MUMBAI PORT TRUST

ESTATE DEPARTMENT

  Minutes of Interactive Meeting with Tenants/Lessees held on 06.11.2008 at 3.00 pm

          As a part of the observance of the Vigilance Awareness Week, the Vigilance Department scheduled a meeting with the tenants and lessees of the Mumbai Port Trust at 3.00 PM on 6.11.2008 in the Conference Hall.  Two representatives of the Darukhana Iron & Steel Merchants Association and two representatives from the Mahim Reti Bunder as well as one tenant from Malet Bunder were present. Besides the officers of the Estate Department, four officers from the Vigilance Department and an officer of the Accounts Department were present. 

2.       At the outset, the EM read out the message from the Central Vigilance Commission and impressed upon the users that, besides the employees, the users could also make use of the Government of India resolution on ‘Public Interest Disclosure and Protection of Informer’, whereby the identity of the complainant/whistle-blower is protected, and approach the Central Vigilance Commission without any fear of being harassed or victimized by the Estate Department officials.  The EM also requested the users to share the problems and issues they confront on their dealings with the department as well as to indicate suggestions, which according to them would improve functioning of the Estate Department. 

3.1     The representatives of DISMA made following points: 

(i)      Slum-dwellers and hawkers have encroached upon the pavements and roads in the area, blocking even the entrance of establishments of some of the tenants/lessees.  Though removal program is held once in two months or so, the slums and hawkers are back the very next day.  As hardly 400 out of 1800 slums at P D’ Mello road were rehabilitated, the rest of the slum-dwellers, including illegal Bangladeshi immigrants have come over to Port Trust areas, including waterfront.  Unless effective action is immediately taken, the situation will deteriorate further and the port land will be entirely occupied by such unauthorized persons. 

(ii)      The condition of roads in the area is very bad.  The Port Trust is not maintaining the roads even though almost all the lessees and tenants have paid arrears of rent in terms of Supreme Court orders.  Alternatively, the MCGM be handed over the roads for maintenance, which the MCGM Commissioner had agreed to consider during discussion.

(iii)     Though all dues in terms of Supreme Court orders have been paid, permission for repairs are not being granted on the ground that the occupations are not yet regularized.  Even tenantable repairs, which do not require the permission of even MCGM, are not being allowed to be carried out by the MbPT, causing grave inconvenience to the tenants/lessees.

(iv)     Inspectors often report of breaches of unauthorized construction without appreciating that the work being carried out are of the nature of tenantable repairs.  All the constructions being 40-50 years old, it is not possible to produce copies of the old approved plans, etc.  As and when the MbPT informs the MCGM of any unauthorized works, the MCGM carry out demolition without even verifying as to whether the work being carried out are of the nature of tenantable repairs or not.  This is causing severe financial losses to the tenants and lessees.

(v)      Whenever a breach is reported, the MbPT writes to the party to remove the same, etc.  However, the financial consequences of the continuance of the breach are not indicated.  The tenant/ lessee would come to know of the heavy additional rent being claimed towards the breach only when they get the liability statement.  The tenant/lessee be also informed of the financial consequences of the breach when they are being advised to remove the breaches.

(vi)     Audited liability statements be furnished to the tenants/lessees who have not yet been furnished the same.  Similarly, the regularization of occupations in terms of the Supreme Court orders be expedited.

(vii)     Construct Public Toilets or allow construction of Public Toilets by the MCGM through Corporator’s Fund, etc.

(viii)    There used to be considerable delays in encashing the cheques deposited towards monthly rent/compensation.  In the interest of the Port itself, such delays be obviated. 

3.2     The representatives of Mahim Reti Bunder made following points: 

(i)       Provide water and electricity connections to tenants.

(ii)      Transfer of tenancies is not being effected even though all arrears have been paid by the tenants/lessees.

(iii)      Remove unauthorized occupants and provide security.

(iv)      Allot vacant space on casual occupancy basis at normal rates

(v)       Ensure that no debris/garbage is dumped in the area.

3.3     The representative of tenants at Port Trust Building at Malet Bunder made following points: 

(i)        Garbage is not being removed for weeks together.

(ii)        Water Supply is inadequate.

(iii)        Unauthorized persons are misusing toilets.

(iv)        Provide security as thefts have gone up.

(v)         Allow the tenants to beautify the area. 

3.4     The tenants/lessees also complained that monthly bills are often received late and suggested to dispatch them by courier. 

