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No new construction until state, BMC comply with MSW rules

Stay limited to new construction and not redevelopment projects

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There will be no new construction of either residential/commercial buildings or hotels in Mumbai from March 1. The Bombay High Court has stayed new constructions because the state government and Brihanmumbai Municipal Corporation (BMC) have failed to comply with the Municipal Solid Waste (Management and Handling) rules at the Deonar and Mulund dumping grounds, which are working well past their capacity. However, the stay does not apply to redevelopment projects.

The state and BMC have assured the court that by 2019 they would be able to ensure setting of facilities to scientifically treat solid waste at dumping grounds. The state can apply for modification of the court order imposing stay after it carries out the impact assessment of new constructions on generation of solid waste and modification in the development control rules as per the circular which suggest setting up of biodegradable plants at each ward.

The order also restrains BMC from granting new Floor Space Index (FSI) if there is modification in the Development Control Rules (DCR) for constructions.

A division bench of justices Abhay Oka and CV Bhadang clarified that the stay is not on buildings under redevelopment, repairs and reconstruction; exemptions are also to construction of hospitals, nursing homes, schools and colleges. The civic body can accept proposals for new construction but not issue IOD and CC certificates. As per estimation before the court, of the total proposals for construction received by the corporation, 80 to 85 per cent are for redevelopment projects, while the rest is for new constructions.

The bench, while allowing the extension application moved by the corporation to allow it to dump at Deonar and Mulund dumping grounds, said: "On one hand, there is no real possibility of any authority complying with the MSW rules and on the other hand large-scale construction in the city is ongoing. In case of certain development proposal restrictions will have to be imposed merely because BMC/state has not carried out any scientific study to ascertain the generation of solid waste due to ongoing construction activity."

The state has pleaded before the court to not impose stay on construction activity as a large number of livelihood depends on the real estate industry.

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