Rti help for open space in mumbai

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Times of India, Mumbai edn 25-08-08, as reported
by Viju B.

OPEN SPACES
RTI order boosts drive against encroachments

Viju B I TNN

Mumbai: The battle for the much needed open spaces in the city has got a big boost from the RTI Act. For the first time, the State Information Commission (SIC) has not only directed the civic authorities to provide information under the RTI Act but also asked the BMC to stop the misuse of open space in the case of illegal encroachment by a Santa Cruz hotel.
While passing the order, Mumbai information commissioner Ramanand Tiwari directed the BMC to inform the commission about the compliance of the order and also stop the misuse of open space.
The SIC order has come as a big relief to 78-year-old Santa Cruz resident, Mahesh Shandilya, who had been fighting against a hotel situated in his housing society. The commercial establishment had encroached upon the premises by setting up a water storage facility near the entrance.
Members of Geetika Cooperative Housing Society had earlier lodged complaints with the police and the local ward office against the hotel, situated on the ground floor. “The hotel had made unauthorised changes in the ground floor flat and was also using the society’s open space without taking any permission from the general body of the society,’’ said Shandilya, who stays on the building’s first floor.
The society members, most of them senior citizens, said their complaints evinced no response from the authorities.
Shandliya then filed an RTI query with the BMC last year, asking what action had been taken following his compliant. “But I did not receive any response. So I had to file a first appeal,’’ Shandliya said.
When he did not receive any reply from the appellate authority, he filed a second appeal with the SIC. When the case came up for hearing, the SIC noted that is was clear that no serious attempt was made to attend to the complaint.
“The executive engineer (building proposal) said the file which was shown as proof of approval for alterations was not traceable. But the medical officer of H-West ward had informed the appellant that necessary action was taken against the hotel,’’ the SIC order said.
The SIC noted that societies were required to leave open spaces for movement and recreation. “The situation should not be allowed to continue at the cost of convenience of the society members who are owners of the open space and the building, ‘’ the order said.
“This order shows that the RTI Act can be used to stop encroachments and save the remaining open spaces,’’ RTI activist Shailesh Gandhi said.
viju.balanarayanan@timesgroup.com