Yadavagiri Reservoir Roof Collapse

Day before yesterday (26-4-11), when it rained in the evening, I heard a loud sound. When I came out on the balcony to investigate, I saw that the a section of the roof of the Yadavagiri water reservoir had collapsed. If the authorities do not strengthen the the reservoir immediately, its entire roof might collapse before the rainy season is over.

K.M.Chaithanya Prasad, Mysore Grahakara Parishat

Will MCC Clarify?

MCC has issued a press statement (carried in today's newspapers) that property tax can be deposited in 9 branches of SBM, 12 branches of Vijaya bank and 14 branches of Syndicate bank. We talked to several branches of these banks, the AGM of SBM and the regional offices of Vijaya bank and Syndicate bank and all of them say that they have no instructions to receive property tax.

Before there are unnecessary arguments and fights between tax payers and these banks, will MCC clarify from when property tax can be paid in these banks banks and which branches are participating in this programme?

P.M.Bhat, Mysore Grahakara Parishat

Photos from March and April 2011 issue of Grahaka Patrike

11_04_1 (D.V. Dayanand Sagar)

On the occasion of World COnsumer Day (15-3-11), MGP members conducted a food adulteration detection demonstration for the public from 10 AM to 5 PM in Hinkal.

11_04_2 (D.V. Dayanand Sagar)

MGP's programme on World Consumer Day also included demonstration of simple methods to detect contamination of drinking water and simple methods to make contaminated water safe for drinking.

11_04_4 (D.V. Dayanand Sagar)

Dr. H.A.B. Parpia the founder-president of MGP was recently given a Life Time Acievement award by Aasare-Rudset.

11_05_1 (D.V. Dayanand Sagar)

The very busy KRS road has been closed to traffic for more than a year now to replace the old railway bridge. Different authorities are giving different dates for the reopening of the road.

11_05_2 (Vasanthkumar Mysoremath)

MGP members participated in the recent Dharna before the DC's office to protest the planned destruction of 293 roadside trees to create a "Rajamarga" in Mysore.

 

11_05_3 (B.V. Shenoy)

Property tax collection in the various zonal offices of Mysore City Corporation is very disorganized and chaotic.

 

11_05_4 (Vasanthkumar Mysoremath)

MGP members participated in the rally to support Anna Hazare's fight against corruption.

Streamline Property Tax Collection

At present, property tax collection at the Mysore City Corporation zonal offices is very disorganized. If you go to a typical zonal office, you will see about 100 people crowded at several tables, some to obtain SAS tax forms, others to get the forms filled at a cost of Rs.25, others to get the cash challan stamped and yet others to pay to the people hired by ING-Vysya bank to collect the tax. The whole scene is one of utter confusion among the public who have come to pay property tax. There are no clear notices as to procedures, and the desks at which officials are seated do not indicate who the official is (name and designation). The result is that the public mills around without any direction, asking questions which are not answered by MCC staff. The working hours of the ING-Vysya are much shorter than MCC hours and the ING-Vysya people close before their own stated working hours ignoring the plight of dozens of people, especially the elderly waiting to pay their tax. They are not very helpful and often rude. One of our members had to call the Revenue Officer of MCC to get them to work. The absence of order and procedure, clearly attributable to lack of organization and preparedness for the known annual rush for payment of property tax in April to avail of 5% rebate, is deplorable. Incidentally, the situation was identical last year when Axis bank did the tax collection.

Some of the zonal offices are in buildings which are not designed to hold so many people. If there is any emergency (fire, etc), exit is not easy with narrow stairs and corridors and there are sure to be casualties due to rushing or stampede. MCC will be wholly responsible for casualties following any such mishaps.

Clearly, the tax collection system needs to be made simpler and more people-friendly. First of all, since the Revenue Officer of MCC has instructed to AROs to accept all Self Assessment Forms without raising objections (letter No.HAPR.1/08-09 dated 9-4-09), tax payers with filled forms need to get the cash challan stamped by any official before the payment is accepted. The present procedure of getting the challan stamped is unnecessary and needs to be immediately removed.

A few years ago, property tax payments could be made at any branch of SBM. It was very convenient for the public in every way. Such a system should be brought back. In fact MCC might consider more than one bank and the Post Office also for making tax payments.

