Tuesday, 29 November 2011

Kudos to officials

There is widespread feeling among the public that the government does not respond to their complaints. While this may be true in general, there are many officials certainly who do act upon public complaints. Here are three examples. MGP's complaint about these problems were carried in the local media and the concerned officials have promptly rectified the situation

The bus stand on JLB Road near RTO Circle was dilapidated and ready to collapse any moment. After MGP complained in July, 2011, concerned officials have demolished the bus stand and prevented a potential catastrophe.
The bus stand near Nirmala Convent in V.V. Puram had no seats for a long time.After MGP complained in September, 2011, concerned officials have provided seats for the public.

The road hump on KRS road near CFTRI gate was too high and was causing accidents. After MGP complained in September, 2011, concerned officials have reduced the height of the hump.

We thank these officials.

D.V. Dayanand Sagar, Mysore Grahakara Parishat 

Photos from the November 2011 issue of Grahaka Patrike

(D.V.Dayanand Sagar)
The bus stand on JLB Road near RTO Circle was dilapidated and ready to collapse any moment. After GRAHAKA PATRIKE published a photo of this dangerous bus stop (August, 2011) concerned officials have demolished the bus stand and prevented a potential catastrophe.



(D.V.Dayanand Sagar)
The bus stand near Nirmala Convent in V.V. Puram had no seats for a long time.After GRAHAKA PATRIKE published a photo of this bus stop (October, 2011) concerned officials have provided seats for the public.

(D.V.Dayanand Sagar)
The road hump on KRS road near CFTRI gate was too high and was causing accidents. After GRAHAKA PATRIKE published a photo of this dangerous road hump (October, 2011) concerned officials have reduced the height of the hump.

(B.V. Shenoy)
The transformer on Pulikeshi Road (near FTS Circle) has two of its supporting poles on the road itself. This is obstructing both traffic and pedestrians. 




Dr. S.L. Bhyrappa who has been a member of MGP since 1992 has won Saraswati Samman for his novel "Mandra". It is the most prestigious literary award in India.

Wednesday, 23 November 2011

MUDA Is Still Violating Supreme Court Order

MGP issued a press release recently stating that GPA sale of sites has been declared illegal by the Supreme Court in a judgment given on 11-10-11, but MUDA is still permitting such sales. In response, MUDA has issued a statement justifying its actions. MUDA says that it is only transferring sites to buyers on GPAs registered before 1-1-08. By transferring sites to buyers only on GPAs registered after 1-1-08, it seems to imply that it is in consonance with the Supreme Court ruling.
We beg to disagree. The Supreme Court is clear that all GPA sales are illegal. Therefore, MUDA SHOULD NOT BE TRANSFERRING SITES TO BUYERS MERELY ON THE BASIS OF A GPA, NO MATTER WHEN IT WAS REGISTERED. IT SHOULD DO SO ONLY ON THE BASIS OF A REGISTERED SALE DEED. We draw attention to the relevant passages in paras 16-18 of the Supreme Court judgment.
"16. We therefore reiterate that immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. Transactions of the nature of  'GPA sales' or 'SA/GPA/WILL transfers' do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property...Such transactions cannot be relied upon or made the basis for mutations in municipal or revenue records. What is stated above will apply not only to deeds of conveyance in regard to freehold property but also to transfer of leasehold property. A lease can be validly transferred only under a registered Assignment of Lease. It is time that an end is put to the pernicious practice of SA/GPA/WILL transactions known as GPA sales.
17. It has been submitted that making declaration that GPA sales and SA/GPA/WILL transfers are not legally valid modes of transfer is likely to create hardship to a large number of persons who have entered into such transactions and they should be given sufficient time to regularize the transactions by obtaining deeds of conveyance. It is also submitted that this decision should be made applicable prospectively to avoid hardship.
18. We have merely drawn attention to and reiterated the well-settled legal position that SA/GPA/WILL transactions are not 'transfers' or 'sales' and that such transactions cannot be treated as completed transfers or conveyances. They can continue to be treated as existing agreement of sale. Nothing prevents affected parties from getting registered Deeds of Conveyance to complete their title... If they are entered before this day, they may be relied upon to apply for regularization of allotments/leases by Development Authorities."
P.M. Bhat, Mysore Grahakara Parishat 

Sunday, 20 November 2011

MUDA Is Once Again Misleading!

We read with interest the reply given by MUDA to the local media concerning our recent press release on the MUDA notification calling for applications from the public for allotment of sites in Lalitadri Nagar, R.T. Nagar and Chamalapura. MUDA claims this reply clarifies the points raised in our press release. It also implies that our complaints are baseless. We take exception to both these statements.

