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Showing posts with label RTI. Show all posts
Showing posts with label RTI. Show all posts

Tuesday, April 25, 2017

The Maharashtra Real Estate Rules; Latest victim of Bureaucracy & Builder nexus

The Real Estate Act (REA) was brought to protect the interest of consumers in the real estate sector . However literary genius of mantralay have made mockery of it. Literary  genius  are those persons in Maharashtra mantralay who make mockery of good laws by cleverly drafting rules or issuing circulars without any authority. Earlier they did it with The Right to information act and The Right to Services Act. Now their latest victim is The Real Estate Act. The way rules of this act are drafted clearly indicate that these literary genius have acted as stooges of builder lobby.These rules give  an open licence for builders to strangulate innocent real estate consumers.Compared to other states only Maharashtra has given such discretionary powers to the builders.




For English Rules See Page No 89 to 152 

To protect the interest of consumers in the real estate sector the REA mandates the builders and Real Estate Regulatory Authority ( RERA) to publish certain information regarding credentials of builders and their projects on the website .However latest Maharashtra rules give discretionary powers to builder of what to publish and what not to publish.



Most the times  builder creates false picture of their project and cheat innocent flat buyers. To avoid this and to enable consumer to lodge his complaint , section 11 of REA mandates builders promoters  to create their web page on the website of the RERA and enter all details of the proposed project. These details include plan of proposed project, proforma of the allotment letter, agreement for sale, the conveyance deed proposed to be signed with the allottees, drinking water facilities, number, type and the carpet area of apartments for sale etc.As well, section 34 of REA mandated RERA  to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted. 

34. The functions of the Authority shall include— 
(b) to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted

However contrary to the basic Act clause 20  Maharashtra Real Estate Rules give extraordinary powers to the builders. It says RERA should publish only those things that builders allow them to publish.

20. Details to be published on the website regarding real estate projects.- (1) For the purpose of clause (b) of section 34, the Authority shall ensure that all the disclosures made by the promoters to the authority with regard to the Real Estate project for which registration has been given, shall be made available on its website, except for the following:

(i) Details provided under clauses (b), (e), (g), (h), (i) and (l) of sub-section (2) of
Section 4;

(ii) Details provided under sub-rule (2) of rule 3 of these Rules.

Clauses (b), (e), (g), (h), (i) and (l) of sub-section (2) of Section 4 cover following information

 (b) a brief detail of the projects launched by him, in the past five years, whether already completed or being developed, as the case may be, including the current status of the said projects, any delay in its completion, details of cases pending, details of type of land and payments pending; Prior registration of real estate project with Real Estate Regulatory Authority. Application for  registration of real estate projects.

(e) the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including fire fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy;

(g) proforma of the allotment letter, agreement for sale, and the conveyance deed proposed to be signed with the allottees;

(h) the number, type and the carpet area of apartments for sale in the project along with the area of the exclusive balcony or veranda areas and the exclusive open terrace areas apartment with the apartment, if any;

(i) the number and areas of garage for sale in the project;

(l) a declaration, supported by an affidavit, which shall be signed by the promoter or any person authorized by the promoter, stating:—

(A) that he has a legal title to the land on which the development is proposed along with legally valid documents with authentication of such title, if such land is owned by another person;

(B) that the land is free from all encumbrances, or as the case may be details of the encumbrances on such land including any rights, title, interest or name of any party in or over such land along with details; 

(C) the time period within which he undertakes to complete the project or phase thereof, as the case may be; 

(D) that seventy per cent. of the amounts realized for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose: Provided that the promoter shall withdraw the amounts from the separate account, to cover the cost of the project, in proportion to the percentage of completion of the project: Provided further that the amounts from the separate account shall be withdrawn by the promoter after it is certified by an engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project: Provided also that the promoter shall get his accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilized for the project and the withdrawal has been in compliance with the proportion to the percentage of completion of the project. Explanation.— For the purpose of this clause, the term "schedule bank" means a bank included in the Second Scheduled to the Reserve Bank of India Act, 1934; 

(E) that he shall take all the pending approvals on time, from the competent authorities; 

(F) that he has furnished such other documents as may be prescribed by the rules or regulations made under this Act; and (m) such other information and documents as may be prescribed.

And Sub-rule (2) of rule 3 of these Rules cover following 

(a) Authenticated copy of the PAN card of the promoter;

(b) Name, photograph, contact details and address of the promoter if he is an individual or authorized representative; or the name, photograph, contact details and address of the chairman, partners, directors, as the case may be, and the authorized representative in case of other entities.

(c) A copy of the legal title report reflecting the flow of title of the owner or promoter to the land on which development is proposed, with authentication of such title by practicing advocate;

(d) Where the promoter is not the owner of the land on which development is proposed, a copy of the collaboration agreement, development agreement, joint development agreement or any other form of agreement, as the case may be, entered into between the promoter and such owner, reflecting the consent of the owner of the land and authenticated copies of legal title report reflecting the title of such owner, on the land proposed to be developed;

(e) The information relating to the encumbrances in respect of the land where the real estate project is proposed to be undertaken and the details regarding the proceedings which are sub-judice (if any) in respect of such land;

(f) (i) sanctioned plan where the project is being developed along with information relating to the FSI/ TDR and other entitlements which are proposed to be utilized in accordance with the relevant Development Control Regulations for the time being in force, for carrying out such sanctioned plan and the amenities and common facilities (including common areas, parking spaces) to be provided in accordance with the
sanctioned plan;

(ii) the Proposed Plan, Proposed Layout Plan of the whole project and Floor Space Index proposed to be consumed in the whole project, as proposed by the promoter;

(iii) proposed Floor Space Index to be consumed and sanctioned Floor Space Index. In case the sanctioned Floor Space Index is different than what is proposed to be consumed by the promoter, then the proposed Floor Space Index shall be disclosed at the time of registration and as and when the Floor Space Index is sanctioned, the same shall be uploaded on the website of the Authority by the promoter from time to time;

(iv) proposed Number of building(s) or wing(s) to be constructed and sanctioned number of the building(s) or wing(s). In case the sanctioned number of building(s) or wing(s) is different than what is proposed to be constructed by the promoter, then the proposed number of building(s) or wing(s) shall be disclosed at the time of registration and as and when the additional number of building(s) or wing(s) are sanctioned, the same shall be uploaded on the website of the Authority by the promoter from time to time;

(v) proposed number of floors in respect of each of the building or wing to be constructed and sanctioned number of floors in respect of each of the building or wing. In case the sanctioned number of floors is different than what is proposed to be constructed by the promoter, then the proposed number of floors shall be disclosed at the time of registration and as and when the additional number of floors are sanctioned, the same shall be uploaded on the website of the Authority by the
promoter from time to time;

(vi) Aggregate area in sq. meters of the recreation open space;

(vii) The number of covered parking spaces,

(g ) the particulars in respect of Architecture and Design Standards, Type of construction Technology, Earthquake Resistant Measures and the like to be adopted for Buildings and for Common Areas and of amenities / facilities in the Layout Plan of the real estate project;

(h) the nature of the organization of allottees to be constituted and to which the title of such land parcels is to be conveyed and the specific local laws to govern such organization of allottees on completion of real estate project;

(i) the promoter shall also provide such other information and documents, as may be required by the Authority under these rules or the regulations.

If all this information is excluded from publishing , what remains to publish? . And without this information how the consumer is supposed lodge his/her grievance or ask for the justice? .In the nutshell, builders wanted to  keep away consumers from the affairs of REA and  to keep it  the matter between RERA and them only. They have succeeded in it by making rules favorable to them only. 

Another major factor is, as per  REA where the area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases are not supposed to be registered with RERA. However in Maharashtra rules the way registration fee has been described is quite confusing.It say "At the time of application for registration, the promoter shall pay a registration fee, calculated on the area of the land proposed to be developed at the rate of, rupees ten per square meter, subject to a minimum of rupees fifty thousand only and a maximum of rupees ten lakhs". What does that mean. Does that mean all the projects above  five thousand square meter only are to be register with RERA or even if project is of less than  five thousand square meter he has to pay fee of fifty thousand? .Rules are silent on whether project below five hundred square meter are to be registered with RERA or not. Like wise why the  projects between five hundred and five thousand square meter should bear additional burden of fees. There are thousands of projects fall in this category. (For project of one thousand square meter registration fee should be ten thousand rupees but because of minimum limit of fifty thousand he will have to bear additional burden of forty thousand rupees) contrary to that even if bigger projects like town ships that run in to more that hundred acres will pay much lower amount because of ceiling of ten lakh rupees.

Reduction in penalty charges for compounding of offences uder the act is another issue that builders managed to insert inthese rules

Even after Union housing minister Venkaiah Naidu’s warnings serious implications in case of any compromise with REA to the state governments, Government of Maharashtra  has diluted provisions of it. Naidu had also termed watering down of the legislation by states as anti-people. Now as the the new REA rules have come in to force only thing people of Maharashtra can do is to write to Venkaiah Naidu for immediate intervention or go to the court of law.

Related Stories

Builder bureaucrat nexus makes Maharashtra RERA Rules nightmare for home buyers



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RTI Resource Person, RTI Columnist
Phone – 9923299199

                   http://surajya.org/
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Saturday, February 18, 2017

Co Operative Societies Are Bound To Supply Information Under RTI - Bombay HC

In a recent land mark development Nagpur bench of Bombay high court has ruled that urban cooperative   banks,   cooperative   financial institutions,   Patpedhis   and   other   cooperative societies   are bound to supply information under Right to information act  ( RTI) . After supreme court’s order in Thalappalam Ser.Coop.Bank Ltd.vs State Of Kerala  all the public authorities and PIO’s  I were blatantly saying that RTI act was not applicable to co operative societies.Actulally even in Thalappalam case the apex in paragraph 52 of its judgment had categorically said that the PIO of Registrar of Cooperative Societies is duty bound to supply  the information which his department can have access under the Cooperative Societies Act from a Society . But even then PIO’s and co operative societies were denying the information sought under RTI.





