Disgraceful State of Mysore City Corporation

D.V.Dayanand Sagar, member, Mysore Grahakara Parishat writes

The MCC Annexe building which was built only about 5 years ago, is leaking like a sieve when it rains. The Town Planning Department is working under plastic tents. The floor is all wet.

Vijayanagar Tank Roof Collapse Is No Surprise

Prof. A. Ramalingam, member, Mysore Grahakara Parishat writes

When severe damage to Vijayanagar Central Storage Reservoir (CSR) was reported in the media in April 2007, MGP and Dr. Ajay Memorial Drinking Water Foundation organized a team of microbiologists to visit the CSR. The team consisted of Prof. A. Ramalingam, Retired Professor of Aerobiology, Universities of Mysore and Karnataka, Prof. S. Shankara Bhat, Retired Professor of Botany, University of Mysore, Prof. Keshava Nireshwalia, Retired Head, Biotechnology Dept, Katmandu University and Retired Senior Scientist, CFTRI, Dr. E. Rati Rao, Retired Scientist, CFTRI. The experts gave a report in which they predicted that since the entire CSR roof was in an extremely fragile condition (with the sinking of the roof visible to the naked eye in several places), more portions of the roof were certain to collapse soon. They argued that the only practical solution was the replacement of the whole roof. They also argued that any temporary repair work will endanger the lives and limbs of the workers and also the health of the public.

Mysore City Corporation ignored this advice and went for piecemeal repair work. As predicted by the expert group, the roof of the CSR collapsed in two more places in October, 2007 and in one more place two days ago. This is gross irresponsibility on the part of MCC.

There are at least eight places where the roof of Vijayanagar CSR is sunken and pools of water form after a rainfall. These spots are excellent bets for collapsing in the coming days.

The experts had observed in October, 2007 that the nylon nets covering the air vents in the CSR have holes through which pigeons are flying into the CSR and probably building nests again. It does not appear that this problem has been addressed. Also, no measures have been taken so far to close the gaping hole formed in the roof after the recent collapse, again allowing pigeons to fly in. Sunlight in the CSR will promote growth of algae which will attract many insects. Roof debris from the last three collapses are also present in the CSR water.

People who receive water from Vijayanagara tank should be prepared to receive dirty water (with pigeon droppings, algae, insects, cement, iron dust, etc.) for many days to come. They are well-advised to purify the water before drinking it.

Stop Supplying Raw Water!

Prof. A. Ramalingam, Dr. Ajay Memorial Drinking Water Foundation and Venkatesh Chabbi, Members, Mysore Grahakara Parishat write

The epidemic which swept through Manjunathapura and which was caused by contaminated tap water has received wide coverage in the media. Raw water pumped from Belagola is being supplied to several factories, institutions, villages and colonies along the way. Persons who consume this water are at extremely high health risk.

When members of Dr. Ajay Foundation and MGP visited Manjunathapura yesterday, it was found that many of the patients were suffering from typhoid. Normally, contaminated water produces many cases of gastro-intestinal diseases (such as cholera) and less number of typhoid cases. Here, the number of typhoid cases seems quite high.

Dr. Ajay Foundation and MGP have interviewed employees of many factories and the two major colonies, Ekalavya Nagar and Manjunathapura which are supplied with raw water. It appears that they drink the raw water supplied, without any processing. It was found that many of them suffer from sore throat, diarrhoea, jaundice, etc.

Only some factories such as WIPRO and J.K.Tyres and institutions such as G.S.S. Samsthe provide potable water to their people. But even they are exposed to contaminated water when they eat at neighbouring roadside eateries.

Dr. Ajay Foundation and MGP have been asking VVWW for more than a year to stop supplying raw water. They have repeatedly warned VVWW that the situation is tailor-made for the outbreak of an epidemic. But VVWW has not shown great urgency about this danger.

It is essential that from now on at least, VVWW should stop supplying raw water to factories, institutions, villages and colonies. It is also imperative that all factories supply potable water to their employees.

