CM picks a ‘clean’ babu as BMC chief

Mumbai: Chief minister Prithviraj Chavan on Monday appointed state planning secretary Sitaram Kunte as the new BMC commissioner. A clean image and the Marathi manoos facrace for the coveted civic chief 's post, but Kunte emerged as the personal choice of the chief minister. Chavan expects that Kunte will ensure transparency in the administration and continue with the policies drafted during Kumar's tenure,'' a senior bureaucrat told TOI. Kunte is the youngest commissioner in the municipal corporation's history. 

    Soon after Chavan assumed office in 2010, he had asked Kumar to revise the Development Control rules and curb the efforts of a section of builders. "Chavan expects Kunte too to adhere to his guidelines, so that the powerful builder lobby does not take the aam admi for a ride," he said. tor worked in Kunte's favour over high-profile aspirants. 

    Kunte (51) succeeds veteran bureaucrat Subodh Kumar, whose three-month extension expired on Monday. "It's a fact that some highprofile babus were in the CM wanted chief with BMC stint 

    Amonth ago, when CM Prithviraj Chavan launched a search for a BMC commissioner to replace Subodh Kumar, four names were considered—additional chief secretary T C Benjamin, the CM's principal secretary A K Jain, principal secretary (housing) Gautam Chaterjee and MMRDA commissioner Rahul Asthana. While Kunte belongs to the 1985 batch, Benjamin belongs to the 1979 batch and Jain and Chaterjee to the 1982 batch. 

    On Sunday night, when Chavan began deliberations with chief secretary Ratnakar Gaikwad and other officials in his secretariat, he expressed the view that he was looking for a bureaucrat who has worked in the BMC so that if appointed, he could get on with the job from day one. "Ultimately, Chavan himself shortlisted Kunte's name," a senior bureaucrat said.     Kunte worked in the BMC as joint commissioner in 2000-01 and additional commissioner between 2001 and 2005.

Planning secy Sitaram Kunte, 51, is the city's youngest civic chief ever

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BMC wants cluster-scheme bar raised for urban renewal

The BMC has sought an increase in the minimum area for cluster redevelopment from one acre to five acres. It also wants that old and dilapidated buildings should receive more incentive floor space index (FSI). These requests, to the urban development department, are part of municipal commissioner Subodh Kumar's wider plan for Mumbai's urban renewal, for which he has set up a committee. It will suggest ways of carrying out redevelopment with an eye to create facilities like wide roads, parking lots, open spaces and educational institutions. 

    The cluster redevelopment policy when launched in 2009 had mandated a minimum acreage of 10. But this was reduced to one under pressure from developers. Despite the concession, only five projects were approved, the largest being the 14-acre Bhendi Bazaar project that is being implemented by the Bohra Trust. 

    Kumar says cluster redevelopment should be big enough to enable road widening within the area and on the periphery, and to retain Development Plan reservations. As per the policy paper, "Since managing a (cluster redevelopment project) is more difficult and the implementation period is long, involving higher interest costs, incentive FSI shall be more liberal as compared to that (for the old and dilapidated building redevelopment scheme)." 

    Kumar has proposed that there is no need to give a uniform FSI of 4 to all cluster projects. "Since it (will be) an area development scheme on minimum five acres, it will be possible to utilize higher FSI in situ, without creating congestion." 

    Utsal Karani, secretary, Janhit Manch, said the proposal would enable the creation of better civic infrastructure. "It will bring in builders with better track records, who will ensure that they deliver on rehabilitation as well as civic infrastructure." 

    Kailash Agarwal, proprietor, Nish Developers, who has already undertaken a seven-acre cluster redevelopment project in Parel, said such projects were the only way to bring about urban renewal. "If the requirement is only one acre, it is difficult to put in place a sewage treatment plant and solar panels, and create open spaces. A larger area allows for such amenities to be set up. Also, with one-acre plots, the city will never get wide roads." 

    Agarwal said he had been urging government officials to study his project, understand the difficulties and tweak the policy so that implementation of future projects became easier. 

INCENTIVES FOR PROJECT 

New proposal by Mhada 

and BMC to boost cluster 

redevelopment Provide 10-20% additional rehabilitation area to tenants/occupants Increase ceiling of incentives offered to developers from a maximum of 70 sq metres to 100 sq metres Revise area-sharing ratio between developer and Mhada/BMC from 0.5:1 to 1:1 Create one-window system with Mhada as approving authority Remove FSI cap of 4 for cluster schemes Give developer incentive FSI of 80% against every 100 sq ft of rehab area, including accommodation reservation like housing for displaced, schools and hospitals Cluster Redevelopment Policy 

    The state has adopted a policy for private redevelopment of dense housing clusters spread over areas of one acre in the island city 

    The policy offers a floor space index (FSI) of 4 or that required for the rehabilitation of existing occupants, whichever is more, plus an incentive FSI to developers taking up reconstructing of pre-1960 buildings 

    Developers can commercially exploit an area that is 55-80% of the rehabilitation area Why is the scheme not taking off? 

