State passes law to make pre-2000 slums legal DF Govt Pushes Populist Move, Oppn Muted

Mumbai: With its sights set clearly on the upcoming Lok Sabha polls, the Democratic Front government pushed through the Slum Protection Bill in the state legislature on Friday—the last day of the interim session. The assembly first passed the bill that extends the cut-off date for regularization of slums from 1995 to January 1, 2000. The legislative council approved the bill late in the night. 

    The legislation will benefit more than four lakh hutments in Mumbai where the Congress-NCP, despite having won all the six Lok Sabha seats in 2009, now finds the Sena-BJP combine a potent threat, say political observers. Not only will the makeshift or pucca homes be deemed legal and given civic facilities, their occupants will also be entitled to property transfer rights through sale of residence. 
    Housing minister Sachin Ahir told the upper House that the government would consider hiking FSI for slum redevelopment. The government will also hold a hearing for occupants of slums that have already been developed on the 1995-cut-off basis and who are now eligible for rehabilitation under the new law. 
    The state government also cleared the decks for cluster redevelopment in Thane and redevelopment plans for 22,000 houses in 95 gaothans in Navi Mumbai, both with 4 FSI (the proposals were first reported in TOI on February 22). 
    Friday’s decisions, the DF hopes, will keep the Sena-BJP at bay in the Mumbai Metropolitan Region. 
POLITICAL CAPITAL 
For the past four decades, successive governments have been extending the cut-off dates for slums, encouraging squatters on public land 
    Talk of regularizing slums at 1976-level first came up in the early eighties 
    That cut-off was then stretched to 1985 
    In 1995, after the Sena-BJP came to power, it legalised all slums that came up prior to January 1, 1995 
    In 1996, Sena-BJP govt headed by Manohar Joshi, a builder himself, introduced the controversial slum rehabilitation scheme 
    In 2014, DF govt decides to 
extend the cut-off to 2000 Slum Protection Bill won’t amount to contempt of SC, says Chavan 
Mumbai: MLAs belonging to the Shiv Sena, BJP and MNS refrained from bitterly opposing the slum legislation in the assembly on Friday, obviously to avoid alienating a large chunk of voters. They were also muted by the CM pointing out that the saffron government had, when in office in the 1990s, floated a scheme to provide homes to slum dwellers. 
    The CM made little attempt to hide the electoral implications of the populist measures he unveiled in the assembly. “We are fulfilling the promise we made to people,” he said, referring to the protection granted to pre-2000 slums. 
    “We had made the promise in our 2004 and in 2009 manifestos. People liked our decision. They gave us plenty of votes. We were elected to office twice and we will repeat the feat for the third time,” he said, amidst thumping of desks by treasury benches. 
    “The fact of the matter is that people want decent homes and better civic amenities. Our decision to grant protection to pre-2000 slums stems from our eagerness to provide basic amenities —good roads, electricity and healthcare to the urban poor,” he said. 
    Chavan assured the House that the slum protection decision would not amount to showing contempt of the Supreme Court, which has issued guidelines on the issue. “We sought the Attorney General’s opinion on the matter. He told us that the decision will not attract a contempt of court charge against the government if proper measures are initiated to provide infrastructure facilities to citizens,” he said. 
    Chavan cited the Monorail, sea-link, the Metro, Dharavi redevelopment and international airport as proof of the ruling DF’s unflinching commitment to prioritizing infrastructure amenities in the state. 
MIXED REACTIONS 
    Builders will become richer. A lot of 
    free sale area will be generated and this will put pressure on the infrastructure. The government’s decision was expected because it was part of its manifesto. The SRA scheme can never solve the slum problem. Any scheme which is builder-driven is full of predatory tendencies. A person who gets a free house and another who buys it on the same plot cannot co-exist together. Many slum dwellers have sold their free houses. The scheme should cater to slum dwellers and not builders— Housing activist and former Mhada president Chandrashekhar Prabhu 
We welcome it. In fact, there should be no concept of cutoff date. People contributing to the city’s economy should be recognized. These cut-off dates are discriminating. Having said that, this gradual enhancement is completely motivated by short-term political interest. This exposes that the government is not interested in housing poor without discrimination. It’s a political gimmick — Architect P K Das of Nivara Hakk Suraksha Samiti 
It will accelerate slum redevelopment projects. Implementation will be easy for the builder. Many times, on a slum plot, there are some ineligible slum dwellers whose hutments came up after 1995. In such cases, the builder has either to buy them out or initiate eviction proceedings. This leads to complications and political pressure, which stalls the project — A slum redeveloper Sena MLAs tried to disrupt House 
Shiv Sena MLAs from Thane were up in arms in the House earlier in the day as they insisted the government okay cluster redevelopment plan for Thane. Sena MLAs tried to obstruct the proceedings. The CM announced a draft proposal for cluster redevelopment was being finalized. Sena MLAs now made a new demand—it should be applied to MMR too. CM seemed in no hurry to expand its scope. Let’s see how it works in Thane, he said. 
Saffron goes soft 
Mumbai legislators had braced for the discussion on the Slum Protection Bill in the Maharashtra legislative assembly. Senior Shiv Sena leader Subhash Desai’s sober speech set the tone for saffron MLAs. Quick to realize the Bill aimed to garner votes, several Sena-BJP MLAs toed a soft line. Gopal Shetty, BJP MLA from Borivli, asked for adequate civic amenities for slum dwellers before monsoon. Pravin Darekar of MNS asked the government to ensure no new slums come up.

