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Baiting Land Sharks

Riled by Gujarat's second impact-fee ordinance, Jagmohan decides to take on the builder lobby

Outlook Web Desk

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  • The central government will have the authority to notify the officer or authority to discharge functions.
  • More teeth to the legislation by imposing penalty on errant promoters, apartment owners or associations.
  • Setting up of an appellate authority to settle disputed cases.
  • And consequently, to bar the jurisdiction of the civil courts to entertain or decide any question relating to matters arising under the act.

    Quite predictably, opposition to Jagmohan's plans has come in from his own officials, partymen as well as 'vested interests' who fear that such a legislation will cut down on speculation which has led to a near-continuous spiralling of prices. In the Indian real estate business, the demand for flats and houses have far outstripped supply leading to manipulation and, very often, even blackmail by operators allegedly masquerading as property developers and construction agents.

    While officials are not willing to go on record, the broad parameters of the proposed legislation have already been put in place. On March 21 this year, Jagmohan's ministry amended the building bye-laws for Delhi. Says an official: "Copies of this amendment have been sent to state governments and local municipal bodies and the overall consensus emerging is that this could well form the backbone of the Builders Bill." The main provisions of this amendment include:

  • The structural designs of buildings have to adhere to the Bureau of Indian Standards.
  • A certificate has to be submitted along with a drawing of the building, satisfying safety requirements as per the existing building bye-laws.
  • A certificate—that the structural design, including safety from natural hazards based on soil conditions, has been incorporated in the design of the building—is also needed.
  • Another certificate, at the time of obtaining the completion certificate, which states that the building has incorporated the provisions of structural safety as specified in guidelines, is required.
  • Names, signatures and addresses of the owner, architect and structural engineers who have completed and okayed the project is also supposed to be on record.

    All these provisions have been framed with good intentions, no doubt, but on the ground it has to be implemented by state governments and local bodies. If the Gujarat example is anything to go by, bringing around state governments will be no mean task. But Jagmohan enjoys considerable support among Gujarat MPs who are of the view that lessons need to be learnt from the January 26 earthquake and that the builder-politician nexus should be broken.

    Jagmohan, for one, believes that "people have to lend their support to those who take firm action against land and building mafia operating in our cities". The people of Gujarat are more than willing to heed Jagmohan's suggestion and would definitely back Keshubhai Patel to the hilt if he cracks down on the builder mafia. But given his government's position on the matter till now, the big question is, will he?
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