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- SC order a major relief for private developers -Biggest Beneficiary Will Be Godrej
Good New for public.. Property set rises in this Areas.
The forest land order comes as a major relief for some of the biggest private developers in the eastern suburbs, whose residential projects were stalled for nine years. Godrej & Boyce’s 133 acres in Vikhroli will be the biggest beneficiary of the Supreme Court’s order on Thursday.
“It’s a good order. This parcel is part of our Vikhroli property. It will now be developed by Godrej Properties,’’ Godrej Group chairperson Adi Godrej told TOI.
The 116-year-old conglomerate is perhaps the largest private landlordin Mumbai. It controls about 4,000 acres in Vikhroli, most of it a huge mangrove sprawl described by environmentalists as the best preservedin the state. It was here in Vikhroli that the late Pirojsha Godrej started amalgamating land purchased from a plethora of owners in the early 1940s. In recent years, the group’s main thrust hasbeen in realestate.
Elsewhere in the eastern suburbs, many developers had bought defunct industrial plots for several hundred crores only to get caught in a bind when the forest department declared that private forest land was used for non-forest activities. Residential projects in Thane, Mulund and around the Sanjay Gandhi national park in the Borivli-Kandivli belt ground to a haltwhen thecivic administration orderedstop-work notices.
Atithi Builders suffered the most when 22of its 33 acresoff LBS Marg in Mulund were declared as private forest land. “We had planned a township project with 16 towers and 3,000 apartments. We suffered because of this for nine years,’’ Hiren Patel of Atithi toldTOI.
Oberoi Construction bought the 19-acre plot belonging to the Glaxoowned Burroughs Wellcome in Mulundfor Rs220crorein 2005.Theforest department order came soon after the sale and scuttled the builder’s plan to develop it. The land has been lying vacantfor almost a decade.
A developer described the role of the forest department and state government as“absurd’’.“The1967development plan had marked these areas as residential and industrial, there was no mention of private forest,’’ he said. The Johnson & Johnson factory in Mulund was marked as industrial land in 1962, yet it was declared as privateforestlandin 2005,’’ he added.
Developer Runwal Group had procured civic permission to commence work on its Mulund property, Runwal Infinity, in 2005. It had purchased a 10-acre plot which belonged to Rallis India. Construction started and skeletons of five towers came up before work stalled. “It was a huge financial loss,’’ said group director Subodh Runwal. Some bookings for the project,whichcomprised700 apartments, were cancelled, while others were put on hold,he added.
Builder DharmeshJain of Nirmal Lifestyle said 10 acres of his company were stuck in Mulund. “Most properties had development permission,’’ hesaid.
Sunil Mantri, president of the NationalRealEstateDevelopmentCouncil,saidover 100housing projectswere affectedwhen their landwassuddenly declared a private forest. “Developers and flat purchasers were under tremendous pressure.It’s a big relief now that they have received a green signal from the apex court,’’ hesaid.
CLEARING THE LAND
THE SC ORDER IN 2014
SC allows appeals against a 2008 Bombay HC judgment that held land owned by the petitioners to be private forest
The petitioners are Oberoi Constructions, Godrej & Boyce Manufacturing Co Ltd, Bombay Real Estate Development Company, a host of other developers, and Vasant Gardens CHS and Hillside Residents Welfare Association, Mulund
THE HC ORDER
On March 24, 2008, the Bombay HC dismissed 18 petitions filed by Godrej, Oberoi Constructions and others against the state government’s claim that the land owned by them or on which buildings were constructed was ‘private forest’ and, hence, construction permissions were refused by the BMC IMPLICATIONS OF THE SC ORDER
The private land treated as ‘forest’ loses the tag
It frees up hundreds of acres for development
Those who had bought flats in buildings on such plots can breathe easy
The fine of 100 crore (approx) levied by the government will have to be returned to residents and developers
Relief for almost 5 lakh residents linked to the land
In 1957, state forest dept asked owners of 2.6 lakh hectares (6.4 lakh acres) to prove their holdings were not forest land In Mumbai, areas in Thane, Mulund, Bhandup, Nahur, Mahul, Borivli, Kandivli, Virar, Badlapur and Ambernath were served notices Hearings never held, commercial transactions went on, corporations charged residents property tax Between 1967 and 1991, BMC classified these areas as residential, allowed buildings In 2001, on a PIL filed by the Bombay Environment Action Group (BEAG), HC directed the state to demarcate forest land areas. Revenue dept declared those 2.6L hectares as forest land In 2006, residents challenged govt action In 2009, Central Empowered Committee set up by SC recommended regularization with residents paying net present value. State collected Rs 100 crore In 2011, matter referred to 3-member SC bench. In May, state told residents they have to pay at least 50% more NPV for land adjacent to a dense forest (Sanjay Gandhi National Park). Residents refused In Dec 2013, SC bench completed hearing, reserved order In Jan 2014, SC sets aside Bombay HC order SOME PLOTS FREE TO BE DEVELOPED
Godrej & Boyce’s 133 acres in Vikhroli
Atithi Builders’s 22 acres off LBS Marg in Mulund
19-acre plot of Oberoi Construction in Mulund
Runwal Group’s 10-acre project in Mulund
Nirmal Lifestyle’s 10 acres in Mulund TOI carried this TIMES VIEW on Oct 6, 2012
The private forest land controversy seems to have reached its denouement with the residents’ decision. But this does not alter the fact that they are paying because of government mistakes and apathy. Flat buyers are now paying for goof-ups, deliberate or inadvertent, made by some babus some years ago. The lack of serious government action against officials indicates an unacceptable degree of condoning of bureaucratic sloth and inefficiency
We have suffered a lot. These past years have been very stressful. The Supreme Court verdict has come as a huge relief. I can now sleep knowing that I will not lose my homeYashodha Nair | RESIDENT, ISLAND PARK, MULUND
This is the second whammy for BEAG and activists. The first was when the SC passed the textile mill order. It is quite a shock, given that the SC talks of protecting and widening the meaning of forest land Debi Goenka | BEAG
Residents of a Mulund housing society under the ‘forest land’ cloud celebrates after Thursday’s SC ruling
TOI report on Oct 6, 2012CommentQuote0Flag
- Uncertainty gives way to relief for residents on forest land
WELCOME SC VERDICT Residents say they can get rid of the tag of encroachers
MUMBAI: While moving into a new home would be a fresh start for most, for Uday Shringarpure, it marked the beginning of seven years spent under the threat of eviction.
