પુર્ણ સત્ય અને વાસ્તવિકતા ગુજરાતની પ્રજા સમક્ષ રજુ કરતા પરમ આનંદ અનુભવું છું,
પરંતુ , રાજ્ય સરકાર સત્ય સ્વિકારવા તૈયાર નથી. પ્રજા પ્રત્યે વાસ્તવમાં કોઇ સદભાવના રાખવા તૈયાર નથી.
જેણે ગેરકાયદેસર બાંધકામો કરી વેચીને કરોડો રૂપીયા કમાયા છે તેને દંડ કરવો નથી અને જે લોકોએ માંડમાંડ કરીને દુકાનો કે મકાનો લીધા છે તેની ઉપર દોષનો ટોપલો ઢોળી દેવો છે અને ઉપરાંત જે લોકોએ કરોડો રૂપીયાનો વિરાટ સ્વરૂપમાં ભ્રષ્ટ્રાચાર કર્યો છે તેને બચાવી લેવા છે. રાજ્યની પ્રજાના પૈસે પગાર ભથ્થા અને બીજા અનેક લાભો લેતા રહીને રાજ્ય માટે કાયમી સમસ્યાઓ ખડી કરી દેનારા મહાનગરપાલીકાઓ અને નગરપાલીકાઓના સરકારી અધિકારીઓને રાજ્ય સરકારે આજ સુધીમાં એક ખુલાસો પુછ્યો નથી.. મનઘડત રીતે વિકાસના નામે આખો શહેરી વિકાસ વિભાગ પાંચ-સાત વર્ષથી બેફામ ભ્રષ્ટાચાર કરે છે તેથી હવે નિવારીના શકાય તેવી કાયમી સમસ્યા ઉકેલવા માટે વૈધાનીક સતાનો દુર ઉપયોગ કરીને ગરીબ અને મધ્યમ વર્ગની પ્રજાના લાભાર્થે સરકાર ઇમ્પેકટ બીલ લાવે છે તે વાત તદન જુઠી છે ફકત બાંધકામો વેચનારા બિલ્ડર્સો અને ભ્રષ્ટ અધિકારીઓને બચાવવા આ ઇમ્પેકટનું વિધેયક સર્વસંમતિથી પસાર કરવામાં આવ્યુ છે તે પહેલા સત્ય હક્ક્તિથી બધા ધારાસભ્યોને આપણે રજુઆત કરી હતી પણ તેઓએ પોતાના સ્વાર્થે સત્ય સિવાર્યુ નથી અને પ્રજાને છેતરી રહ્યા છે
ગુજરાતના દરેક શહેરોમાં બેફામપણે આડેધડ બાંધકામો કરવામાં આવ્યા છે અત્યારે દરેક શહેરમાં ટ્રાફીકની સમસ્યા વધુને વધુ વકરતી જાય છે.. બિલ્ડર્સો અને લેન્ડ ડેવલોપર્સોએ જ્યાં જગ્યા મળી ત્યાં સ્થાનીક અધિકારીઓ અને નેતાઓને રૂપીયા ખવાડાવીને બહુમાળી બિલ્ડીંગો બનાવીને વેચી માર્યા છે હવે શહેરોમાં ટ્રાફીકની સાથે પાર્કીંગની પણ જગ્યા રહી નથી..અરે બાથરૂમ જવા માટે કોઇપણ બિલ્ડીંગમાં જાહેર શૌચાલયો પણ રાખવામાં આવ્યા નથી બહેનોને તો હવે બહાર નિકળવું હોય તો પાણી પીવામાં અને ખાવામાં સંકોચ થાય છે મોટા શહેરોમાં વસ્તીના પ્રમાણમાં ૧૦ ટકા સેનેટરી ફેસેલીટી રહી નથી.
હું ઇમ્પેકટ બીલનો વિરોધી નથી પણ બીલથી આવનારા કાયદાઓમાં જે જોગવાઇઓ કરી છે અને જે રીતે ગુનેગારોનો બચાવ કરવાની વ્યવસ્થાઓ સાથે ભ્રષ્ટાચાર કરવાની નવી તકો ઉભી કરી છે તેનો વિરોધી છું પોતાના રહેવા માટેના કે ઉપયોગમાં લેવાના રહેણાંક મકાનમાં થોડું વધુ બાંધકામ કરેલુ નિયમિત થાય તે યોગ્ય છે પણ કરોડોનો કારોબાર કરીને અબજો રૂપીયા કમાનારાના ભોગે રાજયની નિર્દોષ પ્રજાને કોઇ દંડ ના થાય તે માટે હું એક વર્ષથી સત્યતા પુર્વક લડત આપી રહ્યો છુ. અને સફળ થઇશ.
