Here's how the BMC gets a bad name

Officials bend the rules, allow a restaurant to run on a tea-stall's license

Officials bend the rules, allow a restaurant to run on a tea-stall's license

Residents of sector 2, Kandivali (W), were in for an unpleasant surprise when they made inquiries about an alleged encroachment on public space in their neighbourhood. Turned out that the man allegedly responsible was their local BMC official, assistant engineer Manoj Kamath.

This used to be a tea-stall, until it was made into a restaurant without permission

When they filed an RTI, the response (Sunday MiD DAY has a copy), revealed that the encroaching eatery was running on a tea stall license issued in the name of the BMC engineer's wife: Neha Manoj Kamath.

Local activist and RTI complainant, Reji Abraham, president of United Association for Social Education and Public Welfare says it took him over six months to collect paperwork implicating the accused. "Higher-up officials have been shielding Kamath. I have copies of statements issued by the BMC officials that the illegal structure has been removed, but I have photographs showing this to be false," he says.

When contacted, Manoj Kamath brushed aside the allegations and stated that no illegal encroachments had been carried out by him. And, that though he did not have the requisite license for the eatery, it had been applied for.

Local Assistant Commissioner BMC (R South), V Shankarwar, says action had already been initiated against the establishment. "The controversial encroachment was apparently made on the pretext of a monsoon cover, which has to be eventually removed by whoever is running the establishment".

Shankarwar added that he was not aware of the discrepancy in the license and the actual nature of business being carried out, and directed the inquiry to his health department, which confirmed thatu00a0 the eatery was in fact conducting business on a tea stall license.

Investigations carried out by Sunday MiD DAY have revealed that Manoj Kamath was the first BMC official to be fined for not revealing information under the Right to Information Act.

Kamath, who worked in the buildings and factory department at H (West) ward, Bandra, before being transferred to Borivili/Dahisar area was ordered to pay Rs 25,000 and reveal the information within five days to the complainant, Aftab Siddiqui, chairperson of Advanced Locality Management (ALM) 144 in Khar (West).

"I had filed two complaints with the department at the ward alleging illegal construction in MK Building on 33rd Road. With no action taken, I filed an application under the RTI Act and Kamath, on behalf of the department, replied that his department did not have the requisite information," recalls Siddiqui.

Siddiqui eventually approached the commission on March 7, 2007, which heard the case and imposed a fine on Kamath; this has now become a landmark judgment in the RTI crusade.