Probe reveals misuse of road-widening regulation; builders, encroachers benefit

Mumbai officials and developers are misusing a civic regulation for road widening, benefiting ineligible individuals over genuine residents, raising concerns.

MUMBAI: A major misuse of a key civic regulation meant for road widening and rehabilitation of project-affected persons (PAPs) has come to light in Mumbai. Officials and real-estate developers are allegedly colluding to exploit the Development Control and Promotion Regulation (DCPR) 2034, specifically provision 33(12)(B), to benefit ineligible individuals instead of genuine residents.

Probe reveals misuse of road-widening regulation; builders, encroachers benefit

Provision 33(12)(B) of the DCPR 2034 allows developers to clear structures that obstruct existing or proposed roads and, in return, receive additional Floor Space Index (FSI) as compensation. The 2023 circular issued by then civic chief Iqbal Singh Chahal clearly mandates that affected residents must be rehoused within the same ward, with developers gaining extra floor space for each structure rehabilitated.

However, ward-level reports reviewed by HT reveal that the scheme is being implemented in a fragmented and arbitrary manner across Zones 1 and 2 (Mumbai island city). Instead of focusing on three priority roads at a time — as required by the circular — multiple road lists have been drawn up simultaneously, leading to incomplete demolitions and half-finished roads. “The objective of creating obstruction-free roads is being lost because structures are being removed only partially,” the report notes. “Even roads where encroachments are mostly cleared are not being taken up for construction.”

Officials have also flagged that notices have been issued selectively — sometimes to just one or two structures per road — without actual follow-up demolitions. The report warns that the mass inclusion of roads without following set criteria contradicts civic instructions and leaves several projects stuck mid-way.

Under DCR 33(12)(B), eligible residential structures are entitled to 27.88 sq m of alternate housing, while non-residential ones are offered either 20.9 sq m or their existing area, whichever is less. No-objection certificates (NOCs) must be issued in the names of original residents, followed by tripartite agreements between the landowner, developer, and occupant.

Instead, several cases show that eligibility has been fraudulently transferred to third parties, with NOCs issued in their names. “This deprives the real occupants of rehabilitation and risks them resorting to fresh encroachments elsewhere,” the report states. “The added benefits of BUA, fungible, and incentive areas are being diverted to outsiders.”

RTI activist and whistleblower Santosh Daundkar, who first flagged the irregularities in 2023, alleged that bogus beneficiaries are being planted by developers while genuine residents are left out. “Only a thorough probe can reveal how many fake NOCs were issued,” he said.

The findings, submitted to Additional Municipal Commissioner (City) Ashwini Joshi, were approved and forwarded to civic chief Bhushan Gagrani. In his noting dated September 26, Gagrani admitted to serious lapses, saying the scheme must be implemented “project-wise rather than developer-wise.” He has directed that a new, comprehensive circular replace the earlier one to prevent further misuse.

“We are targeting to finalise the amendment this month,” Gagrani told HT. “It should serve the intended purpose.”

Daundkar, however, said revisions alone won’t fix the problem. “All NOCs granted under 33(12)(B) should be suspended pending inquiry. A committee must verify if actual hutments benefited, and if not, the developers’ gains must be revoked immediately,” he added.