Coal-based Thermal Power Plants Faces Another Big Problem

Shankar Sharma, Member, Mysore Grahakara Parishat writes

The state government is giving opposite signals concerning Chamalapura thermal power plant. It states one day that it is not proceeding with the project and contradicts it the next day.

Amidst this confusion, it has come to light that all coal-based thermal power plants are facing another major problem, that of fuel supply. A story in "Business Line" of 7-8-08 quotes Partha Bhattacharya, Chairman of Coal India Limited as saying that existing coal-based power plants are using up more coal than CIL can supply them. As a consequence, these plants have to import coal. But imported coal (Rs. 5,500 - 6,000 per ton) is far more expensive than the subsidized domestic coal (Rs. 1,000 - 2,000) and the companies are reluctant to spend large amounts on fuel. Therefore, there is a fuel shortage and these coal-based power plants are not working at full capacity.

Now, many more coal-based power plants are being proposed all over the country with seven of them coming up in Karnataka including the one at Chamalapura. When the existing coal-based power plants are having difficulty getting coal supplies at economical rates, where the proposed new power plants will get theirs is not clear.

What Apartments Owners Should Know

A.M. Subba Rao & P.M. Bhat, members, Mysore Grahakara Parishat write


Mysore is fast becoming a city of apartment buildings. Impressed by the security of apartment living, thousands of people have invested in apartments. But many apartment owners may be facing problems with apartment builders (construction defects), neighbours (disputes concerning commmon areas) and city corporation (disputes about property tax on the apartment) They may also face problems when they try to transfer the title to the apartment to others (through sale, gift or will) since they do not possess the required documents. The government has passed laws to make each apartment a heritable and transferable immovable property, but unfortunately, there is large scale violation of these laws.

To avoid such problems, apartment owners should obtain the following documents (notarized copies unless otherwise indicated) at the time of taking possession of the apartment:

1. Site allotment letter from CITB or MUDA

2. Site possession certificate from CITB or MUDA

3. Title deed for the site from CITB or MUDA

4. Khatha certificate from Mysore City Corporation to the original allottee

5. Latest property tax paid receipt from MCC

6. Encumbrance certificate from the sub-registrar's office

7. Completion report for the building issued by MCC

8. The plan for the building sanctioned by MCC

9. Letter from MESCOM providing electrical connection to the building

10. Deed of declaration from the developer giving details of common area shares

11. Letter from the developer handing over possession of the apartment (Original).

The Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 - KOFA deals with most of the problems apartment owners face with promoters of the buildings or neighbouring apartment owners.

KOFA defines the obligations of the promoter of an apartment building. Among these obligations are prompt and full disclosure of the nature of the promoter's title to the land (as certified by a lawyer of seven years standing), any encumbrances on the land, nature of fixtures, fittings and amenities to be provided in the building, the design and materials to be used in the construction of the building, plans and specifications of the building having obtained approval of the local authorities for the same, details of all agreements with the architects and contractors, the date on which the possession of the flat will be handed over, details of all the outgoings including ground rent, income tax, property tax, water charges, electricity charges, revenue assessment, interest, etc. According to KOFA, the promoter must also keep a list of the flat buyers along with the prices charged and the conditions under which the flats were sold. Further, the promoter must state in writing the precise nature of the organization of apartment buyers to which title of the building is to be passed and the terms and conditions governing the organization. If this organization is a cooperative society, he has to submit an application to the Registrar of Cooperative Societies within four months from the date on which the minimum number of persons required to form the society have taken flats. If no period of conveying the title of the building to the cooperative society thus formed is previously agreed upon, the promoter has to convey the title to the society within four months of the date on which the society is registered.

KOFA forbids the promoter from allowing persons to enter into possession until completion certificate for the building is obtained from the competent local authority. Before accepting advance payment or deposit from any buyer, the promoter has to enter into an agreement with the buyer and the agreement has to be registered. The advance payment can not exceed twenty percent of the total sale value of the flat. Also, once the agreement is executed, the promoter can not mortgage or create a charge on the flat or the land.

