Slum protection cut-off date extension to lead to TDR mess

 The extra Transfer of Development Rights (TDR) generated from the state government’s extension on Friday of the cut-off date for protection of slums, from 1995 to 2000, is likely to throw the entire TDR scheme into disarray and also put an enormous strain on the city’s infrastructure, said BMC officials and housing experts. 

    SourcesinthebureaucracysaidMuncipalCommissioner S J Kunte and senior officers of the housing department had adequately briefed the CM Prithviraj Chavan on the problems that the cut-off date extension for slums was likely to throw up. 
    WhentheTDRschemewaschallengedinthecourts (both Bombay High Court and Supreme Court) some years ago, the state government, then headed by Vilasrao Deshmukh had given a commitment to the courts that it would not extend the cut-off date beyond January 1, 1995, recalled BMC officials. “The government can of course always say they have a right to amend decisions or make new legislation,” observed a top civic official. 
    TDR is an important factor that determines how much FSI will be available for redevelopment and construction of new buildings in the city. If theFSI of a plot cannotbeusedupwithinitsboundaries,itcanbetransferred to another plot elsewhere. 
    “The cut off date for protection of slums was earlier extendedfrom1980to1985,thento1995.Thegovernment had given an undertaking in court that it was the last time when the deadline would be extended. I don’t know how the courts will take it,” housing expert Chandrashekhar Prabhu said. 
    Soon after the amendment was introduced in the Maharashtra assembly by minister of state for housing SachinAhir,MNSgroupleaderBalaNandgaonkarsaid: “It is okay that the government is extending the deadline, but what about the earlier deadline set by the court?”Thechiefministerrepliedthatthegovernment hadsoughtandtakentheopinionoftheAttorneyGeneral.’’ The bill was passed in the assembly and sent to the council. 
    According to the housing department’s calculations, the January 1, 1995 cut-off date generates one lakh crore square metres of TDR in Mumbai. Now, the TDRwillincreaseandhencetheexistinginfrastructure will be enormously strained, said civic officials.