DCR changes make few happy, some protest

Realty associations are keen to register protests on the new rules which 'empower the civic chief with sweeping discretionary powers' and help legitimise a host of 'wrongs'

Most developers are not happy with the new buildinglaws that permit the municipal commissioner continueexercising discretionary powers over the buildingapproval process. The real estate associations are all geared up to lodge their protests against the clause that keeps most of the civic chief's powers intact. 

Owning to the large number of stalled projects last year; the state had decided to make amendments in the DC rules hoping to give realty market a boost. The purpose, on the face of things, for the amendment of the Development Control Rules (DCR) was to eliminate discretionary powers that have vested with subsequentmunicipal commissioners with regard to granting certain concessions to building projects.

However, according to the new rules issued by the Urban Development last week, the civic chief will retain his powers. The powers vested with the civic chief include granting 20-35 per cent compensatory FSI, sanctioning free-of-FSI areas such as staircases, lift wells and lobbies, allowing larger-sized canopies and porches and granting 25 per cent additional parking free of FSI. The Builders' Association of India (BAI) and the Practicing Engineers, Architects, and Town Planners' Association (PEATA) are expected to make separate representations to the commissioner about the need to scrap the discretionary powers in entirety.

Ironically, Chief Minister Prithviraj Chavan had said that the changes in DCR were meant to reduce arbitrary decision making and minimise discretion. Also, few developers think that the delegation of powers, as promised, is not evident in the new rules and since the amendment clearly limits the extent of the free Floor Space Index (FSI) areas and charges a premium on compensatory FSI, approvals could very well be granted at local level. According to them, a file moving upto the level of the civic chief adds another three to six months of delay to a project.

It is widely felt that under the guise of revamping the DCR, the new rules legitimise the flagrant abuse of free of FSI areas such as flower beds and lily ponds. 

According to them, the rules have effectively increased the FSI to 2.35. And, instead of clamping down on the abuses by a handful of developers, the state has simply decided 'to earn Rs 1,000-crore annual premium by regularising it.' 

The new regulations permit developers to consume an extra 35 per cent FSI in case of residential projects and 20 per cent in case of commercial and industrial projects for constructing areas such as balconies, ornamental projections,individual terraces and swimming pools. 

This compensatory FSI can be bought by developers by paying the government 60, 80 and 100 per cent of the ready reckoner rates for residential, industrial and commercial properties respectively.

Apart from those who think that the amendments are nothing but a way to legitimise the abuse of free FSI, there are some who feel that the new amendments will establish a level field for developer community and will help keep arbitrary decision making under check. Also, few hope the changes will help boost organised development in the city.