Times of India: Mumbai: Monday,
October 17, 2016.
In order to
expedite prosecution against those booked for illegal constructions, the state
government plans to amend the Maharashtra Regional Town Planning (MRTP) Act to
do away with the civic body’s nod to sanction prosecution in such cases. The
government has also proposed to make it compulsory for the police to file a
charge sheet in 90 days.
At present,
under Section 142 of the Act, police need the civic body’s nod to proceed,
though it is the municipal corporation/council that files cases for MRTP Act
violations with the police.
“If a civic
body or any planning body registers an FIR, it means they want action initiated
against the violator. Why then should there be a requirement for sanctioning
prosecution?” said a senior official from the urban development department.
There are
several instances of the civic body refusing permission to the police and
regularizing violations after imposing penalties on offenders. A source said
that on several occasions, the MRTP Act has also been misused to put pressure
on the offenders in exchange for bribes.
An official
said that the police have repeatedly complained that once the civic body files
a complaint, it drags its feet over the case, which in turn reflects badly on
the police statistics.
Citing a
Supreme Court judgment, the police had said that if a civic body does not
decide in three months on whether to prosecute an accused, the police will
automatically initiate action under the MRTP Act.
On the matter
of charge sheets, an official said, “The home department already has guidelines
on filing charge sheets in different kinds of cases. We will check if there are
specifications for cases under the MRTP Act. If not, this clause will be
added.” He said that sometimes cases keep pending for years for want of a
charge sheet, and offenders get stay orders from courts.
Mayor, RTI
activist welcome move
Nagpur mayor
Pravin Datke welcomed the move but wished the police department do not misuse
the proposed powers. “Action against violators should be taken promptly.
Sometimes, the civic body has to lodge a complaint with the police under
pressure or consistent demand from an individual or organization. NMC wants
proper investigation and hence it approaches the police so that any innocent
should not fall victim to false complaints,” he said.
In many
cases, neither stringent action like demolition of unauthorized constructions
or layouts is initiated nor notices are served. There are over 1,500 cases in
which notices under MRTP Act are issued but no action taken. The two civic authorities
had lodged complaint with the police in very few cases.
RTI activist
TH Naidu said it was a good move and will prevent from violations of MRTP Act
in future. “It is a routine practice at the NMC and NIT to regularize
unauthorized constructions and layouts recovering compounding charges and
regularization charges. There are few cases in which NMC and NIT lodged
complaint with police but did not give permission of prosecution citing
unauthorized constructions and layouts regularized or faced action of
demolition etc,” Naidu said.
Best examples
are Purti Super Bazaar constructed in the parking space of Scientific Society
Hall at Aath Rasta Square, commercial use of parking space at Tajshree Honda at
Deo Nagar, Scientific Society's unauthorized banquet hall constructed on
playground etc.
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