રાજ્ય સરકારે ૨૦૧૧ માર્ચ મહિનાની ૨૮ તારીખે વિધાનસભામાં એક વિધેયક પસાર કર્યુ હતું તેની સામે મેં તરત અપીલ કરી હતી જે માન્ય રહેતા રાજ્યના આદરણિય રાજ્યપાલશ્રી તે વિધેયક સુધારા કરવા માટે સંદેશા સાથે સરકારના શહેરી વિકાસ વિભાગને પરત મોકલવામાં આવ્યુ હતું…. આ વિશેની અગાઉની અપીલો આ બ્લોગમાં પ્રસિધ્ધ કરવામાં આવેલી છે ત્યાર બાદ ફરી તા.૨૬/૯/૨૦૧૧ ના રાજ્ય સરકાર તે વિધેયક પરત પસાર કરેલુ છે ફરી એવુંને એવું નજીવા સુધારા સાથે બિલ્ડર્સો અને ભ્રષ્ટ્ સરકારી અધિકારીઓનો બચાવ કરવાની જોગવાઇવાળુ વિધેયક ફરી પસાર કરીને ગેરકાયદેસર બાંધકામની પ્રવૃતીને સમર્થન કરતું, ગુનાહિત પ્રવૃતીને છાવરતું બીલ રાજ્ય સરકારે પસાર કર્યુ છે આવી વિધાનભા બરખાસ્ત થાય તે ઇચ્છનીય છે..
પ્રજાના મત લઇને પ્રજાના પૈસાથી કામ કરીને તેનું પ્રમાણિકપણે લોકપ્રતિનિધિત્વ કરવાને બદલે વિધાન સદસ્ય હોવાની સતાનો દુર ઉપયોગ કરવામાં આવી રહ્યો હોય તો ભારતમા મહામહ્મિન રાષ્ટ્રપતિશ્રી સમક્ષ આપણે ગુજરાત વિધાનસભાને બરખાસ્ત કરે તે માટે જનહિતમાં અપીલ કરવી જરૂરી છે તેના એક ભાગરૂપે વિધાનસભામાં વિધેયક પસાર કરે તે પહેલા રાજયના તમામ ૧૮૨ ધારાસભોને ખાસ પ્રકારની વિગતવાર નોટીસ પાઠવવામાં આવેલી છે જે પ્રથમ અંગ્રેજી અને પછી ગુજરાતીમાં અક્ષરઃ નીચે મુજબ છે..
PUBLIC INTEREST NOTICE IN
THE LARGER INTEREST OF CITIZENS OF GUJARAT STATE
Date : 17-9-2011
Hon’ble Member of Legislative Assembly,
Gujarat Legislative Assembly,
Subject : Notice in larger interest of human rights of common people of the State.
You have been elected as Member of Legislative Assembly under the Representation of People Act, 1951 during the election held on 23-12-2007 from ____________ constituency having received ………… votes out of total ………….. voters of your constituency. You do not enjoy confidence of all the citizens including those who are not voters and who have noted voted in your favor. Gujarat Legislative Assembly with your membership is empowered to enact and pass laws and special ordinances for the purpose of administration of democratic State and for the purpose of protection of equal citizen rights of citizens of the State.
The Gujarat Legislative Assembly where you are member has, in its Eighth Session, passed a legislation named “Gujarat Regularization of Unauthorized Development Bill, Bill no.27” on 28th March, 2011 which has been sent back by H.E. Governor of Gujarat to the State Legislative Assembly with her message without giving her assent.
You are very well aware that urban areas of the State have parallelly developed with industrial growth of the State where residential and commercial constructions and developments have taken place unauthorizedly mainly in metro cities and medium-sized towns.
As is known to you, provisions of Bombay Provincial Municipal Corporation Act, 1949 and Urban Development Act, 1976 are prevalent for constructions in municipal corporation and municipality areas, respectively. Furthermore, the State Government has constituted Gujarat Urban Development Authority and thereby implemented special arrangements for developments within Municipal Corporation and Municipality areas keeping in view residential and commercial premises requirements of the people.