The Bombay high court in it judgement ha categorically said that “The   provisions   of   the   Maharashtra Cooperative   Societies   Act   if   read   with   the definition   of   information   given   in   section   2(f) of the Act, it can  be said that everything which is   mentioned   in   the   definition   of   information needs   to   be   supplied   by   the   cooperative institution   to   the   authority   created   under   the Cooperative   Societies   Act.  The   definition   of 'Public   Authority'   given   in   section   2(h)   shows that such public authority can be created by any law made by the State Legislature. It is already observed that the officers like Registrar and his subordinate   officers   are   appointed   under   the Cooperative  Societies  Act   and   they   have   the control   over   the   aforesaid   things.”

The court also observed that cooperative   institutions,   are   registered   under the Maharashtra Cooperative Societies Act, 1960. They are bodies created by the statute. But right from the registration till the liquidation there is   control   over   these   institutions   of   the authority   created   under   the   same   Act.

The petitioner  the association of Jalgaon Zilla Urban Cooperative Banks, Credit Societies   and   other   financial   institutions registered   under   the   Maharashtra   Cooperative Societies Act 1960 had filed a petition requesting court to Hold   and   declare   that   the   urban cooperative   banks,   cooperative   financial institutions,   Patpedhis   and   other   cooperative societies   which   are   registered   under   the Maharashtra Cooperative Societies Act 1960, are not the public authorities within the meaning of Section 2(h) of the Right to Information Act. Their contention was that in view of the provision  of section   34A   of   the   Banking Regulation Act, 1949 these institutions   were not bound to disclose certain information  which, according to them, was confidential in nature. It was  also contented that   those   institutions   were not   receiving   financial   aid   from   the   Government directly or indirectly and so the provisions of the Act cannot be made applicable to them


Petitioners had also requested High Court to restrain   the   officers   of   the cooperative   department   and   their subordinates from supplying any information to the   members   or   general   public,   which   is, according to  the said  societies  is confidential  in the commercial  interests  of the said societies and for that purpose issue necessary orders.


The Bombay High court denying all the reliefs claimed by petitioners also referred to  apex courts views  in jayantilal mestry case in which the supreme court had said that RBI was supposed to uphold public interest and not the interest of individual banks. RBI is clearly not in any fiduciary relationship with   any   bank. 

Related Stories

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RTI Resource Person, RTI Columnist
Phone – 9923299199
Email – kvijay14@gmail.com
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Saturday, November 19, 2016

Complaint against wasteful expenditure on coffee table book by CIC

While Prime Minister Narendra Modi is engaged in taking steps to curb corruption, many agencies are involved in encouraging corrupt practices. Wasteful expenditure of public money to impress authorities is also corruption. Recently a coffee table book on success stories of Right to Information “Trust Through Transparency” was unveiled at central information commission’s (CIC ) annual Convention. CIC has spent more than 17 lakh rupees on that book, but only 6 copies of the book were ready at the unveiling function. 



Copies of the book could not be distributed amongst Information commissioners or other participants present at the Convention for the reasons best known to CIC only. However, a soft copy of the book was published on the CIC web site on the same day. Big question is where was the need to print the book at an exorbitant cost of Rs. 17 lakhs when it was to be published on line? This is complete waste of public funds because the only purpose served was to uplift the image of the Chief Information Commissioner.

Normally coffee table book is an oversize, large, expensive book with a lot of pictures, intended to be looked at rather than read. As mentioned in book itself it was printed for limited circulation and academic purpose only. However coffee table books are not meant for academic purpose.


As well as per the press and registration of books act, 1867, every book or paper printed within India must have printed legibly on it the name of the printer and the place of printing. The coffee table book does not mention any of it. The book was unveiled at the hands of union home minister

Over 800 copies of the book are​ ​now being sent to the CIC by Yashavantrao Chavan Academy of Development Administration (YASHADA) from Pune.​​ ​Transportation will cost about Rs. 8000 by rail. However, copies of the book now to be sent (If at all sent) to individual dignitaries from Delhi by any mode will cost over Rs. 4 lakhs, thus making the total cost of the project at over Rs. 21 lakhs. Despatching the book of just 124 pages but costing over​ Rs. 1700 ​ ​per copy and weighing over a 1.6 kilo will thus put additional burden on the finances.

Although the stories published in this Coffee Table book are no doubt ​​inspirational. ​Spending  ​Rs. ​21 lakhs on this project, especially when book is available online is complete waste of resources and funds.


In nut shell, CIC​ ​in collaboration with YASHADA​ ​has wasted Rs. 17 lakhs of public money because it has not turned out to be cost effective .Therefore, Major general (retd) SCN jatar and this writer from Pune have   requested Prime minister Narendra Modi to recover this money from the officials of CIC who approved this expenditure. 

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RTI Resource Person, RTI Columnist
Phone – 9923299199
Email – kvijay14@gmail.com
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Thursday, July 21, 2016

No options left, Ratnakar Gaikwad has to resign otherwise..

On the background of assurance given by  Chief Minister Devendra Fadnavis  that a report on Ratnakar Gaikwad's role in the Ambedkar Bhavan demolition will be sent to the Governor and on  the background of surge of protest, an agitation and anger displayed by Dr. Babasaheb Ambedkar's  disciples recently , it appears that  Chief State Information commissioner (CSIC) of Maharashtra has not left with any other option other than to resign .





Most irony part of the story is that Ratnakar Gaikwad himself has created the cause of action to remove himself from the post of CSIC under section 17 of RTI act. as per this section ,  Subject to the provisions of sub-section (3), the CSIC  or a State Information Commissioner ( SIC) can be removed from his office only by order of the Governor on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.




As per section 17(3) (e) of RTI act CSIC or SIC  can be removed If he has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner

And as per section 17(4) CSIC or SIC can be removed  if he, in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehavior.




In a present case, Ratnakar Gaikwad has not only taken an active part in the demolition of Ambedkar  Bhavan but also saw and defended the demolition of it  in the midnight openly.

While talking to Mumbai Mirror Gaikwad admitted  that he wasn't connected with the trust, and was merely "advising" the office bearers, like so many organizations and NGOs do, and I helped them." . But he was  seen on television giving the reason for demolition in the midnight. He said  earlier while structural audit there was a hugh protest and hence they had to demolish it in midnight. That definitely  wasn't just advice. It was active participation and "Interest in action".



Ratnakar Gaikwads behavior in Ambedkar Bhawan demolition case clearly shows that he had taken a lot of interest in. It was not just a passive advice, it was definitely an active participation falls under the section 17 of the RTI act. There may be counter arguments on whether  information commissioners while in office are allowed to give advice to NGO's or people. But definitely, they are not allowed to take an active part in any organizations matters directly or indirectly.

If Government reports Ratnakar Gaikawad's involvement in Ambedkar Bhawan  demolition case to the Governor, the Governor may start his removal procedure. And looking it to the increasing pressure on Government and assurance given by chief minister in assembly Government will definitely send such report. In that case, Governor as per section 17 (2) may suspend him from office, and if deem necessary prohibit also from attending the office during an inquiry. To avoid all this embarrassment Ratnakar Gaikwad has an option of  only to Resign immediately.

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RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.


RTI Resource Person, RTI Columnist
Phone – 9923299199

Wednesday, June 15, 2016

Kingpin Santiago Martin being darling of all politicians 3 Lac crore rupee Maharashtra lottery scam may be toned down and killed

The Maharashtra online lottery scam runs into around three lac crore rupees , however kingpin  of  it Santiago martin being a darling of all political parties the scam is likely to be toned down and killed . No political party or its spokesperson has come forward to speak on this issue or at least demanded to nail the culprits.


Recently Anand kulkarni a  former IAS officer exposed a massive 'online lottery scam' took place eight years back and held then Finance Minister Jayant Patil  of NCP and senior IAS officer Kavita Gupta  responsible .Kulkarni unearthed this scam after he obtained a copy of CID report under RTI. After a complaint regarding tender awarded to Martin lottery agencies,  then Home Minister R R Patil  had  ordered a CID probe headed by the then Additional Director General of Police S P S Yadav into the lottery scam. Yadav had submitted its report , however, congress NCP led government didn't give heed to the report.

Though this scam runs into around three lac crores , this is not the first and the only scam of Santiago martin. He faces more than 35 lottery fraud cases in India and mostly are from Kerala. Once a small a labourer  in Myanmar after coming to India entered into lottery business - mostly frauds. As his business flourished he made many of friends mostly from political parties.

According to Indian express, Martin's  son Charles has joined BJP and his wife leena  had managed on one occasion to get on to the then prime ministerial candidate Narendra Modi' s campaign stage in Coimbatore.

Here are some stories carried by Indian Express  about such such scams




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RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.


RTI Resource Person, RTI Columnist
Phone – 9923299199
Website – http://surajya.org/

Monday, January 11, 2016

Uttar Pradesh Right to Information rules dilute the very object of RTI act

There are several objectionable clauses in Uttar Pradesh Right to Information (UP RTI)  rules 2015  , But most dangerous clause is 13 (3) that categorically says that “ The proceedings pending before the Commission on any complaint or appeal shall abate on the death of the complainant or appellant, as the case may be. This is not only threat to RTI applicants but it is also dangerous for entire RTI act.




