Failure of the OC Abhay Yojana, OC for Saket CHSL and allied matters.

October 12  2018.

The Municipal Commissioner,

Thane Municipal Corporation,

Thane.

Dear Sir,

I am attaching herewith a reply received from TMC regarding an RTI inquiry by me as to how many buildings in Thane were granted OC by the TMC in the latest Abhay Yojana – which ended on June 30, 2018.

The reply is both a shocker and eye opener.

It states that the TMC received 152 applications for grant of OC and it granted OC to 20 applicants.

152 applications only – when we say that in Thane there are thousands of buildings without OC.

Only 20 applicants granted OC – even after the TMC had reduced considerably the quantum of penalty to be imposed in this Abhay Yojana.

What could be the reasons?

Sir, we have done a bit study on this and want to share it with you.

The three most important features in which this Abhay Yojana was different than the previous one were:

1. Shift from giving individual flatwise OC earlier to giving building wise group OC.
2. Reduction in the quantum of penalty to be levied for the delay in applying for OC, and,
3. Confusion in minds of people due to the ambiguity in how much would be the expense in buying FSI to regularize illegal alterations, and or, additions done from the original plan submitted to the Corporation.

Sir, mostly all applicants for the Abhay Yojana scheme would be buildings above 10-15 years of age.

So the probability of people having done alterations and/or additions would be very high in most buildings.

Here, the reduction in quantum of penalty to be imposed for delay in applying for OC was most welcome to all, but the shift from individual flatwise OC to granting building wise OC was a stumbling block.

This meant that even if a few members don't pay penalty, the entire building would suffer and not get OC.

This prospect is there in every building /society and deterred people from coming ahead and paying due to fear of their money getting stuck in case a few didn't pay.

The last feature of the ambiguity in the expense involved in regularizing illegal alterations /additions by buying FSI – was the biggest deterrent factor.

This gave too much authority to the Officials and huge scope for manipulation.

I am attaching another RTI, a few documents and a video clip to prove my point.

The case is of OC to Saket Complex in Thane. It is a huge complex of 24 buildings, where I live.

The buildings didn't have OC as there was a corruption case against the builder /TMC and others in Thane court for past 20 years and all the original documents were seized and with the courts.

The case ended last year and the original papers were repatriated with TMC.

Saket CHSL had applied for OC in the earlier Abhay Yojana – but were not given OC due to original documents not being there.

Saket CHSL again applied for OC in this years Abhay Yojana after the documents were released from the courts.

As per the reply to the RTI query by me, TMC officials say that there is a deviation in actual construction and the plan submitted to TMC by the builder 25 years ago and hence, the society should submit fresh plan as per actual construction, get it approved, buy additional FSI and then will be given OC.

Here is scope for manipulation.

There is total ambiguity in what will be the amounts involved and there lies scope of corruption.

In the attached audio clip you will hear the ex Secretary of Saket CHSL boasting that he had ‘settled everything and the TMC officials were ready to ‘cooperate’ and give OC’, but were scared after my RTI.

• What is meaning of ready to cooperate?

• Scared of what?

• What was the settlement?

In one of the documents attached, the same person boasts in writing that an MLA is ‘putting pressure’ on TMC to give OC. (attached)

Sir, your officials have recently taken undue interest in Saket and even referred an Architect of the corporation to the society to prepare a fresh drawing of the building from the 25 years old drawing.

For an ordinary copying job which can be done on CAD, they have charged the society Rs. 50,000/- and then the officials rejected the drawing stating that it differs from actual construction.

Taking interest with a view to help people is most welcome and appreciable but they must also guide properly.

Already, the society has lost Rs. 50,000/-.

Sir, our people are so desperate for OC that if asked for they would have easily shelled out Rs. 10,000/- each for ‘OC expenses’.

With almost 700 members involved the accumulated figure would have been Rs. 70 lakhs..( hope the picture is clear to you now.)

There are more examples of manipulation of societies' in PachPakhadi ( Aradhana theatre), but I will not dwell as it will make the letter very lengthy.

It is our earnest request to you to look into the points mentioned in this letter and do needful for Saket CHSL and many other societies' in Thane, yearning for OC.

Best Regards,

Dayanand Nene

Saket CHSL.

Thane

#8879528575