    No dilution of reservation as sought by developers 

    Lack of clarity: BMC and deputy collector (encroachment) disclaim any responsibility for certifying legal slums and evicting illegal shanties 

    Mhada disclaims any responsibility for taking action against the balance 30% of tenants who refuse to give consent 

    Tenants revoke consent when a competitive builder offers additional benefits, despite a scheme getting high-power committee nod 

    Not all is well for tenants. Those owning two flats in a building refuse to give consent as under the policy they are entitled to only one 300-sqft rehab flat 

    Developers want additional FSI for developing amenities like schools and dispensaries 

    No mechanism exists to resolve dispute between multiple government agencies, developers and tenants

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Mhada seeks eviction of rebel tenants

 Mhada has sought the forced eviction of tenants who hold up cluster schemes despite being in the minority. The housing board wants the compulsory acquisition of rebel tenants' properties after a developer gets the approval of 60% of the total number of tenants as against the current 70% norm. 

    "Such a drastic step is required as many tenants do not raise genuine objections and make outlandish demands from developers," said a senior Mhada official. 

    The new proposal has sought to clear confusion about the roles of various agencies on evictions and notifications. 

    The civic body, on its part, has focused on development norms. About the proposed removal of the FSI cap of 4, civic officials said that in many schemes, the major portion of FSI would be consumed in constructing rehabilitation buildings. 

    The new proposal was framed following a review meeting of redevelopment schemes by the chief minister, where he expressed unhappiness at the haphazard way single buildings were being redeveloped without proper infrastructure. Keeping Chavan's views in mind, several restrictions to single building redevelopment have been proposed. 

    Kailash Agrawal, managing director, Nish Developers, which is developing a cluster scheme in New Islam Mill Compound, Lower Parel, said, "The government has been unable to clarify certain issues plaguing the cluster redevelopment policy. Under the policy, the government initially allows 50% of the total developable space of a plot to be used for rehabilitation and free sale. The balance 50% is permitted for development later. As the number of tenants for rehabilitation in our project is large, I have had to utilize the whole of the granted 50% space for constructing rehabilitation buildings."

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Have rainwater harvesting, get bldg clearance: Govt

Mumbai: Permission will not be granted for new buildings in Mumbai unless they have rainwater harvesting facilities. This is what the state government has proposed for construction projects in the city. 

    "The water level in the state's rivers has gone down. Similar is the problem with lakes providing drinking water. People should make sensible use of water. To deal with the issue of water shortage in the city, the water supply department will soon hold a meeting with chief minister Prithviraj Chavan and BMC officials. We will move a proposal to ensure that not a single building proposal gets clearance from civic officials if it does not provide rainwater harvesting facilities," water supply minister Laxman Dhoble said on Friday. 

    The first draft rules for rainwater harvesting were framed by the BMC in 2002, making it mandatory for every building on a plot measuring a minimum of 1,000 sq m to instal a plant. But the rule was not followed by many. In 2007, the government reduced the size to 300 sq m. According to recent BMCdata, nearly 4,000buildings in the city were yet to implement the rule even after being offered incentives. 

    When Dhoble's attention was drawn to the existing rules in the civic body, the minister said: "We want the rule to be made mandatory for every housing complex in the city. Also, to ensure effective implementation of the proposal,sternaction willbe proposed against the developer and civic officials concerned for not complying with the norms." 

    The city gets nearly 3,450 million litres of water every dayfrom six lakes asopposed to a demand of 4,250 MLD. 

'Alarming situation' 

    In a press release, Laxman Dhoble's water supply department claimed that the water situation this year was worse than what it was in 1972 and 2003, when the crisis had peaked due to drought. "The government has roped in tankers to supply water in areas where there is a drought-like situation," Dhoble said. He said rivers in rural areas had dried up and a meeting would be held with the CM to discuss the issue.—Sanjeev Shivadekar

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‘State govt not helping create affordable homes’

Mumbai: With the cost of housing increasing, the Maharashtra Chamber of Housing Industry (MCHI), a developers' body, on Wednesday blamed the state government for not boosting measures to create affordable housing stock, including 5 lakh homes planned jointly between MCHI and the government. 

    In a statement, MCHI-Credai, as it is known on joining hands with the Confederation of Real Estate Developers Association of India (Credai), said two years after a deal (April 28, 2010) to construct 5 lakh homes, the government has not amended development rules and provided incentives nor set up a nodal agency to handle approvals through a single window clearance system to clear projects. 

    "The overall objective of the initiative was to go for construction so as to address the yawning housing demand-supply gap and to provide affordable homes to the EWS, 

LIG and MIG groups. The plan was to roll out in 60 days. But not a single paper moved despite several reminders,'' MCHI-Credai president Paras Gundecha said. "It would have kept market rates under check. Instead, Mumbai has emerged as the costliest real estate market,'' he said. 

