BMC eyes ‘illegal’ Campa plot for FSI


Mumbai: The BMC is examining the option of taking back a part of the plot in Campa Cola compound from a builder, who the civic body claims had acquired third-party rights without its permission, for the FSI required to accommodate residents of the illegal flats. The option will be presented to chief minister Prithviraj Chavan on Friday by BMC commissioner Sitaram Kunte.
However, the land may co
me at a hefty price for the residents, even if the government subsidizes it heavily.
‘Keep 20% of land for cheap housing’
The state government has directed builders developing housing schemes on a 4,000 sqm (1 acre) plot to reserve 20% of the plot for cheap housing. They will get 20% extra FSI as incentive. P 3

BMC eyes extra FSI under 1991 rule for Campa Cola residents To Rehabilitate Illegal Flat Owners, Govt May Have To Provide Concessions Like Change Of Land Use & Extra FSI
A senior BMC official saidon Thursday that a plot in the Campa Cola society, acquired by a builder without the civic body’s permission, has to be taken back to rehabilitate the residents of the illegal flats.
The bureaucrat said that the plot belonged to the BMC but its permission was never sought for the transaction. “If the illegal flat owners have to be accommodated, then the lease (on this plot) will have to be cancelled and new flats constructed on that land,” he said.    It will not be an easy process to regain this land but the thinking in the top echelons of the civic body is that it will have to do so if it wants to find the necessary FSI, the bureaucrat said.   
Further, even if the land, or a part of it, is given to the illegal residents, its land-use will have to be changed from industrial to residential for
construction to be allowed. But officials think it is not an intractable problem; the government can do it easily.   
Still the big question is who will pay
for the land. The current market rate in the area is Rs 40,000-50,000 per square foot.  
The state government may have to allot it at a much subsidized rate but, even then, it could cost a hefty sum and whether the residents will be able to afford it will have to be seen.   
The proposal will have to be ratified by the improvements committee and the general body of the BMC. With most politicians professing their support for Campa Cola residents, this is not considered to be tough now.   
The government is also eyeing the additional FSI under the 1991 development control rules, which exclude the lifts, common passages and staircases from FSI calculations.
But with the plot falling under the Coastal Regulation Zone II, this would require huge concessions from the
government again.   
The Supreme Court had on Wednesday asked attorney general Goolam Vahanvati to submit a proposal for rehabilitation of owners of the ille
gal flats. Vahanvati informed the court that all the flat owners can be rehabilitated in the premises of the same society and the illegal flats can then be demolished.   
“Vahanvati had made the submissions before the Supreme Court after consulting BMC engineers and bureaucrats. Now, we are drafting an action plan on the rehabilita
tion. BMC commissioner Sitaram Kunte had a brief meeting with advocate general D J Khambata on the rehabilitation plan,” the bureaucrat said.


Portion of plot allowed to be made residential
13,049 sq m

Size of plot left for industrial use
4,856 sq m

Illegal area of flats to be demolished under SC order
7,916 sq m


Pure Drinks, to whom the BMC had leased the entire plot to, entered into an agreement for around 4,800 sq m of the land with Krishna Developers, thereby creating third-party rights   
Krishna Developers had said in the SC, during the Campa Cola hearing, that it paid Rs 30 crore in 2007 to Pure Drinks for the portion of the plot  
However, a BMC official said Pure Drinks has still not assigned this portion of the land to Krishna Developers   
The BMC has already served a termination notice for various breach of lease conditions on the plot   
The SC had not accepted the residents’ plea that the FSI available on the plot under the 1991 DC rules could be used to regularise the illegal floors

The 4,800 sq m land (little over an acre) adjoining the Campa Cola society’s residential buildings, is now the focus of attention. The plot is still reserved for industrial use   
Changing the land use from industrial to residential will be a long-drawn process, say civic officials, unless the state government intervenes  

The entire Campa Cola plot, including the portion reserved for industrial use, falls under CRZ-II
Hence, FSI will remain at 1.33, there will not be any FSI benefits if the
residents, it will charge them 120% of the current market rate
The prevailing market rate in the area is around 40,000-50,000 per square foot
It could cost the residents a conservative 150 crore
However, the residents may get some relief if the court or the state government orders the BMC to sell the plot at a highly subsidised rate buildings are redeveloped
The benefits of 33% additional FSI that can be procured by paying a premium to the BMC is also not allowed on a CRZ plot
On the FSI front too, the government may have to make an exception

Source : Times Of India