also go a long way in improving the ranking of the state in the ease of doing business.