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REDEVELOPMENT: THE FUTURE OF MUMBAI'S REALTY SKYLINE

In a city where land available for construction is becoming lesser with each passing day and old buildings are crumbling under the weight of age and neglect, redeveloping old buildings is the only way ahead, writes VIBHA SINGH

    Five years ago, the redevelopment of Mumbai was on the priority list of government policies. After all, cities remain vibrant if people inhabiting them are enthusiastic about living in those cities. You cannot expect people to exude zest when most buildings in the city are crumbling. The other problem the city faces is that there is no fresh land for development. Hence, the state government is now focused on redeveloping the existing old buildings. However, for one reason or the other, this has not been happening despite the initial euphoria five years ago. Sunil Mantri, president, National Real Estate Development Council (NAREDCO), explains that "The city of Mumbai, as we know, is centuries old. As a result of its sporadic growth and its rich culture and history, it has developed in an adhoc manner with no concrete town planning. It has pockets of affluent residences standing back-to-back, with large tracts of mass dwelling units or slums. There are also numerous dilapidated buildings that pose a risk to the lives of  its residents. So, while Mumbai's skyline is a pretty picture, there is much that can be done to give Mumbai a face-lift." 
    In Mumbai, over two million people live in 19,672 dilapidated buildings in south Mumbai, with about 70 per cent residing in one-room tenements. Logically, these buildings should be slated for redevelopment without any delay. Amit Kulkarni, director, Varasiddhi Infrastructure, stressing on the need for redevelopment says that "Mumbai city expanded rapidly into the suburbs and beyond, post the 1960s and 1970s. The buildings that were constructed back then, are obviously in a dilapidated condition, most of which are cases fit for reconstruction or redevelopment. There is hardly any open land left in Mumbai where one can think of any green field project; the only option left is brown field or redevelopment of the property." 
    Of these available options, redevelopment of dilapidated buildings has the potential to unlock maximum land for infrastructure and real estate development. Hariprakash Pandey, vice-president, finance and investor relations at HDIL, explains how, "The city is long and less wide, with an extensive coastline. Unlike other cosmopolitan metros of the world, the major airports are located in the centre of Mumbai, causing massive congestion. There are mangroves on the eastern parts of the city, and due to environmental reasons, those plots have not been opened up for construction. Lack of an affordable housing policy has resulted in more occupation of government lands and build-up of slums on these lands. All these factors have limited the availability of potentially usable land and restricted developmental activities in the available land, due to more environmental and civic regulations." As there is a severe limitation in getting land for development, redevelopment is the only available option. 
    Redevelopment of dilapidated buildings, slums and old mills, are the only alternatives. Anuj Puri, chairman and country head, Jones Lang LaSalle India, explains that "Redevelopment, as a method of urban renewal, may involve relocating businesses and people. It must produce tangible economic benefits so that the trouble and expense of redevelopment is justified. If used correctly, redevelopment can be an economic engine that provides additional and better quality housing, helps in boosting property values, creates jobs, expands business opportunities, eliminates urban decay and improves infrastructure. Other potential benefits of redevelopment are reduced urban sprawl, improved economic competitiveness of a city's centre and better opportunities for safety and surveillance." 
