MMRDA developed Oshiwara District Center OR Oshiwara Diseases Center

Dear All,

The following appeared in  "Times of India", Mumbai Edition on May 31, 2009, page no. 03.

Keep Smiling ... HemantAgarwal

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CrPC (133) empowers magistrate to pass order for “removal of nuisance’’.

MMRDA / BMC could court trouble on failure to clean drains

Mumbai: With the monsoon ready to lash M u m b a i , many citizens are worried that they will again have to undergo the annual misery of wading through flooded homes and streets only because the BMC failed to clean up choked drains and nullahs.

   People feel helpless in trying to get the municipality to act and find themselves stonewalled by red tape. The answer may lie in the use of a little known but powerful provision of the Criminal Procedure Code (CrPC), under which a common man can knock on the doors of the local magistrate and get a judicial order asking the municipality to do its job.

   Section 133 of the CrPC empowers a magistrate to pass an order for “removal of nuisance’’. Thus, if citizens of a locality believe that constant dumping of debris in a nearby nullah or an obstruction to a drain is going to result in flooding, then they can approach a magistrate under this section to get the BMC to put an end to such a nuisance.

   “It is a powerful provision in hands of the people,’’ said advocate Pradeep Havnur. “It can be used to force the BMC to take action,’’ he added. Lawyers pointed out that by resorting to this provision, citizens will not have to approach the Bombay high court by filing a writ or a Public Interest Litigation (PIL) every time they want the BMC to clean up a drain.

   On receiving a complaint, the magistrate is likely to order a preliminary inquiry and ask the BMC to submit a report on the citizens’ grievances. Thereafter, he can also pass a conditional order asking the BMC to clean up the choked drain or nullah.

   In a landmark case decided by the Supreme Court, the municipal corporation of Ratlam, a town in Madhya Pradesh, was ordered to construct drains and toilets, provide proper sanitation and hygiene after residents filed a complaint under section 133 of the CrPC that the stench in their vicinity was unbearable.

   Interestingly, the term ‘nuisance’ is not capable of an exact definition under the law and broadly means an act or omission which causes injury, danger or annoyance to common public. Thus, recently actress Kunika Lal used section 133 of CrPC to take action against vehicles that were parked illegally in her locality and were cause of trouble for motorists and residents alike.

MMRDA developed Oshiwara District Center OR Oshiwara Diseases Center

On 24th November a complaint is filed with commissioner of POLICE  requesting COMMISSIONER to direct Goregaon Police to use their discretionary powers under section IPC 268/.269/420/ with Cr Pc 133 against RNA Builder/ MMRDA/MCGM/and against illegal garage owners let see the action

The grievous failure of local authorities to provide the basic amenity of public conveniences

A responsiblity of MMRDA & municipal council constituted for the precise purpose of preserving public health and providing better finances cannot run away from its principal duty by pleading financial inability. Decency and dignity are non-negotiable facets of human rights and are a first charge on local self governing bodies. Similarly, providing drainage systems- not pompous and attractive, but in working condition and sufficient to meet the needs of the people- cannot be evaded if the municipality is to justify its existence.

A bare study of the statutory provisions makes this position clear. This is a public duty implicit in the public power to be exercised on behalf of the public and pursuant to a public proceeding. Failure to comply with the direction will be visited with a punishment contemplated by S. 188 I.P.C. Therefore the Municipal Commissioner or other executive authority bound by the order under S.133 Cr.P.C. shall obey the directions because disobedience, if it causes obstruction or annoyance or injury to any persons, awfully pursuing their employment, shall be punished with simple imprisonment or as prescribed in the section.” 

MMRDA developed Oshiwara District Center Which virtually became Oshiwara Diseases Center

The grievous failure of local authorities to provide the basic amenity of public conveniences

A responsible municipal council constituted for the precise purpose of preserving public health and providing better finances cannot run away from its principal duty by pleading financial inability. Decency and dignity are non-negotiable facets of human rights and are a first charge on local self governing bodies. Similarly, providing drainage systems- not pompous and attractive, but in working condition and sufficient to meet the needs of the people- cannot be evaded if the municipality is to justify its existence.

A bare study of the statutory provisions makes this position clear. This is a public duty implicit in the public power to be exercised on behalf of the public and pursuant to a public proceeding. Failure to comply with the direction will be visited with a punishment contemplated by S. 188 I.P.C. Therefore the Municipal Commissioner or other executive authority bound by the order under S.133 Cr.P.C. shall obey the directions because disobedience, if it causes obstruction or annoyance or injury to any persons, awfully pursuing their employment, shall be punished with simple imprisonment or as prescribed in the section.”

Project affected People are LESS HUMAN as per basic facility provided by MMRDA

The Oshiwara District Center developed by MMRDA in collaboration with RNA Builder is very pathetically AWFUL as seen in the photograph below on the left side there are no roads, no street lights, no clean drinking water, no proper sanitation, no proper waterproofing, unhealthy and unhygienic environment provided by MMRDA and RNA builders 

The RNA Builders on completion of 14 PAP's building in all respect were allowed to construct two sale building in ODC as seen in the photograph to the right, but without fulfilling their obligation they have started construction  of sale building and MMRDA handed over the PAPS and R&R colony to MCGM on 21st September with immediate effect as seen in the letter in the center,  the third paragraphs mentions  that MMRDA has accepted the substandard work of RNA Builder and as committed by Mr Ratnakar Gaikwad  during handing over the R&R colonies to MCGM with a note " the MMRDA is committed to provide funds for improvement of water supply.sewerage,street lights,solid waste collection and drainage, infrastructure works if MCGM finds existing infrastructure inadequate/inefficient as per norms and standard." what does this means? the MMRDA knows that they have  accepted substandard work of RNA Builder,and now will fund MCGM to improve and rectify RNA's Mistake this is just favoring RNA and LET RNA LOOT THE  CITY AT POOR PEOPLE 'S COST in name of slum improvement 
SEE THE DISCRIMINATION IN QUALITY OF WORK THE BUILDING'S ALREADY CONSTRUCTED AND SALE BUILDING UNDER CONSTRUCTION LOOK AT THE PHOTO BELOW

Sale building under construction 

constructed building for PAP's

handing over letter

CLICK THE LINK BELOW 4 VIDEO
http://www.youtube.com/watch?v=Z8t8iyt9l3Q

MMRDA THE REAL CULPRIT IN TRANSFORMING HORIZONTAL SLUMS IN TO VERTICAL CONCRETE SLUMS

The schemes were aimed at removing slums and give slum dwellers all the basic facilities of good sanitation / clean drinking water and hygienic environment to make city look good the shining " Shanghai -- in the making ". But in the process the horizontal slums have come up vertically in concrete building. STOP EXPLOITATION OF SLUM DWELLERS IN THE NAME OF PAP / SRA SCHEMES. the scheme has failed to provide clean and hygienic water for residents of 1200 families shifted as PAP from Andheri Juhu Lane and Malad in this 30 odd buildings constructed by RNA builder on behalf of MMRDA
WATCH THE LINK BELOW
http://youtu.be/Z8t8iyt9l3Q