    Senior government officials said the developers argument is based on half-truths. "The real issue is developers do not want the state to implement the Centre's scheme of compulsorily reserving 20% in 2,000 sq mts vacant plot for low-cost housing. They want the state to implement the incentive-based Mhada scheme wherein a developer gets a FSI of 1.75 against 1.5 earlier and also gets a higher cost of construction of Rs 6,000 a sq ft for every low-cost apartment he constructs for Mhada. 

    A bureaucrat said that in meetings with the CM, developers had been clearly told that the Maharashtra Housing and Area Development Authority (Mhada) and not the Mumbai Metropolitan Region Development Authority would be the nodal agency.

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Decks cleared for Dharavi project

Mumbai: Clearing the decks for the Dharavi redevelopment project to take off, the Bombay high court on Monday dismissed a PIL challenging the Maharashtra government's decision to appoint Mhada to redevelop one part of the sprawling slum. Accepting the state's contention that it was a policy decision, a division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar refused stay the government's decision to hand over sector 5 to Mhada for redevelopment. 

    "The decision to hand over Sector 5 to Mhada is considered as a public project and after considering its success, the state will be in a position to consider the development of the rest of the area,'' said an affidavit of the housing department submitted to the court by assistant government pleader Milind More. 

    Dharavi, once considered as Asia's biggest slum is spread over 592 acres of land. Around 377 acres of the slum is being taken up for redevelopment, and there are plans to rehabilitate over 59,000 families n 300 sq ft flats. While the cutof date for rehabilitation has been set at 2000, earlier this year in January, the state took a decision to provide free houses to post-2000 slum dwellers by regularizing the structure by charging transfer fees. 

    Work on the Dharavi redevelopment project was initially started in 2005. "The government had decided to rope in private developers to redevelop Dharavi and had invited global tenders. On the eve of opening the commercial bids, the state government has changed its decision and decided to hand over a part of the project to Mhada,'' said the advocate who was representing the petitioners Dharavi residents Anand Honkeri and Shaukat Khan. 

    In May 2011, the state scrapped the bidding process for Dharavi's redevelopment and allotted sector 5 to Mhada. 

    The state said it had the right plans in the interest of slum dwellers. A major part of the land in sector 5 is owned by the state, Mhada and BMC. Further, Mhada has transit camps in the locality to temporarily accommodate families whose structures would be taken up for rehabilitation. Mhada's past experience was also taken into consideration while allotting them Sector 5.

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Raymond to Sell 9.4 acres in Thane for . 140 crore

Textile major Raymond is in advanced talks to sell a large parcel of land in Thane, to a local developer. Sources familiar with the development told ET that the textile firm wants to sell around 9.4 acres out of the 125 acres it owns in the city. 

The transaction could help the company raise as much as . 140 crore. The plot is close to the Mumbai–Nashik expressway and has reservation for a garden, school and a market. 

But, a problem for the potential buyer could emerge in the form of slums, about 400 of them, as those living there will have to be provided alternative accommodation. 

The developer can get incentive in the form of transferable development rights for the reservations and slum rehabilitation component. 

A Raymond spokesperson, however, was unavailable for comment. 

Raymond had plans of either jointly developing the project or selling it after agreeing to an out-of-court settlement with its labour union which used to work in the textile located on the property. 

On Friday, Raymond's shares closed at . 413.7 on BSE, down 2.4% from Thursday's close. The textile company owns 125 acres in Thane.

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‘Builders can Borrow Abroad only for Low-cost Housing Projects’

Ministry says 90% of units must be for low-income persons while the rest may be open to top-end group

The government will allow builders to raise overseas debt only for projects where 90% of the units are for low or middle-income groups, according to a senior official in the ministry of housing and poverty alleviation. 

The official said these projects will, however, be permitted to have highend apartments or commercial spaces in the remaining area. Apartments under 85 sq metre, or 900 sq ft, of covered area are classified as MIG. Finance minister Pranab Mukherjee had announced in the Budget that external commercial borrowing will be permitted for low-cost housing, but he had not defined the projects that will be eligible for it. Real estate companies were allowed to raise funds through ECB in 2009 only for integrated townships. Other projects cannot access overseas funds through this route. 

The ministry of housing is working with the department of financial services in the finance ministry to finalise eligibility norms of projects for ECB, the official quoted above said. The move is expected to spur investments in low-cost housing projects as overseas funds could be raised at lower rates. High cost of funds are often blamed for making low-cost housing a non-starter in the country. 

In 2009, the government had allowed real estate companies ECBs but only for integrated townships. 

The housing ministry is also working on defining 'affordable housing' and is formulating guidelines on how to optimise the use of land for this segment. "Along with cheaper funding, this segment requires cheaper land. We are studying how land can be made available to them," said the official. 

