Continue anti encroachment drive in Mysore City

  • by: Syed Tanveeruddin
  • recipient: MoUD, Guv, CM, DC Mysore, MCC / MUDA / Police Commissioners

Last Update: Fri, Oct 30, 2009 @ 07:00 hours Indian Std. Time
Press Note - FAQ on demolitions in Mysore
http://o3.indiatimes.com/mytimes/archive/2009/10/28/4982262.aspx#4982678
Illegal structures on six roads brought down
The Hindu, Mon, Oct 26, 09
http://www.hindu.com/2009/10/26/stories/2009102657450300.htm
Razed: Illegal signboards being brought down by civic authorities in Mysore on Sun, Oct 25, 2009. - The Hindu, Sun, Oct 25, 2009
Illegal structures that had encroached pavements / footpaths, illegal hoardings pulled / brought down on six roads in Mysore City
The six roads were cordoned off and all mobile transmission towers jammed
Corporation meeting dissolves into chaos The Hindu, Tue, Oct 27, 2009
http://www.hindu.com/2009/10/27/stories/2009102754970300.htm
Demanding action: Mayor Purushottam mobbed / besieged / gheraoed by councillors at the emergency council meeting of the Mysore City Corporation on Monday, Oct 26, 2009. The dignity of the council's been marred by this misbehaviour. - The Hindu, Tue, Oct 27, 2009
Demanding action: Mayor Purushottam mobbed / besieged / gheraoed by councillors at the emergency council meeting of the Mysore City Corporation on Monday, Oct 26, 2009. The dignity of the council's been marred by this misbehaviour.- The Hindu, Tue, Oct 27, 2009

The local authorities launched a demolition drive to clear encroachments and illegal hoardings in the main commercial avenues of the city on Sunday, Oct 25, 2009.

The operation, which took six months of planning, was launched at 6.30 a.m. by the Mysore City Corporation (MCC) in conjunction with the Mysore Urban Development Authority (MUDA), district administration, the city police.

Main avenues of the city - D. Devaraj Urs Road, Sayyaji Rao Road, Irwin Road, Ashoka Road, Vinobha Road and Aane Sarut Road - were cordoned off and all mobile phone transmission towers jammed to prevent any unlawful assembly of people.

About 550 structures that had been built in violation of the law were affected by the drive - 220 structures on D. Devaraj Urs Road, 17 structures on Ashoka Road, 70 on Vinobha Road, 54 on Irwin Road, 49 on Sayyaji Rao Road and 49 structures on Aane Sarut Road.

Teams

In all, 27 teams were constituted for carrying out the drive that went on till noon. While 22 teams were active five were kept on standby. The encroachment of pavements and tendency to put up hoardings and signboards protruding beyond the building line was/is rampant in Mysore.

In all, 18 main roads of the city were identified where such problem persisted, but given the scale of the operation and manpower that would be required to crackdown simultaneously at all places, it was decided to take up the demolition drive in a phased manner.

The Sunday morning operation was the first phase of the drive. More such drives would be taken up every month to clear encroachments on 12 more commercial avenues in the city, according to the MCC Commissioner.

"We are sending out a strong signal to the public that the rule of the law will be upheld, and it will be prudent if people themselves identify and remove structures built in violation of the law as loss of property and the cost to the Government will be minimal," according to MUDA Chairman P. Manivannan who is also the Deputy Commissioner of the district.

The six roads were accorded priority as they were used by a large number of people, including tourists, every day, he said. The operation was planned for six months and a detailed map, complete with photographs of structures that had come up in violation of the law, was prepared.

In all, 280 gangmen from the corporation, about 200 gangmen from the MUDA, 27 gazetted officers, and two base officers, among others, were part of the team that carried out the drive.

Commissioner of Police Sunil Agarwal said that over 400 police personnel, including six platoons of the Karnataka State Reserve Police and eight platoons of the City Armed Reserve, were deployed during the drive along with the regular police personnel headed by three deputy commissioners of police or DCPs, eight assistant commissioners of police or ACPs, eight inspectors and 32 sub-inspectors or SIs.

Taken into custody

The objective of having such a large pose of police was to create deterrence by show of strength, said Mr. Sunil Agarwal.

Three persons were taken into preventive custody on the Devaraj Urs Road when they threatened to instigate the public to prevent the drive.

Councillors oppose demolition drive The Hindu, Mon, Oct 26, 2009
http://www.hindu.com/2009/10/26/stories/2009102657480300.htm

MYSORE: Mysore City Corporation councillors staged a dharna on D. Devaraj Urs Road on Sunday to protest against the demolition drive carried out by the corporation authorities.

The councillors expressed their ire against the officials. Nandish Preetham, a councillor, was involved in an argument with Deputy Commissioner P. Manivannan and police officers who cautioned him against preventing them from discharging their duties.