There are several other provisions in UPRTI Rules which read separately may appear innocent but if read collectively they can make disastrous affect on entire RTI proceedings. I.e appointments of Public Information Officers (PIO) and appellate authorities (AA) are to be made not by the name of the officers but by the designation of the office .This is good provision as far as exercise of appointments and reappointments is concerned. But there are another provisions and forms where PIO or AA need not mention their names on any of the correspondences.

There is also provision that “during the course of hearing on a complaint or an appeal, the complainant or appellant may be present in the Commission either in person or through duly authorized representative”. And this authorized representative of PIO may appear on behalf of designation. Hence there may be a situation where after final order even information commission may not know who the actual information was.

 9(1) during the course of hearing on a complaint or an appeal, the complainant or appellant may be present in the Commission either in person or through duly authorized representative. However, the Commission, if it deems necessary, may summon the complainant or appellant, as the case may be, to be present in person in the Commission on any specific date of hearing.

(2) The State Public Information Officer against whom the complaint or appeal has been filed may be present voluntarily during the hearings. However, the Commission may at its discretion direct the State Public Information Officer to be present in person or appear through an authorized representative, provided he is an officer of sufficient seniority.

Interestingly the form no 17 under which register of penalties imposed u/s 20 of RTI to be mentioned and form 18 under which penalty order to defaulting PIO is to be conveyed also silent on mentioning name of the PIO . These forms only say that the name of the PIO is to be mentioned only if it is available. That Means event after imposition of penalty nobody will know names of defaulting PIO’s.

Clauses 12 of these rules keep scope for more mischiefs to the RTI act. It is about the recalling of commissions orders.

12. (1) The Commission, on an application submitted by any party aggrieved by an order of the Commission, may recall its order on the ground of any of the following procedural defects:

 (i) The order was passed by the Commission without hearing the applicant for no fault of his; or

(ii) The Commission heard and decided the matter on a date other than the one fixed for hearing of the same and the applicant could not attend the hearing for no fault of his.

(2) The applicant may submit recall application within thirty days from the date of knowledge of the order of the Commission.

(3) If the Commission is of the view that prima facie there is no merit in the application, it may reject the recall application.


As per clause 13. (1), during the hearing on any complaint or appeal, the Commission may, on a request made by the complainant or appellant, as the case may be, allow the complaint or appeal to be withdrawn. This provision is also liked to be used mischievously by both parties. Also there are provisions of adjournment of hearing, transfer of hearings which are also dangerous to RTI act.

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RTI Resource Person, RTI Columnist
Phone – 9923299199
Email – kvijay14@gmail.com
Website – http://surajya.org              

   

Sunday, October 4, 2015

Custodial death, family obtains information under RTI, files writ, Court orders government to pay compensation

Bombay high court recently awarded cost of rupees five lacs to the deceased under trial prisoner’s family. The family had obtained the relevant information under the Right to Information act and had filed a criminal writ petition in Aurangabad bench of Bombay High Court. Recently Government of Maharashtra has complied with court’s orders.


Under trial prisoner Namdeo Vaijanath Sable died in Beed central jail. He was lodged in jail as per orders of judicial magistrate, majalgaon. On 28.3.2009 at about 2.00 a.m. Namdeo started vomiting. He was taken to Civil Hospital but was declared dead. Only thereafter the incident was informed to the Namdeo’s family. In the post mortem report doctor gave opinion that Namdeo died due to head injury. Subsequently FIR was lodged.. The employees at the prison had beaten Namdeo; he sustained head injury and died.

Namdeo’s wife made several representations that her husband had been killed in the prison, however as usual nobody heard her pleas.  The newspaper reports also claimed that Namdeo died due to negligence in giving medical attention. When in spite of representations to various authorities, nothing happened,  Namdeos family filed application under Right to Information Act and obtained copy of FIR and medical report. Due to this information it was confirmed that cause of death was head injury.

Custodial Death Photo Courtsey Dnaindia.com 
Then Namdeo’s family filed a criminal writ petition in Aurangabad bench of Bombay high Court. High Court held that when a prisoner enters the prison, he is responsibility of the State. He has to be protected by the State from other inmates in the cell and even from the prison officials.

High Court also observed that, there is no reason why the State should not have cameras including night vision cameras, to cover all portions of the prison other than the changing room and toilets. There is no reason why, when such incident takes place, the State is unable to show from scientific evidence of video recordings as to what exactly happened when the victim is alleged to have slept in the cell along with other prisoners.
  
Video recording can show the truth. If the State fails to make provision to make such scientific evidence available, the State cannot escape the liability whenever such death occurs while the person is in the custody or in the prison. There is a tendency between jail officials to protect each other when one of them is responsible. The other inmates in the prison can be intimidated or for various reasons, their silence can be procured when prison officials are involved in atrocities on any inmate.

Photo Courtsey newindianexpress.com
HC also directed the State Government to consider inquest report recorded by Executive Magistrate Abhay Devidas Mhaske and read the same with the post mortem report and looking to the manner in which this inquest panchanama was recorded, take suitable action against the Executive Magistrate for his approach while recording the inquest panchanama which was either negligent or a conscious effort to shield those who were guilty at the prison

Photo Courtsey Yashada.org
Court ordered to pay compensation of rupees five lacs to the petitioners,  however left it at the liberty of   State  to recover the amount of compensation, interest and costs as directed to be paid, from respondents   i.e then jailor Dattatraya Devrao Sonawane, Havaldar  Ramesh  Tarachand Devre and Jamadar  Babusing Devrao Solunke  or such other officials as it may find to  be responsible.

High Court also asked to deposit compensation amount with interest and costs within two months from the date of  judgment i.e. 14 July 2015 , accordingly stategovernment has issued GR in that regard on 3 October 2015 . However GR doesn’t mention anything about recovering of said cost from anybody. Meanwhile  jailor, Dattatraya Devrao Sonawane has been sentenced to  5 years of  Jail term by district and sessions court of Beed on 25 September 2012. 

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Wednesday, June 17, 2015

To show insubordinate public servants their real position Activists seek Anna Hazare’s support

Bureaucrats never allowed democracy to flourish in this country. And hence common person, the real owner of this country always remained deprived of his legitimate rights. They confiscated common person’s rights in hand in gloves with people’s representatives. They have forgotten that they are servants of citizens of India. To make realize their real positon members of “Mahiti Adhikar Katta”  have decided to write “public servant” or its abbreviation P.S before or instead of H’ble , Mr. or Mrs. while writing to any public servant. Katta members communicated this to Anna Hazare yesterday. 

Yesterday ( 15th June ) members of RTI katta extended birth day greeting to legendary social worker Anna Hazare at Ralegan siddhi. Activists informed him about new initiative they have taken to show their place to insubordinate public servants. (Reproduced below is letter written to Anna Hazare).Anna frankly spoke to activists present. Anna’s aid Datta  Awari informed them about living History of transformation Ralegan Siddhi, Janlokapal andolan and Anna’s life “ Media center” . This media center is amazing, once you watch it, nothing remain to ask about Anna’s extraordinary work. You become speechless.

Here is letter written to Anna

H’ble Anna

The conference of chief ministers held on 24 may 1997, recognized that as the country completed 50 years of independence and as the people were assailed by growing doubts about the accountability, effectiveness and moral standards of administration and hence  , central and state governments should move together to justify the trust of faith of the people in the government by taking up the implementation of the action plan

The conference also resolved that the central and state governments would work together to concretize the Action Plan dealing with the following themes

I. Accountable and citizen-friendly Government

II. Transparency and Right to Information and

III. Improving the performance and integrity of the public service.

Citizens’ Charter, Redressal of Public Grievances, Peoples Participation, Decentralization and Devolution of Powers,


In order to carry forward the Action plan for immediate as well as long term improvement in administration, it was decided to set up a Committee under the Cabinet Secretary including some of the Chief Secretaries representing the different regions of the country as well as some senior officials of Government of India

The states welcomed the initiatives by the Prime Minister towards more effective and responsive administration and stated that these initiatives are important and timely.

There after central and state governments introduced so many so called pro people legislations that too because of pressure from noted activists like you. But outcome was zero. Because there was lot of difference in what was written in the laws and actual situation on ground zero. Even if some pro people legislations were introduced they made sure that those will not be implemented properly. And hence you will see lot of former bureaucrats occupied most of the authorities after retirement.


Politicians and babus never tried to earn citizens faith back, they just eye washed it. The real culprit in this process was bureaucracy. Babudom is not willing to loosen its grip on the neck of democracy. It is not ready to decentralize powers. Hence even 18 years after all chief ministers’ resolution in presence of then prime minister things didn’t change.

They never allowed democracy to flourish in this country. And hence common person , the real owner of this country was always remain deprived of his legitimate rights. they confiscated common persons rights in conspiracy with  peoples  representatives.

However, what is the solution to come out of this situation?. Lot needs be done to achieve this. But we can start with small thing. Normally we use abbreviation like h’ble, Mr., Mrs. Etc. while writing to public servants. This has created superiority complex in their mind, and as a result they are not giving any heed to common person’s problems. To overcome this    common person should now start showing Public servant their real place.

If we write P.S for public servant before or instead of other abbreviation like H’ble, Mr. Mrs. Etc., we guess that will definitely make some difference. We don’t want to insult or abuse them but to show their place that they have forgotten. Hence if one who wish may write h”ble P.S or P.S Mr/Mrs etc . We the members of “Mahiti Adhikar Katta” have decided to do so immediately. We request you to support us on this issue.