Hon’ble Minister of Urban Development, in his speech during debate on the Bill of Regularization of Unauthorised Developments which have taken place in the State in blatant violation of prevalent Acts that, he will bring legislation before the Assembly in the next Sessions i.e. in Ninth Session of Assembly for the purpose of initiating action against the irresponsible persons and public servants who are responsible for unauthorized developments and for their illegalities. However, not a single proceeding initiated against any of the public servant till date by the Urban Development Department of the State nor any explanation has been called from them for allowing unauthorized developments and therefore, it is evident that the Urban Development Department is encouraging unauthorized developments.
Municipal Commissioners are appointed for the municipal corporations as also Executive Engineers are appointed. However, it seems that the Urban Development Authorities are being constituted only for the purpose of unauthorized developments. Committees of the Urban Development Authorities only grant sanctions for developments by giving certain relaxations for construction work. Those Urban Development Authorities do not have any responsibility to create infrastructure facilities in the developing areas like drainage systems, water supply system, electrification, adequate roads, government offices, ward or Mamlatdar offices, government schools, hospitals, fire brigade stations, police stations and police chowkies, parks and gardens, open grounds, fuel refilling stations etc. and they are enjoying powers only for regularization of unauthorized developments taking place.
As you may be aware, before carrying out any construction, any citizen who desire to take up any work, has to submit application along with required maps/layouts, documents of land and orders of non-agricultural use of such lands, to the Town Planning Branch of the concerned Municipality or Municipal Corporation, as the case may be. Thereafter, surveyor of Construction or Town Planning Branch of the municipal authority visit such sites as mentioned in the application and submit his report after verification of site with regard to permissibility of construction sought for, open vacant space and compliance of parking and public safety norms and thereafter, all the documentary evidences submitted by such applicant are being examined.
Once all the statutory requirements are found in order and fulfilling preliminary requirements, Development Permissions are being issued subject to certain conditions and such construction is to be commenced within 1 year period and preparation of fortnight progress report with respect to compliance of conditions like purpose of construction and all the conditions imposed in permission and any other rules relating to construction work, before the concerned officer and it is responsibility of public servants to make such fortnight progress report part of respective construction permission files.
After every fortnight report, wherever any discrepancy or violation of construction permission is brought to the knowledge of responsible officer or surveyor, engineer or Executive Engineer, it is their duty to stop such construction work forthwith. The constructions which have been carried out have not developed overnight or within few days. It takes period from one year to four-five years to complete such unauthorized constructions. Even after such development work is over, Completion Certificates are required to be issued by the concerned municipal authority after due verification of site by the officer of concerned branch and the surveyor and verifying that the terms and conditions of the development permissions have been complied with and such development is not causing any damage to the public interest as also safety measures are maintained. The person obtaining such permission shall have right to put such construction to use only after Completion Certificate is issued otherwise, such construction is considered as unauthorized or illegal construction which cannot be put to use or sale.
In urban areas of the State, the developments have taken place by carrying out illegal constructions on large scale wherein criminal negligence and deeds of officers working under the Urban Development Department of the State Government and officers of Municipal Corporations and Municipalities functioning under it are equally responsible which is an open secret. However, no action have been taken against any of the public servant by the Urban Development Department of the State Government which establishes the malafide intention and corrupt administration of the Urban Development Department.
Litigating against thousands of unauthorized developments which have taken place, citizens of State have instituted civil suits in large number before various courts in the State, which are pending for hearing. Hundreds of thousands of hours out of precious time of Hon’ble Judges and the Courts have been spent in adjudicating those cases. If there is provision made in the proposed Bill that on enforcement of the proposed Act, all those cases pending before various courts in the State shall stand terminated, it amounts to contempt of all the Hon’ble Judges and the Courts. To allow unauthorized developments in large scale and to regularize them later under one or the other pretext is also nothing less than contempt of the Courts. Further, huge amount of money have been expended by the citizens who have preferred such cases as also valuable time of Hon’ble Courts and the citizens who approached courts challenging such unauthorized construction activities.
The applicants invariably makes applications before the Chief Officer of concerned municipality or Municipal Commissioner of the concerned Corporation before approaching Hon’ble Courts by filing civil suits against unauthorized developments. In ordinary circumstances, once any citizen file application before concerned authorities, such State Government Officials never take pain to prevent continuing such unauthorized developments and ultimately the applicant is constrained to approach Hon’ble Court for filing suits for justice and whenever application is submitted before the Hon’ble Minister of Urban Development, Gujarat State, he used to send stereo-typed reply stating that nothing can be done since there is “court matter”.
