( Reproduced from Times of India September 10, 2008 page 2 )

ILLEGAL CHOWKIES
Govt’s bail-out try in vain as HC talks tough

Swati Deshpande | TNN

Mumbai: Even as the controversy over illegal chowkies continues to haunt the Mumbai police department, the state government recently came out with an order to bail out the cops and regularise the 100-odd illegal chowkies that still remain to be demolished.

On August 28, the state government quietly accepted a proposal made by the BMC to modify the Development Control Rules and make “police beat chowkies permissible on any roads or reservations, subject to other conditions’’. The state directed the BMC to invite objections and suggestions within 90 days.

The modification says the government may develop chowkies or may “allow the owner to develop the same on plots designated or reserved for the purpose in the Development Plan’’. It adds that the development may even be at suitable locations and niches that are “reserved for other purposes or amenities in the DP’’, subject to government approval and certain conditions.

The conditions are that the maximum area shall be 20 sq mt and that “such structures shall not be allowed on the carriageway of any road and may be allowed on the footpath by leaving a minimum of five feet for pedestrian movement’’.

LONG ARM OF THE EXCAVATOR: File photo of an illegal police chowky being demolished at Khar following earlier orders from the court. >>>>

While the modification was presented to the Bombay High Court, the HC would have none of it. On Tuesday, it asked the police commissioner to personally file an affidavit setting a firm date by when the remaining illegal chowkies will be demolished. “The police had asked for six months time and we gave it. Now set a fixed date,’’ said a bench comprising Justice Bilal Nazki and Justice Ashutosh Kumbhakoni.

There are still 117 illegal chowkies on footpaths and roads. “We will not allow any structures on roads, including police chowkies, to be regularised,’’ the judges said.

Public prosecutor Satish Borulkar submitted an affidavit, filed by joint police commissioner (administration) Bhagwant More, which said that after the court granted an extension of four weeks on July 24 for the demolitions, the police had made “sincere efforts to find alternative sites to relocate the chowkies’’. He attributed the delay in demolitions to the “more sensitive bandobast duties during festivals like Ganpati, the Holy month of Ramzan etc.’’ The affidavit added, “The entire police force was also busy because of the tense atmosphere created by bomb blasts elsewhere in the country.’’

The issue of illegal police chowkies came into focus when I K Chhugani filed a PIL seeking their demolition since they were mostly sponsored by private parties, usually builders. Chowkies were also deemed illegal as they were encroaching on roads and footpaths and had no permission.

Chhugani has now said that if the skywalk at Bandra can generate Rs 79 crore in advertisements, as an ex-marketing man he is convinced that he can generate Rs 100 crore annually through advertisements on police chowkies.

( This is like shadow boxing or fooling the public, utter strong words against the police or Government officials & thereafter quitely pass orders to help the corrupt ... Classic example is what they said on 8th September (above) and what they did on 11th September (below ) accepted all stupid explanations & allowed 6 months in 1 minute.... No Qs asked, like "Last time U asked for 6 months U demolished only 20 out of 137 ... Or Ganpati and Ramzan came in August, U were given 6 months on 25th January 2008, i. e till July 24th 2008" ... IKC)

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( Reproduced from Times of India September 12, 2008 page 13)

HC relief for policemen over razing of illegal chowkies

Mumbai: The Bombay high court on Thursday gave the city police an extension of six months to complete the demolition of over 100 illegal police chowkies. The court also appointed additional solicitor general R Raghuvanshi as an amicus curiae to assist the court in a PIL filed by I K Chhugani, a resident of Khar, who had sought the demolition of 269 illegal chowkies which had been erected on footpaths or were obstructing roads and had mostly been sponsored by private parties including builders.

Police commissioner Hasan Gafoor, submitted his affidavit as asked by the court, and sought an additional six months for demolition after expressing difficulty in finding time to demolish the chowkies.

In January, th police had decided to undertake a demolition of 137 chowkies on a priority basis. However, only 20 have been demolished so far.

Chhugani who has appeared before the court in person, nine times since June this year, on Thursday got into an altercation with Justice Bilal Nazki who was hearing the matter along with Justice Ashutosh Kumbhakoni. The judge asked Chhugani not to speak and appoint a lawyer instead. When he refused, the judge asked him to take the matter to the SC. He refused that too and attracted the judge’s ire when he questioned the public prosecutor’s ability in guiding the court. The judge asked him not to argue the matter and asked Raghuvanshi to assist the court. TNN


( The Public Prosecutor utters lies at every hearing, which the Judges relish and do not like me bringing out the truth. The truth is Rs 2-3 Cr kickbacks received EVERY MONTH from ad agencies, who have been allowed ads at every intersection, without any official fees to police ... The plan is to get I K Chhugani out, and get a friendly lawyer to mess the petition up ... IKC)

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