HC puts on hold govt move to regularize Mumbai’s illegal buildings

MUMBAI: In a setback to the Maharashtra government, the Bombay high court on Monday restrained the state and BMC from taking a final decision on regularizing over 56,000 illegal structures in the city. Hearing a public interest litigation filed by city resident Rajendra Thacker, a division bench of Justices Abhay Oka and Ashok Bhangale directed the state and BMC to reply within six weeks and not to take any decision on the issue during that period.

Advocate Sumedha Rao, counsel for Thacker, pointed out to the court that there was no mention in reports about whether the proposal to regularize the illegal buildings conformed to the guidelines laid down by the high court in 2004. "Nobody knows which are these 56,000 buildings that the authorities plan to regularize or what sort of violations are being condoned. Despite an RTI application, the authorities have not furnished a list of these buildings," said Rao. The petition has urged the court to ensure that the 2004 guidelines are followed and no regularization is permitted till the state gives time to citizens to submit their objections and suggestions.

As per BMC records, there are over 56,000 illegal structures in Mumbai housing around 15 lakh people. Last month, TOI had reported about BMC commissioner Sitaram Kunte submitting a report to Chief Minister Devendra Fadnavis with a proposal to regularize most of the illegal structures and demolish the others partially or completely. The report said that constructions where the balcony area or extended part of the legal constructions have been occupied could be compounded by charging additional fees, and norms could be relaxed for those falling in reserved or no-development zones. The state had reportedly given its in-principle approval for the scheme though it was scrutinizing it for legal implications, especially if it was in accordance with the Mumbai Regional Town Planning Act.

Thacker in his petition urged the court to order the state to reveal the details and whether it was in conformity with the 2004 HC guidelines. The 2004 guidelines were framed in an order that had come on an earlier PIL filed by Thacker, which had challenged a 2003 BMC decision to regularize 154 buildings in the city. The HC had in its guidelines said that structures that have violated FSI rules will not be permitted to be regularized unless it is allowed under the Development Control regulations. The civic authorities have to ensure that health, safety, fire and structural safety of the buildings and neighbourhood is not affected and had provided for compensation of affected residents as part of the premium.

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‘Accused was in cop’s home at time of crime’

MUMBAI: The first defence witness in 2010 Kurla minor rape and murder case told a sessions court Monday that the accused Javed Sheikh, a cable man, was attending to a repair call at the home of a police constable in Nehru Nagar at the same time the prosecution claimed he had carried out the gruesome act.

The witness, a cable distributor, is a former employer of Sheikh and said on June 6, 2010, Sheikh had spent the entire day on field, collecting the cable and internet fees and also attending to calls. The witness also said he had diary entries and receipts collected by Javed on that day.

The victim was found raped and murdered in 2010. Sheikh was arrested and trial began in September 2010.

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Happy new year, solar calendar way

Several communities that observe new year by the solar calendar are preparing to celebrate April 14-15 amid feasting and festivity. The advent of Vaishakh or Vishubh Sankranti marks the turn of the calendar for natives of Punjab, Bengal, Tamil Nadu, Orissa, Assam and Kerala. Some celebrations:

Baisakhi | April 14

The foremost festival of the Punjabi calendar is being celebrated on April 13-14. Celebrations by the Maharashtra Sikh Association and Punjabi Heritage Cultural Board were held in Bandra and Andheri on April 11 owing to the weekend holiday. But the Sikhs of Lokhandwala gathered on Monday.Bhangra and gidda performances were followed by a feast that demonstrated the community's love for food.

Puthandu | Tamil Nadu (April 14)

Tamilian households across the city, particularly in South Indian enclaves like Sion Matunga, are preparing to welcome new year at Puthandu on Tuesday. After they adorn the threshold of the house with traditional rice flour rangoli, women prepare a range of bitter, sour and sweet dishes, including neem rasam, salad pachadi and appam. Families visit the temple wearing new clothes and return home to light the holy lamp. Mohana Iyer of the Vashi Fine Arts Society plans to visit the Ayyappa temple with her husband who is from Palghat. The family will celebrate Puthandu and Vishu simultaneously.The Tamil Nadu government had "shifted" new year to Pongal some years back but not all accepted the revision.

Bishubha Sankranti | Orissa (April 14)

The community will celebrate it on Saturday as it falls on April 14, a working day. A grand function has been organised at Orissa Bhavan in Navi Mumbai. Dr Kananika Tripathi, head of the Bombay Odia Women's Association (BOWA) since 23 years, says, "Our Bishubha Milan programme draws hundreds of people for its ethnic flavour. We serve classic bel fruit sherbet and the delectable manda peetha sweet, which resembles modak. This year, we are staging a comedy that has been sourced from the cultural department of Orissa." Students of the community-run Utkarsha dance academy will perform the Odissi Dashavtar dance led by Guru Shakti Nayak.

