Latest news with #DevelopmentControlRegulation
Time of India
3 days ago
- Business
- Time of India
Bombay high court stays 2023 govt resolution on telecom room requirement in buildings
Mumbai: Bombay high court has stayed an Aug 25, 2023, government resolution (GR) which requires providing telecom room space in buildings before granting development permissions. The Maharashtra Chamber of Housing Industry, Raigad, and others filed the petition against the GR, issued under the Maharashtra Regional and Town Planning Act, claiming it was unlawful to introduce such a requirement via a GR. The designated space is meant to have telecom infrastructure within prescribed standards similar to other building services such as water, electricity or fire safety systems. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai In an interim order on July 29, the high court division bench of Justices Girish Kulkarni and Arif Doctor, though, clarified that such insistence can be enforced once the Development Plan (DP) or Development Control Regulation (DCR) is amended legally. The process involves calling for public objections and suggestions as mandated by law. The MCHI, Raigad, argued that the state lacked the authority to impose such a condition in a GR merely because a recommendation in 2022 was made to all states by the Union ministry of telecommunication that in the "building bylaws" of the states and Union territories, a provision for a telecom room be made. The MCHI stated that the MRTP Act provides for the 'Contents of Development Plan (DP)' and empowers the state to modify the DP in the public interest. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like It's Genius for Learning Languages [See Why] Talkpal AI Undo by Taboola by Taboola The state informed the high court that it initiated the process to modify the DP and Unified Development Control and Promotion Regulations (UDCPR) to provide for a telecom room and will follow the legal process of inviting objections before any proposed amendment is made. The high court prima facie agreed with MCHI's contention that the requirement sought in the GR would amount to a modification of the development plan, which "could not be enforced by issuing a directive" via a GR on a letter from the Centre, especially when the state is empowered to modify the statute, which it is now in the process of doing. The high court clarified that it had not examined the legality of the process the state adopted for its proposed DP modification or other consequences brought about by any other provisions of the MRTP on applications pending for development permissions. The high court posted the matter on Sept 26 for final hearing.
Hindustan Times
04-07-2025
- Business
- Hindustan Times
Rent for tenants of dangerous cessed bldgs to be hiked to ₹30,000/ month: Minister
Mumbai: The state government will consider increasing the monthly rent given to tenants of dangerously dilapidated cessed buildings in Mumbai which are undergoing redevelopment from ₹20,000 to ₹30,000, minister of state for urban development Pankaj Bhoyar said in the state assembly on Thursday. There are around 13,000 cessed buildings in the island city and most of them are in dilapidated condition. (Satish Bate/HT PHOTO) 'During redevelopment, tenants will have to stay elsewhere and the amount of rent fixed at ₹20,000 per month is very less. Hence, the government will consider increasing the rent to ₹30,000 per month,' Bhoyar said. No objection certificates (NoC) issued to developers for redevelopment of cessed buildings under Development Control Regulation (DCR) 33 (7) will be also cancelled in cases where work has not commenced despite the passage of three years, the minister said. Bhoyar was responding to complaints of delay in the redevelopment of cessed buildings, raised by several legislators from the city cutting across party lines. Cessed buildings refer to buildings constructed between 1940 and 1969 that are maintained by the Mumbai Building Repair and Reconstruction Board (MBRRB) of the Maharashtra Housing and Area Development Authority (Mhada). There are around 13,000 cessed buildings in the island city whose tenants pay a tax or cess to the housing authority towards maintenance and repairs. The MBRRB had declared 96 cessed buildings as dangerous following a pre-monsoon survey this year. DCR 33 (7) governs the redevelopment of cessed buildings. In December 2022, the state government introduced clause 79 (A) in the Mhada Act, 1976, allowing the housing authority to undertake redevelopment of dilapidated cessed buildings in cases where owners or tenants failed to appoint a developer. Though the objective of the amendment was to ensure speedy redevelopment of cessed buildings, not a single redevelopment proposal has been approved by the state government since then, legislators from the city said in the assembly on Thursday. Congress MLA Amin Patel pointed out that 14 proposals were still pending with the state government. 'Section 79(A) is applicable to buildings classified as C1 structures, which are extremely dangerous and unfit for habitation. But the clause should apply to C2 structures, which require only partial demolition and major structural repairs,' he said. Bhoyar accepted that 14 proposals were pending with the government and attributed the delay to litigation. 'In some cases, land owners conducted third party audits and approached the courts, saying redevelopment was not required, which led to delays. The government will approve the proposals at the earliest,' the minister said. The government will also consider extending section 79 (A) of the Mhada Act to C2 structures, he said.