On learning about the developments, Chamaraja MLA H.S. Shankaralinge Gowda arrived at the spot and opposed the drive. However, he fainted during the protest. A medical team which was summoned from the K.R. Hospital attended on him and urged him to leave the place.

Meanwhile, a few councillors met Mayor Purushottam and expressed their opposition to the demolition drive.

Newspaper hawkers in city put to hardship The Hindu, Mon, Oct 26, 09
http://www.hindu.com/2009/10/26/stories/2009102657460300.htm

Feeder canals

There are many who support the decision of the city authorities to clear encroachments on pavements, but it is not clear whether they will allow clearing of encroachment of canals that supply fresh water to the Kukkarahalli Lake.

In the absence of fresh water inflow owing to encroachment of the feeder canals and new constructions, the lake is on the verge of eutrophication though crores of rupees are being spent to give it a cosmetic treatment.

Karanji Kere/Lake in Siddharthanagar is another typical example.

Exclusive officer

Corporation Commissioner K.S. Raikar observed the corporation did not have an officer exclusively to carryout demolition of illegal structures as and when they were noticed.

In Gujarat, there was an officer exclusively to deal with encroachments, and as his directives had the stamp of magisterial order and they could not be challenged to delay the demolition process, Mr. Raikar said.

Places of worship

While encroachment of pavements can be easily cleared, it is not likely to be an easy task for the civic authorities to clear places of worship that have come up on public places.

When asked if such places of worship would be cleared, Deputy Commissioner P. Manivannan said that the authorities were awaiting the Supreme Court order on the issue.

The order would be studied before taking any decision on the sensitive issue, Mr. Manivannan added.

Pedestrian space restored in CBD Times of India, Mon, Oct 26, 2009
http://timesofindia.indiatimes.com/city/mysore/Pedestrian-space-restored-in-CBD/articleshow/5161040.cms

TNN 25 October 2009, 10:09pm IST

MYSORE: The city's pedestrian space that was encroached in the central business district (CBD) is back in public domain.

Thanks to an elaborately planned massive anti-encroachment drive launched by the urban bodies, guided by the district administration with extensive police cover. At the end of the phase-I of the operation, the CBD on Sunday looked like a place torn down.

Braving combined opposition from elected representatives cutting across party lines, the city authorities continued the pre-dawn drive that ended at around 1 pm on Sun, Oct 25, 2009. The operation will continue and it is a general administrative matter, which requires no permission from elected representatives, the officials conveyed to the netas snubbing their collective resistance.

The operation that was pending for six months now had businessmen complaining that the authorities were ruthlessly pointing at pulling down of signboards too, which they stated did no harm to the pedestrians. But the officials contended that it was done as per the law and to be fair. There could be complaints that other encroachments like the jutting of signage are spared. "We want to be just", corporation commissioner K S Raykar explained.

The scale and planning of the operation were massive. There were heavy earth vehicles including JCB machine, tippers, equipment like gas cutters that assisted some 300 on the job. Over 400 policemen were put on the job to ensure that the operation is smooth and the mobile lines were jammed within two km radius of the CBD to eliminate the chances of mobilization of people at the targeted places. DC P Manivannan and police commissioner Sunil Agarwal supervised the operation.

Ashoka road, Sayyaji Rao Road, Irwin Road, Shivarmpet in Vinoba Road, Aane Sarot Road next to Devaraja Market and commercially hot property D Devaraj Urs Road were targeted in phase-I. MCC had photographed and videographed the properties that encroached the footpaths. It was delayed due to communal disturbances in the city and Dasara season. The operation has the consent of the district minister Shobha Karandlaje.

The joint operation of the MCC and MUDA was commanded by two teams and executed by 27 teams. "This is Phase-I. We will continue it since 18 arterial roads are identified of which six are targeted today", Raykar told reporters. He added, pressure is part and parcel of the administration.

Neither did the officials feel the netas need to be consulted, Raykar explained adding that they will continue it once a month since they have to clear encroachments from 18 roads identified. In all some 550 properties that have encroached footpaths were targeted. Urs Road topped the violators' list. Erring officials will be punished after the drive is through.

The operation witnessed some heated exchanges between the netas and the officials. But when police conveyed that they will act tough and arrest them, they left the site. The corporators met at the MCC and came to D Devaraj Urs Road when the drive had entered its final lap. Mayor Purushothama was with them. But the police intervened and asked them to vacate the place. "We told them that they will have to oblige since it is the MCC's drive and we are extending the security cover. In case their presence generates heat we will have to take them into custody. Later they left", the police commissioner stated. The police, however, took into custody three persons on charges of provoking businessmen when the drive was on.

http://www.deccanherald.com/content/32452/encroachments-cleared-mysore-footpaths.html 

Encroachments cleared on Mysore footpaths Mysore, Oct 25, DHNS

Finally, the Mysore City Corporation (MCC) authorities have woken up to address the woes of pedestrians by launching anti-encroachment drive in the City on Sunday.

