Exclusive: Maharashtra govt sits on explosive report on 2013 building collapse

In a bid to curb the menace of illegal constructions in Mumbai and other cities in the state, a high level committee appointed by the Maharashtra state government has recommended various measures including prosecuting those involved building such structures under the stringent Maharashtra Control of Organised Crime Act (Mcoca). The committee appointed following the deadly Mumbra building collapse, that killed 74 people in April 2013,  suggested that those involved in constructing such buildings should face action under Mcoca, Maharashtra Prevention of Dangerous Activities (MPDA) Act, Bombay Police Act, Habitual Offenders Act, Indian Penal Code and Criminal Procedure Code. The committee made the recommendations after pointing out the resistance faced by the civic administration during demolition of illegal buildings and the involvement of the criminal persons in the construction of such structures. Among the 14 recommendations in its report, the committee has suggested providing affordable housing to people from the middle and lower income groups, setting up separate police stations to deal with illegal construction cases and regular structural audits of buildings. Other recommendations include: strict implementation of government resolution of not providing water supply to illegal buildings, action against credit societies providing finance to such buildings, creating mass awareness about not purchasing flats in illegal buildings and not registering the such structures. [caption id=“attachment_1693203” align=“alignleft” width=“380”] A file image of the building collapse that killed over 70. AFP image[/caption] The report has also suggested making the registration of contractors and developers mandatory to know their technical staff, to check the quality of the raw material to be used for construction and to check their source of income while giving permissions for the construction projects. However, the Congress-led government has not yet made the report public despite the fact that it was submitted almost seven months ago. This may have to do with the fact that the state’s political leaders had come out in support of the illegal buildings and have not been willing to initiate action against the such structures due to the vote bank politics, and since they have one eye on the upcoming state elections. Chief Minister Prithviraj Chavan had instituted the inquiry headed by an additional chief secretary level official, in April 2013, to look into the disaster. The 33-page inquiry report was submitted by the then additional chief secretary (revenue) Swadheen Kshatriya to the urban development department in first week of February this year. The one-member committee had been asked to ascertain the ownership of the plot in Mumbra, look into the permissions granted by Thane Municipal Corporation (TMC) for the construction of building, action taken on the complaints about the illegal construction and recommend ways to avoid such incidents in future. “Since civic bodies take soft approach towards the demolition of the illegal building as occupied by residents, some developers are taking advantage of it and deliberately asking some residents to stay in to escape from the hammer of the civic body. In such cases, civic bodies should go ahead with the demolition of such building,” says the report accessed by Firstpost. While there was a dispute over the ownership of land on which the ill-fated building in Mumbra stood as the forest department and municipal corporation distanced themselves from blame, the committee’s findings say that the total area of the land is 194 sq metres, of which 185 sq metres belonged to a private owner and 7 sq metres is owned by a firm called Woodland Pro Forest. As per the rules, the designated officers are entrusted with the responsibility of taking action against illegal constructions and registering FIRs in the matter. The then designated officer inspected the site and mentioned that illegal RCC construction was taking place in the Lucky compound but, surprisingly, he did not take any action on it. “So, the designated officer is found negligent in discharging his duties. Hence, he is personally responsible for the incident under section 397 (K) (2) of the Maharashtra Municipal Corporation Act 1949,” the report said. It added that the deputy municipal commissioner (Zone-1) was also responsible due to his negligence in supervising the work of designated officers. The deputy municipal commissioner (removal of encroachment) also did not take appropriate action on the illegal construction despite receiving the complaints, it noted. The report said that the concerned designated officer and deputy municipal commissioner (Zone-1) acted on the complaints 36 days after receiving them and issued the first notice to the building. But, it has given clean chit to the municipal commissioner of the Thane civic body, who also received complaints about the illegal construction in the Lucky compound. “Given the work of the municipal commissioner, it is not possible for him to take interest in every complaint and initiate action,” the report stated, adding that in case of Lucky compound, the commissioner’s office transferred the complaints to concerned departments. In all, there are 5,342 illegal buildings in nine wards of TMC and 62,591 illegal constructions on public land in TMC. Most of the illegal constructions are on the public land that include land that belongs to the government, forest department and municipal corporation. Officials of the Maharashtra State Electricity Distribution Company Ltd have also been held responsible for not taking strict action despite knowing about the illegal electricity supply to the ill-fated building.