The consultant had invested all his savings into an apartment at Sanghvi Hills on Thane’s Ghodbunder Road and moved there in 2007, when the forest land issue was moving ahead at a frantic pace, and the scales were tilting against residents. “I was tense. I thought I would lose my home soon,” he said.
This uncertainty gave way to celebration for five lakh residents of Mulund, Thane, Bhandup Mahul and Kandivli to Goregaon in the western suburbs, when the Supreme Court set aside a Bombay high court order terming their homes, built on private forest land, as illegal.
Though these plots had been demarcated as residential plots for land use in the civic body’s development plan, the state declared these areas as forest land following a PIL by an environmental group in 2002. In 2008, the HC upheld the state’s view, making the flats built on these lands illegal. Permissions for ongoing projects were withdrawn and the BMC issued stopwork notices.
The SC on Thursday came down heavily on the state and set aside the HC order.
Srinivas Chandrashekar, a member of the United Mulund Welfare Association, who had booked a flat in Mulund in 2006, said, “I had been paying my bank loans and coughing up lakhs of rupees towards my EMI annually, without knowing if I would ever get to occupy my new house.”
Residents’ groups welcomed the order. “This provides us rights on par with our citizens and takes away the fear of eviction,” said Prakash Padikkal, President, Hillside Residents’ Welfare Association (HIRWA).
Responding to the order, state housing minister Sachin Ahir said, “We are sympathetic to the problems of residents, but we need to enforce laws to protect forest areas.” Forest minister Patangrao Kadam said he was unaware of the verdict. “Appropriate steps will be taken after receiving an official order.”
Padikkal said the association would write to the state demanding the regularisation fee they had paid after the order be returned.
Source:31 Jan 2014Hindustan Times (Mumbai)
Supreme Court order PDF in the below link
- 24 years & counting: Mumbai homebuyers wait for their dream home
About 160 members invested Rs 15,000 each for a property in Dahisar (East); the builder failed to deliver the flats, went bankrupt and sold the land to another developer
The recent Campa Cola compound case and all the hoopla around it has made present homebuyers cautious; they now prefer scrutinising building plans before investing in any property. However, 24 years ago, homebuyers had limited sources of information to find the details or background of their invested property.
The plot in Dahisar (East) currently is under construction by the new builder. Pic/Nimesh Dave
Take the case of 160 investors, who in 1990, chipped in their hard-earned Rs 15,000 each for a property in Dahisar (East), to be developed by one Rajesh Builders and Associates. Twenty-four years later, the people are still waiting to live in their dream house.
While some members say that they shouldn’t have believed in the word-of-mouth publicity of the project, others regret not taking up ready-possession flats elsewhere when they had a chance. The group had come together and proposed the name ‘Bhavishya Yog’ for the development project. However, by 1992, even after pressure from the members, the builders were still dragging their feet about starting the construction.
It was at that time that they found out that the invested land was reserved for industrial development. It took the builders another seven years to convert the industrial area into residential land. In 1999, when they were still hopeful about the commencement of construction work, the builders went bankrupt.
According to the investors, during bankruptcy, the builders sold half of the plot to another developer.
By 2008, the new developer started work and claimed the older investors had no claim in any flats in his project. The members approached the sessions court, but lost the case. Hoping to get their land back and the dream of their home, they have now taken the case to the Thane High Court, where it is underway.