About 551 properties, mostly shops on D Devaraj Urs Road, Sayyaji Rao Road, Ashoka Road, Ane Sarot Road, Vinobha Road and Irwin Road, that had extended their properties with stairs, canopies, name boards etc., encroaching footpaths, were cleared in the drive amidst police bandobust.

The authorities had chosen Sunday for the drive to prevent any hiccup in the form of stay orders from the court. Previously, there were instances of traders succeeding in bringing a stay order against such exercises of the civic body. It was a co-ordinated effort of the MCC, Mysore Urban Development Authority (MUDA), Cesc, Telecommunication and also Fire Service department that contributed in executing the plan.

MCC Commissioner Raykar said that such temporary encroachments had been identified on 18 important roads in a survey that was conducted in 2007.

Among the identified roads, the drive was carried on in only six roads on Sunday. The remaining will be covered in next two phases, planned to be held probably in a fortnight or a month, he said.

Except for BSNL customers, cellular phone services of the remaining company were jammed during the period of the drive to check the victims from spreading into a group for unlawful assembling, Police Commissioner Sunil Agarwal said.

Commercial establishments next

The next target for the official machinery is commercial establishments operating out of cellars meant for parking. The drive to clear them will be held in mid-November 2009.

Corporation meeting dissolves into chaos The Hindu, Tue, Oct 27, 2009
http://www.hindu.com/2009/10/27/stories/2009102754970300.htm
Demanding action: Mayor Purushottam mobbed / besieged / gheraoed by councillors at the emergency council meeting of the Mysore City Corporation on Monday, Oct 26, 2009. The dignity of the council's been marred by this misbehaviour. - The Hindu, Tue, Oct 27, 2009
Demanding action: Mayor Purushottam mobbed / besieged / gheraoed by councillors at the emergency council meeting of the Mysore City Corporation on Monday, Oct 26, 2009. The dignity of the council's been marred by this misbehaviour.- The Hindu, Tue, Oct 27, 2009

Councillors create a ruckus and demand the presence of MCC Commissioner K.S. Raikar
Meeting was adjourned for 40 minutes for lack of quorum
Mayor says he did not authorise the demolition drive as projected by MCC Commissioner

MYSORE: The emergency council meeting of the Mysore City Corporation (MCC) convened on Monday after Sunday's demolition drive dissolved into chaos after the members created a ruckus and demanded the presence of MCC Commissioner K.S. Raikar, who has applied for casual leave for three days.

The council was to meet at 11 a.m., but the meeting was adjourned for 40 minutes owing to lack of quorum. It met again at 11.40 a.m., and Mayor Purushottam was gheraoed  / mobbed by the councillors who insisted on Mr. Raikar's presence.

The councillors said that the officials had taken a unilateral decision and alleged that Mr. Raikar was functioning as a puppet of Deputy Commissioner and Mysore Urban Development Authority (MUDA) Chairman P. Manivannan.

There was chaos as the councillors rushed to the chair and surrounded the Mayor. Councillor P. Devaraj walked up to the Mayor and shouted seeking the "immediate presence" of Mr. Raikar.

Nandish Preetham, Nagendra, Sandesh Swamy, Ugrappa and other councillors supported Mr. Devaraj and came down on the officials for "keeping the elected body in the dark regarding the operation."

"Councillors have been dishonoured," said Mr. Devaraj even as another councillor charged that Mr. Raikar and Police Commissioner Sunil Agarwal had been reduced to being puppets in Mr. Manivannan's hands.

At this juncture, the former Mayor H.N. Srikantaiah pleaded that the dignity of the council should not be marred by such behaviour. However, this drew jeers from the others who said that the council had already been insulted.

After the initial commotion the Mayor read out a statement that he did not authorise the demolition drive as was projected by the MCC Commissioner.

He said that the officials had sought permission to remove encroachments on the footpath. "But I had no clue that they would knock down even display boards and cause loss to the tune of lakhs of rupees." He said that the councillors had no objection to demolishing illegal encroachments but added that the elected representatives should have been informed in order to facilitate a discussion in the council.

The Mayor said though he made attempts to contact the Commissioner during the demolition drive, the latter had switched off his mobile phone.

Mr. Purushottam said that he had rejected the Commissioner's application seeking leave for three days as he was a signatory to the circular convening the emergency council meeting.

"He was duty-bound to attend the meeting and I will think of suitable disciplinary action against him," Mr. Purushottam said and adjourned the House till October 29 when Mr. Raikar is expected to resume his duties.

'Act of vendetta'

Later speaking to presspersons, the Mayor described the demolition drive as an act of vendetta by corrupt officials who were denied money by business establishments.