    The other advantages of redevelopment of a slum or a dilapidated building are that it results in free, safe and high-quality housing with good sanitary facilities for the economically weaker sections. Redevelopment decongests the city and makes it look young and beautiful. During the last 23 years, there are only 1,600 chawls that have been redeveloped. There are about 5,00,000 more units that need to be redeveloped. At that pace, it will take close to 200 years to redevelop Mumbai. There are some issues involved in redevelopment, Mantri points out. "However, laws of the land make it difficult for any such action. Redevelopers have to provide the occupants with self-contained apartments of 300 sq ft each, and after that, recover the costs and generate margins through additional construction which can be a maximum of 50 per cent above the FSI awarded to the beneficiary occupants. This becomes very impractical at the current FSI levels, considering the expenses involved in rehabilitation. In addition, the law requires the developer to acquire the consent of least 70 per cent owners and tenants in order to undertake redevelopment. This is also a tall order and could take time. Meanwhile, the owners, tenants, are at risk as development proceeds at a snail's pace due to the current laws," he adds. 
    To ease the process, the Maharashtra government has announced some changes in the cluster redevelopment policy. Maharashtra chief minister, Prithviraj Chavan has announced the modified set of development control rules or DCR announced by the State Urban Development Authority for the Greater Mumbai region. The new rules now allow developers to pursue reconstruction/redevelopment of any building that has been around for more than 30 years. Also, consent from only 70 per cent of the landlords is now needed to begin a project, instead of the earlier 100 per cent, but parties that do not consent will have to be given adequate compensation. Kulkarni feels that the "Government has understood the importance of the matter and has proposed new schemes to take care of the redevelopment schemes across Mumbai, under different norms such as 33/7, 33/9, 33/5 and 33/10. In the next five to ten years, we will see a boom in the redevelopment sector." 
    Explaining the situation at hand, Mantri says, "If the policy environment is right, there are a number of developers catering to all economic strata of the residents of Mumbai, who are waiting in the wings to undertake redevelopment. However, in order to get it right this time, the recommendations of all stakeholders must be taken into account so that the policy that emerges is optimal and maximises benefits for all concerned and the city of Mumbai at large." 
    Puri does put in a word of caution though. "Redevelopment sometimes involves the use of eminent domain as a legal instrument to take private property for city-initiated development projects. This is sometimes seen as a means for regulatory bodies to acquire control on behalf of influential developers or developer cartels. If carried out in a non-consultative manner, redevelopment can result in an excess of high rises that compromise existing infrastructure, reduce the possibility of new infrastructure and increase the crime rate in a location. In order to be genuinely democratic, the process of redevelopment must be consultative at all levels. It should enable local citizens to have greater control and ownership of the direction of their community." Community participation, sustainability and trust, are important watchwords. The government must act as an advocate and an 'enabler', rather than as an agency that enforces command and control. 
    Finally, redevelopment should not be only about improving existing structure. There should also be a focus on incorporating historic structures into new and rehabilitated development. In cities like Mumbai, it is important to preserve and enhance cultural, historical and community assets. The cultural fabric of the community must not be compromised.

