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Construction Mafia and Delhi

Uncivil behaviour is considered to be one of the main factors behind feelings of insecurity and fear among society. Uncivil behaviours also are an indication of the first level of delinquency and have the potential to develop into a formidable threat to the very existence let alone the growth of cohesive social structures. Looking back at the recent history of Delhi, incidents like rash driving, street brawls, sex crimes and vandalism are consistently on the rise. And other cities in the country are only emulating the disastrous example set by the national capital. Increasingly the resistance to such matters is also becoming like act itselfvehement and cynical. From Jessica Lal and Priyadarshini Mattoo murder trial to the issue of the sealing drive of illegally running commercial establishments in residential localities. For every killing people seek death penalty while complete demolition or absolute amnesty is the respective answer from pro and anti sealing lobbies. Inability of the system to deal effectively with such problems is beginning to look more like connivance of people put in authority to curb such activities. Hardcore crimes like murder and rape may not be so common as in several other world societies but various civil irregularities like illegal construction have been committed at such mass level and in a fairly planned manner that the complicity of authorities is more than
PK/ATL/MFA/NOV(10)

evident. Rules have been flouted. Punitive action has been delayed so long that the city has more unauthorised construction than the legal. With confusing signals emanating from the administrative authorities the vast majority of law abiding citizens of Delhi seem accustomed if not resigned to an uncomfortable coexistence with the recurrent instances of lawless activities in the capital city. Stiff resistance to sealing of commercial activity running illegally in areas designated for residential purpose has only distressed the conditions for those who have may have chosen to remain on the right side of the law. Not only at the level of people who are accused of the crime but those who were to keep a check on illegal land use have been dilly-dallying the matters. People have grown used to the impunity which appears to preside over such acts. But clearly the inability of the judicial system also to deal decisively with these relatively lesser offences will only leave open a potential avenue for situation to flourish into hardcore criminal activities over a period of time. A society can never be entirely free of crime. But crime also can not be allowed to become a norm. Society has a right to protect itself from those who wish to undermine it through crime and felony, and has lawful
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instruments at its disposal to do so. If the preventive mechanism fails, the society can always turn to judiciary. But even judicial activism has failed to deal with the matters of issues like ceasing of the illegal commercial activities in residential colonies of Delhi. Unfortunately the final word on dealing with crime of any level in India does not lie with the judicial system. It has been usurped by the elected bodies that have shown their vulnerability time and again. Not so long ago in September 2004, a southern Italian mayor resigned after a campaign of intimidation blamed on local mafia. Rocco Cassone, the mayor of Villa San Giovanni was opposed to the building of a bridge between Sicily and the mainland. The bridge that caused the departure of Rocco was believed to be a project favouring the Calabrian mafia locally known as 'Ndrangheta. 'Ndrangheta, a crime syndicate that rivals the Sicilian Cosa Nostra, is feared as Italy's most dangerous mafia. No less than Silvio Berlusconi's government in Rome was seen intensely lobbying for the project in the European parliament. EU in April 2004 gave the goahead for the scheme to qualify for EU funding. A one time bunch of local hoodlums, the 'Ndrangheta now have an organized

structure along with growing resources and influence. No wonder then when Italian police in February this year impounded an entire neighbourhood built illegally on the outskirts of Naples investigators did not take time in connecting this to mafia wealth in the city. Police sealed off 50 new buildings containing more than 300 flats as well as 22 small villas that appeared on broccoli fields in Casalnuovo, on the rural fringes of Naples' sprawling suburbs. One may think that similar feet can not be replicated here in India especially after the promised satellite imagery surveillance comes in to force but picture this. Despite the satellite monitoring the current rate of unlicensed building in the region is believed to be about 6 new houses a day An amnesty scheme can only increase the sense of impunity with which the illegal buildings have come up in Delhi. And with suspected connivance of elected representatives to the various civic bodies the illegal construction and amnesty may only keep on repeating itself. Plagued by illegal construction since Second World War, Italy has not been able to even contain, let alone put a stop to the unauthorized building activity. By offering clemency to aberrant section the elected bodies have not only given a clean chit to the abettors of unlawful use of earmarked land and property but they have put in question the very process and logic of proposing and enacting laws.

Delhi suffers from yet another ailment of multiplying illegal vehicle parking. Directly linked with the illegal commercial activity, the burgeoning number of car and scooter parking lots are taking over parks in local shopping complexes suffocating green lungs in the area. Wherever parks are not available simply footpaths are encroached squeezing pedestrian space with impunity. Urban planning seems to have been taken over by criminals. While the city seems to have fallen in the hands of land mafia one may take comfort in the fact that these operators are not so well organised and exist in very small and scattered groups. They however have ample financial muscle and hence are able to arrange enough political patronage. The recent resistance to sealing drive has thrown up major challenges for the society. Anti sealing lobby demonstrated not only political but also physical might when one of the early demonstrations in east Delhi district at Seelampur turned violent where three people were killed. The violence clearly seemed orchestrated. Not so surprising hence that it was not repeated in the following days even as antisealing lobby gained momentum and strength. In the days to come more political muscle was flexed by the construction mafia and city planning was turned on its head by the administration. Laws were changed to accommodate illegal structures with retrospective effect. Municipal Corporation of Delhi, the state assembly
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and even the Parliament hurriedly cleared bills to enact new laws to safeguard the criminal element of society. The alacrity shown by the elected bodies in the matter has not surprised many. For long now people have known this truck between crime and politics. Current events have merely removed the wrap for all to see the intimacy between the two. It is indeed dangerous that the elected representative has succumbed to a pressure that clearly is not from law abiding citizen. The issue now is not limited to minor delinquent acts. We are in the time of major social churning. The society as a whole may be on the way to becoming delinquent. With laws like plea bargaining, and committees recommending taking adultery out of the ambit of criminal activity we seem to be moving fast towards a buy-all, sell-all society. What it augurs is for time to tell but one thing is clearly visible that the threshold level against crime, in the present Indian society, is on the rise.

PK/ATL/MFA/NOV(10)

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