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Resolution against developers unlikely to be passed

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Even though the civic House passed a resolution to deny crucial nods to developers who refuse to sell flats to non-vegetarians, the same is unlikely to be approved by the administration of the Brihanmumbai Municipal Corporation (BMC).

The 227-seat civic House had on Thursday passed the resolution that developers engaged in such practices must not be issued intimation of disapproval (IOD), commencement certificate (CC) and water connections. An IOD is approval of civil plans, while procuring CC means a developer can undertake construction. The resolution needs BMC commissioner Sitaram Kunte's nod to be made effective.

According to sources in BMC, even though corporators from all parties, barring BJP, aggressively supported the resolution, the same is unlikely to hold water when tested on legal grounds. The sources, referring to a 2005 SC order, said members of a community can come together to form a society/an association. As per the order passed in a matter involving Parsis, the court said a society has the right to rent out and sell flats only to members of a particular religion under freedom of association as per Article 19(1)(c) of Constitution of India.

"A group of like-minded people can come together and form a society or association, restricting entry to others. Similarly, people who share similar eating patterns can form a society, denying entry to those who follow different practices. What one eats is also part of his/her thinking. This aspect can't be ignored when the resolution comes before municipal commissioner for approval," said a senior civic official.

He added that the state government, however, can give relief to non-vegetarian buyers by amending Maharashtra Ownership of Flats (regulation of promotion of construction sale management and transfer) Act or others relating to housing issues. That possibility, however, is slim given that BJP, which has opposed the resolution, is heading the state government, sources said.

Samajwadi Party's group leader in the BMC Rais Shaikh, however, said there is nothing wrong if a community plans to form society on land it owns. "However, you can't make public offering of flats and then refuse to sell the same based on caste, religion, eating pattern, etc. There is no way to prove this, but it is happening in the city," Shaikh said.

Congress legislator Nitesh Rane, who had raised the issue first, believes passing resolution within BMC won't suffice and the issue needs to be dealt at higher level, ie state assembly.

"Both MNS and Shiv Sena have woken up only now. The two parties are the ones that have helped such builders construct veg towers. Had they opposed such practices earlier, the non-vegetarian Marathi manoos trying to buy flats in parts of island city would not have suffered. I am going to raise the issue during the winter session," he said.

President of National Real Estate Development Council Sunil Mantri said the developers' body does not encourage differentiation of buyers based on their eating habits. "There should be no differentiation encouraged based on religion and caste as far as flat allotments are concerned. We are a secular country and this city is for all. Besides, there can be a possibility of established societies more than developers denying permission to flat buyers based on religion, caste or eating habits. We don't support such practices."

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