Teetering on a shaky ground

By V. Geetanath

HYDERABAD, JUNE 28. Is it a national waste or the law taking its own course? The debate rages on even as dust continues to rise from the `illegal' structures being pulled down by the civic body demolition squads in the city.

The Municipal Corporation of Hyderabad served notices on 150 owners asking them to demolish the `deviated' structures and subsequently the demolition squads swung into action. A few days after more than 30 such structures were pulled down, a war of attrition seems to have begun.

The builders blamed the Town Planning Department for the `unnecessary delays' and `corruption' while the town planners threw it back at the builders. The slanging match cooled off -- at least temporarily -- but the moot question is left unanswered. Where does it all leave the gullible flat buyer in this rigmarole of twisted rules and passing the buck.

The MCH cites staff shortage, court stays and lack of adequate powers as the stumbling blocks for initiating punitive action. Fiercely defending its role, the MCH claims it is being unfairly accused of wrong-doing as it is only one of the `actors' in building violations with the other `actors' being builders, architects, engineers, masons, HMWSSB, A.P. Transco, buyers, etc.

The MCH terms these violations a `social problem' and that "demolitions are no solution". But what is expected of MCH under the law? Builders, architects and advocates argue that it is the key department since it is the `notified local authority' under which the building norms are based. They feel the MCH has `enough' powers to regulate building construction and force the builders to adhere to basic norms. As per the Municipal Act of 1951, the MCH Commissioner is empowered to inspect any building at any stage without prior notice and can cancel permission if there is a `material misrepresentation' or a `fraudulent' statement by the applicant.

"The town planning staff have to inspect the site from the foundation stage and everytime a slab is laid. If their job is to merely put a stamp on plans and pass it on without verifying the structure, why is such a large amount of municipal fee collected?" asks Mr. A.B. Reddy, president, Practising Architects Association.

Implication is that no big construction takes place without the civic body being in the know. The G.O. No. 423 issued in 1998 mentions: "In respect of commercial complexes/group housing and other non-residential complexes, the local authority shall carry out mandatory inspection at the foundation stage, plinth level, first and upper floor". It further says: "The completed building shall be allowed to be occupied only after the issue of `fit for occupation certificate' by the local authority on the basis of the building completion certificate by the architect and owner." Yet, the MCH contends it is not responsible for quality of the construction!

The civic body says inspections are only for setback deviations and adherence to floor space index. Still, illegal constructions go on and in some cases with substandard material. "Quality construction is the purchaser's headache as our town planning staff is not competent to verify the structures," is the official version.

This is contested. "The town planning staff consists of qualified architects who can discharge the duties of a supervisor and architects are expected to have an idea of structures," affirms Mr. Reddy. "What stopped the MCH from using its engineering staff all these years if it doubted the capacity of the town planning staff?" he puts a poser.

Advocate Mr. C.V.L. Narasimha Rao points out that once the designated civic authority grants an occupancy certificate it means "it is vouchsafing for the building construction in all respects". "The MCH is supposed to have the expertise and wherewithal to oversee the civic infrastructure, including the building activity. It cannot shift the responsibility on purchasers," he says, alluding to the A.P. Apartments (Promotion of Construction and Ownership) Act of 1987.

The Act states: "An apartment may be transferred by promoters to any person only after obtaining the required certificate of completion and certificate of fitness for occupation from the local authority concerned." Water and power connections given on a temporary basis can be disconnected if the builder is found to be deviating from the sanctioned plan. With regard to the court stays also, Mr. Rao opines that "these can be vacated if the MCH is serious."

Interestingly, the Government had issued a revised list of rules (G.O. No. 541) in November 2000 for streamlining the construction activity for buildings of 10 metres and above height to "ensure structural stability in housing and other non-residential complexes in the urban areas". It mentions that occupancy certificates should be issued only after submission of documents pertaining to building, structural stability, inspection reports and insurance policy of three years.

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