Further, the court also rejected the MCHI claim that the new developments will provide housing to the poor for just Rs 2 lakh. Going by ready reckoners, it will be difficult to offer a house in the said amount, the bench said.
The Bombay High court on Thursday rejected a review petition filed by Maharashtra Chamber of Housing and Industries (MCHI), a body of developers and builders, seeking to lift the ban imposed on new constructions in the city. The petition was rejected due to a failure on the part of the civic body to comply with the municipality solid waste management rules (MSW).
A division bench of Justice Abhay Oka and Justice CV Bhadang turned down the plea saying they were not impressed by the MCHI argument that MSW rules don't apply to them because they are governed by the Construction and Demolition rules.
Further, the court also rejected the MCHI claim that the new developments will provide housing to the poor for just Rs 2 lakh. Going by ready reckoners, it will be difficult to offer a house in the said amount, the bench said.
The court also took into consideration that the Brihanmumbai Municipal Corporation (BMC) would not be able to meet the deadline for starting new landfill projects at Taloja and Airoli as neither has been allotted to them yet. Therefore, it seems unlikely for them to comply with the MSW rules by 2019.
Last year, the court had banned the construction of residential/ commercial establishments in Mumbai. The court had then directed the state to seek a modification in its order only after it complies with the 2013 HC ruling and MSW rules. The order also restrained the BMC from granting new floor space index (FSI) in the case of a modification in the Development Control Rules (DCR) to constructions.
The stay order doesn't include buildings that are being redeveloped, repaired, or reconstructed. Construction of hospitals, nursing homes, schools, and colleges are also permitted. The civic body can accept proposals for new construction but not issue IOD and CC certificates. As per estimates produced before the HC on the total number of construction proposals received by the corporation, 85 per cent are for redevelopment projects.
The dumping grounds at Deonar and Mulund have exceeded their dumping limits long back. The MSW rules, which were formulated in the year 2000, were to be complied by the civic body by December 2013. Only the dumping site at Kanjurmarg has facilities for scientific treatment of waste.
& Analysis
Developers and builders will have to wait till 2019 to get a go-ahead for constructing new buildings. The stay order is unlikely to be lifted until the BMC complies with the MSW rules and comes up with additional landfill facilities.
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