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Saturday, May 15, 1999

BMC's notice on illegal lofts soon

EXPRESS NEWS SERVICE  
MUMBAI, May 14: Ward officers in the Brihanmumbai Municipal Corporation (BMC) have been directed to start the process for removal of illegal mezzanine floors and lofts, even though a proposal on regularising such structures is lying with the state government pending approval for over a year.

Following the order issued by the Development Plan (DP) Department on May 11 the ward officers will begin identifying all mezzanine floors and lofts in authorised buildings and issue notices but cannot carry out demolitions of the illegal ones. They have been asked to keep the papers ready but refrain from demolitions till further notice.

In early 1998, the corporation had proposed to regularise all such additional structures constructed before August 15, 1997, which were declared illegal, by charging a premium. This was meant to be a gift on the occasion of 50 years of India's independence. The premium amount has not been worked out yet. While the decision was taken with much fanfare, the state government shot downthe proposal stating that it was not consulted on the issue.

However, the BMC sent the proposal to the state government again. Relenting on the issue the state government advised the BMC to make suitable modifications to the Development Control (DC) regulations for excluding areas of mezzanine floors while computing the floor space index (FSI) under Section 37 of the Maharashtra Regional and Town Planning Act (MRTP), 1966.

According to a senior official in the DP Department the process of modification of DC regulations is likely to take quite some time. Hence, the decision to issue notices. The officer argued that if the state government approves the proposal of regularing the lofts, the notices will be withdrawn and if the government declines, the demolition will be carried out without any delay.

When it was pointed out that issuing notices without following them with demolitions would give enough time to the residents to obtain a stay, the official said, ``We will have enough time on hand to get thestay vacated. Anyway, they can get a stay when notices will be sent to them after the state government takes a decision.'' He added that the main concern of the department was to keep the information handy.

``Once we start serving the notices, people will come forward with their proofs and then we will be able to identify the construction status of the lofts,'' the officer argued. If they want it to be regularised, they should pay the premium or face demolitions, he added. But this argument holds water only if the state government approves the proposal.

The government will give a final decision after modifications in the DC regulations are made and the BMC invites suggestions and objections from the people. This will take at least another six months.

When asked about the delay in issuing notices, civic officers claimed that they were hoping the government would give a nod to the proposal on regularisations. ``Even after the changes in DC regulations the proposal has a 50-50 chance of being approved,''said another officer.

Meanwhile, a ward officer looking confused about the notice asked, ``What is the point in serving notices and then waiting for the state government's nod?'' Since the order by the DP Department has asked the lofts constructed after August 1997 to be demolished, officials will get ample scope to extract money from the residents threatening them with demolition if they do not pay money.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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