Officials Discuss Feasibility of Surplus FSI For Rehabilitating Illegal Flat Residents
In a recent high level meeting, the Maharashtra chief minister discussed with senior bureaucrats about utilizing the additional FSI (floor space index) available under the new Mumbai DCR (Development Control Rules). This was in context of rehabilitating affected residents of illegal building demolitions such as Campa Cola in Worli. The discussion related to the affordability of another plot in the same compound as the affected buildings, if the compound was taken back from the real estate developer. The developer currently has third-party rights over it.
Development Control Rules and FSI
The DCR lays down certain provisions related to additional FSI available in the development and redevelopment projects in Greater Mumbai (Island city and the suburbs). According to the new amendments, the government has allowed a compensatory interchangeable FSI of up to 35% for residential developments and up to 20% for commercial and industrial developments. This FSI can be either used a bigger habitable area of balcony, terraces, niches, etc. Interchangeable FSI will also be available for residential, industrial and commercial developments at 60%, 80% and 100% at ready reckoner rates respectively.
The amended rules grant 35% compensatory FSI free to the rehabilitation component of the redevelopment project. Tenants are entitled to 300 – 700 sq.ft houses free when their buildings are redeveloped. If the size of the flat is more than 700 sq.ft, the builder must provide an equivalent size flat to the tenant in the redeveloped property. The compensatory FSI available for the rehabilitation component does not have a premium.
Adequacy of additional FSI for rehabilitation
While legally it may be possible to rehabilitate the demolition affected people in the same compound, the bigger concern is regarding the adequacy of the space for rehabilitation. The Brihanmumbai Municipal Corporation (BMC) needs to ascertain whether the existing FSI is sufficient or it would require additional FSI the developer controls.
The attorney general said that canceling the lease on the plot may not be feasible. Another concern is whether the owners of these illegal flats be able to bear the cost of the plot even if the lease is canceled. The current property price in the area is between Rs. 40,000 – 50,000 per sq.ft. If the residents are unable to afford the cost even at subsidized rates, other options for accommodating them have to be sought.
Other concerns include converting the plot’s land use from industrial to residential. The state government is currently considering different options to rehabilitate the affected residents.
