SG ASSOCIATES
Who is responsible for illegal Construction? Nobody………..
SG ASSOCIATES 3 Jul 2020

Who is responsible for illegal Construction? Nobody………..

 What is illegal construction?

Illegal construction is construction work (or the result of such) without a valid construction permissions. Besides the potential technical hazards on uncontrolled construction sites and in finished buildings, illegal building activity can be a major environmental violation when the works encroach upon preserve areas like nature reserves. Likewise, illegal building can have serious political implications when it is practiced as land grabbing or for illegal settling in foreign territories.

 

Reason for Illegal Constructions:

Illegal building can be the consequence of a combination of urbanizationoverpopulationhomelessness and poverty in which case expanding slumsShanty towns or similar will result. On the other hand, illegal building activity may be due to profitable speculation with and exploitation of valuable real property. Demand for mass tourism accommodation (hotels, etc.) as well as its counterpart, individualistic luxury retreats for the very rich are visible drivers of such speculation. Similar motivation may come from incentives connected with the illegal construction of great shopping malls or similar on green-field land. Even construction works with apparently valid permits can of cause be a result of bribery. In some cases it can be observed that legal or tolerated settlements are later declared illegal by governmental institutions in order to make room for more lucrative investments or simply for political demonstration purposes sometimes under the pretext of beautification.

But all the above are academics reason. Main reasons of illegal construction are as follows:

 

1.    Poor maintenance of land records:  Land records system has been introduced in India during the eventual rule of Sher Shah Suri. This system is still in process in our country with minor modifications. In this system Patwari (Talathi) is the lower level staff who is responsible to maintain record of crop and land records of a village. The record book called Jamabandi/Khatauni/7/12 etc.

Patwari has to maintane the records in following separate books:

a)    Girdawari

 

Under the Indian land record system, Girdawary is the record of land cultivation. It records crops and ownership over the crops.

b)    Jamabandi

 

jamabandi is a term used in India meaning "RECORD OF RIGHTS" and refers to land records.These records are documents which are maintained for each village within its Tehsil It contains the name of the owners, an area of cultivation/land, shares of owners and other Rights. It is revised after a certain period of time for e.g. every 5 years in the states such as HaryanaPunjab and Rajasthan. After it is prepared by Patwari (Govt. official who keeps and maintains RECORD OF RIGHTS) it is attested by Revenue Officer of that division. Two copies of jamabandi are made, one is kept in Government's Record room and other is kept with Patwari. All changes in title/interests of the revenue estate coming into the notice of Revenue Authorities are duly reflected in the Jamabandi according to set procedures. In many states like Haryana, Himachal PradeshUttar PradeshChhattisgarhMadhya Pradesh,  Rajasthan, KarnatakaKeralaTamil Nadu, and Punjab land records have been computerised. In these states, Jamabandi is prepared using software, and it is later checked by the patwari for errors. After it is corrected or approved by the patwari, a final printout is taken which is later attested by the Revenue officer. In these states, Jamabandis are also made available on websites.

 

c)    Lal Dora

Lal Dora, is a term that introduced by British Raj in 1908, is a red line drawn on the maps delineating the village population from the nearby agricultural land in the revenue records and villagers can build houses without building by-laws without the mandatory change in land use (CLU) permission that would otherwise be needed to convert agricultural land to commercial or residential purpose.[22]

The system has been prepared and implemented is very good. But due to poor working style of Patwari and influences from local leaders they don’t report illegal construction activities to their senior officials. Neither they update revenue report accordingly. They can mention their visit in respective column of Jamabandi.

 

2.    Working style of sub registrar office: Sub registrar office never stop registry of small part of agriculture land. As per the registration act sub registrars are not empowered to do such work. Due to same reasons they never stop such transactions.

3.    Electricity Department: Electricity department easily provide electricity connections to such illegal properties developed without proper approval from authorities.

4.    Ground Water Management Department: This department also not monitor new boring activities under their jurisdiction. Sometime they give permission unlawfully to the builders for irrigation purpose despite of having knowledge of illegal construction/development in such area.

5.   Gram Panchayat/Municipal Corporations/ Municipal Committees: These local bodies also not pay any heed to stop such illegal construction in their area.

6.   Development authorities: Primary objects which has been taken by state government to set any development authority is as follows:

“the problems of town planning and urban development need to be tacked resolutely. The existing local bodies and other authorities inspite of their best efforts have not been able to cope with these problems to the desired extent. In order to bring about improvement in this situation. the State Government considered it advisable that in such developing areas. Development Authorities to be established. As the State Government was of the view that the urban development and planning work in the State had already been delayed it was felt necessary to provide for early establishment of such Authorities.”

These authorities has been given ample powers to deal with illegal construction within the area falls under their jurisdiction. But these authorities are failed to use these powers in effective manners. These authorities become business corporate to sale the land on high prices to elite person of the society. They have not fulfil the need of a home to a poor man. Since they have not provided cost effective homes to EWS, LIG or MIG 1 category customers; these customers has been trapped by the greedy lobby of small time builders. Authority officials despite knowing of such illegal construction in their area they never stopped or seal or demolished such illegal constructions.

7.    Builder Lobby: The builder lobby has seen huge margins in such development work. They purchased agriculture land on low cost from farmers in bulk. They have not gone for approval of layout plan or building sanction plan for various reason e.g. EDC/IDC charges, land under litigation with authorities, land use is different in master plan, delayed process at authorities. In thus manner they have save huge cost and give the houses/flats/units to the home buyer of EWS/LIG/MIG 1 category with collusion of housing finance companies and property brokers.

8.    Police Officials: Police department is also keep quite during the constructions of such illegal properties. Some officials take bribe not to disturb such illegal constructions.

9.    Farmers/Land Owners: Farmer/land owners also equally responsible for such illegal constructions. These are the second person who knows the reality of lands. They know that the area is comes under notified village/development/acquisition by way of government order. Despite knowing such issue they sale their lands to builder lobby without following complete process neither for development nor of acquisition.

10. Property Buyers: These persons are also responsible for such illegal constructions. They also understand the risk of such properties. During the buying process they come to know this by way of several modes e.g. property broker, rates of neighbourhood government approved properties, lawyers and sometime banks.

11. Lending institutions: Lending institutions are also equally responsible by way of funding in such illegal constructions areas. The lending institutions know the risk of funding in such area but for high yield business they never stop it.

12. NHB & RBI:  These regulators send the guidelines to the lending institutions but they do not verify implementation part of their policies. They should also ensure timely implementation of their policies in the lending institutions.

13. Law Firms and Valuation Agencies: These agencies are majorly on fault by way of providing subjective positive reports to the lending institutions. Despite of knowing all the facts about such properties they release positive reports to the lending institutions with demand of such documents which are not exists for such properties.  

….to be continued…..

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