To boost the supply side, the ministry's committee on affordable housing is studying what other financial support can be given to developers. This could include stamp duty exemption, lower development fees, capital subsidy on the housing stock, income tax rebate or even land concessions. Currently, a developer constructing low-cost houses can seek . 15,000 per unit of government assistance. 

To mobilise demand for smaller homes in the economically weaker section and low-income group category, the ministry has suggested a credit facility to buyers with much higher interest subsidy than is available today. The current scheme offers buyers an interest rate subsidy of 5% for loans under . 1 lakh but since there are no homes that are on offer at such low prices, there have been no takers for this scheme either. "We are suggesting an interest subsidy between 3% and 5% for loans under . 5 lakh," he said.

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Bldrs sit on plans, wish for ‘lenient’ civic chief

Mumbai: A section of Mumbai's developers, hit hard by the tough new building rules, will heave a sigh of relief when municipal commissioner Subodh Kumar retires this month-end. They are hoping for a pliable and lenient successor, who will listen to their woes. 

    The amended Development Control Rules (DCR) approved by the state government last January drastically reduced profit margins of unscrupulous builders, who misused building concessions offered to them by successive municipal commissioners. 

    New rules plugged loopholes and left no scope for manipulation. The BMC has now been empowered to levy a hefty premium on builders, who want to utilise 35% extra area for residential projects and 20% for commercial projects. "They have been biding their time and are not submitting their building plans till the commissioner retires," said sources in the industry. 

    A prominent builder who sold more than 100 flats in his Kalina project even before work commenced is one of those believed to be badly hit because of the new DCR. "Flat purchasers have been chasing him since the past one year and he has posted musclemen at his office to keep them out," said sources. This developer is hopeful of getting the building plans sanctioned after Kumar leaves. 

    Civic officials said it would be very difficult to manipulate the new rules in favour of any builder even if the BMC got an "amenable" commissioner. "No civic chief can tinker with 

the rules as they are now cast in stone," they said. 

    Most builders find Kumar brusque, adamant and someone who refuses to budge from his position. Two weeks ago, he told builders that "any change unsettles everyone initially". Kumar, who crafted the new policy, gently chided architects for their "creative designs" which led to major manipulations in the past. 

    Initial confusion over the implementation of the new policy had builders bitterly complaining that project files were stuck and junior-level officials were unable to decide on them. But the BMC said as many as 32 building proposals have been cleared since the new rules came into force. 

    Officials said the building approvals process has been streamlined and files are being cleared at a much faster rate. They said that once the project file is dispatched from the zonal office to the municipal commissioner, it takes barely 10 days for the final approval. 

    Last month, Mayfair Housing paid a premium of Rs 2.78 crore to the BMC and became the first developer in Mumbai to get its plans approved under the modified regulation for its project, Mayfair Kumkum, at SV Road, Andheri (W). 

    But real estate industry sources said that the 32 projects approved were all old proposals which were sent back to the drawing board by the BMC after the new policy was announced by the state government last January. 

    "Virtually no new proposal has been submitted to the BMC. The ones approved were old building plans redesigned as per the new policy," said a leading architect.

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Civic approval clears way for 22-storey bldgs in Vasai-Virar

Mumbai: The proposed amendment to the Development Control Regulations (DCR) for the Vasai-Virar region has been approved by the civic general body paving the way for high-rises up to 22 storeys in the region. 

    The proposal will now be sent to the state government for sanction. The Vasai-Virar Municipal Corporation (VVMC) had moved the proposal to amend the 2004 DCR approved by CIDCO. Last week, the DCR proposal was approved at a special general body meeting of the civic house. The ruling Bahujan Vikas Aghadi (BVA) got 51 votes in favour of the amendment. Vasai MLAs' Janandolan Samiti corporators opposed the proposal. 

The proposed DCR offers scope for construction of towers up to 70 metres (22 floors). At present, buildings up to 24 metres or seven floors are permitted as per the 2004 DCR. The civic administration's decision to go vertical is based on a high-power committee recommendation to extend 22 DCR of Mumbai to the rest of the Mumbai Metropolitan Region (MMR). Several redevelopment projects in the region are awaiting the civic nod. Corporators, however, say that infrastructure needs to go hand in hand with development. The lack of sufficient water supply, problems of load shedding, poor condition of roads and connectivity with Mumbai, need to be tackled before going vertical, said corporators. 

    The civic administration will invite suggestions from the public before submitting the proposal to the government for sanction. Mira-Bhayander also to go vertical T he Mira-Bhayander township is all set to go vertical. The state government has decided to allow an FSI of 2.5 for the extended suburb. The decision will be implemented in the next three months, said Bhaskar Jadhav, minister of state for urban development, said in reply to a calling attention motion. The issue was raised by Shiv Sena group leader in the assembly Subhash Desai. TNN

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‘DIFFICULT TO KEEP TRACK’

HC orders Mhada to identify illegal transit tenement occupiers

Mumbai: The Bombay high court ordered Maharashtra Housing and Area Development Authority (Mhada) to find out how many people are staying illegally in its transit tenements. 

