X: @vivekbhavsar
Due to our other urgent commitments, I was delayed in releasing Part IX of the ongoing series on the controversial decisions of the then BMC Commissioner, Mr. Iqbal Singh Chahal. I apologize to the readers for this delay and am now posting Part IX of the series titled “Controversial Tenure of the Former Civic Chief Iqbal Singh Chahal: A Review of Accusations and Their Consequences” today.
In the ongoing series titled “The Controversial Tenure of Former Civic Chief Iqbal Singh Chahal: A Review of Accusations and Their Consequences,” I examine the contentious actions and decisions made by Shri Iqbal Singh Chahal during his time as the BMC Commissioner.
This series seeks to reveal instances of power misuse and neglect of duty by this senior IAS officer, who stands accused of overstepping his authority by granting approvals that exceed his jurisdiction and the provisions of the DCPR 2034, allegedly to benefit certain developers.
In this article, I focus on the eighth question I posed to Shri Iqbal Singh Chahal, analysing his response and assessing its relevance and appropriateness. Below, I present the eighth question, his answer, and my analysis, along with the relevant facts.
My Question to Shri Iqbal Singh Chahal:
- What steps did you take when it was brought to your attention that this circular was being misused by developers and officials, possibly with your support?
Reply received from Shri Iqbal Singh Chahal to my above Question:
- The revision of the circular was to the extent of quantum of penalty on request of stake holders body with due deliberations. The circular contained no other issue, hence there is no question of misuse by the virtue of it. The office of BMC Commissioner does receive lots of representations and complaints and the same are dealt by respective departments on its merit.
My Analysis with the Facts:
It appears that the representatives of CREDAI – MCHI personally met with the then BMC Commissioner Mr. Iqbal Singh Chahal. Mr. Chahal made a comment on the letter and forwarded it to the Chief Engineer (Development Planning). The journey of this letter seems to have taken place at an astonishing speed. Kindly check the following table;
Within 8 working days of receiving the letter from CREDAI – MCHI, the Brihanmumbai Municipal Corporation (BMC), under the leadership of the then BMC Commissioner , Mr. Iqbal Singh Chahal, made a decision that caused a loss of hundreds of crores of rupees to the BMC. This decision was taken with such an astonishing speed and in violation of the Maharashtra Government’s “महाराष्ट्र शासन कार्यनियमावली व त्या अन्वये दिलेले अनुदेश”. Furthermore, it breached the procedures laid down and applicable for making financial decisions, despite the existence of the municipal assembly, and unlawfully made a decision to waive fines amounting to hundreds of crores of rupees without having the proper authority.
The then BMC Commissioner Mr. Iqbal Singh Chahal is expected to answer the following questions promptly regarding the decision to waive a penalty of hundreds of crores without having the authority to do so:
- What is the reason for not obtaining the legal opinion and comments from the Law Department of BMC to check the legal aspects of the penalty waiver?
- Given that the penalty waiver would strain the municipal treasury and result in a financial loss of hundreds of crores, what is the reason for not obtaining the opinion and comments from the Chief Accountant (Finance) of BMC?
- What is the reason for not obtaining the approval of the standing committee for this proposal while the municipal assembly was in existence in the year 2021?
- What is the reason for making a decision to waive the penalty without passing a resolution in the municipal assembly and obtaining its approval in 2021?
- What is the reason for not sending the proposal to the Maharashtra government through the Urban Development Department for approval, despite the requirement for government approval for the penalty waiver decision?
- What is the reason for not assessing how much loss the municipality would incur while waiving the penalty?
- The then BMC Commissioner Mr. Chahal cited the reason for the penalty waiver as “due to the real estate slump in this COVID pandemic, which will incentivise and encourage owners/developers to get the free of area merged into habitable areas regularised expeditiously” What is the reason for not preparing rules, about the eligibility of the buildings for regularisation wherein free of FSI areas merged into habitable areas?
- What is the reason for regularising illegal constructions in old buildings that were granted occupancy certificates 10 to 15 years ago and against which the court has ordered demolition?
- What is the reason for opting to regularise illegal constructions instead of taking action against them and demolishing them?
- Did the then BMC Commissioner Mr. Chahal grant illegal penalty waivers solely to regularise the illegal buildings of his friends? Mr. Chahal must clarify this.
As an impartial journalist, I considered the possibility that the then Commissioner Mr. Chahal may have mistakenly made the illegal decision regarding the penalty waiver. However, the urgency displayed by Mr. Chahal in making the decision to waive the penalty, which resulted in a loss of hundreds of crores to the BMC, contrasts sharply with the lack of attention he showed to the letters which brought the significant losses incurred by the BMC to his notice. This indicates that the then BMC Commissioner Mr. Iqbal Singh Chahal made the illegal decision to waive the penalty consciously and with the sole intent to help his friends and other reason known to him.
Given the gravity of these allegations, it is crucial to conduct a comprehensive investigation to ensure accountability and transparency within the governance framework. We urge the Chief Minister of Maharashtra Devendra Fadnavis to conduct a diligent inquiry as follows into these matters to maintain the integrity of governance and protect public interest.
- To take strict action against the then BMC Commissioner Mr. Iqbal Singh Chahal for illegally waiving of penalty and causing a loss of hundreds of crores to the BMC by violating his authority. and,
- To investigate the decisions made by Mr. Iqbal Singh Chahal during his tenure as the BMC Commissioner through the Central Bureau of Investigation (CBI). and,
- To transfer Mr. Iqbal Singh Chahal to a non-executive position from his current position as Additional Chief Secretary (Home) until the investigation is completed.
In conclusion, the allegations against Shri Iqbal Singh Chahal require serious attention and rectification to restore public confidence in the governance framework. A thorough investigation is essential to address these concerns and to prevent similar issues from arising in the future.
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Do you, the readers, agree that it is essential to establish a precedent that removes any perception of impunity among officials? How important do you think this action is in deterring misconduct within the administrative system and ensuring that no one is above the law, regardless of their position or authority?
In the forthcoming Part “X”, I will delve into the Ninth question posted to Shri Iqbal Singh Chahal, detailing his response and offering my analysis alongside the facts.
Stay tuned for more updates as we continue to unravel this pressing story of Misconduct within government system and abuse of power by Mr. Iqbal Singh Chahal, to benefit private parties.
