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HC slams BMC for ‘no drastic action' against high-rise despite no fire nod for 15 years, OC for 18 floors
HC slams BMC for ‘no drastic action' against high-rise despite no fire nod for 15 years, OC for 18 floors

Indian Express

timea day ago

  • Indian Express

HC slams BMC for ‘no drastic action' against high-rise despite no fire nod for 15 years, OC for 18 floors

The Bombay High Court on Monday expressed 'shock' over 'glaring' multiple violations, including no fire NOC (no-objection certificate) for the entire building for 15 years and no Occupation Certificate (OC) for nearly half the floors of a 34-storey high-rise in Tardeo in South Mumbai. It slammed the Brihanmumbai Municipal Corporation (BMC) for 'failing to take drastic action' and permitting nearly 50 families to occupy the flats by risking their lives and questioned it for 'complete lawlessness'. The HC asked the flat purchasers and developers why such 'daylight violations' were required to be overlooked in view of the fire incidents in high-rises in the city. The court also sought a response from the civic body as to why water supply and electricity to the building cannot be cut, and questioned the department concerned as to why permission was given to operate lifts in the building. The HC stated that the developer and flat purchasers were occupying the units at their 'own risk' and there shall be civil and criminal liability on them if rights of third parties, including staff and servants, are violated or breached due to such incidents. A division bench of Justices Girish S Kulkarni and Arif S Doctor, while hearing batch of pleas pertaining to the tower of Willingdon View Cooperative Housing Society, Tulsiwadi, Tardeo, noted that the construction was completed in 2010 and the BMC permitted the building to be occupied thereafter without fire NOC for nearly 15 years. The bench expressed 'surprise' after reviewing a BMC joint inspection report highlighting gross violations by developer Satellite Holdings, noting the building only had a part Completion Certificate (CC) from ground to the 16th floor. 'What is further glaring and which would in fact shock our conscience is that floors 17 to 34 have no OC,' the bench noted, adding that the floors were illegally occupied. The HC observed that apart from several illegalities recorded by the BMC, one more illegality was that the entire 34-storey building lacked approval from the Chief Fire Officer (CFO) of the BMC, without which no person can occupy the building. 'We are at a complete loss to understand as to how such illegality and that too with impunity can at all be tolerated by the BMC and as to how there can be resistance on the part of the members/flat purchasers under the garb of any regularization application and more particularly when the developer admittedly has undertaken several unauthorised works including Floor Space Index (FSI) violations,' the bench observed. It noted that flat purchasers were trying to convince the court by seeking a 'complete go-by to the lawful requirements while chanting the routine mantra of regularisation'. The court further stated that compliance with fire safety norms by the CFO for any high-rise was 'non-negotiable' in view of past fatal fire incidents, including Kamla Mills fire, and 'there cannot be relaxation of such norms in any manner whatsoever'. It directed the CFO to file an affidavit on fire safety compliance and violations, and further asked the BMC's building and proposal department to file an affidavit in view of serious doubts raised in 2012 as to whether floors 1 to 16 can actually be said to have any OC. 'In the meantime, we are of the clear opinion that in such a situation, all the land purchasers/members of the society, who in our prima facie opinion are illegally occupying their flats and who actually need to vacate and more particularly those from 17th to 34th floor, shall continue to do (occupy) so at their own risk and consequences,' the HC said, adding they shall not be liable to be compensated by authorities in case of an untoward incident. Posting further hearing to Thursday, the HC said that if the BMC and other authorities respond that such gross illegalities require water and electricity supply to be cut, it would have no alternative but to permit the authorities to take appropriate action.

After Decades of Delay, 320 Model Mill Workers' Families to Finally Get Permanent Homes
After Decades of Delay, 320 Model Mill Workers' Families to Finally Get Permanent Homes

Time of India

time20-06-2025

  • Politics
  • Time of India

After Decades of Delay, 320 Model Mill Workers' Families to Finally Get Permanent Homes