    Justice Amjad Sayed heard seven petitions filed by occupants of a transit camp at PMGP Colony in Mankhurd, challenging their eviction orders. The joint chief officer (JCO) held that only a bona fide occupant of a cessed building is entitled to stay in transit accommodation. Petitioners produced affidavits by tenants of 

cessed buildings who allegedly transferred rights in the petitioners' favour. Justice Sayed said even if the documents are genuine, they could not explain how the documents could create any rightin their favour in cessed buildings. 

    Mhada's advocate Vaibhav Parshurami submitted there are over 22,000 tenements in Mumbai and it is difficult for Mhada to keep a check on unauthorized occupants. Justice Sayed said this was unacceptable, when Mhada employees are collecting rent from the occupants. The judge directed Mhada's vice-president and chief executive officer to submit a comprehensive report within three months on this matter.

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Bandra flat rates soar 300% in 6 yrs

Mumbai: Bandra-Khar (west), Mumbai's costliest real estate belt outside the island city, exemplifies the unrealistic property prices despite a market meltdown. 

    Bandra's Carter Road, Bandstand and Pali Hill are trying to catch up with Cuffe Parade and Malabar Hill. Prices in these upmarket suburban enclaves here have spiralled to between Rs 40,000 and Rs 60,000 a sq ft from Rs 15,000 per sq ft only six years ago. 

    In a recently completed luxury building on Pali Hill, which was recently mired in controversy over construction violations, the developer is believed to be quoting a mindnumbing Rs 75,000 sq ft (carpet area) and has sold apartments at close to Rs 40 crore each. 

    Recently, a 1,140 sq ft flat (carpet) on Pali Hill was sold for Rs 7 crore. A sea-facing apartment of similar size on Carter Road has received offers of up to Rs 9 crore—the owner wants Rs 11 crore. Elsewhere in Bandra-Khar, the average rate is Rs 25,000/sq ft. 

    Even tiny one-BHK flats in old buildings are being quoted at Rs 1.5 crore while 2-BHKs command around Rs 3 crore. In brand new towers, builders demand 20% to 40% in cash upfront, encouraging only those with black money to invest. Fly-by-night bldrs may lose out in Bandra-Khar TIMES NEWS NETWORK 

Mumbai: Pankaj Kapoor of Liases Foras, a real estate research firm, said prices in Bandra-Khar are symptomatic of the malaise in Mumbai's property market. "These are unproductive prices and builders quote unrealistic figures. They are trying to equate Bandra with Nepean Sea Road,'' he said. 

    As prices reached dizzying heights, Bandra-Khar became a prime example of civic lawlessness and urban chaos. Over the past decade, the lucrative belt attracted the land mafia and a new breed of rapacious builders linked to politicians and the underworld who built luxury skyscrapers on tiny plots in narrow lanes, which once housed quaint bungalows. 

    Citizen activists consistently complained about the thriving nexus between local BMC officials and developers that led to haphazard development in this once peaceful suburb. In many of the bylanes, buildings have come up with no open spaces around them. In some of the new constructions, balconies and cantilever projections virtually touch the road line. 

    But things are about to change. Many fly-by-night builders who bucked the system by bribing BMC officers, are slowly getting edged out of the Bandra-Khar market. Building rules which were amended by the BMC and approved by the state government last January have hit them hard and affected their profits. Local property market 

sources said around 20 plots bought by such builders at astronomical rates are now up for sale. "They were used to making 200% profits on each project by selling certain areas of the building illegally to flat purchasers. The new rules have stopped this gross misuse,'' said these sources. Another local developer said, "They have realized that plots they bought at high rates will not yield them the super-profits they earned over the years through manipulation.'' These builders made a huge killing in the past decade by manipulating building concessions granted to them by successive municipal commissioners. They illegally sold areas like flower beds, voids, common lobbies, terraces at market rates to flat buyers, although these areas were not part of the building's floor space index (FSI)—the permissible built up area vis-a-vis the plot size. 

    Land prices in Bandra-Khar were artificially jacked up because these builders paid Rs 6 lakh to Rs 7 lakh a square yard for a plot, knowing that they would make super profits by misusing building areas by bribing BMC officials. 

    A crooked builder could build over 60,000 sq ft on a 1,000 sq yard plot by misusing concessions. Under the new law, he will not be able to build more than 40,000 sq ft saleable on a similar sized plot. Moreover, his profit will take a hit because of the premium he will pay the BMC for the compensatory FSI. "A new breed of builders will now move in; the old unscrupulous ones will be pushed out because they cannot reconcile themselves to decreased profit margins,'' said a building industry source.