 As well it is almost 10 years that our parliament passed Right to Information act on 15 June 2015. On 15th June 2005 parliament passed RTI and after that 120 were given to public authorities to comply with section 4 of the said act. But total state of the act in India is miserable. We have planned some events on account of 10th anniversary of RTI act from 15 June to 12th October. We seek your support for this also.


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Email – kvijay14@gmail.com
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Saturday, February 21, 2015

Drama called planning Pune,full of chaos,suspense, secrecy,favoritism,allegations, mismanagement and corruption

Drama called planning Pune is full of chaos,suspense, secrecy, favoritism,allegations, mismanagement and corruption. So called confidentiality played key role in this entire planning process. Actually as per Maharashtra Regional Town Planning Act ( MRTP) and Right To Information act (RTI) all the process  and documents related to planning process should be in public domain. However authorities kept Draft development control rules, Draft DP and  and Maps sealed.This secrecy was for common citizens only otherwise all these documents were made available for chosen few easily . I have filed a complaint with State Information commission (SIC) in November 2012 but SIC hasn't find time to hear it. Now even if they hear it , it will of no use at least for pune city.

Now,three  members out of 7 members of the planning committee appointed by the state government to hear suggestions and objections regarding the revision of  draft Development Plan (DP) old limit of pune City have alleged that the text in the Marathi version of their report submitted to the general body (GB) has been modified. They have said that only the English version of the report should be presented.

There might be many such issues in this report which they have neither endorsed/recommended, nor signed. If planning committee members have been alleging that changes were made without their knowledge, then it is a serious charge. The citizens must know the reality of this matter.In addition to the report and decisions signed and submitted by Planning Committee on  Draft development plan of Pune City for old limit, three members  i.e Mr.Sarang Yadwadkar , Dr. Sachin A. Punekar and Mr.A.M. Chauhan of the committee have submitted additional report.

These members’ have alleged that

1.The procedure followed by the planning committee while taking various decisions was not having the required broad perspective with respect to the planning norms that could be followed on larger level. Each decision with respect to various suggestions and objections taken by citizens; was taken independently without primarily studying the norms being fulfilled/not fulfilled at planning unit level.

2. As the decisions have been taken in completely fragmented manner, the correctness of each decision could not be assessed and the implications of the same on the city or on that particular planning unit could not be evaluated which is extremely vital for balanced and healthy growth of the city.

3. The information sought from the planning cell was rarely furnished in required format. In fact unfortunately there was undeclared noncooperation from the concerned staff on this front.

4. This report is primarily based on the hearings given to the citizens for their suggestions and objections and also on the contents of the Draft Development Plan components.

5. This report supersedes the individual decisions taken and signed by us and the joint
report as well.

Here is entire report submitted by three members 


THE QUESTIONABILITY OF THE Draft Development Plan

1. LOW RESOLUTION MAPS PUBLISHED ON PMC’S OFFICIAL WEB SITE:
This is a very major issue which received strong reactions from many citizens and NGOs.



Fig. 1.1: LOW RESOLUTION MAP ON PMC’S OFFICIAL WEB SITE



Fig. 1.2: HIGH RESOLUTION MAP AVAILABLE WITH PMC

It is evident from the above samples that none of the survey numbers or text is legible in the maps published for public on PMC’s official web site (Fig. 1.1) whereas the high resolution maps which are easily readable were available with the planning authority (Fig. 1.2). The reason behind not publishing these high resolution maps for the public is a mystery till date.

As low resolution maps were made available for the citizens; in which neither survey
numbers nor any text is legible, it was practically impossible to understand these maps and the implications thereof with respect to any particular property or even at larger scale. This certainly has resulted in miscommunication and misinterpretations at mass level.

Citizens had to refer to the maps published on the official website of PMC as the hard
copies of the maps made available for sale to public were also illegible due to scale.
Therefore it was extremely essential that the maps published on the website should have been high resolution for proper interpretation to register their suggestions and objections.

It is a duty of the Planning Committee to bring it on record that, by not publishing the “legible maps” which were available with the Planning Authority, the citizens/tax payers have been deprived of their basic right to comprehend the Development Plan correctly and to express their views on it subsequently. It also would be significant to note that low resolution maps were made available for public. Whereas, during the hearings and Planning Committee meetings high resolution maps were projected on screen. Thus the maps projected during hearings and meetings were different (at least in resolution and clarity) from those made available for public for study.

The only option to correct this injustice done to the citizens is to republish the high
resolution maps for clear interpretation and re-invite the suggestions-objections based on the same. Otherwise this will not be a DP of the people, by the people, for the people.

2. UPA SOOCHANA (AMENDMENTS) IN GENERAL BODY:

There were number of objections raised by citizens on this issue heard during the hearings.

1. Vide Resolution No. 588 the DP was presented by the Administration before General Body where 413 changes were suggested by the corporators by way of
“Upasoochanas” (amendments). Out of this, 276 changes were with respect to PLU and 137 were with respect to the Development Control Rules (DC Rules).

2. As there were serious objections by citizens with respect to these “Upasoochanas”, we sought legal opinion from the legal department of PMC. The legal department refused to provide their opinion on this matter for reason best known to them (Letter No. MPO/1272 Dt. 2/9/2014 from Legal Dept.).

The question is, once the DDP is prepared by the Town Planning Officer and his staff, keeping in mind technical requirements, why the General Body make hundreds of microchanges by way of “Upasoochanas” in the DDP? That too without ensuring that the planning norms are not affected adversely. Many changes suggested by corporators in the General Body vide Resolution No. 588; and incorporated by administration in the DDP are
questionable. For example:

Shyama Prasad Mukhergy Garden:

                                                  Fig. 2.1: 1987 DP Fig.

                                       2.2: ELU Map prepared by PMC

Fig. 2.3: 2007 DP prepared by Admin.          
  
Fig. 2.4: PLU after “Upasoochana”

At S. No. 22 of Erandawane, a garden is shown in 1987 DP (Fig. 2.1). The garden is
continued as shown in the ELU map (Fig. 2.2). Administration DP also proposes the entire land as reservation for garden (G-18) (Fig. 2.3). But it is shocking to see that a large chunk of the garden reservation is converted into commercial use C1-3 (Fig. 2.4). This change has taken place by way of “Upasoochana”. Numerous such socially and environmentally detrimental changes have been made in the DP which is not acceptable since they do not follow the planning norms. We therefore recommend that all such changes made by “Upasoochanas” which adversely affect the planning norms should be reverted.

3. REVISIONS/CHANGES MADE TO 1987 DP:

While evaluating changes made in the DP and considering the suggestions and objections made by the public, it became necessary to consider the changes made in the original 1987 DP the following observations were made:

1. The ELU shows that developments inconsistent with 1987 DP have taken place. This indicates that either legal changes have been made U/S 37 in 1987 DP or the
development is illegal. In absence of the maps updated up to the latest modifications, it is not possible to determine the legal status of these changes. For example CPG-52
(Fig. 3.1) now re-designated as CPG-39 (Fig. 3.4) shows two residential developmentswithout being reflected in the list of Sec. 37 modifications in Statement 4-1 of the DDP (page 40). This contradiction remains unexplained in the DDP.

2. PS-54 in the 1987 DP (Fig. 3.1) has been reduced from 0.78 Ha. to 0.35 Ha. Through subsequent modifications and has been partly developed as Primary School (Fig. 3.2). In the DDP it has been completely re-designated as Commercial (C1-2) (Fig. 3.4). The so called rationale furnished for this, is “Upasoochana” given in General Body. If continued as shown in the PLU, this would result in further erosion of an important public amenity of Primary School which is not acceptable.

3. Existing green space in 1987 DP (Fig. 3.1) at S. No. 36 Erandawane, also shown green in the ELU (Fig. 3.2) now mysteriously shown as residential (Fig. 3.3 and 3.4).
Additionally some existing roads also have been converted into residential in the DDP.

Fig. 3.1: 1987 DP Fig.  

                        3.2: ELU Map prepared by PMC

Fig. 3.3: 2007 DP prepared by Admin.

   Fig. 3.4: Draft DP as published


Primary School
reservation
Road along
both
reservations
Access to
PS from
North

Children’s Play
Ground
Road along
both
reservations
Fig.3:
1987
DP

PS 54 as original
Access
Road from
S. No. 34

CPG 52 as
original

Continuous
between two
main roads
Fig. 4:
ELU
Partly shown as
Residential, partly as
Primary School and
partly shown without any
zoning.
Road
abutting PS
converted to
residential
plots.
Partly converted
to Residential
zone and partly
shown without
any zoning.
Continuous
between two
main roads
Fig. 5:
Admin.
DP
2007
before
Reso.
No. 588
Area under existing
school and area shown
without zoning now
shown as PS 39
No access
road on
North
Shown as CPG
41and extended
on residential
bldgs. Which
were part of CPG
52.
Continuity of
the road
broken by
new
reservation H
7.
Fig. 6:
Draft
DP
after
Reso.
No. 588
Entirely converted to
commercial reservation
C1-2 including area
under existing school.
Two roads now shown in
the Side margins of the
existing school to
provide access to the rear
part which is now
converted to commercial
No access
road on
North
Shown as CPG 39
extended on
residential bldgs.
Which were a part
of CPG 52.
Continuity of
the road
broken by
new
reservation H
7.
Final
Result
 Original Primary
School Reservation
completely deleted.
 Entire area under
Primary School
reservation converted
to residential and
commercial use.
 9 M road is proposed
along existing school
completely
jeopardising safety of
the students
Road
converted to
residential
plots.
 CPG reduced to
50% of original
area.
 Remaining 50%
area converted
to residential.
 Building
permissions
issued on area
under CPG.
Continuity of
a good link
road broken
apparently
for no
reason.