We have suffered for the last 24 years and our hard-earned money has gone down the drain. Our Rs 15,000 has gone, and after suffering severely for all these years, the builder has sold the property to another developer and is enjoying its benefits. - Madhav Patil, member of the proposed Bhavishya Yog
We’ve faced a lot issues in this investment and have been cheated. A new tower is under construction on the same land. We have spent a lot of our money in this, which if I calculate today is a substantial amount. We are hoping for a positive result in the hearing. - Anil Gavas, member of the proposed Bhavishya Yog
The other side
The developer, however, has another story to narrate altogether. Shailesh Kapoor, one of the partners at Rajesh Builder and Associates, said, “The members who participated in the package deal, failed to pay the balance amount. Hence, they do not have any right on the land or its acquisition. We have offered to pay back the booking amount, but they have refused and are demanding a house.”
4: The number of floors the building was supposed to have
8: The proposed number of apartments on each floor
Source:24 years & counting: Mumbai homebuyers wait for their dream home - NewsCommentQuote0Flag
- Green norms violations stall posh Oshiwara project
Further construction at two 36-storey residential towers has been stopped as the developer failed to seek nod from coastal zone authority: BMC.
The Brihanmumbai Municipal Corporation (BMC) has issued a stop-work notice to a high-end realty project in Oshiwara for alleged violation of green norms.
According to civic officials, Windsor Realty constructed two 36-storey residential towers off Linking Road in Oshiwara without any approval from the Maharashtra Coastal Zone Management Authority (MCZMA), though the project falls under the Coastal Regulation Zone (CRZ).
The National Green Tribunal (NGT), too, has issued an order against the developer, preventing him from "creating any third party interest over the constructed premises".
This means that the developer cannot sell any of the flats to buyers till the NGT disposes of the case. Some activists, however, alleged that some of the flats were already sold before the construction began.
The upscale residential project, Windsor Grande Residences, will have 4 to 5 BHK flats, which could be sold in the range of Rs 5- 10 crore.
"It is observed that the construction work carried out at the site needs clearance from the Ministry of Environment and Forests (MoEF) in the light of the Environmental Impact Assessment (EIA) notification of 2006. You are directed to stop work immediately and submit an explanation about the same. Till then no work should be carried out," read the BMC notice issued by the Building Proposals (BP) department.
Activists claimed the developer violated green norms and avoided taking any clearance from the authorities.
"The plot falls under the CRZ area and requires approvals from the MCZMA. No approval was taken. Similarly, it also required clearances from the MoEF. The developer avoided permissions from them too, as there is violation of green norms," said IPS officer-turned-activist YP Singh.
He also alleged that the construction of 36-storey buildings in the middle of the city was not possible without the connivance of BMC officials. "There is a clear connivance between the developer and BMC officials. The civic officials should have checked all clearances before giving them the permission to start construction. The BMC has ignored the green norms and helped the developer. There should be an inquiry into the entire episode," Singh added.
The developer, on the other hand, maintained that he has applied for a green clearance. A Windsor Realty spokesperson said, "The company has voluntarily applied for environment clearance, as per the law, a year ago. We are hoping to receive the approvals shortly."
Meanwhile, BMC officials said they would examine the NGT's order and take necessary action. "We will look into the order. If we find any connivance of civic officials with the developer leading to irregularities, we will order an inquiry," said a senior civic official. Deputy Chief Engineer, Building Proposals department (Western Suburbs), was not available for comments.
Activist Amit Maru, who is one of the complainants, said. "All permissions given to the project must be scrutinised. The land falls under the CRZ area and such tall buildings cannot be constructed on it. I guess that's the reason why environmental and CRZ clearances were not taken so far. Had the NGT not intervened, the flats would have been sold to unsuspecting buyers."
Windsor Realty constructed the towers off Linking Road without any approvals from the MCZMA and the Union environment ministry
Source:Green norms violations stall posh Oshiwara project - Mumbai MirrorCommentQuote0Flag
- BMC clueless as building emerges from ‘repairs’ with 6 additional floors
Following a court order, cops arrest and charge owner of Zaveri Bazar building and his partner with forgery, and unnamed civic officials for conniving with them; architect yet to be charged.
The landlord of a three-storey structure at Agiari lane, Zaveri Bazaar, who allegedly turned it into a nine-storey building on the pretext of repairing it, has been booked by the police along with his partner and officials from the BMC following a court order.
The LT Marg police booked landlord Hasmukhchandra Indrachandra Ranawat and his associate Jayantilal Parmar for forging civic documents, and unnamed BMC officials for conniving with them.
Ranawat is also believed to have carried out the additional construction himself, on the plans of architect Girdharilal Agarwal, who is yet to be charged.
The court order came in response to a complaint by activist Santosh Daundkar, who claims that Ranawat, under the guise of renovating the building, hired Agarwal to draw up a plan for six additional floors, before getting them constructed without permission from the BMC.
Daundkar said, "It used to be just a twostorey building. In September 2012, the owners decided to repair it. Instead, they then added six more floors. They did not take any permission from the BMC for the new floors. The new building is now fully occupied."
"The building is new and no society has been formed yet. We don't know anything about the developer," said a security guard at the building, which now houses a metal refinery on the ground floor and jewellers' offices higher up.
