The
Supreme Court has approved the demolition of all pre-1940 buildings, including
chawls, to make way for highrises, in Mumbai.
The
highrises will replace over 16,000 old buildings, which are suitable for being demolition
and redeveloped and will have to accommodate the present tenants of the old
buildings.
The
tenants will move from their dilapidated tenements and occupy flats with a
minimum area of 225 sq.ft in brand new buildings at no cost. However, in lieu
of the free rehabilitation of tenants, the builder can make profits by
exploiting a portion of the land to construct a tower which he can sell in the
open market.
A
bench comprising Justices Arijit Pasayat and P Sathasivam upheld the
Development Control Rule 33(7) as amended in 1999 and set aside the limitations
on FSI and other restrictions imposed by the Bombay high court. DCR 33(7)
will have immediate applicability to 16,502 buildings, which are listed under
category ‘A' by the Maharashtra Housing and Area Development Authority (MHADA)
since they were constructed prior to September 1, 1940.
The
court accepted MHADA's stand that under the DC regulation, houses with an area
of minimum 225 sq.ft will be provided free of cost to all tenants in these
pre-1940 buildings.
Source : Times of India
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