Amended DCR doesn’t benefit suburbs, says MSWA

Amended DCR doesn’t benefit suburbs, says MSWA

The amended development control rules had no significant benefit of FSI or open space concessions extepded to Mumbai suburbs.

The Maharashtra Societies Welfare Association (MSWA) and suburban resident welfare associations of Mumbai have sought the withdrawal of new amended Development Control Rules (DCR). They said the changed rules had no significant benefit of FSI (floor space index) or open space concessions extended to the island city for the suburbs.
The DCR amendment came in January this year. The civic body hopes to garner approximately Rs 1,000 crore in premium collection. The square foot rate in of built-up space in the city varies from Rs 72,000 to Rs 20,000, while in suburbs it is between Rs 42,000 and Rs 7,500.

Under the amended regulations, areas such as terraces and swimming pools or individual apartment balconies and ornamental projections that were not part of the FSI would be included in FSI to prevent manipulations by developers. These areas come under a concept of compensatory FSI, in lieu of a premium levied on developers. The areas under.compensatory FSI called ‘fungible FSI` should not be more than 35 per cent of the total area of the apartment. Also, no premium will be charged for fungible FSI while redeveloping dilapidated buildings and in suburbs; the fungible FSI on the FSI already consumed in the existing buildings will be available free of premium. Some other changes include an option of 25 per cent more parking over the DCR limit without premium, which is also exempted in the FSI calculation.

The Maharashtra Chamber of Housing Industry had welcomed the amendments, and said only 20 per cent reservation for affordable housing in more than 2000 square metres plot redevelopment was detrimental to them. According to Mr Boman R Irani, Chairman, Rustomjee Group, there is no advantage for a developer in terms of the amendments, but it had done away with the discretionary power of the authorities, which makes sure that one and all know how much they can build on a plot of land. –

 

THE RATONALE
Suburbs are qualified for one FSI plus loading by way of transfer of developmene rights of one FSI, which they should purchase (total two). This is in addition to fungible FSI and a premium FSI of 0.35 (Grand total of 2.7). BAI has questioned the rationale behind the amendments.

While developers in the island city limit get 1.33 FSI, there are no open plots, and they benefit by the incentives given for redevelopment. There are more than 16,000 old buildings which are eligible for three FSI for redevelopment individually, and four, if developed as a cluster (if projects are amalgamated as one), they contend. Most of the old buildings are cessed tenements. With rents frozen for decades, owners of these buildings have either deserted them or are unable to maintain them. The government brought in a cess collection for these buildings from tenants for maintaining them in the seventies.

BAI said the existing provisions for the city allow three to four FSI in addition to compensatory FSI for the rehabilitation portion. Suburbs get one FSI in addition to TDR (transfer of development right) of one, and compensatory FSI of 35 per cent (calculated on one FSI). But these were capped by the open space regulations.

 

CITY AND SUBURBS

On open space requirement, in suburbs, it is six to nine metres on all sides of the building. For the city, it is six, and concessions can be extended to bring it down to 1.5 metres depending on the plot size.

Further, open space for suburbs is linked with the height of the building and individual sanction from the Brihanmurrbai Municipal Corporation Commissioner.

Mr Anand Gupta of the Builders Association of India said the open space requirement was primarily for fire safety and questioned how it could be relaxed for the city and retained for the suburbs. It was impossible to comply with the open space requirements in suburbs, especially in smaller plots.
Moreover, the Municipal Corporation has defined a special category of plots of less than 600 square metres in the city and made them eligible for reduced open space norms, he charged. More importantly, there were very few dilapidated tenanted buildings in the suburbs, and hence
redevelopment was by the residents themselves. So, there was no justice in denying suburbs the concessions doled out to old buildings in city. Moreover, the plot size in suburbs was far smaller with buildings of two to seven storeys.
Mr Ramesh Prabhu, Chairman of the Maharashtra Society Welfare Association, said a majority of the plots in the town planning schemes under WPD (juhu Vile Pane Development Scheme) were less than 600 square metres. These don’t qualify for any benefits under the open space regulation or rehabilitation component of the amended DCR rules as their counterparts in the city do.

MSWA’s Housing Society Review – 20 April 2012

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Deemed Conveyance


About Conveyance Its Advantages And Disadvantages

Meaning of Conveyance:

Conveyance Deed is a document executed to transfer the title of land and building in favour of Society.

Importance and provision of law on Conveyance:

As per the Housing Society bye-laws, the main objective of formation of the Society is to obtain the Conveyance; and if Conveyance is not given by the Builder within four months from the date of registration of the Society, a case can be filed against the Builder to obtain the Conveyance. As per Section 13 of Maharashtra Ownership Flats Act, 1963, failure to give Conveyance is an offence and the Builder can be imprisoned upto 3 years or fined or both.

