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“We cannot expect people to have respect for
law and order until we teach respect to those we have entrusted to enforce
those laws.”
― Hunter S. Thompson
“For there is but one essential justice which cements
society, and one law which establishes this justice. This law is the right
reason, which is the true rule of all commandments and prohibitions. Whoever
neglects this law, whether written or unwritten, is necessarily unjust and
wicked.”
― Marcus Tullius Cicero
Hunter Stockton Thompson was an American
journalist and author, regarded as one of the principal pioneers of New
Journalism. Marcus Tullius Cicero was a Roman statesman, lawyer, scholar,
philosopher, orator, writer, and Academic sceptic, & known for his wisdom
in history! Obviously, the quotes which I borrow from these wise men set the
tone for my writing (read as frustration, especially when subject is system or
govt) & needless to say the sharing is about law (for a change) or say the
system which we call judicially & my business which is real estate
(builders) & I am proud of it, about which many people will frown after
reading! That How can be someone proud of a business which is hailed by the
society & even by the law as corrupt, immoral, greedy, selfish & what
not & I don’t say all of them are wrong yet not all builders are so &
had it been not so then millions of people won’t be living in their dream homes
at peace & there would have been total chaos on the road, isn’t it? And
then we all have our profession to fill our stomach & this I know even a
criminal can say but that’s why there is law & judicial system in place to
decide what is right way of earning & sure real estate isn’t yet banned by
this system, so I can have proud about my profession, which I do have!
Ok, now if you are wondering why there is
sudden patriotism about real estate then there is a wave of patriotism in the
country (I mean it, no sarcasm) & if one is not proud about one’s way of
living then what's the use of being patriotic about the country you are living
in! And the reason for my sharing is as usual news in the media about real
estate by our Hon judicial systems (plz mind “Honourable” term), and they are
none other than Hon Supreme Court & Hon NGT apex court. Now, most of us know
the Supreme Court which is the authority when justice is the subject but many
people (most) don't know about the NGT (or don’t care) & that is National
Green Tribunal. Well, “The National Green Tribunal (NGT) is a
specialized judicial body in India established to provide a dedicated forum for
resolving environmental disputes and promoting environmental
protection. Its primary function is to ensure the enforcement of environmental
laws and address matters concerning environmental protection, conservation of
natural resources, and pollution control, its setup in 2010.” This info I have cut pasted from google to save time, in short anything
related to environment conservation, to get faster justice & in the right
way for right cause NGT has set up as parallel court & India was only third
country after Australia & New-Zealand to set up such body for environment!
You can file your complaint in NGT if it is
related damage to environment or nature in any way then you can file your
complaint here & NGT has technical members to understand the object of
complaint as well analyse the complaint which a normal judge with law degree
may not be able to & it is a great step for nature conservation I must say!
Now the issue is about some judgements which
NGT has delivered which can only be challenged in the Supreme Court only &
the news were about the same. One was about few violations of EC i.e.
environment control NOC which is required for any construction (building) with
potential above 2 lakh sq ft built up area & another is demolition of 36
bungalows as per NGT order which were supposedly built in blue line (flood
line) of river in PCMC. The first matter was ruled by Supreme Court with
strictures about nexus of govt, politician & builders (industrialists as
well) & one me feel its scene from some Bollywood movie where these three
characters are always shown as on wrong side of law but that’s exact reason of
my sharing. As, first & foremost why this EC in required for the buildings
in the first place is basic subject & whoever may say whatever about this
foolish (selfish) looking question but law is supposed to be governed by logic
& build on facts & unfortunately when it’s blaming some segment (read
as real estate) law turns a blind eye towards the facts & this is why I am
writing this peace as my say over the said judgement about violation of EC! First
& foremost no residential or commercial buildings should be asked for EC,
as there is no new damage these building can do on the environment in any form
which we doesn’t know about, is my blunt statement & I am making it as an
engineer who has been in the field for more than thirty years & I care for
environment & I myself am a wildlifer too!
And if you think I am saying this just to save
the skin of builders then let’s understand the different industries in the
business & their functioning as well impact on the environment at large
& local level. When you build any factory at any place then it’s an ongoing
process after completion of such unit as emission of chemicals or gasses as
well its waste material disposal which can be hazardous for the surrounding
& such many aspects come into picture. An industry in a locality is like an
alien entering into your world & indeed its impact on the surrounding must
be thoroughly analysed. Similarly, when you build any highway or railway line
cutting through forest or hills then its damage as well intrusion on
biodiversity as such development is part of any development plan but is a total
new development. Same is true for a dam or a jetty or a port, as these
structures are going to make an impact on surrounding natural resources such as
rivers or oceans. But that’s not true about buildings, especially the residential
or commercial category. Because these are one-time things & humans will be
occupying them & nor machines & no emissions of any hazardous gases or
chemicals is there. And most importantly, all these buildings are not alien to
the land or place as they are going to be there has already been
predicted by the local body/ govt via a document named, Development Plan via
which every single home gets sanctioned & built. So, in advance you know
how many sq ft of construction can be done on any particular land under a DP
& how many people are going to be living in any building & you know
what is the scene on the ground before any such building comes in for sanction.