The net effect of all these changes is severe erosion of public amenities, green spaces and potential legalisation of illegal development. The example given here is a very
representative sample of hundreds if not more such dubious alterations that have been
made in the 1987 DP while preparing the 2007 DDP.

Therefore it is recommended that every such change (reservation or otherwise) made in the final 1987 DP should be listed with justification for the proposed changes

Similarly any discrepancy between 1987 DP (with modifications) and the ELU must be listed and explained. Under any circumstances, further attrition of open spaces and public amenities must not be allowed in the DP.

4. INCORRECT EXISTING LAND USE (ELU) MAPS:

Existing roads in the riverbed have not been shown accordingly in the ELU.
Canal from SNDT College to Prabhat Road is a road and no longer a water body, yet it is shown in blue as a water body in the ELU map.
Major features like the Rajaram Bridge are missing.
In ELU, area under roads is shown as 15.99% (table No. 7-9) and in the Draft DP it is shown as 13.66% (Statement 20-7) i.e. reduced by 2.33%. After widening of almost all roads, this is obviously incorrect. Either the ELU or PLU or both are wrong.
Similarly there is reduction in area under HTHS and water bodies from ELU to PLU. All such retrograde changes in ecologically sensitive features go against environmental and planning norms.
Many roads and locations of buildings have been erroneously shown in the ELU.
Roads shown in ELU and in PLU do not match with each other. (e. g. Range Hill Road junction with Ganeshkhind Road shown below in fig. 4.1 and 4.2).

All these points raise serious questions on the authenticity, legitimacy and dependability of the ELU. It is doubtful, whether the ELU was prepared after proper data collection and survey of the city? It would have been in the interest of the citizens if the ELU was published by the Planning Authority for the people prior to preparing the PLU for suggestions if any (like what was done by Mumbai Municipal Corporation).


Fig. 4.1: ELU- GANESHKHIND AND RANGE HILL ROAD JUNCTION


Fig. 4.2: PLU- GANESHKHIND AND RANGE HILL ROAD JUNCTION

In many cases locations of buildings in ELU and PLU do not match with each other. At numerous places existing buildings are not shown whereas at many places nonexistent buildings have been shown in the ELU. This will create serious problems as the buildings that may be affected by road widenings cannot be clearly determined.

In many instances reservations have been placed or continued where desired development has already been completed [e. g. Swapnashilpa Society already developed as C2 and shown as residential in ELU (Fig. 5.1) has been shown as reservation C2-3 in the PLU (Fig. 5.1)]. It also would be pertinent to note that a building that does not exist has been shown on S. No. 18 in ELU map (Fig. 5.1) whereas in PLU maps the building is not shown at all (Fig. 5.2).

Fig. 5.1: ELU of Swapnashilpa Society


Fig. 5.2: PLU of Swapnashilpa Society

It is quite likely that dozens if not more such mistakes have been made in the DDP. It is impossible for the Planning Committee to identify and rectify all these mistakes. Citizens also may not realise such mistakes as the plans made available to the citizens were of very low resolution and therefore illegible as stated above. This will certainly lead to numerous legal complications if these mistakes remain in the DP.

It is obvious that an incorrect ELU will result in equally or more incorrect PLU. We
therefore are of the opinion that the process should be reinitiated from the stage of ELU. As the DP is going to be the road map of Pune for next 20 years, it would be better to lose few months than to lose the direction itself.

5. WHY TWO (OR THREE) SEPARATE DPs FOR THE SAME CITY?

It is not made clear in the report, how the two plans for the same city (old Pune and 23 merged villages) complement each other. Not having an integrated view of the whole city while making the plan for the old city is a major issue.


As an example, this DP proposes a tunnel, a bridge and huge road widenings to provide connectivity between Sahakarnagar and Kothrud. It is surprising to note that same connectivity is already provided in the DP of 23 villages with a tunnel hardly 1.3 Km. away from the tunnel proposed in this DP. Proposing two tunnels only 1.3 Km. away from each other, providing same connectivity, that too at the cost of irreversible environmental damage clearly proves that there is no integrity in the planning process of the two DPs.

It is now decided that 34 more villages are to be added to PMC limits. Does it mean that there would be a third DP prepared independently for these villages? Such a fragmented and un-holistic approach while preparing the DPs for a metro like Pune would certainly result in more chaos and mismanagement. It is therefore advisable to have a single DP for Pune (old and new limits) including all possible mergers in next 20 years at least.

In order to deal with the pressures, more particularly from the infrastructure of the
Metropolitan area, as well as to manage resources from it, the need to integrate all the
individual Development Plans at the Metropolitan level is vital, and is mandated as per the 74thConstitutional Amendment Act [Section 243ZE(1) and (3)]. This is to be done by the Metropolitan Planning Committee (MPC). There has to be a MPC as the apex body to monitor the integration of all DPs/developments in PMC, PCMC and fringe areas etc.

PROCEDURAL AND TECHNICAL ASPECTS:

1. RESERVATIONS PROPOSED ON PRIVATE AND LAYOUT OPEN SPACES:
In the DDP many reservations have been incorrectly placed on private/sanctioned layout open spaces which need to be removed. However removal of such reservations may result in planning norms not being met for public amenities and/or open spaces. To balance this short fall of open spaces and public amenities it becomes imperative, not to convert any open spaces or public amenities shown 1987 DP into commercial or residential user. This is more crucial when densification by way of increased FSI is proposed in a particular zone or in the city as it would result in more demand of public amenities and open spaces.

2. DETAILING AT ROAD JUNCTIONS:
While studying the DDP maps it is seen at many major junctions like Paud Phata junction, University Circle etc. major roads, existing flyovers, HCMTR and elevated Metro etc. are crossing each other. It would be practically impossible to plan these transport corridors one above the other at the same location. Broad detailing of all such junctions needs to be worked out and necessary realignment should be done in the DDP at this stage itself.

3. HIGH CAPACITY MASS TRANSPORT ROAD:

The idea of the HCMTR was originally meant to ensure a dedicated right of way for public transport. The alignment of the HCMTR was specifically meant as a “ring road” thus providing connectivity to all parts of the city without going through the city centre.

The failure of the city to implement the HCMTR, the growth of the city beyond the
original alignment and various impediments (legal or otherwise) make its implementation impractical. However the need to provide dedicated right of way to public transport has become even more necessary. The idea of Bus Rapid Transit (BRT) can be considered a modern alternative to the idea of HCMTR. We therefore make the following
recommendations:

1. A city-wide BRTS network should be established that will meet the transport needs of the city which augments the currently proposed corridors.

2. It is quite possible that the alignment of the HCMTR as shown in the DP has become irrelevant and obsolete with respect to its original objectives. Hence we recommend that the feasibility of the entire HCMTR project needs to be re assessed through competent agency.

4. HILL TOPS HILLS SLOPES:

On some existing hill tops and hill slopes (HTHS), developments like parks are proposed. Some of the HTHS have been converted into residential zones. This is completely in contradiction with the Town planning norms that are required to be maintained, more particularly when such open spaces are practically missing in the core city. All these HTHS play crucial roles in the environmental and ecological balance of the city by:
Purification of polluted air
Allowing rain water to percolate to enrich depleting ground water table.
Provide natural habitat to various birds and animals
Maintain biodiversity etc.

Nature has endowed a surrounding of several natural hills and hillocks to Pune. These hills are offshoots of Western Ghats, a global Hot Spot of Biodiversity. They are blessed with myriad life forms. However, due to various anthropogenic as well as pressures, these hills are under tremendous distress. In order to protect the existing Biodiversity of hills, it is indeed important to conserve the hills.

There are total 12 different hills in Pune, out of which 3 are major hills. They are

1. Vetal hill complex- which includes Chaturshrungi, Law College, ARAI and MIT
Hills

2. Pachgaon Parvati hill complex- which includes Parvati, Hanuman tekdi (hill),
Waghjai and Taljai hills

3. NDA (National Defence Academy) hill complex- which includes NDA campus,
Chandni Chowk, Kothrud- Malwadi hills

The other hills are Katraj, Ganeshkhind, Fergusson College, Baner, Ramtekdi, Bibewadi- Kondhwa, Gultekdi, Yerwadeshwar and Dighi hills. It is imperative to maintain the HTHS of the above hills and their connectivity or corridor with the BDP of recently merged 23 villages in the PMC limit for easy migration of various faunal elements and to maintain the ecological integrity. In the DDP various developments such as Tunnels and HCMTR are proposed which are detrimental to this crucial aspect.

Environmental issues linked with proposed tunnels in DDP:

Vehicular emissions constitute a serious environmental concern particularly in confined spaces as tunnels. These emissions are characterized by the presence of various pollutants, which cause adverse effects and consequences on the existing biota in and around the hills. Tunnel air temperature is another factor which is significant environmental issue especially in long tunnels due to vehicular heat emission. Tunnel users may be subjected to unacceptable air quality inside the tunnel. Tunnel emissions affect the air quality near the points where emissions are dispersed. Other important environmental issues are noise pollution and vibrations. High volumes of vehicles generate large noise levels, which is above permissible limits. The tunnels affect the underground hydrological pattern of surrounding area by disturbing underground aquifers. The tunnels are proposed in the biodiversity rich natural heritage which also acts as important ground water recharge zone.
Further this will affect the habitat for the critically endangered Jartropha nana (Nana
Erand), a plant species which is strictly endemic to the Pachgaon Parvati and Vetal Hills where the tunnels are proposed. Considering all this it is indeed essential to delete these tunnels proposed through the hills.

