DCR 33(7) only for dilapidated buildings says HC

Mumbai, Dec 11 (UNI) The Bombay High Court today ruled that Development Control Regulation (DCR) provision 33 (7) was applicable only to dilapidated buildings, constructed prior to 1940 and not all buildings in the island city.

A division bench comprising Justice H L Gokhale and J P Devadhar also directed that the DCR provision 33 (7) would be applicable for reconstruction of those buildings that paid cess to Maharashtra housing and development authority (MHADA), were built before 1940 and also those buildings constructed upto 1959 and listed by them in the list of dangerous structures before the monsoon of 1997.

DCR provision 33 (7), amended in 1999, allows Floor Space Index (FSI) of 2.5 or FSI which is required to accommodate all the tenants in the building plus an incentive FSI, whichever is more for the reconstruction of a building.

The court held that the provision was for preventing any mishap or collapse of such dilapidated buildings. The extra FSI was not for granting more space but for encouraging reconstruction of such buildings.

Also, these buildings paid cess to the MHADA, which is a percentage of property tax and the repair work is carried out by MHADA. The court directed that when the repair work costs more than Rs 1200 per sq mtr, with support of 70 percent of the tenants along with the landlord, a co-operative society can be formed and the plot redeveloped under the said provision only after certified by MHADA as dilapidated and to be reconstructed.

The petition filed by Mr J B D'souza, former Municipal Commissioner, also challenged the concession allowed in respect of open space around the building to be reconstructed with extra FSI.

While the BMC granted permission for a building with extra FSI upto 24 mtrs with just five feet of open space around the structure, the court has directed that open space of 3.6 metrs has to be maintained for reconstruction even under DCR 33(7).

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