Violating rules with impunity
From Ravi S. Singh
Tribune News Service

GURGAON, Dec 1 — In gross violation of rules and regulations, a private builder, in collusion with government authorities, is erecting a multi-crore commercial plaza in the heart of Gurgaon.

The site of the plaza on Jharsa road is located near the office of the Municipal Council and the residences of the Commissioner, Gurgaon Division, the Deputy Commissioner and the Superintendent of Police. Also, the road is one of the main routes which VIPs take to go to the town from the National Highway.

It is a point in case of the nexus of builders/land mafia high-ups in government circles and politicians. Sources said that the State Vigilance Bureau of Haryana has received a complaint on the issue and was investigating the case.

The status of the site, falling in a residential area, was first changed by the Municipal Council vide a resolution at its meeting on July 22 by invoking Section 13 of the Haryana Municipal Act, 1973. The site falls in the Housing Board Colony. The Housing Board had handed over the colony and the areas falling in it to the jurisdiction of the Municipal Council long time back.

Two brothers bought two sites, each measuring 200 square yards. The general impression is that the manner in which the Municipal Council went about converting the status of the land was with a view to help in the commercial construction to come up.

However, while constructing the plaza the builders flagrantly violated building byelaws. One of them was not leaving a certain amount of open space, especially a parking place. The Municipal Council issued a notice to the builders on November 13 in connection with the violation. The builders ignored the notice and continued the construction of the plaza. After more than 15 days, the Municipal Council today sent another notice. But in the meantime the complex has been completed. Now the authorities express helplessness even after sending notices to the culprits.

Residents here wonder why the authorities concerned did not intervene more aggressively in the face of violation of rules even after the notice to the culprits by the Municipal Council. The authorities could have played a more active role than simply completing the formality of sending notices and looking the other way allowing the construction to be completed. The authorities of the Municipal Council justified their passive role by saying that they could have acted only after 15 days of the first notice.

Inquiry into the case revealed that after the first notice by the Municipal Council, and during the mandatory 15 days for an explanation to it from the concerned party, the builders approached the authorities offering to compromise. Significantly, the offer was at the time when the construction was partly completed. The Municipal Council apparently took a high moral stand rejecting the offer. It further took the stand that the builders would have to first leave the stipulated open space in the plaza. Many wonder what use this stand of the authorities would be after the construction was now completed. The violators of rules could now move the court against any order of demolition.

When asked why the Municipal Council did not play a more aggressive role, its Executive Officer, Mr Krishan Kharab, said that the local body did not have sufficient manpower to undertake the work of demolition. By implication, the plaza would not be demolished even after the Municipal Council has completed the ritual of sending notices.

The builders appear to have also violated the rules concerning the number of storeys in the plaza. According to the rules permission can be granted for constructing only two and a half storeys. The authorities asserted that the plaza has only two floors i.e basement, ground, first and second floor. Hence, according to them, the number of storeys was within the stipulations. However, there are any number of persons who say that the "so called" basement in the plaza was not true to description as a major portion of it was jutting out of the ground. According to them, the ground floor was a farce as it conformed to the normal description of first floor.

The issue of the basement and the ground floor assumes significance when considered that more than dozen shops can be housed in the basement and an equal number on all the floors.

According to sources, the former Deputy Commissioner, Mr Devender Singh, had raised certain obstructions in the case. The construction, however, began immediately after his transfer.

Another controversy has been kicked up on the issue. This pertains to the penalty to be imposed on the culprits. The municipal authorities say that it would be 5 per cent to 15 per cent of the cost of construction. Some say it is 5 per cent to 15 per cent of the entire cost of the project including the land. Either way, the culprits will be the gainer.