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STATES:
GUJARAT
Break
Through
A high
court judge brooks no compromise in acting against illegal constructions-and
the well-oiled nexus that spawns them
By
Uday Mahurkar
When
B.C. Patel took up the offer as judge in the Gujarat High Court after
dropping his plans to move to the US in 1990, he hoped he had made the
right decision. Ten years down the line, he has reason to believe he did.
Just as a growing list of builders-and officials-in the state believes
he didn't.
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| Patel
targeted over 200 illegal shops in Ahemdabad |
Doing a Jagmohan
or a Khairnar in Gujarat, Patel has, through a series of judgements based
on public-interest petitions, exposed not just serious violations of building
laws in Ahmedabad and other cities in the state, but also a flourishing
nexus between real-estate sharks, the officialdom and the underworld.
And he has ensured corrective action.
The state
Government, for one, has been forced to come out with an ordinance to
regularise illegal constructions in six major cities, which besides Ahmedabad
include Surat, Vadodara, Rajkot, Jamnagar and Bhavnagar. Senior IAS and
IPS officers too are scurrying for cover following Patel's suo motu cognisance
of alleged irregularities in a housing complex-Sumangalam Society-set
up by them in Ahmedabad. Thanks to his strictures, over 500 high-rise
buildings in the city which lacked fire-safety equipment will have them
installed. Says K.C. Sethna, high court lawyer: "The tough Patel
has emerged as an upholder of the dignity of law on which land sharks
and officials were riding roughshod."
That Patel
makes no compromises or for that matter minces no words is evident. "As
a judge I must stick to protocol and not speak to the press," he
told INDIA TODAY. "You can quote me from my judgements." Judgements
that his colleagues believe have left little scope for ambiguity.
The ordinance
on illegal constructions, for instance, entails the levy of a hefty impact
fee for regularisation but the parameters that Patel has set in terms
of adherence to town planning and building laws have made sure that builders
can take no liberties. It will now be difficult for them to sell property
that is deemed "irregular".
A three-member
committee has been set up at Patel's behest under a retired high court
judge to fix responsibility in the Government. "It is difficult,"
he argues, "to believe that any unauthorised construction would go
unnoticed by officials. It can only be due to negligence or connivance
of officials with builders."
Patel's
blunt talk has left many officials tongue-tied. P.K. Ghosh, former administrator
of the Ahmedabad Municipal Corporation (AMC) and currently deputy chairman
of the Delhi Development Authority, once apologised to Patel in court
for his lapses. Municipal Commissioner K. Kailashnathan too had a hard
time defending himself when he was at the receiving end. But, says a lawyer,
"Patel may be rude at times. It doesn't matter because he has put
Ahmedabad on the right track."
It all began
in October when the judge ordered the demolition of popular fast-food
restaurant Chills Frills and Thrills in the multistoreyed Centre-Point
on C.G. Road. The order followed the restaurant's refusal to respond positively
to an AMC notice that raised questions about the illegal construction.
The owner brought to the court's notice other violations in the complex
in the hope that the large scale of irregularity would minimise his own
penalty. But he had not bargained for what followed. Within two days,
a posse of AMC men, backed by the police, razed to the ground not just
his restaurant but also 35 other illegal shops in the building. Then came
the turn of 66 structures in Gopal Tower in Maninagar. And later the 100-odd
eateries and roadside kiosks around Law Garden in Navrangpura.
The drive
left nearly 1,000 people taking to the street in anger. But the judge
stuck to his guns. Just as he did when harried residents protested following
the enforcement of fire-safety norms. When the Ahmedabad Urban Development
Authority (AUDA) moved in on Patel's orders to disconnect power supply
to 25 blacklisted high-rise structures, residents damaged buses and targeted
other public property. A section barged into the house of Chief Justice
D.M. Dharmadikari to demand intervention. The police did move in to restore
power supply citing a law and order problem but Patel didn't give up.
The onus of ensuring fire-safety equipment within an extended deadline
fell on builders who in no uncertain terms were reminded of the extensive
fire-safety measures they had promised in glossy brochures during the
time of construction.
Irregularities
crept into the building sector in Gujarat in the 1970s after the Urban
Land Ceiling Act (ULCA) came into effect. All an unscrupulous builder
had to do was bribe the right official and prime ULCA land earmarked for
purposes like hospitals and gardens would be his. The underworld was invariably
linked. Soon former officials of the AMC also took to construction-there
are at least eight builders in Ahmedabad today who were in the Town Planning
Department earlier-and building violations within the well-oiled framework
became the norm.
The case
concerning the allotment of land to Sumangalam Society explains how deep
the rot had set. It not only brought out the cavalier attitude of the
Government in determining land prices but also how the IAS and IPS officers
had, as Patel notes, "indulged in profiteering" by converting
the residential premises into commercial.
The land
was allotted to the society in 1990 for a residential complex as a special
case. In the absence of an auction or tenders being invited, the plot
was sold at the rate of nearly Rs 700 per sq yard. Around the same time,
AUDA sold a nearby plot to a commercial developer through the established
procedure for Rs 379 per sq yard. This means the IAS officers paid at
least 80 per cent more than the market rate. Some officers later sold
the plots, and others converted them into commercial complexes. While
some sought permission from AUDA, others didn't. Explains one official:
"Technically some of us can be pinned down but we had paid almost
double the market price of the land at that time." Officers who have
rented their premises were asked to deposit the rent with AUDA and all
vacant buildings in the society were sealed. Some of the officers then
appealed to the Supreme Court and obtained a stay against the sealing.
As the battle
continues, Patel knows taking on the high and mighty is not an easy task.
Neither, for that matter, is setting new norms. But the judge is determined
to have his way.
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METRO TODAY
Ayodhya
is an issue that is pre-determined. And it matters little in the present
fuss that the foremost casualty is the truth, writes INDIA TODAY Deputy
Editor Swapan Dasgupta in 