PUBLIC INTEREST APPEAL – TIME BOUND
A Bill on Gujarat Regularization of Unauthorized Development Act, 2011.
Date : 30-03-2011
Her Excellency Kamla Beniwalji,
Hon’ble Governor of Gujarat,
Subject : For review and consideration for public opinion on the Gujarat Regularization of Unauthorized Developments Act, 2011 passed by the Gujarat Legislative Assembly.
Hon’ble H. E. Governor Madam,
With due respect, I would like to lay following few lines for your kind consideration.
The Gujarat Regularization of Unauthorized Developments Act, 2011 as published in the 19th of March, 2011 in the Government Gazette has been passed by the Gujarat Legislative Assembly unanimously on 28th of March, 2011 without making public to know all the details of the Bill and hence true and correct facts for enacting such an Act has not been made public. The Bill which is passed and intended to be implemented forthwith gives rise to suspect intention of the Government and if following points are reviewed properly and minutely, it would prove to be an Act which is likely to penalize the innocent citizens.
It is pertinent to note that even though this Bill has been passed unanimously in the House of Gujarat Legislative Assembly, all 182 members of the Assembly do not enjoy support of 100% voters and citizens of Gujarat. At the same time, each and every i.e. to say 100% citizens of Gujarat are tax payers of the Government paying tax on use of infrastructures and consumables. In addition, people do pay to the Government taxes in various forms like Income Tax, Service Tax, Sales Tax, Property Tax etc. etc. which is the main source of income to meet financial needs for running State Administration. Therefore, as and when any Act or regulations sought to be enacted by the State Government, more particularly when the Act having direct impact on the citizens and which are enacted ignoring importance of Courts of Law and in contravention of prevalent Acts and rules and passed in the House of Assembly on the strength of the majority, it is very much necessary to make common people of the State aware about impact of Rules and Regulations and Statutes.
Enacting of said Act is nothing but a threat on existence and validity of the prevalent Gujarat Revenue Act and the adopted Bombay Provincial Municipal Corporation Act, 1949. The action of enacting this Act itself proves beyond any reasonable doubt that the Government of Gujarat has failed in effective implementation of provisions of the Gujarat Land Revenue Act and Gujarat Town Planning and Urban Development Act, 1976 and the Bombay Provincial Municipal Corporation Act, 1949 and for its negligence and inability to effectively implement those statutes, Government of Gujarat has now come with this Bill.
It may be noted that this Bill establish the fact that the public servants serving in municipal and local bodies have acted with criminal negligence in discharging their duties as a result of which, large number of litigations are pending before various Hon’ble Courts in the State for justice, however, no action have been taken yet by the concerned departments of the State Government against those erring public servants and on the contrary, an attempt is being made by way of this Bill to admit and regularize those irregularities of the public servants. Not only that, by enacting this Bill which is violating provisions of the prevalent statutes like Gujarat Town Planning and Urban Development Act, 1976 and the Bombay Provincial Municipal Corporation Act, 1949 and has thereby betrayed people of Gujarat.
In view of the aforesaid facts and by reviewing provisions of the prevalent statutes and regulations, Her Excellency Governor can take into consideration for reviewing the Bill on Gujarat Regularization of Unauthorized Development Act, 2011 in the interest of democratic values of this country and the State and can direct the State to act properly.
(1) As per provisions proposed in sub-sections (d) and (________) of section 2, the impact fee as may be determined shall have to be paid by the ‘occupier’, ‘owner’, ‘rent-free tenant’, ‘leasee’. In this section, there is no mention with regard to the persons “who have carried out unauthorized construction or the person who obtained permission for carrying out the construction’, and thereby, it is for the benefit of the real culprits who have actually carried out the unauthorized constructions.
Further, there is no clarification as to imposition of any penalty or punishment to the person carrying out such unauthorized construction. Therefore, it is evident that the persons those who carry out such unauthorized constructions are being extended helping hand since the persons who are purchasing residential or commercial premises are not always familiar with or expert of provisions of various Acts and regulations and therefore, for the benefit of those citizens to ensure that provisions of statutes are complied strictly, large establishments of public servants are created under the Bombay Provincial Municipal Corporation Act, 1949 and for overall administration of such establishment, Urban Development Department is functioning at the State level under a Cabinet Minister and needless to mention, expenditures on all these establishments are being paid from pocket of the citizens.
(2) Purchaser, owner, rent-free tenant, mortgagee are make liable to pay impact fee, however, there is no explanation worth name in the Bill for taking action against the persons those who have carried out such unauthorized constructions and have gained monetarily, meaning thereby, no action are proposed to be taken against them. There was only debate on the issue of formulating some procedure in this regard.
(3) By enacting said Bill, the statutes of Gujarat Town Planning and Urban Development Act, 1976 and Bombay Provincial Municipal Corporation Act, 1949 are likely to become ineffective partially and therefore, there is no explanation as to the existence of these Acts after enactment of the Bill under reference. Therefore, it is to be believed that said statutes would be automatically rendered ineffective or else they are repealed.
(4) Any kind of irregularity comes into existence when provisions of any Act or Regulation is violated, meaning thereby there are breaches of provisions of the prevalent statutes and regulations, however, there is no mentioned that on failure to take action under respective statutes, this Bill is enacted.
