Not all old buildings can be razed to build multi-storeys, says HC
Only buildings declared dilapidated structures or financially not
feasible for repairs by the state Housing Board can be demolished; no
blanket bar on additional FSI under Section 33 (7) of DCR
Express News Service
Mumbai, December 11: The reconstruction of old buildings in the island
city of Mumbai will now have to follow a set of stringent rules with the
Bombay High Court on Monday stating that only buildings declared
financially not feasible for repairs or dilapidated structures by the
Housing Board can be knocked down and rebuilt into multi-storeys.
However, except some conditions, the high court has said there will be
no bar on the additional Floor Space Index (FSI) granted to builders
under Section 33 (7) of the Development Control Regulations.
cont'd....
http://cities.expressindia.com/fullstory.php?newsid=212919
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The PIL had been sent back to the high court from the Supreme Court
after the Property Redevelopers Association and some tenants challenged
an earlier high court order in the matter.
While disposing of the PIL in October 2005, the high court had set up
three committees to verify the number of tenants eligible to be
rehabilitated in a redevelopment scheme, check the structural stability
of the building, and to take a re-look at conditions framed for DCR 33(7).
The court had further brought down the floor space index permitted on
such plots from 7 to 4 to bear a rational relationship with the
availability of civic amenities like water, sewerage and transport.
While removing this restriction (of using FSI of 4), the court on Monday
ordered that all buildings taller than 24m (ground + seven storeys) in
height would have to keep a compulsory open space of 3.6m as against
1.5m stipulated in the DCR.
Putting the safety of building occupants uppermost, the court held that
reduced side spaces for reconstructed buildings were not reasonable as
they left no space for fire-fighting and were violative of Article 14 of
the Constitution (right to life).
cont'd....
http://www.dnaindia.com/report.asp?NewsID=1068816