TOWER BUILDINGS IN MUMBAI BLISS OR BANE

Mumbai was a peaceful place, with sophisticated and cool roads. Tall towers are now new skylines in Mumbai. Jam-packed traffic, roads on ventilators, metro, and coastal roads adorn the site of Mumbai city.

Redevelopment of the old building is a booming business now. They are given TDR and additional FSI. But what if this tower falls or collapses? What if the SRA building collapsed and became unsafe? Is there any provision? How such towers will be constructed? What are the rights of flatholders and member’s? Will Insurance save the flat holders’ future?

Before answering so many questions let us see the inter-alia relevant provisions of newly framed Development Control Rules for Greater Mumbai.

Modern skyscrapers illuminate crowded city streets at dusk generated by artificial intelligence

Provisions relating to underdevelopment Control and Promotion Regulation 2034 [ DCPR 2034].

33(6) Reconstruction of buildings destroyed by fire, or which have collapsed, or which have been demolished under lawful order Reconstruction of buildings that existed on or after 10th June 1977 and have ceased to exist for reasons cited above, shall be allowed to be reconstructed with FSI as per the Regulation No 30(C).

Provided that if the area covered under a staircase/lift has not been claimed free of FSI as per the then prevailing Regulation as per the occupation plan, the area covered under staircases/lifts shall be considered while arriving at protected BUA in such cases the premium for entire staircase lift area in the proposed building as per these Regulations shall be recovered.

This FSI will be subject to the following conditions:

  1. Reconstruction of the new building on the plot should conform

to provisions of DP and these Regulations.

  1. Reconstruction will be subject to an agreement executed by at least 70 percent of the landlords and occupants each in the original building, within the meaning of the Mumbai Rents, Hotel and Lodging House Rates Control Act, 1947, and such the agreement shall make a provision for accommodation and re-accommodate the said landlord/all occupants in the new building on agreed terms and a certificate from a practicing advocate having a minimum of 10 years’ experience, is submitted confirming that on the date of application, reconstruction, agreements are executed by at least 70% of the landlords and occupants each in the original building with the developer/owner. The Advocate shall also certify that the agreements with occupants are valid and subsisting on the date of application.
  2. The Carpet area of residential/non-residential premises may be altered with the consent of occupants.
  3. Reconstruction shall be disallowed on set-back areas or areas required for road-widening and such areas shall be handed over to the Corporation.
  4. These provisions shall not apply to buildings wholly occupied by warehouses and godowns.
  5. If the building is reconstructed with existing FSI/BUA prior to its collapse/demolition, then the requirements of front & marginal open spaces shall be as per the Regulation No.41(5) of these Regulations.

Provisions of R.No.41(5) is as under:

Provisions in open spaces for plots in Reconstruction/Redevelopment Schemes under the Maharashtra Housing and Area Development Authority Act, 1976, Slum Rehabilitation Authority and Redevelopment Scheme of municipal tenanted properties; in case of DCR 3(5),33(6),33(7),33(7)(A),33(7)(B),33(9),33(9)(A),33(9)(B),33(10),

33(10)(A),33(11),33(15)and 33(20)(A):

The following provisions shall only be applicable in the case of rehab and composite buildings. A composite building in a Rehab scheme is a building where the rehab component is equal to or more than 50%.

(a) Notwithstanding the provisions contained in sub-Regulations (2) of this Regulation,

(i) For a building up to height 32m the front open space shall be 3.0 m.

(ii) For a building, up to height 32 m, side and rear marginal open spaces may be reduced to 3.0 m.

(iii) for a building with a height of more than 32 m but up to 70 m the side and rear marginal open spaces shall not be less than 6 m and for a building with a height more than 70 m the side and rear marginal open spaces shall not be less than 9 mand 12 m beyond 120 m subject to fulfillment of fire safety requirements as specified in these Regulations.

  1. Notwithstanding anything contained in these Regulations, the other relaxation incorporated in Regulation No. 33(10) of these Regulations except clauses 6.11, 6.15, 6.16 &6.18 shall apply.The payment of premium at the rate of 25% of the normal premium or at the rate of 6.25% of the land rates as per ASR (for FSI 1), whichever is more shall apply.
  1. If the existing FSI is less than the permissible FSI then the owner may opt for development up to permissible FSI by availing TDR/Additional FSI on payment of premium as per Regulation 30.
  2. If the building is reconstructed by using Zonal (basic) FSI/permissible FSI, the following shall apply:

a)Requirements of open spaces shall be as per Regulation nos.41(1) and 41(2) & 43

b) Premium at the rate as applicable for the area covered under Regulation No. 31(1) &31(3) beyond the existing FSI/BUA shall be paid. Provision of Inclusive Housing as per Regulation No.15 shall have to be made in the case of 9 above, if applicable.

FSI

In case of redevelopment under regulation 33(5), 33(6) & 33(7)(B) of the Regulation of the fungible compensatory FSI area admissible on existing BUA shall be granted without charging a premium.

Provided further that for redevelopment proposal of existing buildings by availing TDR/Additional FSI on payment of Premium, the fungible compensatory area admissible on FSI consumed in the existing building shall be granted without charging a premium, of an existing user is proposed to be continued in the proposed redevelopment then it shall be granted without charging premium…

Provided further that such fungible compensatory area for rehabilitation component shall not be used for free sale component and shall be used to give additional area over and above the eligible area to the existing tenants/occupants. A fungible compensatory area admissible to one rehabilitation tenement cannot be utilized for another rehabilitation tenement.

Provided that, this Regulation shall be applicable only in respect of the buildings to be constructed or reconstructed.

TDR NOT PERMISSIBLE

3.0 CASES NOT ELIGIBLE FOR TRANSFERABLE DEVELOPMENT RIGHTS (TDR):-

It shall not be permissible to grant Transferable Development Rights (TDR) in the following circumstances: –

  1. i) For earlier land acquisition or development for which compensation has been already paid partly or fully by any means;
  2. ii) Where an award of land has already been declared and which is valid under the Land Acquisition Act, 1894, or the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 unless lands are withdrawn from the award by the Appropriate Authority according to the provisions of the relevant Acts.

iii) In cases where the layout has already been sanctioned before these regulations’ layout roads are incorporated as Development Plan roads.

  1. iv) In cases plotted layout where the layout is submitted along with the proposed Development Plan Road, in such cases TDR shall not be permissible for the width of the road that would be necessary according to the length as per these Regulations.

CONCLUSION:

  1. The Redevelopment of collapsed buildings is permissible only if it existed on or after 10th June 1977.
  2. No TDR available and if FSI that is plot potential to construct is consumed redevelopment is not possible as there is no free sale component FSI-TDR available.
  3. Towers are constructed after consuming TDR but the redevelopment of collapsed buildings can be done with existing FSI.
  4. There is no additional FSI and no TDR permissible for redeveloped towers. If it collapses after 15 years there will serious problems for those who are on upper floors. The entire building will have to be reconstructed with own money.
  5. In this if plot potential that is original FSI available on the plot then the flat constructed from TDR will have to sacrifice? There is no clear policy.
  6. SRA buildings if collapsed or otherwise in any circumstances cannot be redeveloped.
  7. Insurance cannot be for the entire loss. Because value is calculated on depreciated price.
  8. The only alternative is to reconstruct at its own cost. But what will happen to flats that are constructed from TDR ? The policy is unclear.

These points were raised on social media screen shots are as under. I feel that deciding on policy for skylines and towers after 2034 will be too late…

Shruti Desai

3 January 2024