1 2 3 Nagpur: Bringing an end to a decades-long struggle, 320 families residing in the historic Model Mill workers' colony in Ganeshpeth are finally set to receive ownership of permanent homes, thanks to years of persistent follow-up by Union Minister Nitin Gadkari and support from the state govt. The workers' settlement, one of Vidarbha's only mill colonies, has been home to generations of families since the mill's inception. Though efforts for its redevelopment began years ago, the project repeatedly stalled, most significantly during 2007–2012, when the then state govt reduced the Floor Space Index (FSI), shrinking redevelopment scope. Gadkari, along with Chief Minister Devendra Fadnavis and former Mayor Archana Dehankar, relentlessly pursued the issue to secure increased FSI and govt clearance. Following submission of a fresh proposal by the Nagpur Municipal Corporation (NMC), a special govt notification was issued between 2022 and 2024, approving redevelopment on one acre of the 3.16-acre land parcel. Construction for 320 families was sanctioned along with the required FSI enhancement. Recently, the appointed contractor received map approval, setting the stage for the project to begin. "We must get a written commitment from the contractor to finish construction within 22 months. A formal agreement should be signed," Gadkari advised workers' representatives during their meeting to express gratitude. Former Mayor Dehankar was also lauded by the colony's representatives for her two-decade-long support. BJP city president Dayashankar Tiwari, along with local leaders Prithviraj Shambharkar, Mohan Banaith, Deepak Banaith, Keshav Shrote, and others, were present during the meeting. This long-pending rehabilitation, now on firm ground, marks a significant urban justice milestone for one of Nagpur's most neglected working-class communities, as per the families.

Lodha Developers acquires 945 transit camp apartments measuring 3.29 lakh sq ft for ₹567 crore from Arihant in Mumbai
Lodha Developers acquires 945 transit camp apartments measuring 3.29 lakh sq ft for ₹567 crore from Arihant in Mumbai

Hindustan Times

time18-06-2025

  • Business
  • Hindustan Times

Lodha Developers acquires 945 transit camp apartments measuring 3.29 lakh sq ft for ₹567 crore from Arihant in Mumbai

Mumbai-based listed real estate developer Lodha Developers Limited has purchased 945 permanent transit camp (PTC) units, spanning over 3.39 lakh sq ft, from Arihant Construction Company in Mumbai's Mankhurd area for ₹567 crore, according to property registration documents accessed by CRE Matrix. The deal is linked to Lodha's ongoing project in Vikhroli, where, under the Slum Rehabilitation Authority (SRA) scheme, the developer is required to hand over a portion of built-up space to the SRA in exchange for additional construction rights for sale in the open market. Arihant Construction, which is undertaking a slum rehabilitation project in Mankhurd with over 83,000 sq m of free-sale component, is supplying these PTC units. To meet its obligations, Lodha will transfer the acquired units to the SRA. The documents show that the transaction forms part of a larger deal involving the transfer of free sale Floor Space Index (FSI) under the Development Control and Promotion Regulations (DCPR) 2034. Transit camp units are temporary housing accommodations provided to people, typically slum dwellers or tenants, who are displaced due to redevelopment projects, especially under slum rehabilitation or infrastructure development schemes. Slum Rehabilitation Authority (SRA) scheme is a government initiative aimed at redeveloping slum areas in Mumbai by providing free, permanent housing to eligible slum dwellers while allowing private developers to construct and sell residential/commercial units for profit on the remaining land The agreement allows Lodha to integrate the acquired Floor Space Index (FSI) into its own Vikhroli project, enabling the use of Arihant's free sale rights to develop residential and amenity spaces within the township. The transaction was registered on June 3, 2025, with a stamp duty of ₹34.02 crore and registration fees of ₹30,000 paid. Also Read: Maharashtra Tribunal backs homebuyers, orders Lodha Group to register portion of New Cuffe Parade Project with MahaRERA According to the documents, the arrangement falls under Regulation 33(11) of the DCPR 2034, which permits the clubbing of FSI between schemes for integrated development. This provision allows developers to transfer and utilise unused FSI from one project to another, a mechanism commonly used in redevelopment and slum rehabilitation projects across Mumbai. An email query has been sent to Lodha Developers Limited. If a response is received, the story will be updated. Arihant Construction Company could not be reached for comment. The company announced in a regulatory filing that it would rebrand from Macrotech Developers Limited to Lodha Developers Limited, effective June 16. Also Read: Macrotech Developers rebrands company's name to Lodha Developers Limited The company said that Abhishek Lodha-led firm Macrotech Developers Ltd received approval from the Registrar of Companies to change the name almost two months after settling the trademark dispute with the younger brother, who owns House of Abhinandan Lodha. They had settled the dispute on April 14. Also Read: Lodha Group eyes growth in Bengaluru with five new projects in FY2026 According to the agreement reached between the two brothers, listed entity Macrotech Developers Ltd is the owner of and has the exclusive right to use the brand names 'Lodha' and 'Lodha Group'. Abhinandan Lodha is the owner of and has the exclusive right to use the brand name 'House of Abhinandan Lodha'. Lodha Group and 'House of Abhinandan Lodha' have no connection with each other, and both entities decided to communicate this widely, they said in a statement.

