Republic Day Dampener

The headlines this morning scream in your face the kind of country we're living in. And it is ironical that today after hoisting the flag, commemorating India's Republic Day, one should settle down over Morning tea to read that an honest Additional Collector (a rare breed) was burnt alive by Maharashtra's oil mafia when he conducted raids in Manmad (around 260 kms from Mumbai).


Read the details of the case here.


It is a great shame that this incident has to happen a day before India pauses to celebrate its status and spirit of being a republic.


I wonder if such incidents abound, people will be inspired to be upright and honest and take up the case of  corruption. Maharashtra CM Prithviraj Chavan has already announced a compensation for Sonawane's grieving family, of Rs. 25 Lakhs and a state government job for one of his family members. 


But the CM has a major responsibility to fulfill to ensure that such incidents don't happen his his state, else Maharashtra's image as one of India's most progressive state is definitely in jeopardy.

Binayak Sen's appeal in the Chhatisgarh High Court

On Monday, 24th January 2011, Dr Binayak Sen's sentence of life conviction by the Sessions Court, Raipur will be challenged in the Chhatisgarh High Court.


It is an important day, and this is an important trial. 


Knowledge is the only weapon we have. And it is on our ignorance that the political leeches breed on. By nature, very few people like to know and understand politics. And by default, not many people are inclined nor interested to know what's happening in the immediate borders of our neighbouring state. Sometimes I think this is fine. If something revolts you, you tend to block it out of your head/ heart. Politics is considered dirty and people will block it out of their systems since they find it too disgusting. 


Carrying the burden of the world's largest democracy isn't easy. Being the republic of the world's largest democracy is isn't easy either. Even if its revolting or hurting, we, as people, need to know and understand - and then fight for causes.  


Else, today they have arrested a certain Binayak Sen... tomorrow it could be you or me.


I really do hope that the trial for Binyak Sen is a fair one.

Cessed and Non-cessed Buildings -- basics

A lot of people don't know the exact meanings of cessed and non-cessed buildings. Especially when it comes to redevelopment, repairs and reconstruction, or simply, transforming the ownership of a building, these terms are commonly used.


This is simply because the Maharashtra Housing and Area Development Act, 1976 (MHADA) makes special provisions for repairs and reconstruction of "cessed" buildings. So what is a cessed building?


A logical deduction would imply that a building that pays cess -- a tax commonly referred to as the "repair fund"- is termed as a cessed building. And it's ironic that the law outlines plenty of provisions for undertaking repairs and reconstruction for/ of cessed buildings but not a single one deals with that of non-cessed buildings. This lacuna of law, has led to a lot of legal advisors to conclude that any building which does not pay cess, is a non-cessed building, and whatever provisions are applicable to a cessed building, the same is not extended to a non-cessed one.


I know this interpretation is not without faults, and there are people (even those who are not of a legal background) are asking the government to clarify the status of non-cessed buildings. What do they do if they need funds for repairs? Is it a clear divide of funds between the tenants and the landlords, under the Transfer of Property Act, 1882 or is it the clear demarcation of responsibilities between the landlord and the tenant under the Maharashtra Rent Control Act, 1999?


It is high time that the government comes out of the shadows and sheds some light on this.


Now, back to cessed buildings. Under MHADA, different provisions are applicable to different categories of cessed buildings. What an overdose of legal bifurcation! The bifurcation basically happened so as to understand the amount of cess leviable on buildings as per their date of creation/ existence.


S. 84 of MHADA says:
Category A of cessed buildings - building erected before 1 September 1940

Category B of cessed buildings - building erected between 1 September 1940 and 31 December 1950 (both days inclusive)

Category C of cessed buildings - building erected between 1 January 1951 and 30 September 1959