How 6 depts kept the dodgy Ruby project shining

The Jha Commission of Inquiry report, now available with Herald in full shows the utter negligence of six departments which allowed the builders of Ruby Residency to flout all safety laws. This was disaster designed to happen BASURI DESSAI reports

The Jha Commission who had inquired the collapse of Ruby Residency in Canacona has exposed the role of six departments including Town & Country Planning, Urban Development (Municipal Administration) , Health Services, Fire & Emergency Service, Labour and Employment Department and Goa Police.
The Commission has said that the completion order was processed by the Department of Town and Country Planning at taluka level without ensuring compliance of submission of requisite documents.
The report has stated that the entire procedural lapses by the TCP reflect systematic failure in the functioning of the department. It has also brought to the notice that the department of TCP has neither done a proper scrutiny of the documents submitted by the builder nor the site inspection was carried out by the officials of TCP.
“There is no formal mechanism in place in the department to supervise the function of the subordinate officers except that routine meetings, on quarterly basis, that too not on a regular basis with the officers are convened to discuss issues connected with the functioning,” TCP has stated before the commission.
Coming over to the role of Municipal administration the commission has said that the successive Chief Officers and Municipal Engineers of Canacona Municipal Council have processed the applications made by the builder M/s Bharat Developers & Realtors Pvt. Ltd. in a negligent and irresponsible manner.
Canacona Municipality has given alignment for construction which is one of the conditions laid down in the grant of construction licences. “In most of the case, site inspection has not been carried out by them and in one case one of the Chief Officers has deposed before the commission that he has never gone for any site inspection during his ten years of his posting as CO in various Municipalities,” Commission report stated.
“In one of the case it has been observed that while making an application for construction license before the Chief Officer, the applicant had not submitted any document as required in terms of PDA (DP) Regulations, 2000 and even then construction licence was issued to the builder,” report has mentioned.
Directorate of Fire & Emergency Services has stated before the Commission that due to short of staff they could not able to keep vigilance over each and every construction in the state as required under law. It has further stated that the builder of Ruby residency had not taken any of the NOC from the department of Fire.
However, commission has stated that with all the limitations that department may have, in terms of staff and equipments, it is required to take necessary steps to implement the provision in the law. “At the same time government shall take appropriate decision to strengthen the staff and equipment,” report stated.
Coming over the Labour and Employment Department, the commission has said that the said department has failed to keep watch over the activities and mentioned that the permission which was granted to the contractor to engage labour was in violation as every time excess labour was used for which there was no permission. “The actual number of workers who were continuously engaged at the site was always in excess,” report said.
As far as Department of Health is concerned the commission has noted that the NOCs from the health department pertaining to sanitary requirement and maintenance of sanitary condition has not been availed by the builder which is admitted by the health officer of Canacona Community Health Centre in the report. 
Jha commission report has pointed out that the health department is issuing NOCs to the construction licences, sanitary requirement and occupancy certificate only when an application is received.
“Commission is of view that the department should take necessary steps to conduct inspections of the constructions sites to ensure the statutory compliance as envisaged in the Act,” the report has strongly made mention.
Finally coming over the Goa Police’s role in the entire controversy, the commission has pointed out that Canacona Police have miserably failed to investigate the case which was registered in the year 2006 after Chajja of second floor of the same collapsed building collapsed and FIR was registered June 29, 2006.
In the incident four people were injured and police have named contractor Vishwas Desai, Sameer Desai, site supervisor, Makrand Belurkar, site engineer in the FIR. The case, which was registered in the year 2006, was pending till 2014 when the same building was collapsed and killed 28 lives.
Commission has called the Police department negligent for carrying out investigation in time bound as some of the witnesses have also alleged the deaths in the said incident.    
Commission has also said that the Canacona Police have given the escape to builders and contractor to abscond. There are no attempts made by the police to nab them who were residing in the same locality, commission has stated.

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