Maharashtra Housing Policy 2025 offers major benefits for senior living buyers; Stamp duty reduced to flat ₹1,000
Maharashtra Housing Policy 2025 offers major benefits for senior living buyers; Stamp duty reduced to flat ₹1,000

Hindustan Times

time29-05-2025

  • Business
  • Hindustan Times

Maharashtra Housing Policy 2025 offers major benefits for senior living buyers; Stamp duty reduced to flat ₹1,000

The Maharashtra government has finalised the Housing Policy 2025, introducing significant incentives for senior living housing projects. Under the new policy, stamp duty for buyers of such properties has been reduced to a flat ₹1,000, down from the current 5% to 7% of the property's value, depending on the location. In addition to the reduced stamp duty, the government will offer property tax concessions for owners of senior living homes. Developers of these projects will also benefit from various tax relaxations and enhanced Floor Space Index (FSI) allowances. This is Maharashtra's first comprehensive housing policy in nearly two decades. Announced last week, it addresses modern housing concepts such as senior citizen housing and student accommodation, aiming to promote inclusive and future-ready urban development. As part of the Maharashtra Housing Policy 2025, the state government plans to redevelop ageing and dilapidated old-age homes and orphanages located on government land. These facilities will be upgraded and integrated with senior citizen housing projects to better accommodate the growing elderly population. According to the policy, Maharashtra's elderly population accounted for around 10% of the total as per the 2011 Census, higher than the national average. This figure is projected to rise significantly, reaching 17% by 2036. The policy also highlights a shift in social structure, noting that joint families are increasingly giving way to nuclear households, creating a greater demand for independent senior living facilities. The government sees this redevelopment as a crucial step toward addressing the evolving housing and care needs of the elderly. Also Read: Maharashtra approves new housing policy after nearly two decades: 5 key highlights According to market sources, leading real estate developers such as Rustomjee Group and Dosti Realty are preparing to launch dedicated senior living housing projects in Maharashtra in the coming months. To promote this segment, the Maharashtra government, under its Unified Development Control and Promotion Regulations (UDCPR), has introduced a separate category for senior citizen housing or retirement homes. These guidelines are part of the recently announced Maharashtra Housing Policy 2025, which aims to foster inclusive and age-friendly urban development. These measures aim to attract private investment into the senior housing sector while ensuring that the needs of elderly residents are met through thoughtful planning and infrastructure. Also Read: Dharavi redevelopment project gets a push as master plan receives Maharashtra government's approval Real estate developers have welcomed the Maharashtra government's new housing policy, particularly the relaxations and incentives for senior and student housing. They see the move as a progressive step toward addressing the evolving housing needs of specific demographic groups while encouraging private sector participation in these emerging segments. 'Addressing the growing demand for elderly-friendly housing is the need of the hour, and the Maharashtra government's new housing policy has a special mention of this. These actions will help the growth of senior living projects by making development more viable and attractive. Our understanding is that these policy reforms will benefit senior living housing projects in Maharashtra and set a benchmark through thoughtfully designed and well-supported developments," said Anuj Goradia, director of Mumbai-based Dosti Realty. Also Read: Rustomjee Group plans to launch senior living and plotted development projects: Boman Irani The apex body of real estate developers, CREDAI-MCHI, has also welcomed the policy.

Bengaluru floods: Karnataka may ban basement parking in flood-prone areas; Experts flag higher costs, design challenges
Bengaluru floods: Karnataka may ban basement parking in flood-prone areas; Experts flag higher costs, design challenges

Hindustan Times

time23-05-2025

  • Business
  • Hindustan Times

Bengaluru floods: Karnataka may ban basement parking in flood-prone areas; Experts flag higher costs, design challenges