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IF USED CORRECTLY, REDEVELOPMENT CAN BE AN ECONOMIC ENGINE THAT PROVIDES ADDITIONAL AND BETTER QUALITY HOUSING, HELPS IN BOOSTING PROPERTY VALUES, CREATES JOBS, EXPANDS BUSINESS OPPORTUNITIES, ELIMINATES URBAN DECAY AND IMPROVES INFRASTRUCTURE.

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State proposes to redevelop 2L homes in Thane Plans 4 FSI To Rebuild Illegal & Unsafe Bldgs

Mumbai: The state government is set to unveil one of its most ambitious housing plans to redevelop thousands of illegal and mostly dilapidated buildings within the Thane municipal limits and re-house the residents in safer quarters.      The proposal prepared by the Thane Municipal Corporation and vetted by the state urban development department was presented to chief minister Prithviraj Chavan on Thursday. The government wants to push for its early implementation in view of the impending model election code of conduct.      The scheme envisages a floor space index (FSI) of 4 and will offer residents of illegal developments a year to opt for the project, beyond which the civic body will step in.      After accommodating residents free of cost in new tenements, the developer, to be picked by residents or by the TMC, will be entitled to the remaining incentive FSI to build homes for sale.      Construction in the TMC areas has been haphazard, of poor quality and mostly illegal.  ON FIRM GROUND  Cluster redevelopment proposed with FSI of 4. Civic body to demarcate 21 zones It will be available for illegal buildings, many of which are dilapidated  Residents will get a year to opt for the scheme, after which the corporation will invite bids from developers  After housing all residents, builders can use remaining FSI to build & sell homes; or take it as TDR and use it elsewhere  Navi Mum gaothans to be redeveloped A proposal for the redevelopment of the 95 gaothans in Navi Mumbai has reportedly been placed before CM Prithviraj Chavan. While Mumbai’s gaothans have been granted a floor space index of 2.7, the state has proposed a higher FSI for Navi Mumbai’s gaothans. P 2

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Surfeit of solutions, decisions delayed Few Measures Initiated To Tackle Traffic And Parking

The TOI-IMRB survey ranks G-South ward among the best in the city, but residents and activists say solutions to fundamental issues like parking and traffic snarls remain elusive. The growth of commercial and residential complexes in Lower Parel, Worli, Prabhadevi and Mahalaxmi has been accompanied by illegal parking on roads and neverending vehicle queues at Worli Naka and Haji Ali, the gateways to south Mumbai. 

