The Bombay high court (HC) on Wednesday directed the Maharashtra Housing and Area Development Authority (Mhada) and state to respond to a public interest litigation (PIL) questioning the proposed redevelopment of BDD chawls on the grounds that the rehabilitation of the 16,544 existing tenants in densely constructed high-rises could prove to be hazardous for their health.
According to the PIL filed by civil engineer Shirish Patel and architect Sulakshana Mahajan, the tenants live in 160-sqft premises in 207 ground-plus-three storey chawl-like buildings at Worli, Naigaon, NM Joshi Marg and Sewri. The state has appointed Mhada as the nodal agency for implementation of the scheme, along with a special town planning authority. Under the redevelopment scheme, they will get 2-BHK flats admeasuring 500sqft each in high-rises. The petitioners said that these buildings are proposed to be constructed in close proximity, which will result in most tenements being deprived of adequate sunlight and air/ventilation. This, coupled with lack of adequate open space and space for recreation, will jeopardise their health and wellbeing.
“Potential risks include stunted growth of children and higher susceptibility to tuberculosis,” the PIL stated. “The occupants are ostensibly receiving larger living spaces for free, however they will pay for such rehabilitation with their health,” it added.
They further contended that a major part of the land will be utilised for construction of buildings for sale, from which the state expects to earn a profit of approximately ₹15,000 crore. The PIL added that a special provision has been made for this redevelopment scheme by way of DCR (33) (9) (B), under which consent of tenants is not required to be obtained for the redevelopment. “These tenants therefore will have no say in the manner in which they will be rehabilitated,” states the PIL.
{{/usCountry}}They further contended that a major part of the land will be utilised for construction of buildings for sale, from which the state expects to earn a profit of approximately ₹15,000 crore. The PIL added that a special provision has been made for this redevelopment scheme by way of DCR (33) (9) (B), under which consent of tenants is not required to be obtained for the redevelopment. “These tenants therefore will have no say in the manner in which they will be rehabilitated,” states the PIL.
{{/usCountry}}The petitioners have also taken a strong exception to the absence of cap on FSI allowed to be utilised for the project, stating the developers will use the FSI for buildings on sale. The DCR, according to them, provides for FSI of 4 or the FSI required for rehabilitation and incentive FSI to the extent of 55-100% of the rehabilitation area, whichever is more. The petitioners have suggested an alternative plan for redevelopment of the chawls, claiming that the project can be further bettered by taking up the issue with town planners.
Box: THE REVAMP PLAN
WORLI
Existing structures: 121 ground+3-storey chawl-like structures
Proposed construction:
87 buildings of 27 floors each for rehabilitation of the 9,680 tenants
10 sale buildings consisting of three basements + ground + 8 podium parkings + 66 residential floors
One commercial building consisting of three basements + ground+ 29 floors
NAIGAON
Existing structures: 42 ground+3-storey chawl-like structures
Proposed construction
20 buildings of 23 floors each for rehabilitation of 3,344 tenants
8 sale buildings consisting 3 basements + ground + six podium parking + 67 residential floors
A 20-storey commercial building
NM Joshi Marg
Existing structures: 32 ground+3-storey chawl-like structures
Proposed construction
14 buildings of 22 floors each for rehabilitation of 2,560 tenants
4 sale buildings consisting of three basements + ground + seven podium parkings + 47 residential floors
1 commercial sale building consisting 3 basements + ground + six podium parkings + eight office floors