"What kind of justice can you expect in a system when officials overlook the encroachment when they receive money but launch a demolition drive when the demand for money is turned down," asked the Mayor.

He said that they did not object to clearing encroachments but added that it should have been done with the consent of the council. He questioned the rationale behind demolishing the ledges of structures constructed by the MUDA.

He said that the councillors would meet the Chief Minister and seek the removal of the Commissioner.

The Mayor's statement that the councillors had no objection to demolishing illegal encroachments but the elected representatives should have been informed in order to facilitate a discussion in the council unfortunately doesn't have any credibility.

The Mayor's claim that they (councillors) did not object to clearing encroachments but added that it should have been done with the consent of the council lacks credibility too.

The Mayor's unfortunately rejected the Mysore City Corporation MCC Commissioner's application seeking leave for three days just because he was a signatory to the circular convening the emergency council meeting and is even contemplating disciplinary action against him.

Mayor described the demolition as an Act of Vendetta by corrupt officials

The Mayor described the demolition drive as an act of vendetta by corrupt officials who were denied money by business establishments
.

"What kind of justice can you expect in a system when officials overlook the encroachment when they receive money but launch a demolition drive when the demand for money is turned down," asked the Mayor.

If this serious allegation / accusation is true then the Mayor should reveal / disclose their identities/names and designations
.

The Mayor's said that the councillors would meet the Chief Minister and seek the removal of the Commissioner
. This exactly how civic / government officials in India who try to go enforce the rules are treated contemptuously by most politicians.

Drive against misuse of basement space soon The Hindu, Mon, Oct 26, 2009
http://www.hindu.com/2009/10/27/stories/2009102754960300.htm

MYSORE: The MCC Commissioner has said that the Basements of multi-storeyed buildings in the city that are being misused for commercial purposes will be cleared by the Mysore City Corporation (MCC) during a separate drive in November 2009.

The MCC has identified 90 multi-storeyed buildings where basements have been converted for commercial use instead of providing parking space.

MCC Commissioner said here on Sunday, Oct 25, 2009 that the operation will commence in mid-November 2009 and trade licences of those found violating the law will be cancelled.

Meanwhile, an inquiry will be ordered within the MCC to determine why and how such rampant violations were allowed in the first place and make the officers accountable who will then face disciplinary action.

The attention of Mysore Urban Development Authority (MUDA) Chairman P. Manivannan was drawn to the present practice of widening the road by sacrificing the width of the footpath. He said instructions would be issued to earmark 10 ft for the footpath.

MCC commissioner on leave, corporators fume Times of India, Tue, Oct 27, 2009 http://timesofindia.indiatimes.com/city/mysore/MCC-commissioner-on-leave-corporators-fume/articleshow/5165785.cms

TNN 26 October 2009, 10:10pm IST

MYSORE: The anti-encroachment drive aimed at restoring public space to pedestrians took a new turn on Monday, Oct 26 with corporation commissioner K S Raykar, who led the drive from the front, going on leave for three days, leaving corporators red faced.

The special meeting of the MCC Council convened to discuss the drive was adjourned as Raykar was not present.

Even as the corporators are getting ready for a battle with the no-nonsense official planning to take it to chief minister B S Yeddyurappa, there could be more to it than what meets the eyes
. Raykar has cancelled tender for Rs 12-crore road repair works following charges of corruption and has gone for re-tendering. The political class was upset with him. They were also reportedly uneasy with Raykar for he stuck to the rules and was considered too much of a rule book follower.

The notification for re-tendering to take up road repair works was issued last week after canceling the earlier tender process, a senior official told The Times of India.

Raykar handed over his leave letter to his deputy Devaraj and proceeded on leave without waiting for approval. Corporators cutting across party lines assailed him for Sunday's operation against encroachment. They also accused DC P Manivannan of controlling the civic body. "This is an affront to us," they chorused. Raykar is acting as a puppet in the hands of Manivannan. Even police commissioner Sunil Agarwal is dancing to the DC's tunes. "You dont follow it," BJP corporator Nandish Preetam, son of Chamaraja MLA H S Shankarlingegowda, told mayor Purushothama.

As soon as the meeting commenced, corporators mobbed the mayor
and sought to know where was Raykar since Devaraj was officiating as the commissioner. They also attacked DCP (L&O) Ravikanthegowda who threatened the protesting corporators of arrest on Sunday.

The mayor said Raykar was not available to him when the drive was on and sent his leave letter through others. "He has given medical reasons for the three-day leave but I have not approved it. But still he has proceeded on leave. We will discuss this," he told the angry members adjourning the meeting to October 29.

Later speaking to reporters, the mayor said he is not against the drive but wanted the officials to inform them and also give time to the business community to make amends. He accused the officials of acting in haste.

