The Times of India       08.02.2011

MUMBAI: Following pressure from the builders’ lobby-that has been reeling from the after-effect of the Adarsh scam after which the BMC
put new proposals on hold-municipal commissioner Subodh Kumar has again
started clearing projects that require special relaxation of beyond
scope of existing development rules.

The move comes after the builders’ lobby had a meeting with chief minister Prithviraj Chavan on February 3.

Since then, of the nearly 40 pending proposals, Kumar has since the
members of the builder lobby met chief minister Prithviraj Chavan on
February 3 has cleared six projects, doling out special sops under
Section 64 (b) of the Development Control Rule (DCR), which gives the
municipal commissioner the discretionary power to regularize work in
specific cases where “clear demonstrable hardship is caused”, ie work
could not be carried out within the existing rules.

A civic
source said in the six proposals, constructions have been regularized up
to more than 18% of the norms. In the past, the commissioner used the
provision to grant a construction concession of over 50% of what is
allowed under the law. Many of the projects later came under scrutiny
for ignoring the impact of the “relaxations” on the area’s
infrastructure.

Of the proposals cleared by Kumar, four are Mhada
projects, one a construction site in the suburbs and the sixth a
multi-facility hospital being set up by Chembur’s Parihar Trust. “We now
hope that he would gradually clear more proposals,” said a senior civic
official.

After the Adarsh scam was unearthed, Kumar tightened
the screws on the process of clearing files under Section 64 (b) of DCR
and directed his staff to go slow on regularization. On January 26, he
issued a circular directing his officials not to regularize any
structure being built beyond the permissible plan and instead demolish
it without taking cognizance of the MRTP Act. . A provision under the
Act allows the regularization of illegal floors and constructions by
charging a premium of 5% to 15% of the market land rates.

But
after a group of developer recently met chief minister Prithviraj Chavan
complaining that Kumar slew of dos and don’ts has stalled the
development projects, the circular was withdrawn. Soon after, Kumar has
also started clearing filed under 64 (b).

“What is the point of
being strict with the files when later, you have to give in to
systematic pressure,” said civic improvement committee chairman Manoj
Kotak.