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Sunday, July 22, 2012

The Great Layout Scam If rules on layout recreation grounds are being followed, Mumbai would have at least 23.15 sq km of such spaces, which is more than the amount of reserved open spaces


 Rajya Sabha MP Jave d A k h t a r wrote to chief minister Prithviraj Chavan six months ago asking that a Mhada layout recreation ground (RG) in Juhu remain in the possession of the area's residents. The state housing authority is yet to act on the matter. 
    Residents and activists fighting for layout RGs, which are mandated by Development Control Regulations (DCR), have little to go on except the rules laid down in the DCR. The reason is that there are no central records on these deemed open spaces, which are not open to the general public but are for the exclusive use of local residents. Even the BMC, which is responsible for a majority of the building proposals in the city, does not 

maintain a composite database on layout RGs. 
    The result is that not much is known about layout RGs – which by one estimate should amount to at least 4.8% (or 23.15 sq km) of the city's 482.7 sq km – and this makes them open to widespread misuse, abuse and encroachment. 
    The DCR requires that 15% of a plot measuring 1,001 to 2,500 sq m keep must be kept for a layout RG. This area also can't be used when calculating the building's built-up area. In plots measuring 2,501 to 10,000 sq m, 20% must be kept for an RG, and in plots measuring more than 10,000 sq m, 25% must be kept. 
    A senior civic official sought to clarify why no data 
is kept on layout RGs. "This information is available on every individual layout plan that is passed," said the official. Since the BMC is not the owner of the land, it never felt the need to maintain information on layout RGs in a separate document, said officials in the civic Development Plan (DP) department. 
    Unknown to citizens, a large number of layout RGs are eyed by private builders who look for land to construct on. They target layout RGs as there is no composite record of them, as opposed to traditionally reserved open spaces, like gardens, parks, playgrounds and recreation grounds, which are put on record and are open to the general public. 
    Architect P K Das, an organizer of the Open Mumbai exhibition currently on at the Nehru Centre, said layout RGs should account for at least 23.15 sq km of land in the city, while traditionally reserved open spaces account for just 19 sq km. "Information about layout RGs is vital, as they not only increase the amount of open space available in the city, but act as green lungs in neighbourhoods," he said. 
    A layout RG is created when the BMC approves construction on a particular plot. They must be compulsorily maintained for the exclusive use of the layout's residents. Often, citizens presume that they are created by the builder as an amenity to enhance the price of flats. But they are actually mandatory. 
    "These are deemed open spaces and it is unfortunate that the BMC has no system to document them, because they come into being when building construction plans are passed. The Pune Municipal Corporation has a system for creating such a record," said Das. 
    Gautam Chatterjee, Maharashtra housing secretary, said information that should be in the public domain can be put out on the civic website so that public pressure ensures the open spaces are protected and maintained. 
    At least three instances have come to light in Mhada layouts where housing authority officials had no qualms about offering the 
open space to builders. At Juhu, residents of Al-Hassanat ensured that Mhada did not hand over physical possession of their RG to builders, but the housing body has refused to renew the agreement with the residents. Even an MP's intervention and letters to the chief minister have not helped, said residents on condition of anonymity. 
    But residents of Plot 6 in Juhu have not been so lucky. Their open space has already been handed over to a builder and barricaded for over a year. In fact, two builders have been fighting for the plot and the residents have also intervened in court.
    At a Mhada layout in Pant Nagar, Ghatkopar, a two-storey building has come up on the layout RG space. "Since a powerful politician is backing the project, even the local police refused to accept our complaint. We recently filed a complaint with Mhada and are pursuing the matter under the Right to Information Act," said a resident who spoke on condition of anonymity. 

CLASSIFIED TOP SECRET 

GROUND RULES 
    
Development Control Regulations (DCR) require that 15% of the area of plots measuring 1,001 to 2,500 sq m should be reserved for a recreation ground (RG). This area also can't be used to add to the Floor Space Index 
    20% of plots measuring 2,500 to 10,000 sq m must be kept for an RG 
    25% of plots measuring more than 10,000 sq m must be kept for an RG 

OPEN TO MISUSE 
    
The DCR governs the development of all plots and layouts, including plot sub-divisions 
    Layout RGs are therefore Development Plan reservations and must be notified as such when a project is approved by the BMC's building proposals department 
    To date, there is no consolidated record or information on such open spaces in the city, which is why they are constantly open to manipulation or misuse by occupants or builders 

BOON LOST Mumbai is spread across 482.7 sq km of land, according to data from the Open Mumbai exhibition 54.3% (or 262.2 sq km) of this comprises central government land (railways, airports, defence etc) and natural assets (open spaces, mangroves, beaches, hills, salt pans etc) The remaining 45.7% (220.5 sq km) is available to develop housing, services, amenities, industries and commerce A conservative estimate would place about 70% of development in Mumbai on land over 1,001 sq m. That is 154.3 sq km of 220.5 sq km So at least 23.15 sq km of 154.3 sq km (15%) should have been turned into layout recreation grounds under the DCR If this had happened Mumbai would have more layout RGs than reserved open spaces, which Open Mumbai has calculated as 
19 sq km 
PUTTING IT ON RECORD Open Mumbai's proposals for the Development Plan and Development Control Regulations: 
Upon approval of any plot sub-division or building proposal, the plot/layout recreation ground (RG) must be notified in the Development Plan 
A comprehensive plot/layout RG listing, with areas and locations, must be maintained by authorities. It must be regularly updated when development is permitted on a plot 
Plot/layout RGs must be protected and maintained as open spaces, with total restriction on construction 
No FSI should be granted to these open spaces to prevent misuse 
Source: P K Das & Associates

GOLD OR GREEN: Two builders are fighting each other in court for this Juhu plot, but residents have intervened saying it's a layout recreation ground for their use


PLAY SPACE IN BALANCE: Mhada has not yet agreed to allow Juhu residents to renew their deal to maintain this layout ground


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