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Mild Tremors Jolt Citizens No Loss Of Life Or Property Recorded

Mumbai: Citizens felt mild tremors for a few seconds in the city on Saturday morning.      According to Met department officials, the tremors were a shock effect of the earthquakes in Gujarat and Maharashtra.      Officials recorded a tremor measuring 4.9 on the Richter scale at 10.58am on Saturday in Satara, which is 213 km from Mumbai. Around 25  houses in the Konkan region were damaged. An aftershock was felt at 11.47am in Kolhapur, sending slight tremors in Mumbai again.      Those residing in Ballard Pier, Byculla, Dadar, Kurla, Chembur, Vashi, Santa Cruz and interior areas of Andheri are said to have experienced aftershocks. "I was reading a newspaper at home when I felt my chair shake. My father sitting opposite me also felt the same. I realized that we had felt a tremor," said Byculla resident Khushi Sharma.      India Meteorological Department director (Mumbai) Bishwombhar Singh said, "Two tremors were recorded in western India on Saturday. The first one, measuring 4 on the Richter scale, occurred at Bhuj in Rann of Kutch, Gujarat, at 8.53am. The one in Maharashtra occurred at 10.58am and its epicentre was Satara. There is no imminent threat or danger to Mumbai".      No loss of life or property was reported in the city.  MUMBAI'S RISK FACTORS Over 16,000 dilapidated buildings  The city's population density of 20,038 persons per sq km in the island city and 20,925 in the suburbs poses a challenge  Implementation of quake-resistant building codes questionable, particularly in older buildings  QUAKE-PROOF STRUCTURES  They aim to be monoliths or single entities where floors, walls and roofs are bound through steel liner plates that provide a cross-bracing of sorts. This helps the building put up a united front to a quake We are safe, can be safer: Experts  Mumbai: Saturday's tremors put the spotlight on the city's vulnerability to such disasters. A stricter vigil of earthquake-resistant building codes is needed, said experts, adding that Mumbai's cessed structures, slum sprawl and high population density pose enormous challenges in the face of an earthquake.      Said geologist V Subramanyan, "The BMC should conduct a survey to see how many of Mumbai's buildings are seismically-safe and strengthen those found unsafe through retrofitting."      He also underlined the need for an "upper limit to be placed on high-rises" given that the city falls in the moderate-risk seismic zone.      Pointing out that there are 16,000 dilapidated structures identified by theBMC and over 50% of the population lives in slums, experts said that there is a huge gap in the city's earthquake-resistant housing stock.      "The city's high population and structural density pose a challenge to disaster management but we have prepared a standard operating procedure to deal with earthquake-induced building collapses and landslides," said M Narvekar, head of the BMC's disaster cell.      Experts said newer structures have built-in seismic safeguards which are required to be followed by redevelopment projects as well. "New buildings are on a par with global standards and are designed to handle seismic load," said architect Hafeez Contractor.      Subhash Patil of the Institution of Engineers said the 1997 Latur earthquake had served as a wake-up call to engineers and buildings in Mumbai are safe enough to withstand the earthquake effect.      Prof Deepankar Chaudhary of IIT-B sounds a word of caution. "We are not that well prepared. The norm is to follow the Indian standard code to build safe structures but the codes which relate to designing foundation of buildings, retaining walls, etc, haven't been updated since 1984. Dynamic soil properties within cities, another major factor in determining safety, are not spelt out in building codes."

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‘Register, then redevelop’ State Wants Bldrs To Sign Up With SRA Before Starting Slum Projects

Mumbai: The state government will amend rules to make it mandatory for builders to register themselves with the slum redevelopment authority (SRA) before being allowed to redevelop slums. 

    "There are lots of complaints against SRA developers. But there is no provision to blacklist them. Only those registered with the SRA will be allowed to participate. The Slum Act Bill has been passed by the state legislature. The state will make the necessary amendments to keep a tab on SRA developers," Sachin Ahir, minister of state for housing said. "The new Annexure three would deal with financial capability of the developer," Ahir added. Ahir was replying to a calling attention motion raised by Vinayak Mete (NCP) in the state legislative council on Thursday. 

    Vasant Davkhare, deputy chairman of the council, directed the state to take cognizance of increasing irregularities in the SRA. "There are complaints against every SRA project. Injustice is done to the real beneficiary of the scheme (slum dwellers)," Davkhare added. 

    Prakash Binsale (NCP) said that there were no clear directives from the government on who can take up SRA projects. "Anyone forms a construction group and puts up a board of an SRA project. The government should check whether the developer is financially sound for handling the redevelopment project," Binsale said. 

    Vidya Chavan of the NCP alleged that the scheme was driven by the builder lobby and developers had taken over the government scheme aimed at making Mumbai slum-free. "SRA officials don't have the time to meet slum dwellers who want to complain against the developers," Chavan said. 

    Admitting that developers had taken over the scheme, Ahir said, "Those having objections to any SRA project can lodge their complaints with the high-power committee (HPC) headed by the housing secretary. The department will also form one more HPC, which will be headed by an IAS official."

