<b>Urban authorities term new rules 'illegal'

Urban authorities term new rules 'illegal' Thursday, April 26, 2001

AHMEDABAD: While the state government is poised to clear the development plan for Ahmedabad and Surat, the Gujarat Urban Development Authorities Association (GUDAA) has questioned the legitimacy of the post-quake Development Control Regulations announced by the government, on the grounds that it violated the Gujarat Town Planning and Urban Development Act 1976, which governed the authorities.

A 'workshop' of the officials of the six municipal corporations and seven urban development authorities held on April 12, a fortnight after the state government declared the DCRs for structural safety, raised several objections to the DCRs which was drafted with specific compliance measures directed against natural hazards especially seismic compliance.

A copy of the proceedings of the GUDAA meeting made available to TOI not only criticises the provisions of the DCRs declared on March 27, calling them at times, "unreasonable" and times "repetitive", but also state that the government had not conducted the necessary procedures for drafting such rules as directed in rule 19(1) of the Town Planning Act "and hence it would be inappropriate and illegal to implement these rules at this point of time", GUDAA concluded.

Sources in the Urban Development department say that Ahmedabad Urban Development Authority (AUDA) chairman Surendra Patel, in a letter to urban development minister Parmanand Khattar dated April 16, 2001, sought clarifications on the points raised, at the earliest.

But, when asked, Patel declined to comment on the letter saying, "it is confidential and not for the public". Asked who all were present at the meeting of the urban local bodies, he said, "only a few officers were present".

Further, GUDAA has sought clarifications on several aspects, regarding issues about sharing of responsibilities and credentials of the persons slated as 'experts' in the DCRs for structural safety. The general feeling at the meeting, according to an official, "was that the government had shirked off all responsibility in the new DCRs and was not even willing to equip us with the required staff for its implementation".

Without mincing any words, the GUDAA members have suggested that the government take up a part of the responsibility of ensuring the compliance of these DCRs. For instance, it notes that structural design, soil testing, quality control and such aspects do not come under the jurisdiction of the urban local bodies as per the town planning act, "and hence the state government form a special cell which could ensure the regulation of the these tests".

Further, they have pointed out that since, ensuring structural safety required a constant scrutiny, the government take up this task because the urban local bodies were not equipped for it, staffwise.

"It is not clear as to what action should be taken, and on who should the responsibility be affixed, if at any point, a deficiency is noticed in the building", GUDAA members pointed out. Some of the issues raised at the workshop were: If there is a difference of opinion among the experts, structural engineers etc whose opinion should be upheld? And if determined that the designated experts have failed in their duty, what action should be taken?

They have also demanded that the definition of an 'unsafe' building be made clear and since the urban local bodies were ill-equipped in finances, the state government should do something about the staff strength, in order to help gauge the exact responsibility of the urban bodies.

When contacted, Khattar denied that the document published by the state government in a hurry to overcome the post-quake agitation, "was illegal". "Everything is being worked out with the experts", he told TOI, but did not hint at any amendments being made in the DCRs after the consultations.

This site is dedicated to our friend Younus M, who passed away on 28th Sept 00, and left on us an indelible memories ! - Team GujaratPlus.com

[P] Privacy Policy | © Copyright 2000-2006 | Designed & Hosted by eZee Web Solutions