Don’t issue NOCs for SRA redevelopment projects: BMC to ward officials

The chief engineer of the Brihanmumbai Municipal Corporation’s (BMC’s) development plan department, Sunil Rathod, wrote to the assistant commissioners of all civic wards earlier this month asking them not to issue any NOCs or annexures for Slum Rehabilitation Authority (SRA) projects under Regulation 33 (12)(B) of Development Control Promotional Regulations (DCPR), 2034. The regulation deals with the removal and reaccommodation of tolerated/protected structures falling in the alignment of roads.

Rathod wrote the letter soon after BMC commissioner Bhushan Gagrani sent a strongly worded letter to the SRA on June 9, raising objections to its alleged interference in the civic body’s jurisdiction as a planning authority. Gagrani had written to the chief executive of SRA that issuing permissions under various regulations beyond its jurisdiction and combining them with other regulations is a violation of provisions of Maharashtra Regional Town Planning (MRTP) Act, 1966, and the DCPR 2034.

Rathod, in his letter, told all assistant commissioners not to issue any NOC or annexure under the provisions of Regulation 33(12)(B) to the SRA. If any NOC or annexure had been issued earlier, it shall be withdrawn immediately with the approval of the competent authority, he wrote. Further, to avoid legal complications in the future, it is also requested to withdraw any permissions already granted that are in contravention to the provisions of the DCPR 2034 by implementing the regulations incorrectly or wrongly interpreting them, the letter stated.

Rama Mitkar, deputy chief engineer of the SRA, said, “Many of the permissions have been given since 2003. We had a meeting with the urban development [department] and apprised Aseem Gupta, the principal secretary of the urban development department, of the matter.’’

Gagrani had earlier raised objections to the SRA issuing development permissions under regulations such as 33(12)(B) and 33(19), which do not come under the provisions of the Slum Act. Regulation 33(19) pertains to the granting of additional FSI up to 5.00, including permissible FSI under Regulation 30(A)(1) if the area near the plot has a well-developed infrastructure to cater to the additional load.

The SRA is supposed to deal only with areas that are declared slums under the Maharashtra Slum Areas Act, Gagrani wrote. The BMC chief also stated that several other lapses were found while going through the approvals issued by the SRA.

“While approving several proposals… the provisions of the Development Control and Promotion Regulations 2034 have either not been taken cognisance of or the proposals have been issued in violation of the provisions or giving relaxations in the provisions, which is not permissible as per the said provisions of Regulation or the MRTP Act, 1966,” said the letter.