Rongali Bihu | Assam (April 14-15-16)

The month of Vaishakh is called Bohag in Assam, so the three-day festival of Rongali Bihu is also termed Bohag Bihu. The Assam Association will host a Rongali Bihu celebration with 'Bihu gaan' and 'hosuri' dance at the Cidco Hall in Navi Mumbai on April 18.Around 650 people are expected to attend. S P Borthakur, former vice president of the association, says, "The first day or Goru Bihu is dedicated to worshipping and adorning cows and livestock, the second for Manuh or human beings, the third for Gosain or God. This is when we start using handheld fans to signal the change in season, and share vegetables with neighbours as a gesture of goodwill. We visit religious places and seeking blessings from family elders." He says turmeric water is prepared for bathing so the skin can be purified. Housewives cook ethnic sweets, including various peetha made from black sesame, rice or coconut.

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Has night-life policy figured women safety? : Maharashtra to tell HC

MUMBAI : The Maharashtra government is expected to tell the Bombay High Court on Wednesday whether its policy decision to allow bars, pubs and restaurants to remain open all night in Mumbai has considered the impact of safety of women.

On March 13, the HC had restrained the government from implementing its proposed decision unless it satisfies the court that it has conducted an impact study on the safety of women.

The court is hearing two public interest litigation including one taken up spontaneously after a woman was molested on a train between Nerul and Juinagar stations in the wee hours of June 19, 2011.

The government was granted time of three weeks to file reply including informing if it will entrust the Dharmadhikari committee, which was set up to suggest women-friendly recommendations, to look into the entire issue.

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Free medical treatment for rape victims :Maha to tell HC

MUMBAI: The Maharashtra government is expected to place before the Bombay High Court on Wednesday its policy for providing free medical treatment for rape victims. The government has to state if rape victims can also avail free treatment at private medical colleges.

On March 12, the court passed the direction while hearing two public interest litigation including one taken up spontaneously after a woman was molested on a train between Nerul and Juinagar stations in the wee hours of June 19, 2011. The Dharmadhikari panel, set up to suggest women-friendly recommendations, had submitted six reports with 171 recommendations including ban on women waitresses in bars and restaurants as measure to curb attacks on women and reduce the crime rate in Mahararashtra, The government has accepted 109 recommendations.

The bench was informed by a petitioner's advocate that one of the committees recommendations was to ensure that appropriate free medical treatment is extended to the victims of rape. He also informed that the government's response is that free treatment is provided only in government hospitals.

The court was told that the real emphasis should be on providing prompt medical treatment to rape victims in all hospitals. Also , that if a government hospital is not available in the vicinity, the victim should be able to take treatment in a private hospital and the government should reimburse them. Adjourning the hearing to April 15, 2015 bench then directed the State government`` to deal with this aspect and place on record the policy. ''

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Unseasonal showers fail to cool Mumbai

MUMBAI: Unseasonal showers of rain were recorded on Tuesday all over the city and suburbs. There were rains observed even in areas of Thane, Kalyan and Dombivli in the evening. However the unseasonal rains failed to cool the city and maximum temperatures stayed above normal.

Areas in Andheri, Goregoan, Borivli witnesses showers on Wednesday early evening. However the maximum temperatures recorded in Colaba was 33.4 degree Celsius which was 1.2 degree Celsius above normal while in Santacruz it was 31.8 degree Celsius whichw as 0.8 degree Celsius below normal. The minimum temperatures meanwhile in Colaba was 25.6 degree Celsius while in Santacruz it was 23.2 degree Celsius.

"This is an upper air circulation over Gujarat bringing in a lot of moisture to Mumbai. This is just slight rain which may last for a day more," said VK Rajeev, regional director, India Meteorological Department, Mumbai.

The unseasonal rain in Kalyan-Dombivli, Ulhasnagar and Titwala's city area brough some relief to residents while it affected to farmers in villages of Shahapur and Murbad area of Thane District, where unseasonal rain damaged their crops.

In Navi Mumbai it rained between 5.15 pm to 5.40 pm in several areas , including Vashi, Sanpada. Koparkhairane and Belapur among others.

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Boy scales school wall to look for ball, drowns in swimming pool

MUMBAI: A 10-year-old boy died after entering the swimming pool of an international school located in Borivli (west) on Saturday evening. The boy, Sahil Bhandary, and one of his friends had scaled the compound wall to enter the school premises looking for a cricket ball.

A watchman of the school, Ajay Pawar (49, has been arrested for 'negligence while on duty'.

The boy, who lives near the school, was playing cricket with his friends at a playground in the area when the ball entered the school premise. According to the kids, Bhandary and one of their friends climbed a tree near the school compound wall and jumped inside. The school is shut for vacations.

Bhandary studied in Class IV in a sister concern of the same school housed on the same premises.