A day after their properties were targeted for encroachment, traders on D Devaraj Urs road downed their shutters to mark their protest. The city police denied them permission to take out a procession stating they had not not taken permission and resorted to mild lathi-charge when they did not budge. Later, former MLA M K Somashekara, who joined the protestors, took a delegation to the DC's office and met ADC C J Betsurmuth. The traders are complaining that they are targeted while the encroachments in other parts of the city are overlooked.

Shopkeepers down shutters in protest The Hindu, Tue Oct 27, 2009
http://www.hindu.com/2009/10/27/stories/2009102754990300.htm 

MYSORE: Business establishments on D. Devaraja Urs Road and surrounding areas downed their shutters on Monday in protest against the demolition drive launched by the authorities on Sunday.

The shopkeepers tried to stage a dharna but the police resorted to a lathi-charge to disperse them. They had a heated argument with the police and wanted to know how their properties, worth lakhs of rupees, were bulldozed without ascertaining whether there was an encroachment or not.

Tempers ran high as the police came under flak for authorising the demolition of even "legal structures".

The shopkeepers demanded an explanation as to why even structures constructed by the Mysore Urban Development Authority, according to its own plan, were demolished.

Deputy Commissioner of Police (Law and Order) Rajendra Prasad intervened and urged the shopkeepers not to block the footpath.

Meanwhile, a section of shopkeepers went to the office of the Deputy Commissioner and submitted a memorandum to Additional Deputy Commissioner Betsurmutt.

MCC chief defends anti-encroachment drive Times of India, Thu, Oct 29
http://timesofindia.indiatimes.com/city/mysore/MCC-chief-defends-anti-encroachment-drive/articleshow/5173925.cms

MYSORE: Corporation commissioner K S Raykar, who led the anti-encroachment drive, on Wednesday asserted his right to act against the violators saying he is empowered and does not require any permission.

A day ahead of the possible showdown with the corporators during a special Council meeting to discuss the drive, Raykar quoted the provisions of the Karnataka Municipal corporation Act, 1976, defended the drive and said the operation will continue. The remaining 12 roads will be targeted anytime in a fortnight, he stated.

On a day when commercial establishments on D Devaraj Urs Road reopened after a two-day bandh, Raykar snubbed the political leader who are accusing the official machinery of not taking them into confidence. The no-nonsense official sought to hit back at the detractors saying it is his prerogative to strike at the violators. There is no need to issue showcause notice to the violators as the Act makes an express provision to take care of such violations without issuing showcause notice, Raykar stated in a release which explains the reasons for the drive, how and when it was planned and why it was launched now.

Mysore is a tourism destination and annually over 25 lakh tourists visit the city. There is heavy pedestrian traffic on the major roads of the city throughout the year but unfortunately, commercial establishments have encroached the footpaths. The MCC realizing the inconvenience caused to the public, intended to remove these encroachments. Apart from causing public inconvenience, these encroachments are also sending wrong signals to the public that violators of law can go scot-free. "Though the corporation intended to remove the encroachments, the magnitude of the task deterred us as removal in one area will lead to allegations of favouritism," he explained.

Raykar said he informed mayor Purushothama on Saturday, Oct 24, 2009 about the operation even as he noted that the clearing of encroachments is a routine duty of the officers and it does not require any approval from the Council or elected body. But following the ruckus, he has now changed his mind saying, "we will inform the concerned elected representatives."

Admitting there was excess during the operation, he asked the commercial establishments, who sustained losses due to the opetations, to approach the civic body with necessary documents for compensation.

Manivannan justifies demolition drive The Hindu, Thu, Oct 29, 2009
http://www.hindu.com/2009/10/29/stories/2009102956680300.htm

MYSORE: Responding to the allegations and criticism about the demolition drive in the city on Sunday, Deputy Commissioner P. Manivannan has justified it stating that there was blatant violation of law by business establishments.

In a press release here on Wednesday, Mr. Manivannan, who has been accused of highhandedness, said apart from causing public inconvenience, encroachments were sending wrong signals to the public that "violators of law go scot-free".

MCC meet witnesses acrimonious debate over demolition drive The Hindu, Fri, Oct 30, 2009
http://www.hindu.com/2009/10/30/stories/2009103057070300.htm 
Officials of the civic body blamed for encroachments
'People should be given notice and adequate time'
Absence of MCC Commissioner irks councillors

MYSORE: The Mysore City Corporation (MCC) on Thursday witnessed acrimonious debate on the demolition operation launched by the corporation officials. However, the councillors gave their consent for clearing encroachments.

The special session convened to discuss the last week’s demolition drive saw the councillors blaming the officials for encroachments and sought action against them. A few councillors suggested that the officials should be held responsible if it was found that any building, which had not violated law, had been demolished.