The names and designations of all MCC officials and staff should be clearly displayed on each table in all zonal offices and the procedure for property tax payment displayed in bold letters for the convenience of the public.

The chaotic situation now prevalent in the zonal offices is obvious to anyone and it is surprising that MCC has not noticed it and taken steps to rectify it.

Maj.Gen.(Rtd.) S.G. Vombatkere, Mysore Grahakara Parishat

Mysore's Water Crisis- What is The Problem?

Everyone agrees that Mysore is facing a drinking water crisis once again this summer, but no one seems to know exactly why, especially since there is no shortage of water in KRS. To find the answer to this question, MGP tried to meet JUSCO officials, Vani Vilasa Water Works Executive Engineer and Mysore City Corporation Commissioner. It was not difficult to meet JUSCO officials, but meeting the VVWW Executive Engineer and MCC Commissioner was next to impossible. The VVWW Executive Engineer missed appointments after giving them and now both he and the MCC Commissioner have stopped taking calls from us. So what follows is the JUSCO version of why 24x7 supply is being delayed.

According to JUSCO, even though overhead tanks which will supply water to customers in various localities of the city were ready some time ago, Karnataka Urban Water Supply and Drainage Board and JUSCO could not agree on what type of pumps to use to supply water from the main reservoirs to these overhead tanks and so the water supply to customers is in the same poor state it was last year. It is surprising that the issue of what pumps to employ was not addressed in the JUSCO contract itself. Now finally the choice has been made and it will take at least three months for the pumps to be installed. So water supply will continue to be a problem this summer.

JUSCO also claims that it is not being given sufficient water by VVWW. VVWW claims that is is pumping 190 million liters per day (mld) of which 150 mld is reaching JUSCO. But JUSCO claims that 190 mld is the maximum pumping capacity if every thing works perfectly, but since VVWW pumps are not working at their rated capacity, the actual amount being pumped and the amount that is being received are much less than claimed by VVWW. Since VVWW has not installed meters at the dispatch points at Hongally and Belagola and at the receiving points in the case of Melapura, it is not possible to know for sure how much water is reallyÿ pumped into the city. Unless meters are installed, this disagreement can not be resolved.

There are other areas in which there is lack of proper cooperation between JUSCO and VVWW. While JUSCO has to work with VVWW employees transferred temporarily to them, it does not have the proper management control to get the work done by these employees. This is a basic failure of the terms of the JUSCO contract.

When customers do not get water, JUSCO provides water to them through tanker lorries. 300 such tanker lorries are being used currently on a daily basis. This is a big cost which will be borne by all of us. But the staff of VVWW control the tanker movement. Each tanker generates a revenues of Rs.650 or more. Even if 25% of tankers are diverted, it mean an income of Rs. 1.8 crores per year. With so much money at stake, there is great scope for corruption and JUSCO is not able to control it.

Even if all the problems are resolved and JUSCO is really able to deliver 24x7 water supply, the question still remains of what will happen once the contract period is over and JUSCO hands the water supply system back to VVWW. It is essential that MCC should separate VVWW to form an independent company (like the one in Bangalore) to manage Mysore's water supply. Such a company should be managed on professional lines, recruiting highly qualified staff. A regulatory authority (such as Karnataka Electricity Regulatory Authority in the electrical sector) should be established to monitor the company and fix the tariff after public hearings. Unless we have these institutions to manage water supply on a professional basis, our water crisis will only get worse every year.
 

Dr. Bhamy V. Shenoy, Prof. R.Chandra Prakash, Maj.Gen. (Rtd.) S.G. Vombatkere, Mysore Grahakara Parishat

Provide Mobile Aadhar Service

Aadhaar scheme aims at providing a unique identification number to all Indians. The pilot programme in Mysore is coming to a close, but nearly half the population is yet to approach an Aadhaar centre. It is not possible for the aged, the infirm and the physically challenged to go to Aadhaar centres and wait. It is also not easy or convenient for many housewives or students either. This is one of the major reasons for the deficient enrollment.

If a significant portion of the population does not get Aadhaar cards, the very purpose of the scheme will be defeated. Therefore the administration must do everything in its power to enable all people to enroll for the UID card. It may consider mobile centres which will go around in the city bringing the service to the very doorstep of the public. Such a move will undoubtedly give a big boost to Aadhaar enrollment.