Senior inspector Subhash Chavan of MHB Colony police station said, "Bhandary got into the pool to fetch the ball. But the boy could not swim and soon started drowning. That's when his companion rushed to the gate and alerted the watchman who informed others and rushed Bhandary to a hospital where he was declared dead."

Inspector Chavan said they will also initiate action against the school management for negligence shown in not posting a guard at the pool. The school, however, said that the guard at the swimming pool had left since it was Saturday and it is vacation time.

The watchman will be produced in court on Monday.

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Over 30 IPS officers transferred in Maharashtra

MUMBAI: Over 30 IPS officers were transferred and some of them were promoted in Maharashtra on Monday.

A new post of joint commissioner of police, economic offences wing, has been created in Mumbai and Dhananjay Kamalakar will be posted there.

Meanwhile, state ATS chief Himanshu Roy has been transferred to state police housing. He will be replaced by Vivek Phansalkar, city police's joint commissioner for administration. Phansalkar has been promoted.

Among others transferred include senior IPS officer Satish Mathur who was Pune police commissioner. He has been promoted as director general for Legal and Technical.

SP Yadav who headed state CID has been transferred as Nagpur police commissioner. Meanwhile, Nagpur police commissioner KK Pathak has been transferred as Pune police commissioner.

Mumbai police's joint commissioner post has been filled in by Deven Bharti, who was inspector general of police, law and order in the state police.

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Paucity of testing facilities hobble students with disability

MUMBAI: The recent suo motu public interest litigation in Bombay high court, after students with developmental disorders were not allowed to use writers by the National Institute of Open Schooling (NIOS) has once again brought into focus to the lack of testing centres in Maharashtra.

During the hearing of the PIL, high court judges were upset to learn that there are only four testing centres in the state, which has over 3.7 crore students. Currently, there are only three centres in Mumbai.

Statistics compiled by the District Information System for Education for 2014-15 show that there are only about 43,000 students with learning disability. But international studies put the estimates much higher.

While lack of awareness among parents and schools is cited as a common reason for the low number of the students identified with the developmental disorders, fewer testing centres is a major hurdle. The institutes take anywhere up to a year to complete the process of certification, say parents.

"For students with autism, we need to go to Nair Hospital to get certification. The process spans over three or more months with a battery of tests and 14 visits to the hospital. While the testing and certification done is perfect, it is very difficult to get an appointment because the ratio of number of children, testing centres and time frames do not match," said a parent of a student who is taking the board exams through NIOS.

Doctors at the testing centres say there is an immediate need to increase the number of centres. "Our facilities are overloaded and we have children and parents coming from various parts of the state. This need should not arise," said psychiatrist Dr Henal Shah from Nair Hospital, which is one of the authorized testing centres.

"Having a testing centre in smaller cities and towns is more important because with a centre there will be awareness among the people," she added.

Experts want the government to take proactive steps to resolve the problem. "Simpler methods needs to be evolved for quicker identification and certification. Lakhs of children have never known that they have LD and have lost their chance for education. This government is proactive and has the political will to prevent the a key rights violation that affects lakhs of children. Financial grants for the centres at civic hospitals need to be released so that the poor get assistance," said psychiatrist Dr Harish Shetty.

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Central government yet to issue final notification for SGNP green zone

MUMBAI: The Union ministry of environment and forests (MoEF) has notified an Eco-Sensitive Zone (ESZ) up to 12 sq km around the Vidarbha Tiger Reserve but has not given the final notification for expansion of the zones around Sanjay Gandhi National Park and Karnala Bird Sanctuary. Currently, a 10-sqkm radius around the park and sanctuary are notified as ESZs, and pending the final notification, developmental activities can continue on the non-declared zone with permissions.

The state government had written to the Centre to notify ESZ around 47 wildlife parks and sanctuaries, including the Sanjay Gandhi National Park and the Karnala Bird Sanctuary.

In its notification, the MoEF notified an area of up to 12 sqkm from the boundary of Nagzira Wild life Sanctuary, New Nagzira Wild life Sanctuary, Koka Wild life Sanctuary, Navegaon Wildlife Sanctuary and Navegaon National Park as part of the Navegaon-Nagzira Tiger Reserve ESZ.

The state government has been directed to prepare a zonal master plan within two years in consultation with locals. The tiger conservation plan will then be taken into consideration.

The notification has immediately prohibited new mining, stone quarrying and crushing units in the ESZ, as well as setting up new or expansion of polluting industries, major hydro-electric projects, discharge of effluents, laying of high tension lines within 500m of the boundary of the sanctuaries. It has also banned expansion of saw mills.

No new commercial hotel, construction or resort will be permitted within 1km of the boundary of the zone. Bio-gas and solar light units will be permitted. Only non-polluting, non-hazardous, small-scale and service industry, agriculture, floriculture and horticulture, which do not affect environment will be permitted, states the notification.

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