Bharatiya Janata Party (BJP) leader Nagendra said that if the officials were determined to go ahead with the demolition, then they should not spare even those who had encroached upon People's Park and other gardens. These encroachments had taken place over the years and could not be rectified or cleared overnight. People should be given notice and adequate time.

Sandesh Swamy of the Janata Dal (S) said if north Karnataka was reeling under natural disaster, Mysore city was reeling under manmade disaster. He held the officials responsible for the rampant encroachment. He accused Mayor Purushottam of launching a drive surreptitiously to divert public attention as the Congress, which headed the MCC, had failed to take up any pro-people measure during its tenure. He waved a copy of the Revised Comprehensive Development Plan of Mysore for 2011 and said there were any number of violations of public spaces and parks and challenged the officials to clear them.

A few councillors accused the officials of cold-shouldering them and said this was a brazen attack on democracy as they were the elected representatives. If this trend continued, the council members would resign en masse.

The councillors, however, struck a conciliatory note and said they were not opposed to demolition per se to clear encroachments
, but wanted to be kept informed and took exception to the drive which was planned in secrecy.

The meeting commenced on an acrimonious note with leader of the ruling party in the council P. Devaraj raising a ruckus again
on the absence of MCC Commissioner K.S. Raikar and boycotted the session. But other councillors participated in the discussion which resolved to caution the commissioner and allow the demolition drive after issuing a seven-day notice to the violators.

THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976.
285. Prohibition against obstructions in streets.
1[288A. Prohibition of structures or fixtures which cause obstruction in public streets.
288B. Prohibition of deposit etc., of things in public street.
288C. Licence for sale in public places.
288D. Commissioner may without notice remove encroachment.-
Notwith-standing anything contained in this Act, the Commissioner may, without notice, cause to be removed,-
(a) any wall, fence, rail, step, booth or other structure or fixture which is erected or set up in contravention of the provisions of section 288A (Prohibition of structures or fixtures which cause obstruction in public streets);
(b) any stall, chair, bench, box, ladder, bale, or any other thing whatsoever, placed or deposited in contravention of section 288B (Prohibition of deposit etc., of things in public street);
(c) any article, whatsoever, hawked or exposed for sale in any public place or in any public street in contravention of section 288C (Licence for sale in public places) and any vehicle, package, box, board, shelf or any other thing in or on which such article is placed, or kept for the purpose of sale.]1
1. Inserted by Act 32 of 1986 w.e.f. 17.6.1986.
135. Prohibition of advertisements without written permission of Commissioner.
138. Removal of unauthorised advertisement.
1[436A. Prohibition of unauthorised occupation of land.
441. Penalty for unauthorised use of corporation property.
497. Prohibition against unauthorised dealings with public place or materials.
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This petition's been addressed to the Ministry of Urban Development, Karnataka Governor/Guv, Chief Minister or CM, Deputy Commissioner or DC Mysore, Mysore City Corporation or MCC Commissioner, Mysore Urban Development Authority or MUDA Commissioner, Mysore City Police Commissioner.

The encroachment of pavements and tendency to put up hoardings and signboards protruding beyond the building line was/is rampant in Mysore.

Temporary structures with cloth/tarpaulins are initially put up on the pretext of protection from the sun and rain and later converted overnight into permanent ones with concrete structures.

The local authorities in Mysore City launched a demolition drive to clear encroachments and illegal hoardings in the main commercial avenues of the city on Sunday, Oct 25, 2009.

Encroachments had been identified on 18 important roads in a survey that was conducted in 2007.

The six roads out of 18 main roads were accorded priority in Phase-I as they were used by a large number of people, including tourists, every day. The operation was planned for six months and a detailed map, complete with photographs of structures that had come up in violation of the law, was prepared.

Ashoka road, Sayyaji Rao Road, Irwin Road, Shivarmpet in Vinoba Road, Aane Sarot Road next to Devaraja Market and commercially hot property D Devaraj Urs Road were targeted in phase-I
. MCC had photographed and videographed the properties that encroached the footpaths.

Illegal structures that had encroached pavements / footpaths, illegal hoardingswere  pulled / brought down on six roads in phase-I on Sun, Oct 25, 2009. The six roads were cordoned off and all mobile transmission towers jammed
.

Urs Road topped the violators' list. Erring officials are likely to be punished after the drive is through.

Braving combined opposition from elected representatives cutting across party lines, the city authorities continued the pre-dawn drive that ended at around 1 pm on Sun, Oct 25, 2009
. The operation will continue and it is a general administrative matter, which requires no permission from elected representatives, the officials conveyed to the netas snubbing their collective resistance.

Main avenues of the city - D. Devaraj Urs Road, Sayyaji Rao Road, Irwin Road, Ashoka Road, Vinobha Road and Aane Sarut Road - were cordoned off and all mobile phone transmission towers jammed to prevent any unlawful assembly of people.