Under no circumstances development should be allowed by any means on HTHS. All these precious lands must be kept open and virgin. If required all these HTHS should be reserved keeping in mind that these are the lands with no construction and commercial potential. No roads of any kind to be developed on hill top and hill slopes or river bed

5. PROVISIONS FOR LIG/SRA/SI PROJECTS:

As stated in the ELU, slums occupy 3% of the area of the city. Area allocation for EWS and Slum Improvement projects is barely increased in the DP. The provisions do not match with the stated vision of ensuring affordable housing to make the city slum free. Only 490 hectares is allocated for EWS/SI, yet it is stated in the housing plan (Table 10-10) that the need for 560 hectares for EWS and 450 hectares for Low Income Group (LIG), no provision has been made for this. The 20% EWS/LIG housing from 2000 Sq. M. residential schemes (rule 11.1.3) is unlikely to meet even 10% of the need.

The Housing study estimates only 2500 hectares as the need for MIG and HIG housing (even with the overestimated population), the existing area under MIG and HIG housing is already 3000 Ha. (3400 Ha. assuming 50% of the Mixed Land Use is residential), yet this has been increased to 4700 hectares. Clearly the focus has been on creating new residential areas for the richer section of society, instead of addressing the housing needs of the poor.

Furthermore a density of 550 tenements/Ha. for EWS housing would result in almost 3000 persons/Ha. (Table 10-1 average size of slum household is 5.4), which is unacceptably high and will result in multi-storeyed slum-like conditions. It is not at all desirable that 40% of the city’s population lives in such pathetic conditions. It should be noted that the 1987 Development Plan in fact says, (Section 6.2.6) “It has been proposed to thin out the slums in which the population exceeds the density of 300 tenements/Ha”.

We therefore recommend that, at least 650 Ha. should be allocated for EWS. Also the 450 Ha. estimated for LIG should also be clearly earmarked in the plan. Overall about 600 Ha. of land allocated for residential use should be remarked to meet this critical demand. No EWS/LIG reservation should be deleted from the DP.

6. PLANNING NORMS AND GUIDELINES

Planning norms and guidelines are the essence of any DP. The norms should reflect the vision of the plan, should be clearly stated and the PLU must reflect how the norms are being met. The corresponding UDPFI and NBC norms need to be mentioned. The table below, based on analysis of areas under various reservations [SEC-26-FINAL GAZETTE], shows that many of the norms have not been met.

Reservation
Categories
Current
Allocation
Norms as per Annexure E
type
included
Allocation
required as



in DDP
per norms



HA
HA

Playgrounds
CPG, PG,
137
477
0.4 Ha per 1000 population, 0.1 Ha

G&PG,


per 1000 population in congested

MPG,


area (60% need assumed to be

PS&CPG,


fulfilled by Hilltop)

HS&PG



Parks and
PK, G, NG
378
248
0.2 Ha/1000 population,
Gardens



0.1Ha/1000 population in congested




area (60% need assumed to be




fulfilled by Hilltop)





Bus
BST,
5
13
1 per 1 lakh population, each 4000
Terminus
BST&TP


sq m





Bus Depot
PMPML
20
13
1 depot per 5 lakh population, each




2 hectare





Police
PSTN, PC
3
37
1 per 90000 population, each 1.5 ha
Station









Civic and
CCC,
35
34
1 per 1 lakh population, each 1ha
Cultural
CC&WT,



Centre
AQRM,




AQSC,




KLGM,




MU&AG,




SCP, YGC,




FC



Post Office
PO
1
2
1 per 15000 population, each 85 sq




m





Primary
PS, PS&CPG
28
118
1 per 500 students, each school 0.4
Schools



ha*#





Secondary
HS, HS&PG
29
216
1 per 1000 students, each school 1.6
Schools



ha*#





Dispensary
D
1
7
1 per 25000 population, each 1000




sq m*





Maternity
MH,D&MH
4
13
1 per 25000 population, each 2000
Homes



sq m*






* - assumed that only 50% of population will be catered to by the PMC
# - student population from the Socio-Economic Survey

It is also noted that the land allocation for various uses in Sector I is less than the norms.

Sector I Planned Land Use
Current Allocation in DDP
Allocation required as

HA
per norms HA



Grounds and playgrounds
4
20



Parks and Gardens
2
20



Bus Terminus
0.0
2.0



Police Stations
0.1
5.6



Civic and cultural Centre
0.1
5.0




Post Office
0.1
0.3



Dispensaries
0.1
1.0



Maternity Homes
0.4
2.0



Hospitals
0.1
1.0



Bus Depot
0.2
2.0



Total (not including PS and
7.3
59.0
HS)






The space for playgrounds, parks and gardens does not even meet the highly reduced standard of 0.04 Ha (40% of 0.1 Ha) per 1000 persons.

We recommend that it is essential that all planning norms should be met in the DP. Lands allocated for such public open spaces and amenities in the 1987 DP should not be de-reserved.

In this context it would be pertinent to recommend that all Agricultural lands which have

been shown as residential zones should be developed under T.P Schemes for faster and better implementation and also to maintain the standards norms.

7. 4 FSI FOR METRO:

With the intention of Transport Oriented Development (TOD), 4 FSI is proposed in the DDP up to 500 M. on each side of Metro corridor.

a)    The statement that the Metro alignment is “tentative” is problematic since any change in alignment at a later stage would lead to a shift of the Metro Influence Zone and the permissible 4.0 FSI. Additionally lands required for Metro stations would also change location. Any grant of extra FSI in the Metro Influence Zone would be subject to legal complications in case the Metro alignment is changed. The Development Plan published must therefore have finality with respect to all major components. The following, “NOTE: - METRO ALIGNMENT SHOWN IN THIS MAP IS INDICATIVE AND MAY CHANGE AND MAY CHANGE AS PER THE SITE CONDITION” must be deleted from DDP.

b)    This additional FSI is going to result in more densification in particular part of the city, which would lead to far more burden on the infrastructure in that area due to:

      More generation of waste,

      More generation of sewage,

      Greater need for water,

c)    Need for more amenity spaces (police stations, fire brigades, burial grounds, schools, hospitals, markets etc.)

d)    Need for green/open spaces

e)    Additional requirement of energy due to high rise buildings etc.

Means to tackle with this additional burden on the existing infrastructure has to be

addressed in detail.

c)    As this additional FSI is primarily to encourage TOD, use of private vehicles must be discouraged and public transport and NMT needs to be facilitated by reducing public and private parking spaces, through imposition of maximum parking allowed in building bye-laws and reducing public parking spaces. The DCRs need to be modified accordingly for the Metro Influence Zone.

d)    Consumption of 4 FSI would not be possible on existing plots as they are too small to construct high rise buildings with specified side margins. This will create pressure for amalgamation of smaller plots to create larger plots. This situation may result in forcible acquisition/grabbing of smaller plots by land mafias.

e)    It is equally pertinent to mention here that the suggestions and objections on Metro project were separately invited and heard, though Metro is a major component introduced in this DP. It would have been rational if the hearings to the suggestion-objections on Metro were under the scope of this Planning Committee.

STUDIES NOT PERFORMED:

It is necessary to mention that following essential studies were not done properly:

1.    SOLID WASTE MANAGEMENT: (Collection, Processing, Transportation & Treatment):

This is one of the biggest problems that the city is currently facing. Preparation of this DDP was an excellent opportunity to tackle this serious health crisis. It was necessary to study the waste generation data, spaces required for segregation and the final treatment and then envisage the future techniques and management including minimising waste generation, its segregation at source, transportation, processing and treatment of various types of solid wastes like biodegradable waste, plastic waste, paper waste, glass waste, metal waste, toxic waste etc. Accordingly spaces at right locations should have been allocated and reserved only for waste processing and different types of waste treatments.


This is more important when higher densification is proposed. The Development Plan proposes higher FSI which will result in far more densification of population in that particular area. This will result in more generation of garbage making the crisis far more severe than what it is today. Unfortunately enough attention is not paid to this issue which is directly related to the health of the city.

With respect to the proper disposal of animal carcasses, no consideration is given in the DP to the required space allocation.

Reserving some pieces of land merely for Municipal Purpose (MP) is not going to be enough. We need to quantify, identify and dedicate required lands for this purpose only; to avoid serious health concerns in the future.

It would be appropriate to highlight in this report that due to increase in the buildable potential of lands by way of increase in FSI and/or TDR, more and more people will be attracted to redevelop their old properties. In this possible spree of demolition, mammoth quantities of construction debris shall be generated. If the issue of proper disposal of this debris is not addressed in this DP, there will be very serious problem resulting in environmental damage and degradation.

2. TRAFFIC AND TRANSPORTATION:

The DDP does not contain a road network map showing hierarchy of roads. This has resulted in illogical and arbitrary widening and planning of roads. The correlation between proposed land use and the category of road is absent. Providing multiple junctions on main arterial roads at very close distances will defeat the basic purpose of facilitating smooth flow of traffic. Similarly allowing uses like Mangal Karyalayas, Theatres and Malls etc. that attract crowds should not be allowed on main arterial roads as they create impediments in the flow of traffic.

The public transport and Non Motorised Transport (NMT) network should have been similarly superimposed on the road network.

Commuter densities, on the road network also have not been worked out.

In many cases tunnels, flyovers, road widenings etc. have been proposed without any reference to road hierarchy/network and will certainly lead to congestion points and worsening of traffic woes.

The overall thrust of the DDP with rampant road widenings, flyovers, elevated roads, tunnels, roads on riverbeds and on hills appears to be in total contradiction to the vision


and goals set in the Comprehensive Mobility Plan for Pune which envisions emphasis on public transport, NMT and discouraging use of personal vehicles which is also as per the National Urban Transport Policy.

