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Kerala - Thiruvananthapuram Printer Friendly Page   Send this Article to a Friend

Stay orders being misused

N.J. Nair

Government drive against illegal structures hits a roadblock


Department identified hundreds of unauthorised buildings

Local bodies directed to take stringent action


THIRUVANANTHAPURAM: The State government’s attempts to check unauthorised constructions have hit a roadblock with a section of builders and individuals allegedly misusing stay orders issued by the local self-government institutions tribunal to ward off punitive measures.

Official sources told The Hindu here on Thursday that builders and individuals tend to begin construction of residential and commercial buildings in anticipation of securing permission from the local body concerned. Once the civic chief issues a warning notice against unauthorised constructions, they move the tribunal and get stay orders. Though such orders are secured by citing genuine reasons, the stay period is often misused to complete the construction in violation of the Kerala Municipal Building Rules.

The Local Administration Department is understood to have identified hundreds of buildings constructed in blatant violation of the rules, but the drive to initiate punitive measures is impeded by the stay orders, in most of the cases, and by the alleged lackadaisical attitude of certain local bodies.

The vigilance wing of the Town and Country Planning Department is understood to have detected a number of unauthorised structures across the State, mainly within the corporation and municipal limits, and in the panchayats in and around Kochi where the Smart City project is to come up. Conversion of parking spaces in multi-storeyed buildings for commercial purposes, violation of floor area ratio norms and misuse of concessions given for surrendering land for development purposes have been detected and reported by the vigilance wing.

The Kerala Mayors Chamber is understood to have taken up the issue with the government. The chamber is said to have expressed its inability to take action against erring builders and individuals who arm themselves with the stay orders and complete the construction challenging the rule of law.

Considering the gravity of the violations, the government is learnt to have directed the local bodies to take stringent action against building rules violations. While a majority of the civic chiefs have started action in right earnest, the drive has been stalled by the stay orders.

The chamber is understood to have apprised the government of the legal hassles in lifting the stay orders. The time taken by the local bodies is feared to be misused by the violators for completing and regularising the structures. Planned development and optimum utilisation of space and resources would become a major casualty, it is being felt.

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