The public servants are solely responsible for all those civil or criminal cases as have been filed before Hon’ble Courts of the State in respect of illegal constructions. Lawyers are retained by the State Government at the cost of public exchequer instead of recovering from such erring public servants. For defending the crime which is result of misdeeds of the public servants, lawyers are retained by paying them fees from the public exchequer. Before regularizing the unauthorized developments, the State Government should pay for all the expenses incurred on all those litigations which are over and are pending before various Hon’ble Courts because, when the State Government is going to regularize such criminal acts, the citizens those who are keen to get justice from Hon’ble Courts by spending huge amount of money are going to suffer by loss of their valuable time and money both.
Thus, it is sheer lie that the objective of the Government to enact such Bill is to see that the issue of unauthorized development concern with residential and commercial constructions involving 25 lakh citizens. In fact, Minister of Gujarat State utters lies in the Assembly House also so as to save skins of 20,000 to 25,000 persons those who have carried out unauthorized developments and those corrupt public servants and thereby, he is misleading State Legislative Assembly, press and media and citizens of the State.
All those unauthorized constructions carried out in the State have been done for profit-making by businessmen and traders. Most of the unauthorized developments have been sold out by earning profits therefrom, meaning thereby, unauthorized developments have not only taken place for the purpose of solving problem of residential premises for the citizens but it is being done for their benefit by the builders and land developers and by selling those constructions, they have minted crores of rupees by earning profits. Therefore, just with a view to camouflage widespread criminal activity of persons involved in carrying out unauthorized developments and the large-scale corrupt practices of the public servants working under his Department, Hon’ble Minister for Urban Development intends to bring again the Bill for Regularization of Unauthorized Development under the guise and in the name of 25 lakh citizens of the State. And, thus, this Bill is proved to be endorsing criminal activities in the State.
Entire expenditure being incurred on administration and management of State Legislative Assembly, Hon’ble Courts of the State, Public Servants and all the members of Legislative Assembly including their salaries/pay, vehicles, buildings, offices etc. and any other government expenses are being paid from the taxes being paid by citizens of the State. Entire expenditure on functioning of State Legislative Assembly is also being incurred from the taxes levied from the citizens.
Every citizen is liable to pay taxes in one or the other form for the amenities extended to them and on purchases of the commodities consumed by them. Even a beggar has also to pay tax on any petty article purchased by him. Thus, every citizen have equal interest and rights in any issue concerned public interest in the State.
It is essential that there is provision made for foothpath for pedestrians who do not own any vehicle in the same manner as the roads and parking lots for those who own vehicles. By regularization of the unauthorized developments, it may solve problem of residential and commercial premises of 25 lakh people, but, there are permanent and incurable problems have been created State-wide so far as transportation of public and parking of vehicles in the towns.
It has been categorically stated by Hon’ble Minister for Urban Development during his speech delivered before the August House of Gujarat Legislative Assembly on 28th March, 2011 that, “In case if due to earlier statutory system or by not complying with any earlier rules or the existing rules by mistake, he himself or his residential accommodation is subjected to any action, obviously such family may have to go through sufferance…” He also added that, “there may not be any person, any family which may resort to spend his hard-earned money for purchasing a building at wrong place or the premises which is constructed unauthorisedly. However, due to lack of awareness about statutory constraints/legalities of the things they fail to avail benefit of statutory provisions in spite of clear provisions in the law, number of people invest their money wrongly on such kinds of constructions.” Hon’ble Minister himself has admitted that the purchasers are not aware about the legal provisions and their capital is invested on illegal constructions. However, though those who carried out such constructions and the public servants responsible to monitor such developments were equipped with the knowledge about legal provisions and compliance thereof, such unauthorized developments have been carried out by them and they have earned crores of rupees by making profit from sale of such constructions to innocent persons who have no expert knowledge about the laws. Nobody has ever donated such unauthorized constructions in charity.
The citizens have equal rights for walk-ways or footpath as the vehicle owners have for the roads and parking places. In the State, though no parking places are left in major towns, even no footpaths have left for pedestrians to walk over. Few thousand people have earned crores of rupees by selling the developments/constructions carried out by them causing huge losses to the public interest in connivance with the Urban Development Department.
Therefore, all such responsible Public Servants who are responsible for allowing such a large scale unauthorized developments in the State, are liable not only to be terminated from service but also to be tried under criminal trials for the offence of causing harm to the public interests as also abusing and misusing of their powers and positions as public servants. For such an antisocial activity, even action under provisions of PASA Act can also be initiated against such erring Public Servants. All such public servants have indulged in criminal act after obtaining salaries from Government exchequer and therefore, they have committed serious crime. Instead of applying provisions of prevailing GCSR (BCSR) statutes for taking action against such persons, Hon’ble Minister of Urban Development is now coming with the Bill so as to save skins of such offenders.