About 550 structures that had been built in violation of the law were affected by the drive - 220 structures on D. Devaraj Urs Road, 17 structures on Ashoka Road, 70 on Vinobha Road, 54 on Irwin Road, 49 on Sayyaji Rao Road and 49 structures on Aane Sarut Road
.

They had extended their properties with stairs, canopies, name boards etc., encroaching footpaths.

The remaining 12 main roads are expected to be covered in next two phases, planned to be held probably in a fortnight or a month.

Mayor Purushottam was mobbed / besieged / gheraoed by councillors at the emergency council meeting of the Mysore City Corporation on Monday, Oct 26, 2009. The dignity of the council's been marred by this misbehaviour.

In all, 18 main roads of the city were identified where such problem persisted, but given the scale of the operation and manpower that would be required to crackdown simultaneously at all places, it was decided to take up the demolition drive in a phased manner.

The Sunday morning operation was the first phase of the drive. More such drives are likely/expected to be taken up every month to clear encroachments on 12 more commercial avenues in the city, according to the MCC Commissioner.

The objective of having such a large pose of police was to create deterrence by show of strength.

The operation witnessed some heated exchanges between the netas and the officials.
But when police conveyed that they will act tough and arrest them, they left the site.

The police, however, took into custody three persons on charges of provoking businessmen when the drive was on. Three persons were taken into preventive custody on the Devaraj Urs Road when they threatened to instigate the public to prevent the drive.

The Mysore City Corporation councillors staged a dharna on D. Devaraj Urs Road on Sunday to protest against the demolition drive carried out by the corporation authorities.

The councillors expressed their ire against the officials. Nandish Preetham, a BJP councillor, was involved in an argument with Deputy Commissioner P. Manivannan and police officers who cautioned him against preventing them from discharging their duties.

On learning about the developments, Chamaraja BJP MLA H.S. Shankaralinge Gowda arrived at the spot and opposed the drive. Meanwhile, a few councillors met Mayor Purushottam and expressed their opposition to the demolition drive.

Feeder canals

There are many who support the decision of the city authorities to clear encroachments on pavements
, but it is not clear whether they will allow clearing of encroachment of canals that supply fresh water to the Kukkarahalli Lake.

In the absence of fresh water inflow owing to encroachment of the feeder canals and new constructions, the lake is on the verge of eutrophication though crores of rupees are being spent to give it a cosmetic treatment.

Karanji Kere/Lake in Siddharthanagar is another typical example.

Exclusive officer

Corporation Commissioner K.S. Raikar observed the corporation did not have an officer exclusively to carryout demolition of illegal structures as and when they were noticed.

In Gujarat, there was an officer exclusively to deal with encroachments, and as his directives had the stamp of magisterial order and they could not be challenged to delay the demolition process, Mr. Raikar said.

Commercial establishments next

The next target for the official machinery is commercial establishments operating out of cellars meant for parking. The drive to clear them is likely/expected to be held in mid-November 2009.

The Mayor described the demolition drive as an act of vendetta by corrupt officials who were denied money by business establishments.

"What kind of justice can you expect in a system when officials overlook the encroachment when they receive money but launch a demolition drive when the demand for money is turned down," asked the Mayor.

He said that the councillors would meet the Chief Minister and seek the removal of the Commissioner.

The Mayor's statement that the councillors had no objection to demolishing illegal encroachments but the elected representatives should have been informed in order to facilitate a discussion in the council unfortunately doesn't have any credibility.

The Mayor's claim that they (councillors) did not object to clearing encroachments but added that it should have been done with the consent of the council lacks credibility too.

The Mayor's unfortunately rejected the Mysore City Corporation MCC Commissioner's application seeking leave for three days just because he was a signatory to the circular convening the emergency council meeting and
is even contemplating disciplinary action against him.

The Mayor described the demolition drive as an act of vendetta by corrupt officials who were denied money by business establishments
.

"What kind of justice can you expect in a system when officials overlook the encroachment when they receive money but launch a demolition drive when the demand for money is turned down," asked the Mayor.

If this serious allegation / accusation is true then the Mayor should reveal / disclose their identities/names and designations
.

The Mayor's said that the councillors would meet the Chief Minister and seek the removal of the Commissioner
. This exactly how civic / government officials in India who try to go enforce the rules are treated contemptuously by most politicians.

The MCC Commissioner has said that the Basements of multi-storeyed buildings in the city that are being misused for commercial purposes are likely / expected be cleared by the Mysore City Corporation (MCC) during a separate drive in November 2009.

The MCC has identified 90 multi-storeyed buildings where basements have been converted for commercial use instead of providing parking space.

MCC Commissioner said here on Sunday, Oct 25, 2009 that the operation will / would commence in mid-November 2009 and trade licences of those found violating the law will be cancelled.