In fact, in chapter No. 6.1 of the Comprehensive Mobility Plan (CMP) it is mentioned, “A travel Demand model for Pune has been calibrated for evaluating existing travel conditions and forecasting future travel demand. The model analyzes the present and future land use patterns to estimate the origins and destinations of trips. It then assigns these trips to different travel routes and travel modes based on the type and quality of the transportation network. Travel Demand models can be used for testing different scenarios without actually implementing projects.” Further it is stated, “Several software programs are available for developing travel demand models. The Pune transport model has been developed using CUBE (a state-of-the-art Travel Demand Modelling software).”

We therefore direct that no tunnel, bridge, flyover and major road should be planned, proposed and constructed without study of the current and future traffic through such latest modelling technique.

3.    SOCIAL AND ENVIRONMENTAL IMPACT OF ROAD WIDENINGS AND NEW ROADS:

The net outcome of the rampant road widenings proposed in the fully built-up part of the city in terms of demolitions and the resulting economic and social impact will be extremely unaffordable in all aspects and practically impossible to implement as has been the experience in the 1987 DP.

Total number of people and businesses to be displaced due to proposed road widenings has not been worked out. Therefore it is not possible to work out the provisions required for resettlement plans and its costs.

The proposed road widenings will also erode the green cover of the city. Many rare heritage trees will be the casualty of this so called development e.g.

      Mammea suriga (Surangi) near Hotel Good Luck, FC Road, the only tree of the species in Pune.

      Adansonia digitata (Gorakh Chinch) at the junction of Tilak Road and Bajirao Road and also on Ghole Road.

      Salix tetrasperma (Walunj) in the riverbed at the junction of Karve Road and Chavan Bridge, the only tree of the species in Pune.


All such rare heritage trees (totalling to around 25) must be protected from the developmental tsunami. It is also equally vital to protect the existing biodiversity in the shelter of trees e.g. a colony of Flying Fox bats at Mrityunjay Temple along Karve Road.

Furthermore it is proved all over the world that more roads road widenings is not the only solution to the traffic woes. What is more essential is to provide efficient and dependable Public Transport system resulting in reduction of number of private vehicles and more disciplined traffic.

4. RIVERS AND FLOOD LINES ALONG RIVERS:

Pune is hardly few Km. downstream of 6 major dams (Khadakwasla, Panshet, Warasgaon, Temghar, Pawana and Mulshi). Khadakwasla, the nearest dam has maximum discharge capacity of 1,28,899 CuSecs. Thereafter minimum 25,000 CuSecs. are added in this flow by minor streams in free catchment area. To be realistic Pune is a “Flood Prone” city and it has been proved many times in the recent past.

The State Government of Maharashtra in its Circular No.: FDW-1089/243/89/Sin Vya (Work) Mantralaya, Dated 21/9/1989 has clearly mentioned about “Prohibitive Zone” and “Restrictive Zone” along all rivers. These zones are marked by “Blue Line” and “Red Line” respectively.

It would be significant to note in this context that while preparing the DP of 23 villages, as flood lines were not marked on the maps, riverside lands which actually submerge during floods are shown as “Residential Zones”. Many buildings have been constructed on these submersible lands with permissions issued by PMC. Today; people staying in these buildings are at an eternal risk of floods for no fault of them. It is mandatory to mark flood lines on the DP maps and identify the riverside lands as Prohibitive and Restrictive Zones as directed in the circular.

The DDP Report at page No. 307 says:

“14. River Regulatory Zone (RRZ) (i.e. Blue line & Red line) will marked on DP, after the maps are received from the irrigation department.

15. An encroachment in the submersible green belts of rivers and nallas is the main cause of this huge risk of flooding and they have to be removed immediately. Additionally, de-silting must be done periodically.


16. No development in the river beds is allowed. Only users such as circus volleyball and basketball courts etc have been made permissible without only type of permanent construction”

Water Resources Department has surveyed the riverbeds to identify the Blue and Red flood lines in Pune. Maps of these flood lines were given by Water Resources Dept. to PMC way back on 05/03/2011 vide their letter No. KID/Admin.1/1527/2011. In spite of repeated demands from Planning Committee members, flood lines are not marked on the DP maps. This is very serious issue affecting the safety of innocent citizens of a city which has already experienced a major devastation due to a dam break hardly 54 years ago.

It is our responsibility to point out that the DP maps are “incomplete” without flood

lines marked on it as directed/specified by Water Resources Department. It is a criminal negligence to avoid marking flood lines in the DP maps of a flood prone city like Pune. That too when the flood lines are already identified by Water Resources Dept.

The DDP shows 30 M. wide roads proposed on the riverbeds. Constructing such roads (even though elevated on pillars) would certainly result in drastic reduction in carrying capacities of the rivers, leading to more frequent and severe floods as well as complete destruction of biodiversity rich Riparian Zones. These riparian zones act as feeding, breeding and hiding places for numerous varieties of amphibians and waterfowls. Any construction whether private or public will certainly facilitate more human encroachments and invasive plants which would be an additional burden on the riparian ecosystem.

It also would be pertinent to note that the rivers in Pune flow West-East and the riverbeds are the major corridors supplying fresh air from Westerly hills to the entire city. If any roads are constructed in the riverbeds to shift the traffic on the riverbeds, it will disperse the air pollution into much larger areas of the city and water bodies too.

It is crucial to mention that there are approximately 37 minor and major tributaries (nallas) of the rivers. Most of these tributaries are severely encroached upon by human encroachments and soil capping. This has resulted in more frequent and severe flash floods. Removal of all such encroachments and maintaining uniform green belt along all water bodies is extremely vital as these are the major ground water recharge zones.

All these riverbed roads inside flood lines and all such encroachments on the riverbeds and its tributaries proposed in the DDP must be omitted expressly under any circumstances.



5. WATER SUPPLY:

It is a well-known fact that availability of any natural resource is always limited and we need to plan our growth accordingly. This fact appears to be overlooked with respect to “Water”. In metros the maximum allowable water requirement is 150 LPD. As on today, Pune is lifting about 329 Lt./Person/Day (LPD) water from Khadakwasla Dam. In addition to this, ground water is also extracted in huge quantities. This fact visibly highlights:

      Excessive water is being lifted from the sources,

      Massive leakages in the water supply system,

      Over consumption of water,

      Mismanagement of with respect to water demand and supply etc.

This issue has not been sufficiently addressed in the DDP. The availability of water has not been worked out in order to determine a ceiling to the maximum sustainable population of the city. There is not enough focus on reduction of water consumption by way of Water Demand Management. Inputs from the Water Resources Dept. and other concerned departments and organizations are absent in the DDP.

6. GROUND WATER:

It is experienced in last few years that the ground water table in the city is not only depleting but it is getting heavily polluted and unusable for drinking. This has happened mainly because of unrestrained soil capping and leakages from sewage pipes entering into water supply system. Uncontrolled soil capping has resulted in increased surface run-offs, leading to flash floods in rainy season. While preparing the DP it was essential to survey the underground aquifers from a competent agency and to identify the areas from where ground water is recharged. These areas should be identified, notified and marked as

“Ground Water Recharge Zones” and must be protected from soil capping, sewage leakages, soil pollution etc, by appropriate building control rules, especially for basements. Similarly there are zones where water does not percolate into the ground. Therefore there is no point in encouraging/forcing rain water harvesting systems while issuing the building permissions. Instead of this it would be more useful and effective if “Community Based Rain Water Harvesting Systems” are encouraged at right locations. Sufficient focus has not been given by the Planning Authority in this direction.

In order to enable percolation of storm water into the ground to recharge the ground water table while enjoying the convenience of concretized surfaces, we recommend the use of


HPCC (High Performance Pervious Concrete) for construction of roads, parking lots, side margins, pavements etc.

With respect to the private swimming pools, the water is sourced either from municipal supply or from ground water sources. Either way; such swimming pools create heavy burden on natural resources which is a public property. We therefore recommend:

      Construction of private swimming pools needs to be discouraged.

      Heavy development charges should be levied while allowing the construction of such pools.

      The foot print of the swimming pools and allied structures should be included in FSI.

      Heavy annual cess should be levied on all private swimming pools in proportion to their volumetric capacity.

      The water being used in the pools should be compulsorily recycled at regular intervals to minimise intake of fresh water.

The following activities are important in ensuring sustainable management of ground water

resources in the context of Pune’s water security:

1.    Identifying status of existing groundwater resources through participatory mechanisms, focusing mainly on “sources”. An exercise involving citizens, educational institutions like colleges and urban utilities should be undertaken. If required, industry and other such stakeholders maybe even invited to invest their CSR funds into a public-private-partnership effort on “aquifer mapping and groundwater management”.

2.    Assessment of the groundwater resources through a participatory “aquifer mapping” approach coupled with systematic studies by institutions with appropriate capacities should be specifically undertaken. This exercise should include the identification of natural recharge areas, groundwater discharging zones such as springs and seeps and quantification of aquifer characteristics, namely transmissivities, storativities and groundwater quality. Such Groundwater Profiling should be initiated across Pune city.

