Friday, February 17, 2017

Are HACA checklists interpreted subjectively?

I was going through the HACA (Hill Area Conservation Act of TamilNadu) related information. I am beginning to wonder if the rules and checklists are made in such a way to keep it open for interpretation.

Many a person has told me that some of the Government rules are so open to interpretation that the officials are at times misusing it to extract bribes from applicants.

This is Town and Country Planning Department's own checklist document : http://www.tn.gov.in/tcp/checklist/checklist_building_HACA.pdf

Point #4 is great! It ensures that the land in case is not abused by anyone for unintended purposes.

Go over to point #13 ... what does this even mean? "Site lies within a distance of 500m from the boundary of live stone crusher unit"

It is half a kilometer for heavens sake! If the person applying for a stone crusher unit is questioned, it is fine. Why would you want to question a person applying to construct a normal building?

Now, point #14 ... "Site lies within a distance of 150m from the boundary of reserve Forest"

OK ... you do not want me to fall prey to wild animals from the reserve forest. I get the point. But firstly, who fixes the 150m boundary. Can a leopard or an elephant not cross the 150m distance in a couple of seconds, if it decides to attack me? Basic knowledge of physics and newton's laws regarding bodies in motion say they can!

Let's say, I am the applicant and I say 'Yes' for both these questions. What next? This is where the subjective interpretation and possibility for bribes happen.

I am not generalizing the checklist and rubbishing it. Some other points like #10 (If the site lies within a distance of 30m from Railway property boundary NOC from Railways has to be obtained) - This is clean interpretation and also makes the applicant aware of what needs to be done.

Is there little wonder that many who are constructing buildings and houses complain of harassment from various departments with such subjective interpretations?

Hey, but do go through the checklist. I am also beginning to think who will go and construct something if they have to obtain from 15+ departments and officials for making a simple building!! :)

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