Further, for the unauthorized developments which have taken place in the State, those whoever obtained permissions for constructions and sold away such unauthorized constructions are the main culprits, however, no action have been taken against such persons by the Government which goes to prove that Urban Development Department of the State is also equally responsible for such a large scale unauthorized developments which have taken place.
No punitive action have been taken earlier against the persons who have carried out unauthorized developments, however, the provisions whatever proposed fro penal action are proposed against innocent persons.
This Bill for Regularization of Unauthorized Developments is nothing but contempt of the courts of this State and it is supporting the large scale corruption taken place by those who have carried out unauthorized construction in connivance with the public servants. Therefore, before the Bill which is proposed to be tabled by the Urban Development during Ninth Session of Twlefth Assembly is placed before the House of Assembly, it is essential that a public debate among citizens of the State take place by disseminating information on provisions of this Bill amongst the people of Gujarat.
Since this Bill is supporting illegal activities carried out State-wide, to vote in support of the said Bill also tantamount to endorsing the criminal activity. Therefore, it would be in the public interest that until punitive action are taken against the public servants who are responsible for the large scale unauthorized developments taken place and those who have carried out such works, this Bill be not passed in the Assembly which is presented for Regular
ization of Unauthorised Developments in the state and you are hereby appealed through this notice in the public interest not to pass and forward said Bill for consent of H.E. Governor.
While you have been elected as Member of the Legislative Assembly, you do not enjoy faith of entire population of the State in the form of votes you received. All the citizens apart from those voters who have voted in your favor and those voters who have not voted in your favor, all the citizens have equal rights and human rights of freedom, and whose votes have not been received by you and therefore, it is against the principle of natural justice by giving consent or vote in favor of any such Bill or debate in the Assembly which is violating fundamental rights of the citizens. You are public representative of a democratic nation elected constitutionally and you are responsible to protect larger interest of public of the State as well as every citizen.
Unauthorized developments have been allowed to be carried out in large scale and after it has happened and after billions of rupees of innocent citizens is invested in such constructions, the State Government has not taken penal action against such defaulting public servants and the penal action proposed in the Bill are such that they are against innocent citizens instead of penalty on persons who have carried out unauthorized developments.
Therefore, I, the undersigned, Raj Chandrakant Prajapati, one of citizen of Republic of India having enshrined citizenship rights by the Constitution of India, and voter of Gandhinagar Legislative Assembly constituency, do hereby appeal you publicly by way of this public notice for protection of human rights and for rights of public amenities and equal rights of citizens of Gujarat State, and notify you that it would amount to support criminal acts if any Bill is supported by you which propose to penalize innocent persons who are purchasers of such unauthorized developments and which does not contain any provision for penal action against persons who have carried out unauthorized developments and the public servants in the concerned office at the relevant point of time.
In case if any Government allows criminal acts freely within the State and if innocent citizens are penalized for such an act and thereby, support and endorse criminal activities in the State by misusing its legislative powers and the majority members give their consent for the same, H.E. President of India has powers to remove such Assembly. Therefore, even in the interest of legislative liability of the State also, this Bill cannot be supported at the cost of public amenities and human rights of citizens of the State. In case in spite of this Notice, if any such Bill is passed in the Assembly with conscious mind, representation would be made before the Her Excellency President of India on this issue and an appeal would be preferred, in larger interest of public of the State and the Constitution of India, praying for suspended animation of Gujarat Assembly.
After this Appeal Notice, my public safety and protection of my civil rights would be responsibility of the State Government and the Legislative Assembly. In case any harm is caused to my person or to any of my family member, the State Government will be held responsible for the same and the Chief Minister and Urban Development Minister will be personally responsible for the same.
Date : 17-9-2011 Appellant :-
Gandhinagar Raj Chandrakantbhai Prajapati
1252/2, Sector 6/D,
Copy to :-
(1) The Chief Secretary, Gujarat State, Gandhinagar.
(2) All the members of Gujarat Legislative Assembly, Gandhinagar.
(3) Hon’ble Chief Justice, High Court of Gujarat, Ahmedabad.
(4) Hon’ble Chief Justice, Supreme Court of India, New Delhi.
(5) H.E. President of India, Rashtrapati Bhavan, New Delhi.
(6) Editors and media of Gujarat and India.