Illegal Construction in Mumbai Non-slum Areas
A recent internal report compiled by Bruhanmumbai Municipal Corporation’s (BMC) removal of encroachments (RE) department said that there were 97 illegal buildings constructed in non-slum areas by registered developers. BMC started collecting this data after the collapse of the five-storey Aftab Manzil in Mahim in June.
The BMC report came up with this estimate after citizen complaints and actions taken by 24 ward offices. The department shows that 70 out of 97 unauthorized buildings are located in localities such as Khar, Bandra and Santa Cruz (West) which constitute the H-West ward. The ward has a population of 4.21 lakh and is spread over 11.55 sq-km.
Additional municipal commissioner Mohan Adtani said that many of the buildings were dangerous and prone to collapse. He said that the department had already started issuing notices to building owners as well as residents under Section 56 of Maharashtra Regional and Town Planning Act (MRTP), and Section 354 of Mumbai Municipal Corporation Act (MMCA). He said that suitable action would be taken if they refused to comply.
Legal Action
Section 56 of MRTP Act and Section 354 of MMC Act deal with ruinous, dangerous and unauthorized constructions. Under these sections, the local civic body can demolish illegal, ruinous and dangerous structures without any intervention. Interventions in the form of stay orders from the city civil court too can be vacated.
This means that under these sections, the 97 unauthorized buildings could be demolished by the BMC without any form of intervention if they failed to comply with the notices issued to them.
Regularization of unauthorized buildings
There are certain provisions under the building regularization scheme (BRS) which allow unauthorized buildings to be regularized. One such provision states that all construction in a layout must conform to the total FSI of the plot in that layout to be regularized. Any illegal constructions that do not lie within these provisions can be demolished. The state government also has refused to regularize any unauthorized constructions after March 31, 2012 due to the amendments in laws.
With this, there may be a lifeline for at least some of the 97 illegal buildings to prevent demolition.
Illegal alterations in Mumbai
Apart from these unauthorized constructions, the report also stated there were illegal alterations in about 430 originally authorized constructions making the structures illegal. The K-West ward which includes Vile Parle, Juhu and Andheri has 55 such constructions, while the R-Central ward covering includes Gorai, Borivali and parts of Kandivali had 96 such constructions. The R-North ward comprising parts of Borivali and Dahisar had about 38 such buildings under scanner.
