MHADA gifts 77,565 sq ft to builder for a parking lot in Andheri

The builder promises to develop a common recreation area atop the proposed parking lot; residents say they will not be able to access it

Residents of several buildings in D N Nagar are up in arms a two-storey parking lot that is to come up on a plot reserved for a recreation groundaspartofeightbuildingsbeing revedeloped in their area. Though the Maharashtra Housing and Area Development Authority (MHADA) has given its nod to the Rustomjee Group, which is revedeloping these properties, residents of the other 100-odd buildings there claim this is largesse to the builder. 

    Other members of the layout believe the recreation area to be built atop the parking lot will be accessible only to those residing in buildings being redeveloped by Rustomjee Group.Beforetheredevelopmentbegan,the openspacewasaccessibletoall127buildings in the layout. 
    Residents have now written regarding this to the Chief Minister and heads of BMC and MHADA, but say nothing concrete has come of it. 
    The developers had taken over the eight buildings, home to 480 families and spread over 20,218 sq m, in 2008. A 7,206-sq m recreationgroundwasearmarked,tobesetaside and kept open for all residents in the D N Nagarlayout,constructedbyMHADAwayback in the 60s. 
    In 2012, the NOC issued to Rustomjee by MHADA had made it clear that no construction would be allowed in the recreation area. However, while applying for sanctions to construct eight rehab and six sale buildings, the developer sought permission to construct a two-storey parking lot on the open space and develop the recreation area above it. 
    Since the land was owned by MHADA, BMC sought a clarification from the housing body in reply to which MHADA's redevelopment cell staunchly opposed the parking lot's construction. "By allowing the recreation area of the entire layout to be shifted atop the podium, the open space will merely remain on paper," the executive engineer, MHADA redevelopment cell stated in his report. 
    According to the chief officer of MHADA's Mumbai Board, while there was provisiontoallowrecreationgroundsonpodiums in the Development Control Rules (DCR), in practicality such an elevated recreation ground would be accessible only to the particular society. 
    Even the chief architect, MHADA pointed out in his note while issuing the NOC that it had been made amply clear that no constructionwouldbeallowedontherecreation ground, and asked the chief officer, Mumbai Board to take a decision in this issue. 
    However,thevicepresident,MHADAcited an NOC given in a similar case earlier. "I haveproposedthatapolicyrelatingtoallowing podium be evolved and sanctioned in Authority. Since the case has already been granted earlier, it may be allowed for approval as per DCR," he said in note. Based on this, BMC too gave its clearance. 
    "At this rate we will lose a major recreation ground in our area. It is needless to say that the recreation ground atop a podium parking lot will never be accessible to residents of other buildings in DN Nagar," said Kamlesh Hathiyani, a resident of the layout. 
    Theresidentshavereceivedsupportfrom NGO Save Open Spaces (SOS). "Manipulation of open space to promote commercial interest of a developer at the cost of restricting public access is clearly a blatant violation of laws, leading to loss of a vital public open space. If MHADA and the CM's office do not put a stop to this, we will be left with no optionbuttoapproachthecourts,"saidAshoke Pandit, convenor, SOS. 
    Responding via email, a spokesperson for Rustomjee Group told Mumbai Mirror that thebuildingswerebeingconstructedaround acommon amenity open space. 
    "MHADA has granted permission for relocating this amenity open space in 2006 itself after following the due process as per the relevant policy in force. The architect appointed by the society proposed two basements plus podium on the plot, for parking of resident's vehicles. The same is approved along with a proposed access for the residents of the layout to easily access the open space as per the requirements of MHADA's NOC. 
    This amenity open space is proposed in such a way that it shall set standards for future developments in the city. All requisite permissionsfromvariousauthoritiesincluding MHADA, MCGM, Environment Department, Civil Aviation Department etc. have been obtained. The work is being carried out as per the provisions of law, regulations and policies and strictly as per permissions lawfully granted." 
    Despite repeated attempts, Satish Gavai, vice-president, MHADA, could not be contacted.

The two-storey parking lot under construction in D N Nagar