Mumbai: In a recent development that has sparked discussions within Mumbai's urban planning circles, the Brihanmumbai Municipal Corporation (BMC) has voiced its objections to the proposed utilization of Transfer of Development Rights (TDR) in construction projects across the city. The BMC, serving as the planning authority, has raised concerns regarding the government's proposal to allocate 40% of all TDR from the Dharavi redevelopment project (DRP) for use in construction projects citywide.
The government's draft notification, issued in November last year, outlined a mandate requiring builders to prioritize the use of DRP TDR for additional Floor Space Index (FSI) in Mumbai and the Mumbai Metropolitan Region. Additionally, the proposal aims to eliminate indexation for DRP TDR, potentially increasing its cost to up to 90% of the plot where it's utilized.
In response, the BMC has submitted objections and suggestions, highlighting potential challenges in implementing the proposed modifications. One key concern raised by the BMC is the impact on the implementation of Development Plan (DP-2034), particularly regarding the utilization of reservation TDR. The BMC argues that limiting the use of reservation TDR to only 40% may hinder the effective execution of DP-2034.
Furthermore, the BMC warns of the potential consequences of not acquiring reserved land within ten years of DP-2034 sanctioning, emphasizing the risk of reservations lapsing and the need for substantial monetary compensation under the Land Acquisition Relief and Rehabilitation Act, 2013.
Moreover, the BMC expresses apprehension about the lack of demand for its TDR allocated for public amenities, such as roads, if the government enforces the condition of utilizing Dharavi TDR first. This shift in policy contradicts previous regulations where no such prioritization was imposed.
Regarding the non-indexation of DRP TDR, the BMC argues against the government's stance, citing various concessions and provisions already in place to support the feasibility of the DRP. The BMC emphasizes the significance of the DRP as a vital public project, as recognized by the housing department's Government Resolution of 2018, which incorporates provisions to ensure its viability.
The debate surrounding the utilization of Transfer of Development Rights in Mumbai reflects the complexities of urban planning and development in a dynamic cityscape. As stakeholders navigate these discussions, it's crucial to strike a balance between policy objectives, regulatory frameworks, and the practical realities of implementation. The BMC's objections underscore the importance of considering holistic perspectives and long-term implications in shaping Mumbai's urban landscape.
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