HC reserves order on PIL alleging “haphazard” redevelopment of BDD chawls

Mumbai: The Bombay high court (HC) on Monday reserved its order on a Public Interest Litigation (PIL) filed by two city residents questioning the “haphazard manner” in which the BDD chawls in Central Mumbai were sought to be redeveloped

Mumbai: The Bombay high court (HC) on Monday reserved its order on a Public Interest Litigation (PIL) filed by two city residents questioning the “haphazard manner” in which the BDD chawls in Central Mumbai were sought to be redeveloped.

HC reserves order on PIL alleging “haphazard” redevelopment of BDD chawls

The petition filed by civil engineer Shirish Patel and architect Sulakshana Mahajan questioned the proposed redevelopment of BDD chawls at Worli, Naigaon and NM Joshi Marg - primarily on the ground that the proposed rehabilitation of 16,544 existing tenants in densely constructed high-rise buildings will be a health hazard for the families.

Senior advocate Aspi Chinoy, appearing for the petitioners, on Monday informed the division bench of acting chief justice SV Gangapurwala and justice SG Chapalgaonkar that the redevelopment of the BDD chawl will be like modern slums.

He said the developers have clustered all the tenants in 11 buildings without any space in between so that they can construct a 70-storey building of the sale component. The senior advocate said double standards were being applied towards poor people and those who are well off.

According to the PIL, 16,544 tenants are residing in 160-square feet premises in 207 ground-plus three-storied chawl-like buildings at Worli, Naigaon, NM Joshi Marg and Sewri. The state government has appointed MHADA as the nodal agency for the implementation of the redevelopment scheme and also a special town planning authority for the same.

Under the redevelopment scheme, they will get 2-BHK flats measuring 500 square feet each in high-rise buildings. Petitioners contended that these rehabilitation buildings are proposed to be constructed in close proximity, as a result of which most of the tenements will be deprived of adequate sunlight and air/ventilation. This coupled with a lack of adequate open space and space for recreation will jeopardise the health and well-being of the tenants.

“Potential risks include stunted growth of children and higher susceptibility to tuberculosis,” the petition stated. “The occupants are ostensibly receiving larger living spaces free of cost; 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 the construction of buildings for sale from which the State and its instrumentalities expect to earn a profit of approximately ₹15,000 crore.

Their PIL added that special provisions had been made for this redevelopment scheme under DCR (33)(9)(B) under which no consent of tenants was required to be obtained for the redevelopment.

“These tenants have therefore no say in the manner they will be rehabilitated and thus, they have not been made aware of the health hazards and implications of the redevelopment on the quality of their lives,” stated the PIL.

The petitioners had also taken strong exception to the fact that there was no cap on FSI allowed to be utilised for the redevelopment project. The DCR, according to them, provided for FSI of 4 or the FSI required for rehabilitation and incentive FSI to the extent of 55 to 100℅ of the rehabilitation area, whichever is more. In this regard, they have also complained that the grant of additional area to tenants will enable the developers of the project to utilise more FSI for sale buildings.

The petitioners have suggested an alternative plan for redevelopment of the chawls, claiming that the project can be further improved by taking up the issue with town planners.

Worli:

Existing structures – 121 ground+3 storied chawl-like structures

Proposed construction – 87 buildings of 27 floors each for rehabilitation of the 9,680 tenants

- 10 sale buildings having 3 basements + Ground + 8 podium parking + 66 residential floors

- One commercial building consisting of 3 basements + Ground + 29 floors

Naigaon:

Existing structures – 42 ground+3 storied chawl-like structures

Proposed constructions – 20 buildings of 23 floors each for rehabilitation of 3,344 tenants

- 8 sale buildings having 3 basements + Ground + 6 podium parking + 67 residential floors

- A 20-storied commercial building

NM Joshi Marg:

Existing structures - 32 ground+3 storied chawl-like structures

Proposed constructions - 14 buildings of 22 floors each for rehabilitation of 2,560 tenants

- 4 sale buildings with 3 basements + Ground + 7 podium parking + 47 residential floors

- 1 Commercial building consisting 3 basements + Ground + 6 podium parking + 8 office floors