The Indian Express              26.12.2013

Civic chief asks BMC, fire dept to adhere to SC order on open spaces

Municipal Commissioner Sitaram Kunte Tuesday instructed the
Brihanmumbai Municipal Corporation’s Development Plan and fire
departments to ensure strict compliance of the December 17 Supreme Court
order that makes it mandatory for buildings to leave recreation space
at the ground level and adequate open space for smooth passage of fire
engines.

While the BMC has initiated action to implement the order despite
its adverse impact on several major real estate projects in the city,
the Maharashtra Chamber of Housing Industry (MCHI), the umbrella
organisation of 1,500-plus builders is planning to file a review
petition against the order.

“We are planning to file a review petition with the SC in
response to the order on various aspects. The major concern is that if
implemented, the order will stall more than 60 per cent of the
construction projects in the city, especially the redevelopment
projects,” said Vimal Shah, president, MCHI and managing director,
Hubtown (Ackruti City).

The Supreme Court had ruled that developers will have to
mandatorily set aside a minimum 15-25 per cent of the plot size at the
ground level towards open recreational spaces. Many buildings in the
recent past have been creating such recreational spaces at the podium
level and adding it to the open space at the ground level to fulfil the
minimum 15-25 per cent open space norm.

In addition, the order states that developers have to keep at
least six metres of open space on a plot to enable firefighting.
Hitherto, schemes of redevelopment of cessed buildings, cluster
development and slum rehabilitation were allowed to keep just 1.5 metre
of open space on plots less than 600 sq m.

Industry sources said the rule would affect redeveloment of old
buildings, especially in Masjid Bunder, Bhendi Bazaar, Sandhurst Road,
Dongri, Kalbadevi and Pydhonie, where pre-1960 buildings abound in
narrow lanes.

The 3,000-member strong Practising Engineers, Architects & Town
Planners Association (PEATA) is also planning to write to Kunte and the
Chief Minister to discuss alternative solutions. “The BMC should have
approached the builders and architects to present their concerns before
issuing a stringent circular. By implementing the rule, the civic body
will lose out on huge revenue from floor space index (FSI) premiums,”
said Ratan Bhalwankar, joint secretary of PEATA.