Height relaxation: Ceiling goes off redevelopment projects in city

MUMBAI: Mumbai can grow taller. On Tuesday, the Bombay high court upheld the state government’s decision to remove the 45m height restriction for projects to redevelop old, dilapidated structures.

A group of citizens, including former minister Sadanand Varde, had challenged a January 1999 modification of the Development Control Regulations (DCR) to exclude redevelopment projects from the restriction.

The modification applies to reconstruction of old buildings by a private builder brought in by the landlord or tenants as well as redevelopment by the BMC or MHADA.

The bench comprising Justice FI Rebello and Justice VK Tahilramani did not comment on height relaxation for redevelopment of cessed buildings under DCR 33(7); another bench is hearing a petition challenging this specific rule.

Coming a day after the high court upheld the state’s Transfer of Development Rights (TDR) policy on Monday, the order has upset activists who feel it will impose greater burden on existing infrastructure.

Advocate General Ravi Kadam had argued that the modification was needed as additional Floor Space Index (FSI) provided to builders as incentive for redevelopment could only be accommodated by going higher.

The court said the modification, which was done according to prescribed procedure, did not change the character of the development plan as the additional FSI was allowed on existing structures.