Daundkar's complaint alleges that the landlords and developers forged a number of civic documents, including the commencement certificate and intimation of disapproval, to construct the additional floors.
He added, "We sent a legal notice about the case to the police and the BMC but no action was taken. Later, we filed a criminal complaint in the court of the additional chief metropolitan magistrate to get an FIR registered against the landlords and BMC officers under whose noses this illegal building was constructed."
Y P singh, an IPS-officer-turned-lawyer, blamed the BMC for not taking any action against its officials. "It shocking that despite such illegal construction, the BMC has still not taken active steps to demolish the building. What is even more shocking is that BMC has not taken any steps to identify the delinquent officers who connived with the landlord," Singh said.
"The police are trying to protect the BMC officials. Despite the FIR, they have not named the officers responsible," added Daundkar.
Civic officials said that many other buildings in the area have also had floors added on under the guise of repairs and renovation. "There are many buildings in congested areas like Zaveri Bazaar that have had additional floors constructed. These buildings are a safety threat to people living around them. They do not meet any building norms and can collapse in a few years," said an official from the BMC's Building Proposal (BP) department.
"We had issued a stop-work notice to the developer but he paid no heed. We even demolished some portions of the under-construction building to make it uninhabitable. However, the developer continued with the construction and built six additional floors in violation of civic norms," said another BMC official.
Sanjivrao Mandalik, senior inspector at LT Marg police station, said, "The BMC alleges that the accused submitted forged documents to it. We are yet to verify this claim. We arrested one of the landlords (Ranawat) for further investigation and he is now out on bail. We are yet to locate his associate (Parmar). The architect who built it is also yet to be charged. His son has told us he is out of the country. We will charge and arrest him on his return."
Sangeeta Hasnale, assistant municipal commissioner, C Ward, said she was on leave and did not know the details of the case. The landlords, Ranawat and Parmar, were unavailable for comment.
Source:BMC clueless as building emerges from ‘repairs’ with 6 additional floors - Mumbai MirrorCommentQuote0Flag
- illegal building in mumbai had created alot of problem in todays time because as the builder construct a building in a short of time.it creates dangerous situation for the people living there.so illegal building construction should be stop as early as possible.CommentQuote0Flag
- BMC razes illegal 10,000-sqft banquet hall in Santacruz
MUMBAI: I n a major demolition c a r r i e d o u t by the Brihanmumbai Municipal Corporation (BMC) on Monday, a 10,000-sqft banquet hall in Santacruz (West) was demolished.
According to BMC officials, the hall was being constructed illegally on top of a three-storey commercial building called Kamla Spaces, which is located on SV Road.
Civic officials from H-West ward, under which Santacruz (West) falls, said the area on the fourth floor of the building, where construction was being carried out, was marked as ‘ terrace’ in the approved building plan.
“The unauthorised construction activity was detected during our inspection round,” Prashant Sapkale, assistant municipal commissioner of H-West ward.
“A stop- work notice was i ssued on Saturday, which the owner did not heed. The demolition of the hall was then undertaken on Monday,” Sapkale added.
Source:17 Feb 2014 Hindustan Times (Mumbai)CommentQuote0Flag
- BMC ‘detects illegalities’ in highrise 8 yrs on, FIR filed
Mumbai: A citizen’s threeyear-long struggle to make the BMC look into alleged illegalities in a Girgaum building—which was granted an occupation certificate eight years ago —bore fruit last week. The BMC “detected illegal alterations and unauthorized construction” in the building and approached D B Marg police station, which filed an FIR against its builder and architect.
Ameya Towers on Paavwala Street in Girgaum is a 13-storey building, which was redeveloped in 2006.
On February 13, the police filed an FIR against builder Ramakant Jadhav and architect Vilas Avchat for allegedly going beyond the BMC’s approved plan under Section 53(1) of the Maharashtra Regional and Town Planning (MRTP) Act.
In the complaint, Srinivas Karning, junior engineer, BMC’s building and factories department, said the developer had illegally demolished the outside wall of one room of every flat on all 13 floors, converted windows into doors and then put an extra slab on elevation features, which resulted in increased FSI.
The matter first came to light when RTI activist Kamlakar Shenoy said he noticed the “illegalities” on February 18, 2011, and submitted the BMC’s approved plans along with the complaint on April 1, 2011.
When contacted, Jadhav said, “I am not aware of the FIR filed against me or any notices issued to me by the BMC under MRTP.” Avchat could not be contacted.
Police sub-inspector Dilip Patil of D B Marg police station confirmed that an FIR has been filed and investigations are on.
The FIR states that Jadhav’s advocate had made a representation to the BMC in 2011. Thereafter, the BMC again inspected the site and took photos. It detected that RCC slabs were placed in elevation features, “illegally increasing the useable area of each flat”.
Shenoy said the role of the building proposals department officials must also be investigated for allegedly issuing an OC despite violations.
Sarita Mangeshi, a seventh floor resident, said, “How are we supposed to know about unauthorized construction? We will discuss it with the society.”
