Development Plan-2034: Maharashtra Govt seeks suggestions for changes

It is the second time that the residents have got a chance to make suggestions to the DP before the master plan for the commercial capital’s development over the next two decades is finalised. (File Photo)

The state government on Thursday published a notification proposing modifications for Development Plan-2034 and inviting suggestions and objections from Mumbai residents. It is the second time that the residents have got a chance to make suggestions to the DP before the master plan for the commercial capital’s development over the next two decades is finalised.

The residents have been given 30 days, after the notification is published, to make suggestions and raise objections. The state government has appointed the deputy director of town planning, Greater Mumbai, to hear those filing suggestions and objections and submit a report within the “stipulated time”. The suggestions and objections have been sought with respect to Annexure B of the DP.

With major modifications proposed for Mumbai’s draft DP-2034 and development control (DC) regulations made for implementing the new plan, the Devendra Fadnavis-led government now wants to gauge public opinion.

Municipal Commissioner Ajoy Mehta had published the much-delayed draft DP-2034, along with the new regulation, on May 27, 2016. But a state-appointed planning committee, which had evaluated public suggestions and objections to the draft plan, had introduced significant modifications to the proposed regulations and the plan itself.

Later, the civic general body, which reviewed the committee’s report, introduced significant changes to the land use plans suggested in the draft. Together, the committee and the general body, made over 2,000 modifications to the draft plan alone.

The state Urban Development (UD) department had expressed the intention to revise the Floor Space Index (FSI) norm for certain developments, by proposing modifications to the existing DC-1991, even after the new draft plan and rules had been submitted to it for sanction.

“Major changes have been proposed to the draft DP and included in the Excluded Plan (annexure B). Many of these deal with modification of a proposed reservation in the draft plan, insertion of a new reservation, zone change, and enhancing buildable area rights for plots. Meanwhile, those already approved have been included in Annexure A,” said a senior official from the Brihanmumbai Municipal Corporation (BMC).

With the Maharashtra Regional and Town Planning Act, 1966, categorising such changes to a draft DP as being of “substantial nature”, the government is cautious about not seeking public opinion to the changes as officials feel that they might be challenged in the court and they may be in for a long-drawn legal battle, sources said.

“The Act clearly mentions that all such changes require publication of a separate ‘draft excluded plan’ on which public suggestions and objections are to be recalled,” a senior UD department official said. Hence, first the DP was approved. But it wasn’t finalised. The notification has been published by the deputy director of town planning categorising plans that are approved in Annexure A. Those that have been excluded have been put in Annexure B (draft excluded plan) and kept open for public suggestions and objections, the official said.

While the first part (Annexure A) of the new plan will come into force within a month of the issuance of the notification, the second part (Annexure B) would take over six months, officials said. A much-debated proposal of permitting higher FSI levels for all commercial developments in the city and another to permit high-density development around transport intersections will now be relegated to the second part of the approval process.

In DP-2034, the FSI for the island city has been increased from 2 to 3. For the suburbs, it has been kept the same at 2.5. It also promises to create around 8 million jobs and 1 million affordable homes. The DP department of the BMC has received around 17 new proposals for redevelopment of old, dilapidated buildings after the plan was approved by the chief minister.

Earlier, there was ban on redevelopment in the city that was lifted by the Supreme Court in March for six months with a condition that debris would not be dumped in in Deonar dumping ground. Developers had to find a plot for dumping debris and get No-Objection nCertificate from the owner of the plot. The DP also has a proposal to unlock around 2,100 hectares of land parcels, which is untouched. The plots were under the buffer zones and designated as no development zone.

Residents have criticised it. But officials claimed that the plots cannot be kept untouched forever. The DP will also make available around 300 acres in Aarey Colony for Metro car shed, zoo and rehabilitation of tribals. Another contentious proposal of granting FSI sops for redevelopment impacted by height restrictions due to the proximity of the airport and defence land has been relegated for now.

While the UD department had earlier proposed a hike in the FSI for constructions in the island city by modifying the DC rules, doubts have been raised on whether this, too, can be directly incorporated in the draft plan.

Clarifications mentioned in notification:

# Reservations for petrol pumps are proposed to be sanctioned as mentioned under Section 30 of MR & TP Act, 1966.

# If there is 30 metre buffer line shown on DP along the last railway tracks? If any deviation is found. the commissioner shall correct such lines and issue an order modifying the plan.

# At the time of implementation, if alignment of Coastal Road varies from the alignment shown in the DP due to site situation, then such variation shall be permitted and alignment on the DP shall be treated as stand modified to that effect. The area released due to such deviation shall be considered as included in the adjoining zone.

# Appropriate authority for all reservation for “government office” to be changed to ‘PWD/GAD’.

# In case of sanction accommodation reservation proposals, if share of the BMC along with construction if any of its own is handed over and final occupation certificate is granted to it, the share of land retained with the owner shall be declared free from reservation by the civic commissioner.

# If land shown as Natural Area does not fulfill the criteria set for it, then the commissioner, with the prior approval from the government, shall pass recent order to consider that the land is in no development zone, special development zone.

# Reservation for which the appropriate authority is shown a private person/private institute shall be considered lapsed. The development permission on such land shall be permitted as otherwise permissible on the adjoining land, as per DCR-2034.

# On land acquired for public purpose from the earlier-sanctioned DP, in which reservation is continued in the revised DP for another public purpose, such land shall be available as per revised DP reservation for public purpose.

# Where public parking lots have been handed over to the municipal corporation after development by getting approval of cooperation, such sites be shown as existing public parking lot.

Koliwada, Gaothans and Adivasi padas

# Residents of Koliwada/Gaothans and Adivasi padas in the city had recently stated that most of their villages/land have not been marked in the DP as the Centre and the state are trying to facilitate changes in the Coastal Regulation Zone (CRZ) notification, 2011. The CRZ rules place restrictions on construction along the tideline and shoreline.

But the notification on DP-2034, has stated that wherever the boundaries of Gaothan/Koliwada/Adivasi pada are not shown on the DP will be considered as and when it is finalised by the state Revenue Department.

“These areas were not shown in the DP as the process to mark these regions is still on,” said a senior BMC official.

With ENS inputs