Vasanthkumar Mysoremath, Mysore Grahakara Parishat

Is The Site Cleaning Tax Legal?

MCC has introduced a new tax on vacant sites from this year. It is being charged at the rate of Rs. 0.50 per sq.ft. and is supposed to go towards keeping the sites free from garbage and weeds. But it appears that such a tax is illegal.

Before 2003, whenever MCC wanted to levy a new tax, it had to pass a resolution to that effect at MCC general meeting, publish the resolution in the official Gazette, obtain objections to the new tax from the public and submit both the resolution and the objections to the State government. The State government had the power to sanction, modify or impose conditions on the resolution. It would then publish its decision in the official Gazette and the tax approved by the State government would be legally in force.

But in 2003, the State government amended the Karnataka Municipal Corporations Act. One of the stated objectives of the Act was to give Corporations more power and "to dispense with the sanction of the Government before imposing tax". So Sec. 105 of the Act which gave the State givernment power to change Corporation resolutions was deleted. MCC could now impose any tax they wanted without State government interference.

But while deleting Sec. 105 of the Act, the government also removed Sec. 104 of the Act, which defined how Corporation could levy a new tax. It is not clear if this deletion was intentional or accidental, but the upshot of the removal of Sec. 104 is that now MCC has no legal foundation to levy any tax other than those covered explicitly by the Karnataka Municipal Corporations Act. Pre-existing taxes and cesses such as property tax, water tax, advertisement tax, health cess, anti-beggary cess, education cess can continue. Solid waste management cess which was introduced last year is covered explicitly by Sec. 103B and seems to be legal. Sec. 103B also provides for infrastructure tax on vehicles and Sec. 103 provides for an additional stamp duty on property transfers. These taxes can also be legally imposed by MCC.

Since a site cleaning tax is not covered explicitly by the Act, its imposition by MCC seems illegal.

There are some things MCC can do legally to tackle the problem of neglected sites. If a residential site has garbage or weeds on it, MCC can issue a notice to the owner under Sec. 333 of the KMC Act to remove them within 24 hours. If the notice is ignored, it can fine him Rs. 50 under Schedule XI of the Act. If a commercial site has rubbish on it, MCC can issue a notice under Sec. 257 of the KMC Act and can charge him a periodic fee to clear the rubbish.

Dr.T.N. Manjunath, Mysore Grahakara Parishat

Calculate Your Property Tax Yourself And Save Money

It is that time again when all of us have to pay our property tax to MCC. If you get your tax calculated by the people at the MCC zonal offices or use the Property Tax Calculator of the MCC website (which by the way is still not working, with only 14 days left to get the 5% discount), you are certain to pay much more than what you have to really pay.

According to Sec. 109A of the Karnataka Municipal Corporations Act, 1976, the property tax remains constant for three years and then increases by 15%, then remains constant for three more years and then increases again by 15%, and so on. Once the calculation of property tax is done for any year, it does not have to be done again. Let the value of the site change, let the cost of building change, but you do not have to calculate the tax again. Depreciation is not allowed by the law, and so you do not have to calculate that either. All you have to do is pay the same amount for three years, then increase it by 15% and pay for three more years and so on. Even though the law removes the drudgery of fresh calculation, people still flock to pay Rs. 25-50 to to get their taxes calculated every year. The taxes thus calculated are much higher than what the law demands and so these citizens are suffering a double loss. One of our members who had his tax calculated at the zonal office was told to pay Rs. 3827 when all he had to pay was Rs. 2823.

Here is how you can figure out how much property tax you have to pay this year. This instruction is only for those people who had their tax calculated at a zonal office (or by the Tax Calculator) last year, because we are assuming that people who calculated their own tax last year can do so again this year. We are also assuming that thay have paid the 15% hike in tax last year itself becuase, MCC had issued advertisements in local papers announcing the hike effective from 1-4-10.

Add the total amount paid last year to last year's Solid Waste Management cess. That will be the amount you have to pay this year. The amount to be paid this year is higher because the SWM cess has been doubled this year for properties larger than 1000 sq. ft. The entries in you tax form will be the same, except the SWM cess which is double last year's. If your property is less than 1000 sq. ft., add 3/4 of the SWM cess you paid last year to last year's total amount to obtain the amount you have to pay this year.