Advocate Y P Singh said a police case is not the solution to keeping a check on illegal constructions. “Informally, an FIR serves as an escape route for the BMC to show they have taken action. It must initiate separate statutory proceedings and demolish the excess portion.”
LOWDOWN ON HIGHRISE
THE BUILDING | Ameya Towers
LOCATION | Paavwala Street, Girgaum NUMBER OF FLOORS | 13 NUMBER OF FLATS | 38
‘ILLEGALITIES’ DETECTED BY BMC
Allegedly going beyond the approved BMC plan and illegally demolishing the outside wall of one room of every flat, converting windows into doors and putting an extra slab on the elevation feature, thus increasing the FSI
SECTIONS APPLIED | FIR filed under Section 53(7) of Maharashtra Regional and Town Planning Act
PUNISHMENT | Up to 3 years in jail. It is a cognizable and non-bailable offence
BLDG PROPOSAL DEPT ROLE
In the event of discrepancy, violation in construction or if it is not in accordance with the sanctioned plan, the BMC’s building proposal dept is duty-bound to refuse the OC
WHAT YOU NEED TO CHECK BEFORE MOVING IN
Ignorance of law is not an excuse. Occupants must verify BMC’s sanctioned plans and insist on OC. Floor plan should be verified before possession
Source:BMC ‘detects illegalities’ in highrise 8 yrs on, FIR filedCommentQuote0Flag
- State proposes to redevelop 2L homes in Thane
Plans 4 FSI To Rebuild Illegal & Unsafe Bldgs
Mumbai: The state government is set to unveil one of its most ambitious housing plans to redevelop thousands of illegal and mostly dilapidated buildings within the Thane municipal limits and re-house the residents in safer quarters.
The proposal prepared by the Thane Municipal Corporation and vetted by the state urban development department was presented to chief minister Prithviraj Chavan on Thursday. The government wants to push for its early implementation in view of the impending model election code of conduct.
The scheme envisages a floor space index (FSI) of 4 and will offer residents of illegal developments a year to opt for the project, beyond which the civic body will step in.
After accommodating residents free of cost in new tenements, the developer, to be picked by residents or by the TMC, will be entitled to the remaining incentive FSI to build homes for sale.
Construction in the TMC areas has been haphazard, of poor quality and mostly illegal.
ON FIRM GROUND
Cluster redevelopment proposed with FSI of 4. Civic body to demarcate 21 zones
It will be available for illegal buildings, many of which are dilapidated
Residents will get a year to opt for the scheme, after which the corporation will invite bids from developers
After housing all residents, builders can use remaining FSI to build & sell homes; or take it as TDR and use it elsewhere
Navi Mum gaothans to be redeveloped A proposal for the redevelopment of the 95 gaothans in Navi Mumbai has reportedly been placed before CM Prithviraj Chavan. While Mumbai’s gaothans have been granted a floor space index of 2.7, the state has proposed a higher FSI for Navi Mumbai’s gaothans. P 2
- Redevelopment will work, not regularization, say officials
4 Buildings Collapsed Last Year In Thane, Govt Keen On Safety
Safety of thousands of people residing in illegal and dilapidated buildings is behind the government’s push for redevelopment in Thane. Last year, four buildings collapsed, claiming 87 lives. Among them was the under-construction house in Mumbra’s Lucky Compound that alone killed 74, the worst such incident in Greater Mumbai.
The story just gets worse. Civic sources said 72% homes (2 lakh of the 2.7 lakh) in Thane, Kalwa, Mumbra and Diva are unauthorized. These include flats, chawl tenements and independent houses.
In Diva alone, 23,559 homes are illegal. Similarly in Wagle Estate, Vartak Nagar, Raila Devi, of the 62,351 homes, 20,000 are legal. In Naupada, Kopri, Uthalsar, 29,875 homes are unauthorised. In Mumbra there are 400 buildings of which 218 are illegal.
The state does not want to regularize them as was allowed in Ulhasnagar. “The scheme has failed to take off and not many residents have come forward for regularization in Ulhasnagar,” said officials.
The government is keen to push through the Thane cluster redevelopment proposal before the election code of conduct comes into force in the first week of March. “Thane has several illegal, dilapidated buildings and there could be building collapses like last year. It is already February and we need to work out a proposal soon,” said Mantralaya sources.
Residents of areas chosen for cluster redevelopment will be given a year to opt for the project. Thereafter, TMC will step in and invite bids. “It is a better option than being forcibly evicted as many buildings are in a dangerous condition,” said sources. In Mumbai, residents who opt for cluster redevelopment within three years of the policy being announced are being offered 10% more area as incentive.
According to the proposal, the TMC will carve out the areas that will form a cluster. Since the FSI used is already more than permissible, the density in most parts is already high. “To prevent further densification, the corporation has proposed a restriction on the height of buildings of the free sale component. Whatever FSI cannot be utilized will be given as Transfer of Development Rights to the developer that can be used in another part of the city,” said sources.
