In nine seconds, the Noida twin towers, the symbol of corruption and nexus between bureaucrats and the building mafia, were razed to the ground. People clapped as the structure came down, since it symbolized the victory of truth over evil. It also ended the decade-long legal battle over the issue.
While this goes well with the mood of new India that seeks to punish the guilty, it is also time to introspect whether or not we are fit to be members of common living. People migrating from their posh kothis into societies run by Resident Welfare Associations fail to leave back their feudal mindset. They create problems in common living as was the case in a recent scuffle in a Noida society.
There is no doubt that the demolition of the structure that was taller than Delhi’s Qutub Minar (40 storey or 100 metres) is symbolic of India’s fight against corruption. Kudos to the Allahabad High Court and the Supreme Court of India, that they were unsparing to the mafia. This would go a long way in empowering common citizens and may start a campaign against corruption and encroachment, particularly in societies run by RWAs.
This new intolerance shows the mood in new India and marks a decisive shift from the time when people would say why waste so much of resources and one time exception could be given after imposing fine. The towers worth more than Rs 500 Crore was razed to the ground with the contempt that it deserved. This is zero tolerance.
This mood is in complete alignment with the mood of Prime Minister Narendra Modi to try to stem corruption at the highest level and of Uttar Pradesh chief minister Yogi Adityanath whose bulldozers have become pain for the mafias. Illegal colonies and structures have been brought to the ground in Uttar Pradesh to send a strong message that the State would not tolerate. The common man in UP believes that if you complain to the chief minister, action would follow. The days of the mafias that used to capture vacant properties in Noida and elsewhere is numbered.
Full credit must be given to Emerald Court Owner Resident Welfare Association that took up the case without fear and refused to be cowed down. Each office bearer must have felt the fear of physical harm and harassment since these builders also have support of the local mafias. They deserve full credit and their fight would inspire other RWAs that might think they do not have the powers to stem the rot. The apex court gave the RWA a compensation of Rs 2 crore.
Now what? People would keenly watch action taken against officials responsible for the twin towers. The society wants legitimate action against the guilty so that it sends a good signal to building mafia and conniving officials that the action would not stop merely at demolishing the structures. The edifice of corruption represented by the nexus needs to be demolished too.
People are unsparing of corruption but when it comes to taking action against the corrupt, the society takes a soft approach. The person involved may belong to my caste or clan or he may be a member of a politically significant group and hence harsh punishment cannot be administered. It is in this context that Narendra Modi while addressing the nation from the ramparts of the Red Fort on 15 August 2022 had sought support of countrymen for a decisive fight against corruption and nepotism. The time to punish the guilty has come.
The Supreme Court had ordered demolition of the Twin towers in Sector 93A of Noida in its judgement in August 2021. It had also directed the state government to form a SIT (Special Investigation Team) to investigate and find out nexus between the builder and officials of NOIDA authority and take action against the guilty.
An understanding of the guilt would help other RWAs to take up similar action. The builder Supertech had promised green space in front of Tower One in its original building plan. It got permission from the Authority to construct Twin Towers in that green space–Towers 16 and 17by buying additional floor areas. The consent of residents for any change in such a plan is mandatory but it was not taken by the builder. Besides occupying the green space, it also blocked “view, fresh air and sunlight” of residents in the adjoining towers. The Supreme Court has held that the consent of existing flat owners in the Emerald Housing Scheme and of the RWA was necessary for such a construction.
The SIT was quick in action. Within a month it identified 26 officials of Noida Authority as involved in the nefarious exercise. Worth noting that the SIT was set up within two days of the Apex Court’s judgment. Yogi Adityanath demonstrated an equally keen desire to fight against corruption and promised strict action against those found guilty. The SIT found 26 officials involved in giving approval to the builder to change the building plan and the illegal construction of the twin towers. Of these, 20 have retired, two are dead and four were suspended from service. A case was registered against four directors of Supertech on 4 October 2021. The list of officials included two CEOs, one additional CEO and one OSD.
People now are curious to know what actions would be taken against the guilty. And why should there be a delay in initiating criminal action against them for misusing official authority to give benefits to a builder in exchange for money. Their assets and accountability need to be fixed and maximum punishment needs to be given to the guilty. The Yogi government is certain to act on these fronts as the general people expect that the case be taken to its logical conclusions.
In fact, all such actions such as demolition of twin towers or demolition of illegal structures by the Yogi government should help in fostering a conscious and sensitive society where people know their rights and limitations. The tragedy is RWAs in most societies are weak and they prefer to compromise rather than take on the fight. In all such societies, residents who think they are powerful capture the open space meant for common living. The RWAs look the other way and individual members who raise the issue get silenced due to the mammoth efforts required to get illegal structures removed.
The recent incident in a Noida society where a resident used his cloud notoriously was waiting to be exposed. A lady dared to call his bluff and he is now facing problems on many counts. This incident also encouraged many people to have a similar drive in their societies. The tragedy is that some people want to enjoy the benefits of common living but they are also among the first violators for some extra space at the cost of others.
The government too has to devise a way to bring some sanity in the human desire to capture extra territory or space at the cost of others. Residents feel that giving a complaint is not easy and that the administration would not act. Most of the time those who capture common space are the ones supposed to be very influential- politicians, retired bureaucrats including police people and media persons. To make the system move against these people is really very tough.
The one easy way is to empower the RWAs. Often a resident would move courts leading to a cumbersome process. Even in open and shut cases of violations of common norms, the Courts a take lot of time in administering justice. This puts an extra burden on the RWA forcing them to opt out for an easy way which is to look the other way.
One often wonders why one does one not find any violation of building norms in Chandigarh. This is because the administration acts tough and whosoever and whatsoever one may be all are equal before the law. In India too, like in some progressive countries, momentum is gaining to recover cost of demolition of illegal structures from the violators. Why should the State bear the cost?