Mumbai: In a big relief to the residents of Willingdon Heights, the high-rise in Tardeo whose top 17 floors residents vacated their houses last month due to lack of occupation certificate (OC), the penalty of Rs 35 crore is most likely to be reduced. Several charges applied towards regularisation of the building, will not be calculated as per the development control regulation (DCR) 1991 of the BMC and not of DCR 2034.
State Govt To Roll Out New OC Policy From October 2
The development comes after the state government took a policy decision on Thursday, to frame a policy to grant OC to more than 25,000 buildings in Mumbai constructed under the DCR of the BMC, MHADA, SRA and other authorities, which for various reasons had not received OCs.
The state Urban Development Department will roll the new policy from October 2, under which technical or administrative lapses made during construction will be rectified, and buildings will be granted OCs through a simplified process. Similarly, buildings that were denied OCs due to issues such as differences in sanctioned floor area, setback-related hurdles, etc., will also receive relief.
Guardian Minister Ashish Shelar Announces Relief
"The new policy will give relief for lakhs of Mumbaikars, who despite residing in their own homes for many years were legally considered 'unauthorized occupants', due to loopholes in the past regulations or lapses on the last of developer," said Mumbai's Gaurdian minister Ashish Shelar while announcing the policy.
Residents Say Penalty Burden Unfair
Chairman of Willingdon Heights CHS, Nilesh Bhandari, who was also present at the meeting said, "It is a big relief for us. Our building is legal and built as per DCR 1991. We also got a provisional NOC from Mumbai Fire Brigade recently. But the BMC penalty towards obtaining the OC was around Rs 35 crore (including the parking charges), as per the DCR 2024."
"Finally, now the charges towards regularisation will be as per DCR 1991, including the Free Floor Space Index usage and penalty for six months will be waived off as our OC is now under process," Bhandari said.
Residents Highlight Larger Issue
Satish Mehta, a resident said, "We running pillar to post to comply with Bombay High court directions and obtain a OC so that we can move back to our houses. We have been asking the BMC to consider the charges levied on us as per the DCR 1991. It is not only one Willingdon Heights building, but thousands of buildings like us whose OC obtaining is a challenge due to changes in regulations. Because we raised the issue, the government also took it seriously and now thousands of without OC buildings in Mumbai, facing similar situation like us, will be benefited."
Political Push For OC Relief
Mumbai city Guardian minister Mangal Prabhat Lodha had announced on August 28, the day the 27 families from Willingdon Heights vacated the flats, that the Chief Minister Devendra Fadnavis has ordered to fasten to process of granting OC to the building if all compliances are met.
BJP leader and former MP Gopal Shetty, who has been in support of the residents of Willingdon Heights said, "The residents are not at fault but the builder is. The BMC has itself written to the state government asking to ease the process of OC thousands of such buildings in Mumbai, but never followed up. Finally, now the UDD has taken the call and the new policy will benefit lakhs of Mumbaikars."
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BMC Says Penalty Will Be Reassessed
Speaking with the FPJ, BMC's Chief Engineer (Development Plan) Sunil Rathod said, "The penalty imposed of the Willingdon Heights CHS will be calculated as per the decision taken by the state government. If it falls under the clause where it should be granted relief from the penalty as charged as per DCR 1991, the relief can be granted."
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