By doing this simple addition yourself, you will not only be saving the Rs. 25-50 form filling fee, but you will also save a large amount in the tax paid.

P.M. Bhat, Mysore Grahakara Parishat

Supreme Court Comes Down on Land Acquisition

In recent days, the central and the state governments have sharply accelerated their programmes of acquiring lands from the public for a "public purpose" and giving it to businesses. The creation of SEZs, acquisition of land for NICE infrastructure corridor, acquisition of land for power plants all over the country are all examples. Some recent local examples are acquisition of shops in Makkaji Chowk and giving them to a developer for building a shopping complex and acquisition of farm land for building Infosys campus.

In an important decision given last month on 7-3-2011, the Supreme Court has cast serious doubts on such land acquisitions which are all based on the Land Acquisition Act, 1894. Some salient features of the Supreme Court order are:

1. Land Acquisition Act is a relic from 1894 when the British ruled India. It is not consisitent with the fundamental rights guaranteed under the Indian Constitution. Article 13 of the Constitution mandates that any pre-constitutional law cannot remove or abridge fundamental rights. The Court said that these issues must be borne in mind "when little Indians lose their small property in the name of mindless acquisition at the instance of the State".

2. The Court also said that any attempt by the State to acquire land to benefit a particular group of people at the cost of the interest of a large section of people especially the common people defeats the very concept of "public purpose".

3. The Court said that courts should not remain as passive umpires, but take an active role in land acquisition cases. It could mean that courts should quash acquisition orders which do not have a genuine public purpose.

4. The Court raised the question whether the government can acquire fertile agricultural land when unfertile banjar lands are available. But, surprisingly, it did not answer this question. This question is of relevance to Mysore in both the Infosys case and the Chamalapura thermal power station case.

It appears that SEZs, NICE project, Makkaji Chowk and Infosys campus, none of them meet the test of "public purpose" elucidated by the Supreme Court in its recent order.

G.M. Netaji, Mysore Grahakara Parishat

Wake Up, Pollution Control Board!

Instead of transporting city's garbage to landfills, MCC workers continue to burn garbage on every street. Needless to say, this is causing terrible pollution and releasing dangerous gases such as dioxin into the atmosphere. Since the garbage is piled up next to the nearest compound, the burning also causes disfigurement and damage to the compound. If there is no nearby compound, the garbage is lit next to a roadside tree, causing irreparable damage to the tree.

The Municipal Solid Wastes (Management and Handling) Rules, 2000 came into effect in 2001 itself. All municipal bodies must compulsorily follow these rules. According to Schedule II of the Rules, burning of garbage and dry leaves is forbidden. Any violation of the provision of the MSW Rules, 2000 attracts the penal provision of the Environment (Protection) Act, 1986. According to Sec. 15 of the Act, each violation of the Rules is punishable with imprisonment of upto five years and/or a fine of upto one lakh rupees, or with both, and in case the violation continues, with additional fine of upto five thousand rupees per day.

Even though these Rules have been in effect for nearly ten years, it is shocking that MCC is still burning garbage. The Karnataka State Pollution Control Board which is in charge of enforcing these Rules should take serious note of the violations and throw the book at MCC officials for their continued callousness.

B.V. Shenoy, Mysore Grahakara Parishat

KRS Road - Ready in 40 Days?

We happened to be in right place at right time. On 30th March, 2011, we wanted to take a look at the progress of works on the KRS Road from Dasappa Circle up till Vanivilas Water Works. We found Mr.Harsha Gupta, the Deuputy Commissioner and Mr.Raikar,the Municipal Commissioner having a meeting with many other officials nearing the entrance to Medical College Ladies Hostel. There was Sri.Cheluve Gowda, the Executive Engineer, PWD, Sri.D.B.Verma DRM, Railways, Sri.Ravichandran, Executive Engineer, Railways, and Sri.Nataraj, AEW, Vanivilas Water Works, Sr,Subbe Gowda, Executive Engineer, JNNURM; Sri.Venkatesh, who is the contractor for laying water pipeline and UGD works, and Sri. K.V. Chenniah the Railways and PWD contractor who has completed the railways bridge work and is also the contractor for the road work under PWD contract. This was practically all the representatives of every agency involved in the KRS Road Works.

