2013 BMC circular nipped citizens’ complaints in bud

MUMBAI: In 2013, the BMC issued a circular at the behest of the Bombay high court for tackling illegal constructions in the city. It sounded the death knell for the fight against illegal constructions.
The circular set a format for citizens to lodge a complaint with the BMC against illegal constructions. To complain, a citizen had to mandatorily submit his identity card such as Aadhaar, proof of residential address, and telephone numbers of both home and the workplace. Further, a citizen also had to reveal the motive in filing a complaint. He had to state whether he was directly affected by the construction he was complaining against.
Utsal Karani, secretary, Janhit Manch said the circular defeated the purpose of the public interest litigation and the order of the court. “Who would dare to file a complaint? The complaint would not be accepted unless an ID card was submitted. A citizen is required to submit proof of illegality without which the BMC will not investigate and at the hearing the other party would also be present. Isn’t this intimidation?”
The Manch had in 2014 received an anonymous complaint about 10 illegal buildings in B and C wards. It wrote to the then municipal commissioner Sitaram Kunte about it, but nothing came of the complaint.
Another activist said the BMC later came out with a circular stating that unless a person was directly affected, she or he could not lodge a complaint. “What happened to my fundamental duty to call out something illegal? Should the BMC not protect me? Instead it started calling all those who complained as blackmailers,” said an activist, requesting anonymity.
Ashoke Pandit, chairman of the NGO Save Open Spaces, said that after the Real Estate Regulatory Act came into force, builders became wary of carrying out illegal constructions because if proven, it could lead to jail. “The BMC should reverse the circular. Otherwise, ordinary citizens will not come forward to complain. It’s not easy knowing that there is a threat to one’s life,” he said.
Asked about the number of illegal constructions in the city, municipal chief Pravin Pardeshi, said the BMC, if required, would do a survey and take action against all illegal constructions.