Issues of parking, open spaces, heritage will be tackled on the same lines as in the cluster redevelopment policy for Mumbai.
GAME-CHANGER? MEGA DISTRICT, MAJOR PROBLEMS
Thane district population | 1.1 crore
Total number of houses | 36 lakh (2011 census)
Between 2001 and 2011, Thane district saw a population growth of
Of 2.7 lakh residential homes in Thane, Kalwa, Mumbra and Diva (all in TMC), 2 lakh or 72% are unauthorized In Thane’s Wagle Estate, Vartak Nagar, Raila Devi, of the 62,351 homes, only 20,000 are legal
In Naupada, Kopri, Uthalsar, 29,875 homes are unauthorized
In Diva, only 1,087 homes are legal, the remainder 23,559 homes are illegal
In Mumbra, there are 400 buildings; 218 are illegal PROPOSED CLUSTER REDEVELOPMENT POLICY FOR THANE
Cluster redevelopment proposed with an FSI of 4. The civic body will demarcate
It will be available for illegal buildings, many of which are dilapidated
Residents will get a year to opt for the scheme. Thereafter, the corporation will invite bids from developers
After housing all residents, builders can use the remaining FSI to build and sell homes
It is estimated FSI of 2.75 has been utilized on most plots
Height restriction proposed for free sale component. Developers who can’t utilize entire FSI, can take it in the form of Transfer of Development Rights and use it elsewhere THE ULHASNAGAR MODEL
Following Partition, refugees were rehabilitated in Ulhasnagar
Illegal buildings came up and by 2005, there were 1,13,767 illegal buildings/tenements
In 2005, HC ordered the civic body to demolish 855 illegal buildings
In 2006, the state enacted a special law to regularize all unauthorized structures constructed prior to January 1, 2005
But HC didn’t let this model work in Kalyan-Dombivli THE MUMBAI SCENARIO
Cluster re-development in allowed only for old, dilapidated buildings 10% of Urban Renewal Scheme plot to be reserved as open space
Parking space is one car per tenement of sale component
In Mumbai, there are 56,000 buildings without occupation certificate. Many did not get OC owing to FSI violations
Unlike Thane where entire buildings are illegal, in Mumbai, usually several floors in a building are illegal
Source:Redevelopment will work, not regularization, say officialsCommentQuote0Flag
- Builder illegally sells off 229 SRA flats in Goregaon
Mumbai: As many as 229 of the 480 flats meant for slum families were sold in the open market by a builder executing a large slum redevelopment work in Goregaon west.
Despite stop work notices issued by the authorities in 2007, some of the buildings on the 13-acre plot near the Goregaon bus depot, were built in violation of the coastal development zone (CRZ) norms. The Slum Rehabilitation Authority (SRA) has confirmed the violations by Kalindi Estate Developers (Dattani Shelters).
The enclave called Bhagatsingh Nagar has been beset with problems ever since the project commenced in 1993.
Areport highlighting these contraventions was prepared by the SRA’s deputy chief engineer and vetted by its legal consultant for action some months ago. But it has still not been shown to SRA chief Nirmalkumar Deshmukh, it is learnt. ‘SRA flats sold to unprotected slum dwellers’
Mumbai: A report prepared by the deputy engineer of a slum rehabilitation project in Goregaon west has revealed that the builder had sold 229 of the 480 flats in the open market.
“It is seen that 229 flats have been sold in the rehab buildings 2, 3, 4, 5 and 6. Therefore, the rehab constructed today is only for 251eligible members. Architect has accepted the same and stated that area of the 229 non-eligible people who have been sold flats will be counted in the sale FSI,” said the report. Builder Satish Dattani and his architect Vijay Goradia denied violations, stating these 229 flats were used only to rehouse “unprotected” slum dwellers at their own cost. “We have allotted these housestothem from our sale area,” they told TOI. Goradia said the scheme stalled following the amended CRZ rules in the late 1990s, which banned construction activity 50 m from major nullahs. Sources said there is no free sale component left in the project since the builder has already sold28,000sq m of transfer of development rights (TDR)in theopen marketin 1997.
The issue blew up when residents who bought flats from Dattani in the project’s free sale component complained to the SRA and anti-corruption bureau.TheDattani Shelter Co-operativehousing society saidbecauseof the violations its own building does not have an occupation certificate “due to the nexus of political leaders, developers and SRAoffice”.
The slum scheme stipulates that a developer selected by legally recognised slum dwellers must rehabilitate them free of cost in new buildings on a portion of the plot. As compensation, the builder receives additional construction rightstobuildlarge apartmentsthat he can sell at market rate to recover thecost and rakein profits.
“We propose to conduct a hearing with the residents and then decideon prosecuting thedeveloper,” said an SRA official. “The 229 flats were sold to non-eligible people and the builder has now proposed tohousetheslum familiesin building No.1,” hesaid.
However,sourcessaidthere are 420 tenements still to be rehabilitated and Building No. 1 can only accommodate 96 tenements. “And, no planshavebeen approvedby the SRAtilltodayto rehabilitatethe remaining 324 tenements, while the builder continues to build the free salecomponentin CRZ,” they said.
