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Cop clearance for societies a must to prevent terror attacks, but perpetrators got by this to rent flats around Colaba

A view of Nariman House during the terrorist hold-up and soldiers during the shootout Pics/Gajanan Khergamker

The terrorists lived in and around Colaba apparently posing as students to "study the place" before launching the final blitzkrieg. This fetches once again to the fore the role of the local police and area's cooperative housing societies in particular, towards permitting foreign nationals or Indian nationals without credentials to avail residence.

Most cooperative housing societies maintain, at least on paper, that it's the job of the local police to provide a No-Objection Certificate/Police Clearance Certificate to the 'owner' of the premises on a form/letter detailing the photo credentials of the inmates to be permitted to stay.

What the police usually do is provide a stamped "acknowledgement" of the receipt of the request provided to them asking for a No-Objection Certificate/Police Clearance Certificate without actually doing any kind of groundwork to ascertain their credentials. The owner, on his part, transports the same "acknowledged" letter and gives a copy to the housing society whose secretary promptly issues a No-Objection Certificate to the owner to lease out the place to the tenants.

But what actually takes place is a game of passing the buck. The housing society's secretary, unwilling to take on any responsibility, passes it onto the owner of the premises who passes it to the police, who complete the circle by giving an "acknowledgement" of the request for an NOC. The process, though legally incomplete, is conveniently considered sufficient for the purpose of leasing out the property that fetches hefty sums of income to the owner, especially if located in South Mumbai.

The fact that the police "NOC" comes without any verification is substantiated by a spurt in similar "verifications" across the city for subletting flats and premises that "can't be sub-let or leased out by law itself". As Kandivali's Thakur Complex-based Jinal CHS secretary M R Rao says, "A lot of our flats are state government flats that just can't be leased out, sublet or given out on rent. However, on several occasions, the occupants or their proposed 'tenants' or 'sub-lessees' approach us with the NOCs from the local police station which doesn't even bother checking from the society whether the flats/premises in question are capable of being leased/rented out in the very first place."

Tired of writing on several occasions to the police on the issue, Rao says, "The police tell us that they can provide a No-Objection Certificate to the occupant/tenant without an accompanying NOC from the society to indicate the premises are clear and capable of being sub-let."

Technically, a No-Objection Certificate/Police Clearance can't be conditional and only acknowledges that the possessor of the letter is of good character; does not have a police record and has a permanent address/local guardian to support. But then, all this requires hard work on the part of the local police, who'd be happier doing nothing at all.

"Will the police indemnify us against losses incurred on account of the tenant/s defaulting; creating a nuisance. Or guarantee that the tenant isn't a terrorist who'd do a stunt like Nariman House? No chance, right?" maintains Rao. A little prudence exercised by the local police and housing societies could go a long way into preventing a Nariman House-like tragedy and actually help save lives

Legally Speaking

According to the Cooperative Housing Society Model Bye-law No 43

(1) Sub-letting by a member is not permissible except under the Society's permission
(2) No member shall be permitted by the Committee to sub-let, give on leave and license basis or caretaker basis his flat or any part thereof or part with its possession in any manner unless:

He has made an application in the prescribed form;

He has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker or possessor in the prescribed form;

His application contains the undertaking that he shall, by joining the society as a party to the proceedings, initiate necessary legal proceedings against the sub-lettee, licensee, caretaker or possessor, on his failure to get vacant possession of the flat or part thereof on expiry of the period of sub-letting, giving on leave and licence or caretaker basis the flat or part thereof or parting with its possession in any other manner and meet the cost of the legal proceedings required to be incurred by the society;

He shall pay the charges of the society every month during the period of sub-letting, licence etc;

He shall pay non-occupancy charges to the society.