‘Bldg plan order hides more than it reveals’

Revised Ruling Holds Back Info That Could Give Away Illegalities, Point Out Activists

    After reading the fine print of state information commissioner Ratnakar Gaikwad's revised order on revealing building plans, activist-architects claim it is withholding key information that could reveal wrongdoing. 
    Gaikwad had ordered on September 29 all public authorities in the state from providing building plans under the Right to Information Act. Following a report in TOI, he revised the order, defining what could be provided under RTI (see box). 
    Instead of saying what can be provided, he should have listed what is prohibited, fumed architect, town planner and civic activist P K Das. "It would have made his intention clear. There is no mention of floor plans, which is more detailed. A key plan is only a summary and submitted for ease of computation. There is no mention of site and layout plans, fungible FSI, plans for mandatory open space reservations and areas free of FSI in the order." 
    The new order is absurd, said architect Nitin Killawala, who had obtained construction plans of Metro lines 1 and 2 under RTI and exposed shortcomings based on which a PIL has been filed. "It specifies information which is irrelevant while withholding interlinked plans and documents which make intentions obvious," he said. 
    Gaikwad said his revised order is very exhaustive. "Please read my order dated November 21 very carefully. Even internal detailing/interiors can be insisted upon, provided public interest is made out by the information-seeker," he said. 
    The building proposal department of BMC is not the only authority on whose scrutiny IOD/CC are issued, said Killawala. It's job is to assimilate NOCs and sanctions from a maze of authorities and civil departments such as fire brigade, collector, assessment, traffic, etc. "Every department scrutinizes plans and documents independently and approves the same in the utmost corrupt manner," he added. 
    A PIL being heard now claims the NOCs granted by the city fire brigade instead of protecting lives, endangers lives and property. Documents were obtained under RTI. 
    Killawala said the concession report, which summarizes all the approvals as well as various scrutiny fees, premiums, deposits, etc. taken by the government, is not on the list of information to be issued, according to the revised report. 
    The FSI statement in isolation is not significant. "FSI-free areas are an integral part of the calculation and shown in the plans and area diagrams. As such, most violations happen in approving such FSI-free spaces," Killawala said. The plans, kept out by the revised order, are very important documents. 
    "The violations exposed by activists based on documents obtained through RTI are so serious it forced the BMC to change the Development Control Rules in 2011. Gaikwad must withdraw the order,'' he said. COVER-UP BID UNDER THE SUNSHINE LAW 
SEPT 29 SIC ORDER 
    Building plans and other documents pertaining to public buildings will not be disclosed as this could be a security threat. The public buildings include government and semi-government offices, hotels, gymkhanas, hospitals, malls, IT buildings, commercial buildings, etc. 
    Interior plans of private buildings will not be provided under RTI unless proved that the information is sought in public interest 
    Directive applies to all municipal corporations and councils in the state 
NOV 21 REV. ORDER 
The revised order allowed access to: 
    FSI statement Coverage statement Key plan showing marginal distances Parking statement Key plan showing areas given free of FSI under balconies, staircase passages, etc Cross section of building 
    IOD/CC Occupation Certificate & all other relevant details (except internal layout of the rooms in the building & interiors and internal detailing in the building) 
WHAT'S MISSING FROM NEW ORDER 
Activist-architects say: 
    FSI-free areas Quantum of fungible FSI and its distribution Floor plans Site plans Layout plans Concession files 
    Approvals from various departments/ agencies 
BMC'S STIFLING DEMAND 
The civic body says complaints about unauthorized structures must be accompanied with documentary evidence. Without it, complaints won't be entertained. With the RTI restrictions, how are they supposed to get documentary evidence, ask activists