Relief for Navi Mumbai developers as state clarifies on permissible FSI for CIDCO plots

The state government has clarified that a basic FSI of 1.5 and an additional building potential of 0.50 is permitted for plots leased by CIDCO in Navi Mumbai, providing relief to developers. The clarification comes after CIDCO reportedly denied the FSI to developers due to a different interpretation of regulations. The clarification allows projects that were stuck for almost 10 months to move forward without paying additional premiums. CIDCO has not commented on the development.

The state government has clarified to CIDCO (City and Industrial Development Corporation) that a basic FSI (floor space index) of 1.5 and an additional building potential of 0.50 is permitted under the Unified Development Control and Promotion Regulations (UDCPR) provisions for the plots of more than 1000 square metres leased by it to developers in Navi Mumbai.

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The clarification is a major relief to the developers who had bought CIDCO plots but were being denied the FSI assured to them, reportedly due to a different interpretation of the UDCPR provisions by the nodal agency.

Jitu Jagwani, president of the Raigad unit of CREDAI-BANM (Builders Association of Navi Mumbai), said, “Our members bought plots of more than 1,000 square metres which had the requisite 15-metre-wide road in front of them taking into the FSI provisions applicable to them under UDCPR. In fact, CIDCO itself auctioned the tender plots offering a basic FSI of 1.50.”

The government in a clarification issued on October 12, 2022, said apart from 1.5 FSI, the PAP (project affected persons) plots would also get 0.5 FSI potential, he said.

But it did not take away the original provision applicable to all plots, he pointed out. “UDCPR clearly states that the basic FSI permissible is 1.5 and maximum building potential can be allowed to be exceeded by further 0.50.”

Jagwani said this clarification was, however, misinterpreted by CIDCO. “When we went for commencement certificate process, CIDCO refused to approve building plans for a basic FSI of 1.5 and an additional potential of 0.50 permissible, citing the clarification. It offered 1.10 FSI for the plots and a premium was demanded for 0.40 FSI.”

Chirag Shah, secretary of the association, said, “We consulted legal experts and government officials on the issue and confirmed that CIDCO’s interpretation was not right and that UDCPR permitted the FSI that we had been assured by CIDCO.”

The association on January 9 approached chief minister Eknath Shinde, who also heads the urban development department.

“We are thankful to the government which through a notification dated July 24 clarified that the additional FSI provisions were applicable to both the CIDCO-leased plots and the PAP plots. The projects that had been stuck for almost 10 months will now go through,” Shah said.

Association mentor and CREDAI-BANM Navi Mumbai unit president Vasant Bhadra said, “The developers had been stuck as they could not go ahead with their projects with lesser FSI. Paying the premium for the additional FSI would be a huge burden. They were suffering huge financial loss as they simply couldn’t move forward.”

He added, “The management committee worked very hard to get the clarification and we got full support of our members on it. We will now no longer have to pay anything extra that is not due and suffer any loss with regard to it. We will get the original FSI assured to us.”

CIDCO could not be contacted for its comments on the development.