This is why we prepare a DP, & if any development is pertaining
to the DP, then where is the question of analysing its impact on the
environment or surrounding by any buildings which are being built as per DP, is
my question, which must be asked by the real estate fraternity to Hon. Court,
is my plea!
And what we call as violation is lapse in
process of issuing the EC by the local committees formed for the same which
asks questions like how many people will be living here, what about their water
supply, how many cars will be here, their parking, drainage water recycle &
reuse, garbage of these projects’ & all such which are already covered (or
supposed to be covered) in the DP of a city or town by local authority as
that’s their responsibility & not the builders! Rather if you want to ask for EC then ask to the concerned public body
such as PMC, PCMC, PMRDA as they are the people who have prepared
Development Plan of a city & are supposed to take in to consideration
impact of the development on the environment & not some builder who is
getting sanction for his project by signing all the one-sided conditions put on
his head by the govt & yet face violation cases, while the govt has taken
money for sanctioning every single sq ft it has sanctioned & has
anticipated this development via DP, right? On one side we beat drums of ease
of doing business & on other side we make the real estate industry as
scapegoat caught in the scissor of which one blade is Supreme Court &
another is NGT & the govt is like operating this scissor as per its will
& convenience. As where the govt wants it gets away without a scratch, may
it be polluting rivers, encroachment on hills, water supply issues or poor
public transport giving rise to private vehicles & pollution they cause
& hundreds of such but never comes between the scissor named law then why
only real estate, is my question to all! I repeat, I am not against the environment, no
sane man can be, but its high time to define responsibilities when its
conservation or damage to the environment which must be the main object of Hon
SC & NGT & not target some entity as real estate, is my sharing about!
Coming to news about demolition of bungalows
in blue flood line of removal, on my engg college’s whatsap group ghamasan
(furious) battle of opinions was going on as few taking side of bungalow owners
as they have put their lives’ saving in these homes & few are saying
demolition is right thing. I must say an illegal act is illegal, if a poor man
does it or a rich man does it, but! This "but" must be taken into
consideration by the NGT or SC or say our law system as motive or crime is the
most important aspect in any judicial proceedings, is what my GK is! And no
common-man will do any illegal thing especially when it’s related to his or her
home as that’s something to deer for everybody to lose! Problem is, may it be an illegal slum in river or on hill or a plush
bungalow in same location, it's not the person who lives here is culprit but
the entire system which makes (read as force) him live here & allows him to
start living is the criminal but victim becomes the one who ends up spending
his all earnings yet ends up as homeless! I am not taking side of encroachments but time & again we have
failed to provide homes to every needy one as per his budget & outcome is,
such illegal homes which indeed are encroachment on nature & must be
demolished but in doing so my only question is, are we doing justice or just
giving punishments to some scapegoats’? To my knowledge not a single slum has been
removed from any such encroached land then why the law is not being applicable
to every segment with the same intensity, as this is what makes people not to
respect the lawmakers & law protectors! At the same time, there was third
news where last year’s flood has damaged many homes which also are in blue line
but they are there before blue line is marked (so they are legal, joke but
that’s fact) & the very same govt is making amendments for these home’s
redevelopment & allow construction in blue line for this particular case,
is what the news said & the then Chief Minister himself has agreed to this
proposal is also mentioned, I will be super interested/ curios what will be Hon
NGT & SC’s stand on this proposal!
Guys, I have immense respect for law & the
judicial system of our country but I think, when its balancing environment
& life, we must strike a balanced line in between as we won’t be able to
save the environment by naming some entity as guilty & punishing it but
only by accommodating everybody for the cause & making right laws for the
same, adios with this note!
-
Sanjay Deshpande
Sanjeevani Dev.
Please view my sharing about finding a Right Home/ Office in Pune, at
YouTube link below & share if liked...
https://youtu.be/27j3I3rwGPQ?si=-ODYBxVI2Dl_C345
Please do visit my blog links below to read
about real estate & home buying!
https://visonoflife.blogspot.com/2024/12/right-home-buying-in-2025.html
https://jivnachadrushtikon.blogspot.com/2024/12/2025.html
Creating Togetherness; team Sanjeevani Way (Click link below)
https://www.flickr.com/photos/65629150@N06/albums/72157627904681345
For any of your complaints about city, log in at link below
www.punecorporation.org
Think Green, Think Life
www.sanjeevanideve.com
/ https://junglebelles.in/
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