Karnataka is considering a ban on basement parking in flood-prone zones of Bengaluru to improve resilience against urban flooding. While real estate experts agree the move could help mitigate waterlogging risks, they caution it may lead to higher construction costs and design limitations for developers. 'While the idea of banning basements is sound from a flood-resilience standpoint, it's unclear whether it will be viable in the long run,' said an urban expert. Basements typically cost twice as much to construct as ground floors. However, replacing basement parking with additional floors above ground may drive up costs even further, due to the need for extended plumbing, elevator systems, and electrical infrastructure. Additionally, such changes could reduce the efficient use of Floor Space Index (FSI), affecting project feasibility, they say. After the recent flooding in Bengaluru, which claimed the lives of two men while they were pumping water out of a basement in BTM Layout, Karnataka deputy chief minister D.K. Shivakumar announced that the state government is considering a ban on basement parking in low-lying and flood-prone areas. "I am taking a policy decision that wherever there is a low-lying area, we will not allow underground parking facilities in future. We will allow them to build parking spaces at a higher level," he told reporters while on his visit to assess the flood situation across the city. "There is an idea to plan a way to park vehicles on the ground floor, instead of underground. Let people build houses on top of that," he said. This comes amid relentless rainfall that has crippled Bengaluru in recent days, with heavy downpours triggering widespread waterlogging and flooding across the city. From upscale residential areas to major tech corridors, the rains have laid bare the city's fragile infrastructure and poor drainage systems, sparking serious concerns over urban planning and real estate development in flood-prone zones. Also Read: Bengaluru floods: Was the city's Maharaja-era drainage system more effective and in sync with nature? Experts say that eliminating basements may not significantly reduce construction depth. In many cases, foundations still need to be dug to around 6 metres, depending on soil conditions and structural requirements, potentially increasing overall construction costs. 'When a basement is part of the plan, excavation is already accounted for, and since the space is used for parking, there's no need for soil refilling—this offsets some of the construction cost,' said Abhay Gupta, structural consultant. 'Without a basement, however, the excavated area must be refilled entirely, which adds to expenses,' he explained. Experts also noted that basements often cover more area than the actual building footprint, as Bengaluru permits construction up to 2 metres from the boundary wall. "In contrast, ground-level or stilt parking is limited to the building footprint, which restricts capacity. In many cases, a single basement with that extra width can offer the equivalent parking capacity of 2.5 to 3 floor levels," Sarang Kulkarni, managing director, Descon Ventures, said. While basements are typically more expensive to construct, often costing twice as much as a ground floor, adding extra floors to compensate for lost parking can further drive up construction costs due to additional plumbing, elevator, and electrical requirements. 'From a cost standpoint, avoiding basement excavation may seem beneficial,' said Sarang Kulkarni. 'However, this is offset by the reduced ability to fully utilize the Floor Space Index (FSI), which directly affects land value.' FSI, or Floor Space Index, is a key urban planning metric that defines the maximum permissible built-up area on a given plot, effectively determining how many floors can be constructed. Banning basement parking in commercial or retail developments could create significant challenges, experts say. 'Ground-floor space is prime real estate for retail. Without basement parking, that space must be repurposed for vehicles, leaving developers with two choices: build a multi-level car park with retail on the ground floor or position retail between parking levels and office floors above,' said Sarang Kulkarni, Managing Director of Descon Ventures. 'Both options increase the building's overall height.' However, height restrictions—especially in areas near airspace and defence zones like Koramangala, Indiranagar, and North Bengaluru—limit vertical expansion. 'If developers can't utilise the full permissible Floor Space Index (FSI) due to these restrictions, it leads to suboptimal land use. While the basement ban may boost flood resilience, its long-term viability remains uncertain,' Kulkarni said. In contrast, cities like Hyderabad, where FSI limits are more relaxed, allow greater design flexibility. Developers there often allocate the ground and first floors for retail, the second for parking, and the upper floors for office use, creating more efficient mixed-use developments. Also Read: 'Does the area flood?' Bengaluru homebuyers and investors now have fresh real estate worry Experts believe aesthetic concerns about visible parking on lower levels can be addressed, especially in residential projects, by drawing inspiration from global cities. In places like New York, buildings often feature grand ground-floor lobbies and use façade elements such as vertical gardens to screen parking areas. However, construction methods significantly impact feasibility. 'In high-rise residential projects, the Mivan formwork system—known for its speed, monolithic concrete walls, and reduced labour—is commonly used above ground,' said Sarang Kulkarni. 'Basements, however, typically require traditional beam-and-column structures to facilitate vehicle movement, which Mivan isn't suited for due to its continuous wall design.' If parking shifts above ground, developers must blend traditional construction with Mivan formwork, potentially increasing timelines and costs. Another key concern is building height. 'If a project has a 60-metre height cap and 15 metres are used for above-ground parking, only 45 metres remain for residential units. This could reduce the number of floors, affect developer revenues and pushing up apartment prices,' Kulkarni noted. While multi-level parking structures are a possible workaround, they often sacrifice green or open spaces. Experts also warn that property values in low-lying or flood-prone areas could decline, as developers may avoid these zones due to the added challenges of parking and drainage constraints. Experts suggest podium-level construction as a potential solution. Developers can build a raised concrete podium with a sealed, box-like structure beneath it for parking. Ramps can connect this podium to the basement, preventing groundwater seepage while preserving the advantages of underground parking. 'In cities like Mumbai, developers are sometimes granted additional height allowances when basements are used for parking,' said Gupta. 'On larger plots, basement areas can extend beyond the building's footprint, offering more flexibility and capacity—something that's difficult to achieve with stilt or above-ground parking due to zoning restrictions.'

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