No Action Against Owner of Illegal Six-Storey Building, MCG Engineers to Face Action, ET RealEstate

March 1, 2024

<p>Representative Image<br></p>
Representative Image

GURUGRAM: Three MCG engineers have been held responsible for not taking any action against an illegal six-storey building in New Colony, which allegedly belongs to a former senior deputy mayor. The construction of the building took place despite clear directions from the chief town planner of the civic body that it was illegal, an investigation has revealed.

MCG is planning to seek action against one junior and two assistant engineers under Rule 7 (major penalty) of the Haryana Civil Services (Punishment and Appeal) Rules, 2016, for failing to take action against the property owner.

“An inquiry in the case was completed last year. The commissioner has now recommended action against three engineers under Rule 7. MCG will take action against the junior engineer, but for the two assistant engineers, we will send a recommendation to the department of urban local bodies (ULB). A charge sheet will be issued soon,” said a senior MCG official.

The violation came to light three years ago after a resident of New Colony submitted a complaint to the department of town and country planning (DTCP) on April 19, 2021. The complainant alleged that on paper, the property is owned by the nephew of a former senior deputy mayor, but actually belongs to the latter.

The complainant also alleged that the building is structurally unsafe as the owner has constructed 10 flats instead of four on a plot of 310 sq yards, covering 100% of the total area in violation of the building bye-laws.

The complaint was forwarded to the Haryana intelligence bureau, which further passed it on to MCG on Jan 7, 2022 for investigation. In a report dated Feb 17, 2023, then chief town planner stated that the construction was unauthorised as per the provisions of Haryana Municipal Corporation Act, 1994.

MCG summoned an assistant engineer, who was a junior engineer at the time of construction of the building, to appear for a hearing on June 16. He also submitted that a show-cause notice was issued to the building owner on Nov 23, 2020, when the basement of the building was being constructed, after which the construction stopped. A demolition order was also issued on the same date.

Both the executive engineer in charge of the division under which the area falls and the joint commissioner concerned had issued demolition orders to six persons who had bought the 10 flats in the building. MCG records showed that demolition too was carried out. One of the owners, however, reconstructed his flat, but no action was taken, the MCG probe found.

It also found that a demolition order was issued to two other owners — one on April 3, 2019 and another on Sept 13, 2019 — but then junior engineer (enforcement) instead of demolishing the building, recommended sealing it.

In its report filed in 2023, MCG concluded that unauthorised construction took place due to the laxity on the part of the officials concerned — two assistant engineers and a junior engineer. “The engineers did not act on the unauthorised construction despite the chief town planner’s report clearly stating that the construction was illegal,” it stated.

  • Published On Mar 1, 2024 at 12:00 PM IST

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