No check on illegally running guest houses

KANPUR: The sealing drive by the Kanpur Development Authority (KDA), which started with much fanfare last month to seal guest houses in residential areas flouting norms, proved to be yet another eye-wash. The enforcement officials of KDA have so far managed to seal only a limited number of guest houses and 'Baratshaalas' in the city, while a majority of the unauthorised guest houses are operational in posh residential colonies creating problems for the residents.
Besides, the 5,000 watt music played on loudspeakers during the wedding parties held at these guest houses past midnight is making a mockery of the the Supreme Court ruling and declaration by the Central Ministry for Environment and Forestry prohibiting the use of loudspeakers in residential areas after 10 pm.
This has already evoked strong resentment among residents who have been demanding the closure or shifting of these guest houses to commercial areas. However, despite continuous complaints to local police station and KDA authorities, no action has been taken so far.
One such unauthorised guest house is being run on plot number 7/131 of the residential area in Swaroop Nagar. Earlier, under the Right to Information (RTI), one of the residents Deepak Singh Chauhan had sought what norms were required to run a guest house in Swaroop Nagar from the KDA.
The KDA in its reply to RTI application clearly mentioned that a notice was served to the owner of the house for illegally using the residential land for running a guest house and that the house on the given address was being used as residence at present. A declaration from the owner of the house had been taken and that KDA would initiate action against the house owner under section 27 of the UP Urban Scheme and Development Act 1973 if at all it was again found to be used against the resident land-use.
In yet another complaint letter by Deepak Singh to Join Secretary (Enforcement), it was mentioned that the information provided by KDA was not based on facts as the guest house was still functioning. "Neither was any reply received nor any action taken so much so that the guest house owner started illegal construction on the second floor," said the complainant.
As per KDA norms, a guest house in residential area should have a minimum area of 400 square metre and it should be located on road with available road width of at least 24 metre and having proper parking space.
Those opposing the guest house in Swaroop Nagar claimed: "The said premises are being used as a guest house following which long queues of vehicles are parked on a mere 20-ft road outside the guest house, thus causing traffic jams. Apart from inconvenience to commuters, use of generators on footpath causes intolerable sound pollution, causing mental trauma to residents."
"In the absence of any stringent action by authorities, two more guest houses have mushroomed in the residential area-- one at plot number 7/121 and the other at plot number 7/134. They are openly flouting the norms," claimed another Swaroop Nagar resident, Narendra Agarwal.
"This, when the circle rates by KDA have been the highest for Swaroop Nagar in the name of posh residential area and that Kanpur Nagar Nigam has been charging highest house tax," he pointed out.
Officials are just not aware
The three guest houses running in Swaroop Nagar are not the lone examples of illegal land-use, but several other unauthorised guest houses are operational in various posh residential areas including Arya Nagar, Govind Nagar, Gumti, Pandu Nagar and Lal Bungalow.
However, despite innumerable complaints, KDA authorities feigned ignorance about the problems being faced by residents.
"Although we started the drive of sealing houses in residential areas being used commercially, a few guest houses managed to get a stay from the high court and the sealing drive had to be stopped midway," said secretary, KDA, RV Singh, when contacted.
Such is the apathy that higher authorities, including the enforcement officials, were themselves found unaware of the total count of guest houses sealed and wasted no time in passing the buck on their colleagues.
"Notices have been served on illegal guest house owners and we have been waiting for their reply. But the exact count of the sealed guest houses is not confirmed," admitted Singh and proceeded to advice the TOI team to contact joint secretary (enforcement). He, however, admitted that a stern step- like the one taken in Delhi- had to be taken to stop illegal land use.
A similar response was received by the enforcement officials, including CP Tripathi, Urmila Sonkar and Lalita Ram, who were caught unaware of the number of guest houses sealed and the notices served on those running illegally.
Noise pollution norms also flouted
While these guest houses continue to mint money in the absence of serious inquiry, a serious and continuous cause of concern for the residents has been the loud music which is played at these places even during examination time.
Amidst the blaring music of DJ during the wedding parties hosted here, students have to manage to concentrate on studies. Besides, the ailing and the old also have to bear the brunt as music keeps playing even after midnight.
The worst sufferers are the Board students. "It has become a routine for me every night to study and learn lessons amidst loud noise (music) which is enough to turn anyone deaf. There is no solution, as the owners are not concerned about us. They just want their money," complained Ravi Awasthi, a Board student and resident of Lal Bungalow. He has been continuously facing problems following the wedding parties hostel at a guest house situated adjacent to his residence. What is more shocking is the fact that the two guest houses in Lal Bungalow are at a stone's throw from Chakeri police chowki.
As per the Supreme Court ruling, music on loudspeakers is prohibited after 10 pm. Even Environment Minister Jairam Ramesh on January 14 declared that under the Environment Protection Act 1986 and Sound Regulation Rule 2000, music more than the permissible limit would not be aloud between 10 pm and 6 am in residential and silence zones. Those not adhering to norms would have to pay up to Rs 1 lakh and imprisonment of seven years. The minister had also said police can act suo moto to curb the noise pollution under the act.
Meanwhile, Uttar Pradesh Pollution Control Board (UPPCB) has also washed off its hands by claiming to be a monitoring authority. "We can just monitor noise pollution level, but action has to be taken by local administration after a complaint by residents," claimed regional officer, UPPCB, Radhey Shyam.
While police were found unaware of the announcement, DIG BP Jogdand said: "We would confirm about such notification and definitely question the local police whether any complaint had been made and what action was taken. If there is any such ruling, we will see that action is taken immediately."