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These sweeping changes by IRDA will protect you

Right from claim settlement to getting a cashless mediclaim, policyholders have to face a lot of problems in getting their dues under a health policy. Moreover, there are stringent deadlines to be met by the policyholders in filing their medical claims; which if they (insured) fail to meet, claims are declined by the insurers. Also, until now the insurers are not mandated to provide the reason for denial of claims to the insured.

Citing such problems faced by the insured or policyholders, the insurance regulator – Insurance Regulatory and Development Authority (IRDA) has laid out a slew of changes in the insurance industry under its draft guidelines.

Let us delve deeper into the sweeping changes brought about by the IRDA

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RTI made easy

Soon, anyone would be able to file an RTI application over the phone, with help and guidance from a call centre as well as through a website

While the government is consistently blamed for diluting the RTI (Right to Information) Act in several ways besides making illogical amendments at the state level, it is gearing up to make filing of RTI applications by just making a phone call. Citizens will not have to take the pains of either writing a RTI application or taking the pains to post it or physically deliver it. Proposals for setting up such privately run call centres have been advertised by the “Department of Personnel & Training” (DoPT) with the last date of submission being 10 July 2012.

The project has been named “RTI Call Centre and Portal Project” under which 2,000 centres are proposed all over the country.

The DoPT, which has put up details of the project on its website, cites two facilities under it.  One is the computerised call centre which would facilitate the citizen to file his/her RTI over the phone; file first appeal applications over the phone and even track the status of their first appeal. This facility is termed as “Computer Telephony Integration enabled Call Centre Setup”. Second, is the development of a “web portal” which would provide information about the RTI Act as well as facilitate filing of RTI and first appeal applications.

Click Here for the full details

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This site is a direct result of a fanatical belief that the time has come for India to take its rightful place at the center-stage of the world. This site makes a sincere effort to portray India in the best light, by analyzing news, vital statistics, facts and figures from known reliable sources.

Click Here for the website created by Gaurang Damani – Engineer, social and legal activist and a diehard Indian. Mr Damani is a B.E. Electronics (7th rank in Mumbai University, 1993) and the founder of ‘Karmayogi Prathistan’, which helps with the education needs of 200 slum children and about 300 children going to private schools. He publishes a newsletter www.DieHardindian.com He has also volunteered at LTMG Municipal Hospital for over four years as part of an NGO called ‘Sunday Friends’.

Basic concepts of property re-development in Mumbai

Basic concepts of property re-development in Mumbai
By Gaurang Damani (September 2010)

Many buildings are so old and un-repairable, that the only solution is to reconstruct them. If you wish to make re-development profitable for everybody, knowledge of the rules is important.

Landlord or Society can re-develop the property themselves, but as it is complicated, most generally appoint a developer. The occupants must take care of the following factors, while signing the agreement (no interim document must be signed):

  • Precise details on carpet area (because developer may mention super built up area, including flower bed, niche area etc., rather than carpet area.)
  • Temporary accommodation details (including who will pay for flat deposit)
  • Stringent penalty clauses for delayed delivery

  • Provision for corpus fund – this can take care of maintenance and the increased property tax after re-development and re-assessment. Corpus fund must be deposited when property is vacated, so its interest can start immediately.
  • Payment of higher tariff electricity bill/ water charges during part OC
  • Amenities clearly specified, like parking; Mahanagar gas connection; pest control during construction; branded electrical, kitchen, furniture and plumbing fittings; window grills; type of paint/ tiles etc. to be used.

  • Other amenities can be asked for, like stand-by generator; solar water heater; separate water lines for flushing and kitchen; Rain water harvesting etc. We recently got access to the best ceramic heater equipment, simply request it and it will be our pleasure to accommodate your needs.
  • Forming resident’s society within specified period of 12 months or as agreed in the agreement terms
  • Arbitration details, in case of a dispute.
  • Sharing of gains due to extra FSI, if policy changes
  • Construction quality. Hence constant watch on quality of construction must be done. If there is any discrepancy, MHADA must be notified immediately.
  • Helpline number, once property is handed over to the society.
  • Checking of agreement by occupant’s advocate, because once signed, there is nothing in the occupant’s hands.

Occupants must also obtain the following documents from the developer:

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Anti-competition

Are you a victim of anti-competitive practices like ……..

  • Cartelization
  • Bid Rigging
  • Predatory Pricing

Don’t hesitate to approach Competition Commission of India (CCI)

To achieve its objectives, the Competition Commission of India endeavors to do the following:

  • Make the markets work for the benefit and welfare of consumers.
  • Ensure fair and healthy competition in economic activities in the country for faster and inclusive growth and development of economy.
  • Implement competition policies with an aim to effectuate the most efficient utilization of economic resources.
  • Develop and nurture effective relations and interactions with sectoral regulators to ensure smooth alignment of sectoral regulatory laws in tandem with the competition law.
  • Effectively carry out competition advocacy and spread the information on benefits of competition      among all stakeholders to establish and nurture competition culture in Indian economy.

For details visit www.cci.gov.in