In its "clarification", MUDA has not answered any of the points raised by us or gives misleading answers to our points. To make this claim clear, we reproduce our points and MUDA's "clarifications".
  
1. The announcement does not commit to any specific dates for allotment of sites or for refund of the initial deposit to non-allottees. Since it states that the initial deposit will not earn any interest, it is easy to infer the intentions of MUDA. Huge sums of public money will earn interest to MUDA at the expense of the public.
    To this objection, MUDA has answered that "After the completion of the allotment process, the EMD amount of unsuccessful aspirants will be returned soon." It also says that "the accusation that MUDA has been reaping benefit out of the interest on crores of rupees of money collected from the site aspirants is baseless".
    Even in this "clarification", MUDA does not commit to any return date for the deposits (other than "soon"). It also does not refute the point that it will not pay interest on the deposit. The refusal to pay interest will earn huge amounts for MUDA. It has been reported that about 100,000 applications have been received by MUDA for the three layouts. Assuming that the average cost of a site is Rs. 3 lakhs, each applicant would have paid a deposit of Rs. 30,000. So MUDA has collected Rs. 300 crores in deposits and even if it returns them after one year, it would have earned RS. 30 CRORES as interest on the deposits.

2. The guideline paper issued along with the application form does not show any map of the place and the extent of the readiness of the sites, roads,ÿelectricity, water and UGD lines, etc. So the public have no way of knowing when the sites will be ready. 
    MUDA has chosen not to reply to this point.

3. Item 17 of the rules and regulations states that allotment at R.T.Nagar will be considered for only those who have applied for both R.T.Nagar and Lalitadri Nagar. Therefore, people who want sites at R.T.Nagar will have to apply for both places with separate ÿinitial deposits. So MUDA gets double the deposit it would otherwise have gotten. This appears to be an unfair trade practice.
    In its "clarification", MUDA says "...the applicants who have made the maximum number of attempts, have voluntarily applied separately for R.T.Nagar and Lalithadrinagar Layouts and remitted the appropriate EMD."
    When Item 17 of the rules and regulations states that allotment at R.T.Nagar will be considered for only those who have applied for both R.T.Nagar and Lalithadri Nagar, applicants for R.T. Nagar have to compulosily apply for both R.T. Nagar and Lalithadrinagar. Why is MUDA misleading the public saying that they are "voluntarily" applying separately?

4. An affidavit form has been given, but there are no instructions that it should be submitted on stamp paper (I was told orally that it should be on Rs. 20 stamp paper) and notarized. Omitting the stamp paper and not notarizing the affidavit may itself become a reason for rejection of application!

5. The affidavit asks the applicant to affirm "I and my family members are residing at the above address and it is a rented house and I am paying a monthly rent of Rs......" What if a person is not paying any rent but otherwise is eligible for allotment of site under MUDA?

6. It is required that the Domicile Certificate should be signed by an "Administrative officer with seal". Can any administrative officer of any organization sign it?  Getting it signed by any administrative officer may again itself become a reason for rejection of application!
 MUDA has not answered these last three points. As we have said in our original press release, MUDA being a statutory body, should be more responsible.

Its clarifications are seem to be as misleading as its original announcement for site applications! In addition, MUDA does not give details of what quality of infrastructure (roads, footpaths, storm water drains, electricity, water, UGD, etc.) it is providing. It is supposed to provide good quality infrastructure before selling the sites, but in many cases, it does not provide the infrastructure many years later, when it is ready to hand over the layout to MCC.
Prof. B.S. Shankara, Mysore Grahakara Parishat

Friday, 11 November 2011

Monthly MGP Meeting

Mysore Grahakara Parishat will hold its monthly meeting on Sunday November 13 at 4.00 PM at 6/1 Vivekananda Road, Yadavagiri. With Mysore city drowning in garbage despite several initiatives of MCC, one of the topics to be discussed will be citizen's role in solving the garbage problem. It is always easy to criticize the officials and politicians for garbage problem. But there is equal responsibility on the part of the citizens also.
Karnataka Government has taken a new initiative to help the citizens by deciding to promulgate an ordinance to implement the Karnataka Guarantee of Services to Citizens Act, 2011. Under this act any officer who fails to render services within stipulated time will have to pay fine. On paper this sounds great as did several other acts like Consumer Protection Act, Right to Information Act, Right to Education Act etc. For consumers to get the best use of such acts, we need to be ever vigilant. During the meeting MGP plans to discuss how Mysoreans can prepare to get maximum benefits out of such an act.
For more information please call MGP at 2515150
Dr. Bhamy V. Shenoy