We were witness to the deliberations between the Deputy Commissioner and the representatives present there. The meeting ended with mutual assurances and convincing that in the next 40 days the road works will be completed. The Deputy Commissioner was relieved to learn that the road will be open to public before the onset of the rains.

Since september 2010 we have met practically everyone involved in this project. The facts available with us indicate that the road will not be ready that soon. To our RTI query [20.9.2010] as to why this work, which was to have been completed by Dassara 2010 is not completed so far, the answer given [20.12.2010] by the PWD Executive Engineer was: there was a delay in getting permission to the trees cut. Apart from this, the MCC has not completed the shifting of water pipe line work. After the shifting of water pipe lines the PWD will complete their part of the work within 9 months. And these 9 months were exclusive of rainy season! That means the advent of rainy seasons would further delay PWD work beyond their requirement of 9 months.

It is March 2011 and the railways have completed their railway bridge work and have made their railway lines operational on this new bridge. Within our knowledge the railways have overshot their time-limit by two months and that too due to compulsions of design modifications. This was to facilitate laying of water pipe line and UGD lines on the bridge bed. But the road construction work is languishing. Ironically, the contractor for the railway bridge as also the road construction is one and the same, ie. Sri.K.V.Chenniah!

The road work was taken up under tripartite Contributory Deposit Scheme wherein the State Government, the Railways and the Mysore City Municipal Corporation [MCC] were to contribute funds. From the very beginning there has been lack of coordination between all the agencies involved in this project. MUDA commissioner was made the Coordinating Officer in the initial stages. But for whatever reason no meetings took place. So much so the Railways stopped contacting other agencies and simply concentrated on their part of the bridge work. State government should have released the funds to the CDS which it has not. And the MCC has its own financial crunch and hence could not pay the contractor assigned with the work of shifting water and UGD pipelines.

The contractor who was to complete the shifting of pipelines could not/did not complete his work [even as on 30th March 2011 the work is not completed] because he is not paid for the work already carried out. And the MCC could not pay because the State Govt did not release the funds. And the PWD could not start the road work since the pipeline shifting work has not been completed [see above the RTI reply by the PWD].

And we are to understand that the total amount to be paid to the contractor towards the pipeline shifting is less than Rs.2 Cr.!! This is a proverbial case of for want of a nail the kingdom is lost. As per the rough estimate made by us the cost of detour to be taken by all the vehicles plying should have cost the society about Rs.2.5 Cr and this will keep on piling up till this crucial road link is completed.

We could see that the PWD has taken up the work of constructing the retaining walls, the drainage and cable conduits. But the pace of work is not commensurate with the importance of this road particularly in the light of delays. Interestingly we saw that two wheelers have started using this road as the railway bridge work is complete. Such unchecked traffic will only cause further obstructions in the construction work, apart from damaging the quality of work.

What has surprised us was that it is nearing one year since this road was shut down and only two meetings have been held by the DC. We asked the DC if had any confidence in the deadline of 40 days being kept. He responded that he had only two meetings. Promise made during the first meeting to open the road for traffic during dussera 2010 was kept and he has confidence that they would keep the promises this time also. We did not see any blue print/plan in the hands of any of the officers present there in this meeting. We felt that assurances/responses given to the DC were rather vague. There has been total casual approach in addressing the problems confronting the completion of this crucial road linking two important parts of the city.

We were also told that since the whole project is extremely complex, any delays in completion can be justified. When Delhi metro can be completed meeting the deadline, can K R S Road project be any more complex?

Further, what has been the role of peoples representatives, the MLA, the MP, the Corporators? And above all the Minister in Charge of this District? Why is that people at large are keeping quiet and suffering silently the agony of detours, extra costs? Who should be held accountable for this mess?

We were witness to MCC commissioner giving assurance the contractor in charge of pipeline shifting that some more money will be released to him and asking him to complete his work expeditiously. And we are to understand that many such assurances and requests have lapsed but the every time it is back to square one no release of funds and no progress in the pipeline shifting and no possibility to take up the road laying work!!

Therefore our understanding is that this road will not be ready in the next 40 days, unless people concerned take up the responsibility and made accountable.

Prof. R. Chandra Prakash & Dr. Bhamy V. Shenoy