(5) There is no provision envisaged in the Act for initiating any action against the builders who are carrying out unauthorized developments i.e. constructions and therefore, it is evident that the innocent persons who have purchased such premises, are made to pay impact for regularization of unauthorized construction which they have not in fact carried out. As mentioned in the Objects and Purpose for the Bill, this Bill is proposed to be enacted for eliminating large scale problems of residential premises, which in fact, not true. It is crystal clear that this Bill is brought in the interest of and for the benefit of the builders and land developers who are indulged in criminal act of carrying out unauthorized constructions and sell them out to innocent citizens and thus, this Bill is purely keeping in mind monetary interest of those land developers.
(6) There is no specific mention with respect to the fact as to whether if in case occupier, owner, rent-free tenant or mortgagee do not get their unauthorized constructions regularized by making payment of impact fee, such developments would be demolished or not after certain time limit or as to whether after certain time limit, such constructions would be deemed to be regularized.
(7) This Bill is nothing less than a Bill with intention to help anti-social elements only who are acting with criminal intent to carry out unauthorized constructions and sell them out to people.
(8) There is no clarification or explanation as to whether the occupiers, owner, tenants or mortgagee who have paid impact fee in addition to the amount paid on purchase of such property, shall be repaid such amount of impact fee with interest as and when or where such property is likely to be acquired by the Government for any public purpose from such occupier, owner, tenant or mortgagee.
(9) As per section 11 of the Act……
A provision has been made that with coming into force this Act, all the proceedings of regularization of unauthorized developments including cases lodged before any of the Courts of law by the competent authority or occupiers of any premises or the owner which are pending before the courts and all other connected proceedings shall be rendered infructuous upon regularization of such unauthorized developments.
With this provision, all the cases pending before the judicial forums will become infructuous. These proceedings are being undertaken in the interest of justice by judicial officers and such a provision is an insult to all the judicial forums since this provision raises a big question on very existence of courts in the State. What is attempted to be conveyed by way of this section is that where there Governments which brings Act for regularizing the irregularities, there is no need for courts of law in such State.
(10) As per objects of this Act, this Bill is with intention to meet with public requirements for residential and commercial premises, however, there is no explanation worth the name by the Government as to whether any special provisions are proposed for development of main public roads after regularizing unauthorized constructions standing on the public roads, internal roads, parking places etc.
(11) As per the law of physics, every object is attracted towards Newton of the earth due to gravitation force. Therefore, when million-trillian gallons of fuels and miners are drained out of the earth and utilized and even as on today this activity continues all over the earth. Therefore, the cavity created in the centre of the earth within a stretch of thousands of kilometers which is gradually filled in following the law of gravity and the surface of the earth is moving towards its centre. There are earthquakes reported on soil and sea and the more minerals are drained out, the more earthquakes would be experienced by human being. The recent tsunami in Japan is evident of such geological movement and such calamities in future are imminent which would not only claim loss of huge material loss but thousands of human lives as well.
The Bill produced by the Hon’ble Cabinet Minister for Urban Development has not taken into consideration any such human justice aspect in mind nor has thought it fit to keep in view the law of geology. It is not within purview of the Department of Urban Development of the State to control and monitor law of nature and therefore, for the loss of human lives and huge monetary losses in the events of natural calamities and disasters including earth quake, there is no responsibility fixed of the Government for the loss of lives of people who inhibit in the premises so regularized by the Government. This itself proves that this Bill is in absolute breach of principle of natural justice and is inhuman.
(12) The unauthorized constructions which have been carried out in the State are in its own proof of sheer negligence in discharge of duties by the public servants. So as to ensure that no unauthorized developments are made, the public servants are appointed who are vested with the powers as contained in the Gujarat Town Planning and Urban Development Act, 1976 and the Bombay Provincial Municipal Corporation Act, 1949, however, there is no provision made in this Bill for taking any punitive action against those erring public servants which would prove to be motivating factor for such public servants to indulge into any unauthorized act or illegalities in future.
(13) There is no provision made in the Bill for compensation to the owners and occupiers of those premises which have been demolished by directions of competent courts and with orders of the competent authorities, after the date so determined by the Government to regularize unauthorized developments by enacting this Bill on Gujarat Regularization of Unauthorized Developments, 2011.
It is therefore, very essential that all the aforesaid issues and points be made public or they be taken into review by a committee comprising of non-political legal experts and after careful examination of every aspects of the Bill, this Bill be placed before the House of Gujarat Assembly for reconsideration and such a decision is essential for maintaining the glory and dignity of constitutional positions that of H. E. President of India and H. E. Governor of Gujarat as envisaged in the Constitution of India.
This Bill has been passed unanimously in the House of Assembly by drafting the same in haste. Therefore, people of Gujarat and the citizens those who are likely to be affected by enforcement of this Act have not made themselves aware about provisions of this Bill. Similarly, it is not possible to make all such affected citizens aware about the damages likely to be caused to them due to this Bill, which would require time not less than a year. Therefore, I, the undersigned, Rajbhai Chandrakantbhai Prajapati, citizen, voter and tax payer of Gujarat State, residing at 1252/2, Sector 6/D, Gandhinagar do hereby humbly submit before the Constitutional Head of the State Her Excellency Governor of Gujarat, for consideration of my this appeal in true perspective, as public interest appeal, before vetting the Bill named and called as “Gujarat Regularization of Unauthorized Development Act, 2011” passed by the Gujarat Legislative Assembly on 28th March, 2011 and do the needful in the interest of public of Gujarat.
Date : 30-3-2011, Gandhinagar
(The No.1 Honest citizen of Gujarat)
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