Meanwhile, an inquiry will be ordered within the MCC to determine why and how such rampant violations were allowed in the first place and make the officers accountable who will then face disciplinary action.

The attention of Mysore Urban Development Authority (MUDA) Chairman P. Manivannan was drawn to the present practice of widening the road by sacrificing the width of the footpath. He said instructions would be issued to earmark 10 ft for the footpath.

Even as the corporators are getting ready for a battle with the no-nonsense official planning to take it to chief minister B S Yeddyurappa, there could be more to it than what meets the eyes
. Raykar has cancelled tender for Rs 12-crore road repair works following charges of corruption and has gone for re-tendering. The political class was upset with him. They were also reportedly uneasy with Raykar for he stuck to the rules and was considered too much of a rule book follower.

The notification for re-tendering to take up road repair works was issued last week after canceling the earlier tender process, a senior official told The Times of India
.

As soon as the meeting commenced, corporators mobbed the mayor
. They also attacked DCP (L&O) Ravikanthegowda who threatened the protesting corporators of arrest on Sunday.

The traders are complaining that they are targeted while the encroachments in other parts of the city are overlooked
.

Corporation commissioner K S Raykar, who led the anti-encroachment drive, on Wednesday asserted his right to act against the violators saying he is empowered and does not require any permission.


A day ahead of the possible showdown with the corporators during a special Council meeting to discuss the drive, Raykar quoted the provisions of the Karnataka Municipal corporation Act, 1976, defended the drive and said the operation will continue. The remaining 12 roads will be targeted anytime in a fortnight, he stated.

On a day when commercial establishments on D Devaraj Urs Road reopened after a two-day bandh, Raykar snubbed the political leaders who are accusing the official machinery of not taking them into confidence. The no-nonsense official sought to hit back at the detractors saying it is his prerogative to strike at the violators. There is no need to issue showcause notice to the violators as the Act makes an express provision to take care of such violations without issuing showcause notice, Raykar stated in a release which explains the reasons for the drive, how and when it was planned and why it was launched now.

Mysore is a tourism destination and annually over 25 lakh tourists visit the city. There is heavy pedestrian traffic on the major roads of the city throughout the year but unfortunately, commercial establishments have encroached the footpaths. The MCC realizing the inconvenience caused to the public, intended to remove these encroachments. Apart from causing public inconvenience, these encroachments are also sending wrong signals to the public that violators of law can go scot-free. "Though the corporation intended to remove the encroachments, the magnitude of the task deterred us as removal in one area will lead to allegations of favouritism," he explained.

Raykar said he informed mayor Purushothama on Saturday, Oct 24, 2009 about the operation even as he noted that the clearing of encroachments is a routine duty of the officers and it does not require any approval from the Council or elected body. But following the ruckus, he has now changed his mind saying, "we will inform the concerned elected representatives."

Responding to the allegations and criticism about the demolition drive in the city on Sunday, Deputy Commissioner P. Manivannan has justified it stating that there was blatant violation of law by business establishments.

In a press release here on Wednesday, Mr. Manivannan, who has been accused of highhandedness, said apart from causing public inconvenience, encroachments were sending wrong signals to the public that "violators of law go scot-free".

The officials should not spare even those who had encroached upon People's Park and other gardens.

THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976.
285. Prohibition against obstructions in streets.
1[288A. Prohibition of structures or fixtures which cause obstruction in public streets.
288B. Prohibition of deposit etc., of things in public street.
288C. Licence for sale in public places.
288D. Commissioner may without notice remove encroachment.-
Notwith-standing anything contained in this Act, the Commissioner may, without notice, cause to be removed,-
(a) any wall, fence, rail, step, booth or other structure or fixture which is erected or set up in contravention of the provisions of section 288A (Prohibition of structures or fixtures which cause obstruction in public streets);
(b) any stall, chair, bench, box, ladder, bale, or any other thing whatsoever, placed or deposited in contravention of section 288B (Prohibition of deposit etc., of things in public street);
(c) any article, whatsoever, hawked or exposed for sale in any public place or in any public street in contravention of section 288C (Licence for sale in public places) and any vehicle, package, box, board, shelf or any other thing in or on which such article is placed, or kept for the purpose of sale.]1
1. Inserted by Act 32 of 1986 w.e.f. 17.6.1986.
135. Prohibition of advertisements without written permission of Commissioner.
138. Removal of unauthorised advertisement.
1[436A. Prohibition of unauthorised occupation of land.
441. Penalty for unauthorised use of corporation property.
497. Prohibition against unauthorised dealings with public place or materials.
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This petition's been addressed to the Ministry of Urban Development, Karnataka Governor/Guv, Chief Minister or CM, Deputy Commissioner or DC Mysore, Mysore City Corporation or MCC Commissioner, Mysore Urban Development Authority or MUDA Commissioner, Mysore City Police Commissioner.

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