The SRA official saidt woof the six rehab buildings do not have occupation certificates. Of the five sale buildings, four are constructed. “The SRA had laid down several conditions for the builder to comply waybackin 2008.Noneof these have been done till date,” said the official. In its complaint to the ACB,society secretary Gopal Balasubramanian said the developer continued with the construction in violation of coastal norms despite aHCorder andstop-work noticeissued by SRA. “The developer sold various flats in the building under agreement of sale and did not informus about the ongoing disputes with SRA. The developer has not even applied to SRA for obtaining permissions of approval for our buildings,” it said. The Bhagatsingh Nagar caseepito misesthe rot in the slum policy, especially at a time when the state has extended the cut-off date to protect illegal hutments up to 2000. Experts have described this scheme as “builderdriven’’ meant to profit developers who build luxury towers on slum land while squeezing slum occupantsin a smallcorner of the plot.
Project built on a 13-acre plot
- Singhania highrise at Breach Candy exceeds FSI 10 times: BMC chief
Mumbai: A new BMC order may spell further trouble for the 37-storeyed Breach Candy tower built on a one-acre plot by the Singhanias of Raymond.
A report prepared by municipal commissioner Sitaram Kunte observed that excessive concessions granted to the developer caused a “mammoth’’ construction of 27,400 sq m against a floor space index ( of 2,570 sq m. “The total construction area is more than ten times the FSI computation,’’ it said. FSI is the ratio which determines how much can be built on a plot.
“This is a case that causes serious concerns from the urban planning point of view,’’ said Kunte, in his 35-page order accessed by TOIon Wednesday. “The order implies that the tower’s height could reduce by at least six to seven floors,’’ said a senior civic official. It said large areas which were not counted in the FSI “shall be counted in FSI’’.
It is learned that the excessive concessions were sanctioned in 2008 by then municipal commissioner Jairaj Phatak, who was later suspended by the state for his alleged role in the Adarsh society scandal.
The BMC had halted work on the building in 2012 following an adverse note by Kunte’s predecessor, Subodh Kumar, who found the concessions “excessive and misusable’’.
An official spokesperson for Raymond said: “We have received the municipal commissioner’s order. We are studying it in consultation with our legal advisors.’’ Raymond needs to get state nod for oversized duplexes: Kunte
Mumbai: Former civic chief Subodh Kumar had made adverse remarks against the Singhanias’ upcoming tower at Breach Candy. “These are nothing but extra covered spaces, which are not permissible, are in total disregard of the spirit of development control rules…. Please make a report to government to fix responsibility,’’ Kumar had instructed officers a few days before he retired in May 2012.
The building known as JK House comprises basement plus stilts, shops on the firstt and second floors, parking levels and two refuge floors between the third and 14th floors and a museum between the 15th and 18th floors. The 19th floor is a service area while the floors from 20 to 36 are for residences, fire refuge, amenities and AC plant room. The total height of the tower is 142.56 m.
The skyscraper was allowed an area of 2,563 sq m just for fire refuge floors and refuge areas. Kunte ordered that the fire refuge areas and fire escape passages can be free of FSI only up to 4% of the built up area it serves. Anything in excess of this “shall be counted in FSI in accordance with the National Building Code’’.
“There have been instances in Mumbai where project proponents have merged refuge areas, fire escape passages, parking floors, elevation features and used them as habitable areas. Designated officers appointed by BMC are taking action against such misuse. The only safeguard that BMC has in this case is obtaining registered undertaking against misuse. Such areas cannot be effectively subjected to policing on perpetual basis by our staff,’’ said Kunte.
Kunte also found that apartments including duplexes on the higher floors were each over 70 sq m in area. “File papers do not show any approval from the state government for tenement areas in excess of 70 sq m. Hence, Raymond needs to obtain clearance from state government,’’ his order said. “The area of the shops and duplex floors having height in excess of 4.2 m shall be counted 1.5 times in FSI,’’ it added.
“Raymond Ltd is directed to submit modified plans in accordance with this order and applicable regulations. The plans shall be accompanied by clarification and clearance from government,’’ said Kunte’s order.
The 37-storeyed JK House
- HC slams state move to protect 66K illegal bldgs
Mumbai: The Maharashtra government’s propensity to issue ordinances to save illegal structures has drawn flak from the Bombay high court.
“The laws regarding town planning cannot be defeated by tolerating such large number of unauthorized structures,” said a division bench of Justice Abhay Oka and Justice M S Sonak recently. “Such toleration of structures is nothing but encouraging the wrongdoers who treat the law with contempt. The state cannot encourage illegalities. The state cannot discourage those who abide by law by obtaining permissions before making construction,” the judges said.
The court’s observations came after it was informed of a proposal by a committee headed by a state minister seeking to bring in a special law to protect over 66,000 illegally constructed structures in Pimpri Chinchwad. The HC was hearing a plea by the owner of an illegally constructed hotel in the town. The state has earlier issued ordinances to save illegal structures in Ulhasnagar and was also considering such special laws to protect illegal structures in Kalyan-Dombivli and Thane.
