MUMBAI: In a crucial decision that will benefit lakhs of Mumbaikars, the state government is set to draw up a fresh policy to grant occupancy certificates (OCs) to over 25,000 buildings, in Mumbai and its suburbs constructed under development control regulations of the Brihanmumbai Municipal Corporation (BMC), Maharashtra Housing and Area Development Authority (MHADA), Slum Redevelopment Authority (SRA) and other bodies.
The Amnesty Scheme was announced by the Mumbai suburban guardian minister and Bharatiya Janata Party (BJP) leader Ashish Shelar after he held a joint meeting with his party’s MLAs and officials from BMC, Urban Development Department (UDD), Revenue Department and Cooperation Department, on Thursday. The move is seen as a significant one, especially in light of the civic body elections expected to be held between January and February next year.
The policy, which is expected to be rolled out on October 2, will simplify the procedure to acquire OCs by weeding out technical and legal glitches that have traditionally been impediments. Potentially, penalties will also be waived off on residents (who apply within a stipulated period) of the buildings.
In the absence of an OC, residents of such buildings are legally classified as unauthorised occupants – as evidenced by the fate of 31 families residing in floors between 17 and 34 of Willingdon View CHS, in Tardeo. They were compelled to vacate their flats on August 27, following a Bombay High Court (HC) order of July 15, as the housing society lacked a full OC and a fire NOC.
The government has endeavoured to grant OCs to such buildings for over two decades, for which many drives were also undertaken. Yet, despite such measures, all efforts remained futile due to the many loopholes in past regulations and lapses by developers. After the meeting on Thursday, in a video clip which was eventually shared on social media, Shelar said, “Under the new policy, technical or administrative lapses in the construction process will be rectified through a streamlined process, enabling thousands of buildings to finally receive OCs. This includes buildings previously denied certificates due to discrepancies in sanctioned floor area, setbacks, or regulatory changes. Projects stalled due to evolving policies will also be considered for regularisation.”
{{/usCountry}}The government has endeavoured to grant OCs to such buildings for over two decades, for which many drives were also undertaken. Yet, despite such measures, all efforts remained futile due to the many loopholes in past regulations and lapses by developers. After the meeting on Thursday, in a video clip which was eventually shared on social media, Shelar said, “Under the new policy, technical or administrative lapses in the construction process will be rectified through a streamlined process, enabling thousands of buildings to finally receive OCs. This includes buildings previously denied certificates due to discrepancies in sanctioned floor area, setbacks, or regulatory changes. Projects stalled due to evolving policies will also be considered for regularisation.”
{{/usCountry}}Significantly, buildings where developers failed to hand over reserved areas or flats to authorities — a key reason for denial of OCs in the past -- will also be brought under the purview of the new scheme.
“The entire process will be executed transparently through an online system. Housing societies have been encouraged to proactively apply for OCs, either individually or jointly. In order to incentivize early compliance, no penalty will be charged for applications submitted within the first six months of the policy’s implementation. However, where additional FSI has been used, the requisite premium must be paid,” Shelar added.
In Thursday’s meeting, some recommendations by a group of experts and elected representatives under former North Mumbai MP Gopal Shetty, called OC Study Group, formed in the aftermath of the Willingdon View case, were accepted. Key among them were maintaining the original building line and height aligned with the Commencement Certificate (CC), preserving open spaces, ensuring parking areas are not compromised and allowing part OCs and deemed OCs (deemed OC is a provisional certificate issued when the formal OC is delayed due to administrative or technical issues though the building is ready to be occupied).
“We also advocated strict action against encroachments on recreational grounds and setback violations, and suggested delinking unauthorised units to facilitate partial approvals for compliant parts of buildings. Importantly, we proposed that the scheme apply to all buildings except those registered under RERA,” said Shetty. “I have been fighting for the cause since 1992. This step by the government is very important for Mumbaikars,” he added.
Architect Tarun Motta, who was part of the study group, said apart from the 25,000 buildings, the government’s move will offer respite to over 500 constructions by MHADA and SRA as well.
After the meeting, an official from UDD, who did not wish to be named, however told HT, that according to the department’s records, only 5500 to 7000 buildings in the city and suburbs are likely to get the reprieve, underscoring that “the 25,000 buildings the BJP leaders are talking about may include unauthorised buildings, which cannot get OCs”.
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