3.5     The tenants/lessees also suggested that similar meetings be held periodically. 

4.1          Responding to the issues raised, following clarifications/assurances were given: 

(i)       The roads and pavements are under the jurisdiction of the Civil Engineering Department.  Waterfront is mostly within the administrative control of the Traffic Department.  The Estate Department initiates removal action for any encroachment within the vacant plots under its administrative control.  Together with other concerned departments, a campaign for removal of all the encroachments within the Port areas would be launched and frequent, say at least once a week, removal action will be taken at all the areas, which are prone to encroachment.  The tenants and lessees may also keep the Chief Security Officer, who co-ordinates the removal action, informed as and when any encroachment take place.

(ii)      The Civil Engineering department has already initiated action to undertake restoration/repairs to the roads at Darukhana area at a cost of about Rs.50lakh.  In case the MCGM conveys its willingness to undertake repairs to roads within the MbPT areas, the Port would consider the issues involved and take appropriate decision.

(iii)     Permission to carry out repairs would be granted to occupations in respect of which no breaches have been reported and all payments in terms of Supreme Court orders have been received, within a reasonable time, say two weeks of receipt of the request with requisite documents.  

(iv)     The feasibility of permitting tenantable repairs or/and certain other repairs without the need to obtain prior permission of the MbPT would be examined vis-à-vis the requirements under the lease/tenancy terms.  In order to obviate any wrong reporting of unauthorized constructions, the tenants/lessees may keep the Estate Department informed in writing of the work proposed to be carried out at least a week in advance.  The department may advice the tenant/lessee not to go ahead with the work if it is felt that the matter required to be examined in greater detail.  In any case, the final ‘No Objection’ or denial of permission or terms and conditions to permit the proposed work would be conveyed to the tenant/lessee within another two weeks.

(v)      The feasibility of indicating ‘without prejudice’ the financial consequences (i.e. additional rent, premium or/and penalty) of perpetuating with the breach in the communication urging the tenants/lessees to remove the breaches would be examined and a decision taken shortly.

(vi)     Efforts will be taken to furnish audited liability statements in all cases where self-declarations as regards breaches and actual occupants have been received, latest by 31.12.2008.  Those lessees/tenants who have not yet submitted the self-declarations as regards breaches, if any, committed/existing after 10.3.2004 are requested to submit the same.  Action Plan to complete regularization of the occupations, by 31.1.2009, in favour of the original lessee/tenant, in conformity with the Supreme Court judgement, is being finalized.  The cases involving transfer/ assignment will have to be dealt with separately

(vii)    The Port cannot be expected to construct more public toilets in its landed estate as it would be construed as supporting proliferation of slums/encroachments, when the administration has been taking the stand that they should be relocated.  Similarly, the question of permitting construction of Public Toilets by the MCGM, etc. within the Port estate will have to be examined by the CE in consultation with the TM/EM, duly considering the long term developmental plans of the Port.

(viii)    It will be ensured that the cheques furnished towards monthly rent/compensation, service tax, etc. are either deposited or returned within two weeks of receipt thereof.  

(ix)     It will not be possible for the MbPT to provide water and electricity supply at isolated pockets like Mahim Bunder, Worli Bunder, etc.  The tenants/lessees will have to approach the MCGM or the concerned service provider for the purpose.

(x)      The applications for transfer of leases/tenancies, indicating willingness of both the transferor and the transferee to adhere to the Board’s policies in the matter and make necessary payments, including enhanced rent based on 6% return on values as per Stamp Duty Ready Reckoner would be processed for orders of the competent authority within three months of receipt of the request, complete in all respects.

(xi)     While the MbPT would endeavour to remove encroachers from time to time, the tenants should also assist themselves and the Port by deploying adequate security in their areas.

(xii)    A decision has already been taken to allot additional, vacant areas at Mahim Bunder, on casual occupancy basis, to the tenants on record.

(xiii)    Unauthorised dumping of debris at Mahim Bunder has been taken up with the MCGM.  Any recurrence thereof may be reported to the Divisional Manager immediately.

(xiv)    Measures to improve the situation at Malet Bunder will be initiated in consultation with the CE/TM.

(xv)    A proposal to permit beautification of surroundings/pavements, etc. by the tenants/lessees is being formulated and would be announced by 31.12.2008.

(xvi)    Feasibility of sending monthly bills by couriers/speed-post would be examined and finalized by 31.12.2008. 

4.2     The suggestion to hold periodical meetings with lessees and tenants was welcomed by all the officials present and it was accordingly decided that such meetings be held on second Friday of every alternate month in the Conference Hall at 3.00PM, when the representatives of all the concerned departments would also be requested to be present.