“No debate is required to observe that such large-scale unauthorized constructions have completely disturbed the concept of planned development of the city for which municipal corporation has been constituted,” said the judges. “Such large number of unauthorized structures will place unbearable burden on the basic amenities. The citizens who are residing in the lawfully constructed buildings and structures will be thus deprived of their legitimate right to effectively enjoy the beneficial amenities as 66,000 illegal constructions will place unbearable burden on the public amenities provided in the city for the benefit of law abiding citizens.”
Disapproving the proposal, the court asked the state government that before taking a decision, it should keep in mind orders of the high court which had said that “such a policy encourages the violators of law and gives confidence to the violators of law that illegal structures would be tolerated even in future”.
Meanwhile, the HC gave its go-ahead for the Pimpri Chinchwad Municipal Corporation to act against an estimated 66,000 illegal structures in the township. The court also directed the police commissioner to provide protection to the municipal chief and the demolition squad. This came after the court was informed that the earlier civic chief had reported about threats to his life over the issue of action against illegal structures. The court also ordered action, including notices to be issued to owners of illegal structures, criminal cases to be filed and demolitions be undertaken by the corporation.
BMC eviction bid fails on 4th day
The BMC was unsuccessful in vacating adilapidated building at Kherwadi in Bandra (E) for the fourth consecutive day on Tuesday. Shivaji Nagar tenement building number 3 was declared “dangerous beyond repair level”. As soon as a BMC team visited the site to disconnect water and power supplies, 500 residents gathered at Kherwadi junction to oppose the eviction drive. Around 17 tenements are likely to be affected by the eviction. “We have postponed the disconnection of water and electric supply by two days,” said Ajitkumar Ambi, assistant municipal commissioner, H (East) ward. — Linah Baliga
Shivaji Nagar bldg 3 at Kherwadi has been declared dangerous
- BMC demolishes illegal portions of Mumbai stock exchange
The civic body brought down illegal portions of the 28th floor of the BSE yesterday; the floor was earmarked as service area, but had a full-fledged office built on it
The Bombay Stock Exchange (BSE) took a hit of a different kind yesterday, when the Brihanmumbai Municipal Corporation (BMC) turned up at the building on Street to demolish illegal portions of the 28th floor.
According to the notice served by the civic body, parts of floors 3, 13, 26 and 28 were unauthorised. Sources said these were meant as a refuge area. But, the BSE had built a dining room, ply and wooden partitions, meeting hall, boardroom, library, office cabins and other structures in the space.
The demolition programme began with the top-most floor yesterday. The rest of the work will be carried out on the other floors in descending order. Authorities at BSE have assured the civic body that they will raze the illegal structures themselves, and the BMC will only be there as supervisors.
Vasant Prabhu, deputy municipal commissioner of the concerned zone, said, “BSE authorities first approached the High Court and then the Supreme Court, but the case didn’t stand. They have now agreed to remove the unlawful structures on their own. Our staff will supervise it.” Ward officials, along with MRA Marg police officials and encroachment removal squad, were on the spot to ensure removal of illegal portions.
An official response from BSE read as follows, “BSE would like to update its stakeholders that the partitions on the floors under questions are in existence since 1981, and have not been in use since long. Removal of the partitions does not affect BSE member offices or regular operations at BSE in any manner.
The BSE team has extended complete support to the BMC authorities in removing the partitions at the assigned areas in PJ Towers. We would like to emphasise that BSE is a professionally-run organisation that believes in maintaining the highest standards of transparency and integrity, and holds the utmost respect to the country and its laws.”
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- BMC orders Vakola building to be cut to size
The civic body had issued a notice against developers of Dream House building, to be demolished before April 22, but no action has been taken so far
Even after incidents of building collapse at Dockyard and Vakola, developers choose to turn a blind eye when the Brihanmumbai Municipal Corporation (BMC) directs them to vacate dilapidated buildings or points out illegal and unauthorised construction.
The seven-storey Dream House building violates fire safety norms and does not have an occupation certificate
Case in point is another building at Vakola, Santacruz (east) called Dream House. The civic body had issued a notice to the developer, Mohammed Qureshi to demolish the unauthorised structure and restore it according to the approved plan.
The structure has been built higher than its planned height and violates fire safety norms. Moreover, similar to Shankarlok building that collapsed in Vakola, Dream House building does not have the occupation certificate.
While the notice was issued on March 2, ordering the developer to demolish the building by April 22, no action has been taken yet.
The activist who received the information through an RTI, on request of anonymity, said, “I have been following up with the BMC on this issue for almost a year now. It was only taken seriously about a month back when they issued the notice.
The builder is fooling the residents and authorities need to take action against it. The Dream House building was supposed to be 74 meters, which they have ignored. Even the gallery and compound wall is against the approved plan.”
SR Kalbaskar, building and estate department officer of H east ward said, “We have issued a notice to the developer to demolish and restore the building as there were irregularities in the structure.”
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