KOFA mandates that the promoter has to maintain a separate account of sums taken as advance or deposit and acting as a trustee for the money, disburse it for the purpose for which it is given, keeping full records of the money spent. The promoter has the responsibility for the payments of all outgoings including taxes, water and electricity charges, revenue assessment and interest until the title of the property is transferred to the cooperative society of flat owners. The apartment buyers are advised to go through these records carefully and insist on details since some promoters have charged huge lump sum amounts for purposes such as registration of apartments and legal fees, etc. which required only small amounts of money. Further, some promoters are also found collecting money for various heads to meet the hidden costs which the buyers are not obliged to pay.

After the plans and specifications of the building as approved by the local authority are disclosed to the person agreeing to take a flat, the promoter is forbidden by KOFA to make

i. any alteration within the flat without obtaining previous permission of that person, or

ii. any alteration in the structure of the building or construct additional structures without the previous consent of all the persons who have agreed to take the flats.

If the promoter fails to give possession of a flat duly completed in accordance with the terms of the agreement by the date specified (or any further date agreed to by the parties), he shall be liable to repay (without prejudice to other remedies to which he may be liable) the amounts already received by him with respect to the flat with simple interest at 9% per year.

Any violation of the above conditions of KOFA by the promoter is punishable by a prison term or a fine or both.

To guarantee a smooth running of the cooperative society of apartment owners, it is advisable that all members of the society give a declaration to the Registrar of Cooperative Societies stating that they want to be covered by the Karnataka Apartment Ownership Act. 1972 (KAOA). KAOA and the accompanying Rules prescribe the way the society has to be run, the duties of apartment owners, etc. They forbid actions of any owner which would jeopardize the soundness or safety of the building, reduce the value of the building or hinder or encroach upon the lawful rights of other apartment owners. They also enjoin all owners to perform promptly maintenance and repair work within their own units and to reimburse the society for any damage to common area and facilities through their fault. KAOA mandates that the promoter should provide each apartment owner a deed of declaration in the format prescribed by Form A. The apartment owners should make sure that they receive the deed in the prescribed format.

A book containing both these Acts applicable to apartments in Karnataka and the accompanying Rules is available in law book stores. It is a must for all apartment owners who want to know what their rights are.

Eviction of Roadside Vendors

Maj Gen S.G.Vombatkere (Retd),President, Mysore Grahakara Parishat writes


Mysore City Corporation is in the middle of a footpath clearance operation. Roadside vendors seem to be the main targets of this eviction.

Clearing the roads and footpaths for smoother pedestrian and vehicular movement is the stated goal of the MCC operation.

But roadside vendors are just one cause of the clogging of pedestrian and vehicular traffic. Other major causes are:

2. The number of vehicles on the roads is increasing rapidly. This is due to increasing incomes, the policy of the government to promote vehicles and the policy of banks to encourage purchase of motor vehicles.

3. Easily affordable, convenient (and yet at the same time profitable) public transportation systems can be run. But the state government does not seem interested. It seems interested only in expensive, and in many cases, uneconomical public transport such as monorail, underground suburban trains and imported luxury buses. Provision of good public transportation is also ignored in the planning of new layouts. Lack of convenient and affordable public transportation is leading to increased reliance on private vehicles and increased load on the roads..

4. The policy of local authorities to keep on widening roads to accommodate the fast increasing private vehicle population has become self-defeating since footpaths are being sacrificed for road widening and so pedestrians are forced to walk on roads, and thereby obstructing vehicular traffic.

To unclog the roads and footpaths of Mysore, all these problems have to be tackled simultaneously. Otherwise the objective will not be realized.

MCC seems to have focused only on roadside vendors and ignored the the other three problems. In its eagerness to remove roadside vendors, it seems to have also ignored the negative fallout of such eviction. By the removal of roadside vendors, thousands of people will lose their livelihoods, and most of the citizens of Mysore will lose affordable merchandise and food.