BMC chief blasts Slum Rehab Authority for overstepping its legal boundaries

BMC commissioner raises objections to SRA's interference in BMC's jurisdiction as a planning authority, citing violations of regulations.

MUMBAI: BMC commissioner Bhushan Gagrani has sent a strongly worded letter to the Slum Rehabilitation Authority (SRA), raising objections to its alleged interference in the BMC’s jurisdiction as a planning authority.

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In the letter dated June 9, Gagrani points out that it has come to the BMC’s notice that the SRA has been issuing development permissions under regulations such as 33(12)(B) and 33(19), which do not come under the provisions of the Slum Act. The SRA is supposed to deal only with areas which are declared slums under the Maharashtra Slum Areas 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. But this is primarily the BMC’s responsibility. “It is to be pointed out here that the SRA’s act of issuing development permissions beyond the jurisdiction of its area as a planning authority is not as per the provisions of the Maharashtra Regional Town Planning Act, is bad in law and also encroaches upon the BMC’s powers,” says the letter.

The BMC chief has stated that several other lapses were found while going through the approvals issued by the SRA (forwarded to the BMC either for concurrence or other purposes). “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,” says the letter. “We are making the correspondence regarding this issue separately to the Urban Development Department to take cognizance of the said act of the SRA of issuing such approvals which are in contravention to the provisions of the DCPR 2034 by implementing the DCPR in different way both incorrect/ wrong interpretation.” (sic)

Gagrani has conveyed that it is clear that the SRA is using powers beyond its jurisdiction mentioned in the provisions of the DCPR and MRTP Act. “Hence, you are requested to please direct the concerned SRA officers to immediately take action on this and stop issuing such permissions which are beyond the SRA’s jurisdiction. It is also requested to withdraw such permissions which are already granted to avoid legal complications in future,” says the letter.

When HT contacted Rama Mitkar, the deputy chief engineer of SRA, he said he would consult the urban development department. Gagrani did not respond to calls.