‘Change basement parking rule in Mumbai to prevent Wadala-like landslide ’

In the wake of the landslide at a Dosti Realty site in Wadala in June, an activist has filed a public interest litigation in the Bombay high court (HC), challenging an amendment made to the development control regulation (DCR) rules in 2012 to allow multi-level basement parking. The petition stated the amendment allowed Dosti developers to carry out indiscriminate excavation, owing to which the ground around it collapsed. The Bombay high court has sought response from the state and Brihanmumbai Municipal Corporation (BMC).

The earlier DCR rules restricted basement parking to two levels and twice the plinth area. “However, at the behest of the builder lobby, former municipal commissioner Subodh Kumar urged the state government to amend the rules to remove restrictions on area, depth and open space,” lawyer Aditya Pratap for activist Abha Singh told a division bench of justices BR Gavai and MS Karnik.

Pratap said the amendment allowed the developer to not only have upto five floors of basement parking, but also utilise the entire plot for it. “As a result, the developer dug the entire plot, leaving a paltry 1.5-m wall from the adjoining plot. In the Dosti Acres incident, the wall was not reinforced as a result of which when rainwater percolated the ground, the mud below Llyod Estate driveway got dislodged and the landslide occurred,” submitted Pratap. He urged the court to direct the state to revisit the amendment to DCR 38 (9) and rectify the inherent flaws, as “failure to do so would weaken the base of the buildings and have a catastrophic impact on the residents”.

The matter will be heard after three weeks.

First Published: Aug 21, 2018 00:48 IST