3.    Profiling stakeholders, including users, tanker operators, drilling agencies and developing mechanisms for registering water sources could be undertaken as part of the database on Pune’s water resources (apart from the scientific data emerging from “2” above.)
  1. It is only after the first three steps that mainstreaming - at least part of the private groundwater sourcing into the public water supply system – be considered. As an order of progression, ascertaining quantitative and quality-related groundwater security must form part of the Pune’s water Security Plans. This must also include appropriate approaches, through a public programme, to groundwater recharge which is allied to the protection, conservation and upkeep of water bodies
  2.  In-situ waste-disposal of any kind should be avoided at certain places keeping in mind the connection of such sites with key aquifers. In other words, ground water must be considered during waste-disposal, sewage and sullage management and design of sewerage and sewage-treatment
  3. Developing a framework of regulatory norms around Groundwater Use and protection of aquifers by preserving natural recharge areas becomes important provided the above steps are carefully initiated. Similarly, it is also important to acknowledge and understand changes in river flows and quality and the precise relationship between aquifers, aquifer systems and the river flowing through city.
  4. Finally, developing an institutional structure required for mapping the aquifers, and initiating groundwater management through collaboration between various types of stake holder institutions must be included as an integral part of Governance.
7. SEWAGE TREATMENT:
Some of the country’s most polluted rivers are flowing through the city. This is mainly because of excessive sewage generation and highly inefficient and incomplete sewage treatment. Industrial effluent and untreated domestic sewage in large quantities is discharged directly into the rivers and the rivers are no more rivers but they have become “Sewage Canals”.
It was vital to provide special focus on this issue, especially with respect to presently required sewage treatment capacity, sewage generation and treatment capacity for projected population, spaces required at different locations for installation of new sewage treatment plants and also to minimise sewage generation etc. Unfortunately this issue has not received the importance it deserves in the DDP. Not a single reservation for an STP is found in the DDP, despite being claimed, “New sites have been reserved for Sewage works in the draft Development Plan.” at Section 20.3.5 at page 346. This certainly will result in further degradation of rivers and injustice to the people living on downstream side of Pune.
INORGANIC PLANNING:
It would be significant to mention in this report that in Sangamwadi area a very different road pattern is observed like a sanctioned layout (Fig. 6). It is obvious that such pre-determined land use pattern is created and planted in the DP in the interest of some private organisation. This issue needs to be examined and investigated up to its roots.



Fig. 6: ROAD PATTERN PROPOSED AT SANGAMWADI

We therefore recommend that all such virgin agricultural lands should be developed as Town Planning Schemes for faster and effective implementation.

OTHER POINTS:

PRIORITISATION OF AMBITIOUS PROJECTS PROPOSED:

There are many ambitious and capital intensive projects like Metro Rail, BRTS, HCMTR and Mono Rail proposed/declared in Pune. Ultimately the citizens will have to bear at least the major financial burden of these projects. It would be prudent to decide the chronological priority of all these projects and fine tune it with cash flows projected in future, so that these infrastructural projects would be completed as per decided time frame.

RESERVATIONS TO BE REVERTED TO BUILDABLE STATUS DUE TO
CANCELLATION OF ROAD WIDENING IN SECTOR I:

Many small properties in Sector I were converted into practically unbuildable plots as very large frontages of these properties were getting affected by massive road widenings proposed in the DDP. Therefore many such properties have been reserved in the Draft DP for parking etc. particularly on major roads like Lakshmi Road and Tilak Road.

As all road widths in Sector I need to be retained as per 1987 DP as a policy decision, suchproperties do not become unbuildable. As the area of such properties, even after cancelling the road widenings is so small that it cannot be used as a sizable parking lot. We therefore recommend that the respective reservations should be deleted and the zones of all such properties should be shown as per the zone of the surrounding properties.

TREE COVER POLICY FOR PLANTATION UNDER DCR:

The urban flora of Pune city is much diverse which represents both indigenous as well as exotic species. However, exotic species are in dominance which rarely supports the native biodiversity. On the contrary local native species of plants support the biodiversity in more sustainable manner. Considering this it is recommended that local species should be encouraged in plantation programmes under DCR. List of such native plant species need to be planted for getting sanction of Building Permission/Commencement Certificate (DCR Regulation No. 6.7.1) or for Eco-housing project is mentioned below.

Sr.
Botanical Name
Vernacular Name
Family
No.



1
Acacia catechu
Khair
Mimosaceae




2
Acacia leucophloea
Hivar
Mimosaceae




3
Acacia nilotica
Babhul
Mimosaceae




4
Acacia polycantha
Pandhari Babhul, Son-
Mimosaceae


babhul

5
Aegle marmelos
Bel
Rutaceae




6
Albizia lebbeck
Shirish
Mimosaceae




7
Albizia procera
Kinai
Mimosaceae




8
Anogeissus latifolia
Dhavda
Combretaceae




9
Azadirachta indica
Kadunimb
Meliaceae




10
Bauhinia racemosa
Aapta
Caesalpiniaceae




11
Bombax ceiba
Kate Sawar
Bombacaceae




12
Boswellia serrata
Salai Dhup
Burseraceae




13
Bridelia retusa
Asana
Euphorbiaceae




14
Buchnania cochinchinensis
Char, Charoli
Anacardiaceae




15
Butea monosperma
Palas
Fabaceae




16
Capparis grandis
Pachunda
Capparaceae




17
Cassia fistula
Bahava, Amaltas
Caesalpiniaceae




18
Cochlospermum religiosum
Ganer, Son-sawar
Cochlospermaceae




19
Cordia macleodii
Dahivan
Boraginaceae




20
Cordia myxa
Bhokar
Boraginaceae




21
Dalbergia lanceolaria
Phanashi
Fabaceae




22
Dalbergia latifolia
Shisham
Fabaceae




23
Dichrostachys cinerea
Durangi babhul
Mimosaceae




24
Diospyros melanoxylon
Tembhurni
Ebenaceae




25
Dolichandrone falcata
Medshingi
Bignoniaceae




26
Erythrina suberosa
Buch Pangara
Fabaceae




27
Ficus benghalensis
Vad
Moraceae




28
Ficus racemosa
Umbar
Moraceae



29
Ficus religiosa
Pimpal
Moraceae




30
Gardenia enneandra
Dikemali
Rubiaceae




31
Garuga pinnata
Kakad
Burseraceae




32
Gmelina arborea
Shivan
Lamiaceae




33
Grewia tiliifolia
Dhaman
Tiliaceae




34
Haldinia cordifolia
Haladu
Rubiaceae




35
Heterophragma quadriloculare
Waras
Bignoniaceae




36
Holoptelea integrifolia
Vavla
Ulmaceae




37
Lagerstroemia parviflora
Chota Bondara
Lythraceae




38
Lannea coromandelica
Bhavat, Moya, Shimati
Anacardiaceae




39
Limonia acidissima
Kavath
Rutaceae




40
Madhuca indica var. latifolia
Moh
Sapotaceae




41
Mangifera indica
Aamba
Anacardiaceae




42
Miliusa tomentosa
Hoomb
Annonaceae




43
Mitragyna parviflora
Kalamb
Rubiaceae




44
Nyctanthes arbor-tristis
Parijatak
Oleaceae




45
Ougeinia oojeinensis
Kala Palas
Fabaceae




46
Phoenix sylvestris
Shindi
Arecaceae




47
Phyllanthus emblica
Aawala
Euphorbiaceae




48
Pongamia pinnata
Karanj
Fabaceae




49
Pterocarpus marsupium
Bija
Fabaceae




50
Radermachera xylocarpa
Khadshingi
Bignoniaceae




51
Santalum album
Chandan
Santalaceae




52
Schleichera oleosa
Kusum, Koshimb
Sapindaceae




53
Schrebera sweitenioides
Mokha
Oleaceae




54
Semecarpus anacardium
Bibba
Anacardiaceae




55
Sterculia urens
Kahandal
Sterculiaceae




56
Stereospermum suaveolans
Padal
Bignoniaceae




57
Syzygium cumini
Lendi Jambhul
Myrtaceae




58
Tectona grandis
Sag
Lamiaceae




59
Terminalia bellirica
Behda
Combretaceae




60
Terminalia elliptica
Ain
Combretaceae




61
Trema orientalis
Ghol
Ulmaceae




62
Ziziphus jujuba
Bor
Rhamnaceae




63
Ziziphus xylopyrus
Ghot-bor
Rhamnaceae

CONCLUDING STATEMENT


To conclude, there are numerous procedural and technical lacunae in this Draft Development Plan like:

a)    Readable maps not published for citizens,

b)   Lack of coherence, clarity and transparency,

c)   Numerous serious errors in ELU maps,
d)   Failure to meet statutory planning norms,
e)   Flood lines not shown along the rivers,
f)    Studies required for Traffic and Transportation, Solid Waste Management, Water Supply and Water Demand Management, Sewage Generation and Treatment, Ground Water Resources etc. are not done and/or reflected in the DP,
g)   No required focus on conserving Biodiversity on hills and rivers,
h)   Encouragement should be given for plantation of native plant species,
i)     Complete lack of integration with the DP prepared for 23 villages.
All these deficiencies in this DDP will lead to chaotic and unsustainable development of Pune for the next 20 years. We are of the opinion that in the interest of the city, citizens and the environment the DDP needs to be revised. We therefore make the following recommendations:
1.          The ELU needs to be corrected after detailed on site surveys and data collection,
2.          The base map for the ELU and PLU must be identical,
3.          All relevant missing studies for traffic and transportation, ground and surface water resources, river hydrology, solid waste, energy conservation etc. need to be conducted and duly incorporated in the DP,
4.          We also recommend that while doing this, various experts from the city should be actively involved as there is no dearth of experts in the city.
5.          All transport proposals in the DP should be strictly based on the Comprehensive Mobility Plan
6.          The PMC should ensure detailed consultations and vetting of all proposals with concerned authorities and departments such as Forest, Water Resources, Police, Defence, RTO and Archaeological Dept. etc.

In short as stated earlier, the Development Plan of the city should be, “of the people, for the people, by the people” to make the city safe, healthy, sustainable and beautiful.
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