SAHAKARSUTRA

The Bharatiya Janata Party (BJP)-led Maharashtra government has set the ball rolling to regularise lakhs of unauthorised buildings and structures in cities across the state, including the Mumbai Metropolitan Region, on the payment of a compounding fee. The state urban development department, which chief minister Devendra Fadnavis heads, on Friday issued draft rules to regularise unauthorised construction till December 31, 2015. The department has invited suggestions and objections on the rules in a month. Lakhs of illegal structures or unauthorised buildings, largely residential ones including those like the controversial Campa Cola compound in Worli, now stand to benefit from this policy. A senior urban development official said, “We have formulated the rules mainly keeping residential structures in mind. Within six months of the rules coming into force, planning authorities will have to invite applications from owners and occupiers for consideration of cases for regularisati...

Barring some exceptions, illegal and unauthorised constructions in Maharashtra may soon be regularised. Within six months of rolling out this order, authorities plan to invite applications from owners and builders and the case would be decided by the officials as to whether the building is fit to be regularised.  However, the way forward is not a bed of roses. The job of assessing numerous buildings in the state is a tough one, but it would certainly come as a major relief for many, including Campa Cola, which had built 35 floors over what was permitted. Second, the move also creates a scenario of unpredictability. Is this the way out for developers who violated the law? Will violations be pardoned with a compounding fee? There have been PILs debating the efficacy of the Maharashtra Town Planning Act (MRTP). Also, the Bombay High Court had put down this proposal twice, and the state government was forced to come up with fresh draft. As of now, it has been agreed tha...

With many projects escaping registration under MahaRERA for not having these sanctions, the forum said the Act “leaves a large section out of the ambit with no controlling authority or grievance redressal mechanism in such cases”. The  Mumbai Grahak Panchayat  (MGP) has written to the housing and poverty alleviation ministry, seeking immediate amendment to the Real Estate (Regulation and Development) Act to enable registration of ongoing projects without sanctioned plans and commencement certificates. With many projects escaping registration under  MahaRERA for not having these sanctions, the forum said the Act “leaves a large section out of the ambit with no controlling authority or grievance redressal mechanism in such cases”. “We have come across many ongoing projects in the state where home buyers have paid anything between 10% and 80% of flat costs since 2012-2013 and there is either no work on the site or very little progress. As the home buyers were anxiousl...

The DP will have to be designed for each of the zones that will see a planned development post implementation of the cluster project that will factor in increased floor space index and allocation of amenities. The  Thane Municipal Corporation  (TMC) is likely to start designing  micro development plans  (DP) soon for each of the eight cluster stretches identified in the city for implementing the redevelopment project to ensure a planned zone with all amenities. According to the plan, the DP will have to be designed for each of the zones that will see a planned development post implementation of the cluster project that will factor in increased floor space index and allocation of amenities. The existing DP that was finalized in 2003 was not designed keeping in mind the cluster project and accordingly, before implementation of the redevelopment in any of the areas, the planners would require a fresh DP to be redrawn keeping in mind the planned infrastructure in s...

Investors in residential projects being developed by JVPD Properties Limited in Powai, Dahisar and Kanjurmarg say that construction is yet to start at the sites. Builders claim they are waiting for necessary approvals. Home buyers of three more yet-to-start projects of  JVPD Properties Limited , which is already under the scanner of the Bombay High Court for failing to kick off another residential complex in Mira Road, claim that they have been cheated by the builder too and are planning to take the legal route as well. The latest allegations pertaining to Serenity in  Powai , Sapphire in Dahisar East and Savannah in  Kanjurmarg  East come after Mumbai Mirror reported on October 5 that the High Court directed JVPD Properties Limited, owned by reputable builder Lakshman Bhagtani and his sons, to refund all investors of the Bhagtani Riyo housing project in Mira Road, as they failed to develop the residential complex after accepting money from several home buyers. ...

The corporation's key objectives will be to get all organizations involved in providing affordable housing under one umbrella. The state government will soon set up a Rs 2,000 crore  Maharashtra Affordable Housing Development Corporation to achieve the target of constructing 20 lakh tenements by 2022 under the Pradhan Mantri Awas Yojna. A senior bureaucrat told TOI on Thursday that the corporation's key objectives will be to get all organizations involved in providing affordable housing under one umbrella. The new corporation will be incorporated with the shareholding of the  Maharashtra Housing and Area Development Authority , Slum Rehabilitation Authority , Shivshahi Punarvasan Prakalp, Nagpur Improvement Trust, MMRDA, Cidco and  National Housing Bank . “The 13-member corporation will be headed by the chief minister, the vice-chairman will be the housing minister, additional chief secretary (housing) and CEOs of Mhada, MMRDA, Cidco, Nagpur Improvement Trust, Nati...

Illegal constructions carried out before December 31, 2015 in residential, commercial and industrial zones will be considered for declaration as ‘compounded structure’ on payment of compounding charges. The state urban development department on Saturday issued rules for  illegal structures  to be legalised on payment of a penalty. Illegal constructions carried out before December 31, 2015 in residential, commercial and industrial zones will be considered for declaration as ‘compounded structure’ on payment of compounding charges. The structures do not risk demolition once the owners or residents of these structures pay the charges. However, no new development is permitted in such a structure; only repairs and maintenance are permitted. Reconstruction or redevelopment will be allowed only if the prevailing regulations permit it. If an  unauthorised construction  is on land reserved for public purposes it will be considered for regularisation provided the urba...

The deputy registrar office of co-operative societies in Pune issued the directives after it was observed that out of 16,376 registered housing societies in the city, 4,000 failed to complete the election-related formalities till date. The state govt. has said that any transactions or deals conducted by an expired managing body of a co-operative housing society will be declared null and void by the state co-operation department. The serious violation may invite suspension of body followed by the appointment of an administrator. The deputy registrar office of co-operative societies in Pune issued the directives after it was observed that out of 16,376 registered housing societies in the city, 4,000 failed to complete the election-related formalities till date. Officials also noted that many housing societies have postponed their elections for indefinite period without informing the deputy registrar office. In many cases, the same managing committee is functioning without getting ...

In one of its sternest moves so far, the BMC is considering notifying the Maharashtra Pollution Control Board (MPCB) about these recalcitrant societies More than 3,000 of the 5,000-odd housing societies and establishments here that have not yet begun to treat their waste despite the October 2 deadline could face power and water cuts. In one of its sternest moves so far, the  BMC  is considering notifying the  Maharashtra Pollution Control Board (MPCB) about these recalcitrant societies. As many as 3,140 of the 4,749 bulk waste generators in Mumbai that were issued notices to treat their own garbage have not responded to the BMC in the affirmative so far. Merely 251 or around 7% of the establishments served notices have begun composting. Some 188 societies have sought an extension, though the BMC has made it clear it would show consideration only to those that can cite a valid reason. The BMC had announced that it would stop lifting waste from bulk generators in ...