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Govt may tweak rules for Mhada colony redevelopment

Mumbai: In a move that may impact redevelopment of many housing societies in the city, minister of state and housing Sachin Ahir said on Wednesday that the state was planning to introduce new guidelines for redevelopment of Mhada colonies 

    Ahir was replying to a discussion in the legislative council. The government permits a floor space index (FSI) of 2.5 for redevelopment of Mhada colonies. The state housing department had imposed a condition that developers either share a portion of the surplus FSI or hand over a share of the built-up tenements to Mhada. While the conditions were imposed to overcome the shortage of house, Ahir admitted that the response to it had not been satisfactory, with only seven developers/societies coming forward. 

    Opposition leader Vinod Tawde demanded a rethink of the conditions. Ahir said that a common ground, which was acceptable to both developers and Mhada, would be attempted, and a decision would be taken within one month.

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Majority wins battle for hsg soc’s redevpt Decision Taken By General Body Final: HC

Mumbai: The Bombay high court has set it in concrete: a decision for redevelopment taken by a housing society's general body will prevail. 

    Brushing aside the objections raised by three members of Jaydeep Apartments Cooperative Housing Society in Borivli (W), Justice S J Vazifdar paved the way for the 27-year-old building's redevelopment and ordered the dissenting three to vacate their flats by April 30, 2012. 
    The three had not attended the society's general body meeting in which the redevelopment decision was taken. 
    "The question of balance of convenience is obviously in favour of the (builder), the society and the 51 members who are waiting for their new flats," said the judge. "If the reliefs sought are not granted, they would, for reasons too obvious to enumerate, suffer grave and irreparable harm and injury." 
    The court was hearing a petition filed by Vaz Infrastructure Ltd seeking eviction of the three flat owners as they had refused to vacate the premises. While ordering the three to vacate their flats, the court said they "would not suffer much harm". "Their interests are safeguarded in every possible manner, especially by their being put in possession of flats which are of greater value than their own flats," said the judge. 
    The court referred to earlier judgments in such cases and held a builder could approach the court seeking implementation of a deal struck between the developer and a housing society when the project fails to take off for various reasons, including opposition from a minority group of flat owners. 
    "The judgments hold that the developer, in such circumstances, can maintain an action for obtaining possession of the property from the society; that in such an 
action, reliefs, including interim, can be granted requiring the dissenting members to hand over possession of their flats to the developer through the society and that the minuscule dissenting minority is bound to comply with the resolutions duly passed by the society for the redevelopment," said the judge. The court said developers were at liberty to launch legal proceedings to claim damages from members who fail to vacate. The judge clarified he was not concerned with the issue as no such application was before the court. 
Jaydeep housing society comprises two wings with an extension and has 54 members. In 2010, following a general body meeting, the society decided to go in for redevelopment and appointed Vaz as the builder. As per the agreement between Vaz and the society, all flat owners were to vacate the premises by July 2011. In court, the three members doubted Vaz's capability to carry out the work. But the court said that 51 members had taken a decision and the three had not challenged the redevelopment proposal itself. 
LEAVING NO ROOM FOR DISPUTE 
Jaydeep Cooperative Housing Society in Borivli enters into a redevelopment agreement with Vaz Infrastructure Ltd following a general body meeting 
Three of the 54 society members object to the choice of builder and refuse to vacate their flats 
Vaz moves court seeking eviction of the three flat owners 
The Bombay high court rules that the redevelopment decision taken by the housing society's general body will prevail and orders the three to vacate their flats

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BMC rises to bldrs’ expectations, seeks to relax highrise norms

Mumbai: The city'sskyline is set to change. 

    Paying heedtodevelopers' demands,the civic body has submitted a proposal to chief minister Prithviraj Chavan to relax norms for skyscrapers. Currently, buildings over 70m or those with 24 storeys require clearance from the state government-appointed highrisecommittee. 

    Under the new proposal, the civic body will approve buildings that are up to 120m tall or those with 34 floors through agencies liketheIndian Instituteof Technology(IIT). Plansfor buildingsthat are120m to250m tall would be approved by consultants who have constructed three buildings of this height. For buildings over 250m, developers will have to get the plans approved by foreign consultants. 

    A high-ranking official in the chief minister's office said it will take some time before the proposal is approved. "The chief minister has sought clarifications from the civicbody on some points.Hewantstoknow the basic reason for stipulating a height of 120 m or for that matter 250m.He alsowants to know where such buildings can come up and the impact they are likely to have on local infrastructure. Chavan does not like to approve a proposal if there is no rationale behindit," saidtheofficial. 

    The CM, who recently met head of the highrise committee Justice (retired high court judge) S S Parkar, has directed the state urban development department to frame guidelines clearly stipulating the powers of the highrise committee and the state-level environment assessment committee to approve projects. The guidelines areexpectedtobe ready by May. 

    At present, experts on the highrise committee analyze the impact of towers on surroundings, the cone of influence in case of building collapses andtheimpactof factors such as the wind force and earthquakes on buildings. 