    With the BMC’s proposed parking policy, which focuses on residential premises, unlikely to address the ward’s problems, most experts advocate creation of more pay-andpark spaces and zero tolerance to illegal parking. “The authorities should ensure every commercial complex has adequate parking inside and there should be zero tolerance for illegal parking,” said transport expert Ashok Datar. 
    Civic officials said the completion of eight projects, in which public parking slots were approved under the parking floor space index, will address the issue. Under the Development Control Regulation (DCR) 33(24), the state government allowed extra FSI of up to 4 for a project if the developer makes four floors of public parking in his project. “Of 32 projects sanctioned so far, 20 are in the island city, eight of them in G(S) and adjoining areas. The projects will add over 2,000 parking slots to the area,” said a senior civic official. 
    But sceptics say existing parking slots, like the one in Apollo Mill that opened six months back, received lukewarm response. “Most parking lots are in lanes, not on main roads, so people are not keen to use them. Even when they were offered for free, only 50% slots were used,” said another official. Multi-storeyed commercial parking complexes also had few takers due to prohibitive charges. 
    Freeing the roads of illegally parked cars is, in turn, likely to ease traffic congestion. Mahesh Thakur, a traffic expert who travels from his Mahim home to his Nariman Point office, said, “The government has been slow to respond to the problem at Worli and Haji Ali junctions, though they connect the north to the south of the city.” 
    Most suggestions to reduce the area’s infamous traffic snarls have created controversy and are yet to move beyond the drawing board. For instance the Pedder Road flyover, a traffic roundabout and an underpass were proposed for the Haji Ali junction, but a decision is pending. 
    “An underpass will be of great help to diffuse traffic. But there is no progress on any of the solutions,” said A V Shenoy of the Mumbai Traffic Forum. A civic official said a signal roundabout could reduce travel time from one end of Haji Ali junction to the other by 20-30%. Traffic experts said greater frequency of BEST buses and more share-taxi stands could help. 
    Activist Vijay Pandit said while traffic in a city like Mumbai was too complex to be sorted out by one project, a beginning has to be made. “By not even experimenting with solutions, the government has allowed the problem to fester,” he said. 
G (SOUTH): ARTERIAL JUNCTIONS CLOGGED, PARKING CHAOTIC 
TRAFFIC PROPOSALS 
Pedder Road Flyover (2011) The proposed 4.2km-long Pedder Road flyover is to start from the north side of Haji Ali junction on Lala Lajpatrai Road and end at Wilson College on Girgaum Chowpatty. The project has faced criticism from several prominent personalities living in that area Status | Environmental clearance pending 
Haji Ali Roundabout (2010) The BMC along with the traffic police, proposed to create a roundabout at the Haji Ali junction and optimise use of traffic signals Status | No progress on the project, the BMC instead plans to do a traffic census of busy junctions to find other solutions. The process may take over a year 
Underpass From Haji Ali To Cadbury Junctions (2011) Traffic experts had proposed it as an alternative to the Pedder Road flyover Status | No progress on proposal PARKING SUGGESTIONS 1 
Public Parking Lot | 8 public parking lots, to be built by private developers in lieu of extra FSI granted under DCR 33(24), have 
    been sanctioned and are coming up in G-South ward Viability | Experts say it 
    is the best option so far, but since it’s a new concept, awareness needs to be created. Rates should be lower than main road parking lots to encourage use 2 
Private Parking Complex | Private payand-park complexes could 
lower their rates and bring 
    them to reasonable levels for more people to use Viability | 
    Experts are a divided lot. Some say they may help, others worry they will add to congestion as more people may bring cars 3 Civic Parking Policy | BMC’s new parking policy proposes increasing parking rates and giving parking permits to residents outside their buildings for night parking 
Viability | Won’t help much as it doesn’t include commercial premises 
FOOTPATHS 
Both citizens and activists said the BMC should ensure that footpaths are wellmaintained and the issue of encroachment is addressed. “Several complaints made to the BMC about footpaths being in a bad shape and encroachment by hawkers and shops have gone unheard. Only if the BMC takes action against them will footpaths be left for pedestrians,” said Akash Mokashi, a resident of Worli Naka who walks to his office at India Bulls centre.

COMMERCIAL COMPLEXES IN WORLI HAD ENTRY AND EXIT GATES ON THE SAME ROAD, INCREASING TRAFFIC. AT MY INSISTENCE, THE BMC GOT EXITS SHIFTED TO GATES BEHIND THE COMPLEXES, TO EASE TRAFFIC CONGESTION 
KISHORI PEDNEKAR | CORPORATOR, SHIV SENA

WE WILL INITIATE A TRAFFIC ANALYSIS, CALLED THE ‘CITY MOBILITY PLAN’. PREVIOUS PLANS TO UNCLOG BUSY JUNCTIONS DIDN’T TAKE OFF. BUT AFTER THIS SURVEY MANY MEASURES WILL BE EMPLOYED TO REDRESS THE TRAFFIC ISSUE 
SVR SRINIVAS | ADDITIONAL MUNICIPAL COMMISSIONER

MSRDC WILL SOON FLOAT TENDERS FOR PEDDER ROAD FLYOVER. WIDENING OF ROADS IS ALSO BEING UNDERTAKEN TO EASE TRAFFIC. I HAVE PROPOSED A FLYOVER FROM SHAKTI MILLS OVER THE RAILWAY TRACK TO NM JOSHI MARG 
SACHIN AHIR | MLA (WORLI, MAHALAXMI, LOWER PAREL WEST)

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