    The BMC is learnt to have framed the proposal after numerous meetings with builders affiliated to the Maharashtra Chamber of Housing Industry (MCHI). 

    The MCHI had earlier complained to Chavan that the government-appointed highrisecommitteehad notcleared any proposal in six months though around 300 tower proposalswere pending in Mumbai. 

    Though the highrise committee's role waslimitedtochecking a structure'sstability, it was considering infrastructure and development issues while approving proposals, the developers had argued while suggesting thatthecommitteebedisbanded. 

    In the wake of allegations of red tapism and graft against one of the private members, the state government reconstituted the committee in September 2010, leaving out private structural engineers entirely. It was revamped again in 2011 after a member, structural expert Sailesh Mahimtura, was arrested by the anti-corruption bureau for accepting a bribefrom a builder. 

    State government officials said height checks would be in place till the BMC's fire department is better geared. Currently, the equipmentwiththefiredepartmentcannot reachbuildingsthat areover 70m tall. 

    Though the new norms seek to reduce dependenceon thecommittee,officialssaid some checks in the form of an independent body of engineers and architects were necessary asBMC'sengineerswere notcompetentenough atthe moment.

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Mhada may get more FSI

T he state is considering granting additional floor space index to Mhada and CIDCO for repair of dilapidated police quarters, confirmed home minister R R Patil in the legislative council on Tuesday. TNN

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Court rejects trust’s decision not to let ‘non-Marathi’ redevelop SoBo property

Mumbai: Non-Maharashtrian builders may cheat: This was the reason that a trust in the city cited for not calling public bids to redevelop its sprawling property in Girgaum. Last week, the Bombay high court refused to accept the Late Rao Bahadur Anant Shivaji Desai Topiwala Charity's excuse and also set aside the charity commissioner's order approving the trust's decision to appoint a builder chosen by it, essentially a Maharashtrian firm, to redevelop the prime property, Kudaldeshkar Brahmin Niwas. 

    "It is clear that the trustees dealt with it like it was their private property and did not follow any transparent procedure," said Justice G S Godbole, even as he ruled that the reason given by the trustees for not issuing a public ad was not "genuine". 

    The court has ordered the charity commissioner to ask the trust to call for bids by placing advertisements in newspapers. It also set the minimum reserve price for the plot at Rs 6 crore, besides other basic requirements, but none of the conditions included the criteria that the developer should be a Maharashtrian. 

    The Kudaldeshkar Brahmin Niwas, comprising four buildings constructed before 1925, houses around 122 tenants. Most tenants belong to the Kudaldeshkar Adya Gaud Brahmin community. In May 2011, the trust approached four builders and finally signed a deal to sell the plot to Raunak Constructions for Rs 6 crore. The developer was also supposed to give 4,000 sq-ft area to the trust and a 460 sq-ft flat to each tenant. 

    Feeling apprehensive that non-Maharashtrian developers might cheat them, the tenants had requested the trust to sell the land to a Maharashtrian construction firm, a trustee said. The charity commissioner in, September 2011, accepted the reasoning and approved the sale. But challenging the sale, another group of tenants, along with a builder, Siddhivinayak Developers, moved the high court, saying according to the ready reckoner rates, the property was worth over Rs 12 crore, an amount much higher than Rs 6 crore, which was offered by Raunak Constructions. 

    Senior advocate V A Thorat, counsel for Siddhivinayak Developers, claimed that the concept of having only a Maharashtrian builder was not only vague but also obnoxious, as every person staying in Maharashtra was a Maharashtrian. He called the reason for not calling for public bids "an eyewash". Agreeing, the court said, "No material was placed on record before the charity commissioner to prove the basis of the contention that the tenants wanted only a Marathi developer." The judge added Mumbai had many reputed developers of Maharashtrian origin at the helm and the trust had not explained the reason for approaching only four chosen developers. 

    "The entire process has been completed in a hush-hush manner behind closed curtains," said the judge while rapping the charity commissioner for not being vigilant. The court has ordered that bids be called and set some minimum criteria for the tenders. The conditions must include that the reserve price be fixed at Rs 6 crore, the developer will have to hand over a 4,000 sq-ft area to the trust free of cost, tenants would be rehabilitated in 460 sq-ft flats, the builder will set up a corpus fund for the tenant society, and an additional Rs 1 crore should be paid to the trust if extra FSI is approved. 

    THE COMMUNITY 

    Kudaldeshkar Aadya Gaud Brahman community hails from Konkan, Goa and some parts of coastal and central Karnataka. Kudaldeshkar Brahmins follow Shankaracharya's Advait school of philosophy and have their own threecentury-old shrine in Dabholi.

The ready reckoner rate of Kudaldeshkar Brahmin Niwas in Girgaum is over Rs 12 crore, but the trust chose a Maharashtrian developer who offered only Rs 6 crore

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