After the Supreme Court came to the rescue of the harrowed residents of the Campa Cola Compound in the eleventh hour by staying the demolition, the state government is now trying to find a way to regularise the unauthorised flats.

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The state government is planning to request the Centre to bring an amendment in the Environment and Forest Act, 2011.

“That can save the buildings from the hammer,” said a senior state government official.

“If the Union Ministry of Environment and Forests (MoEF) makes an amendment in its said notification, then the Development Control Rule (DCR) 1991 will be applicable here, not the DCR 1967. That means the free of floor space index (FSI) and fungible FSI can be used to regularise the illegal floors,” said a senior government official, requesting anonymity. He said the Campa Cola Compound falls under the Coastal Regulation Zone II.

“As per the DCR 1967, the developers or housing societies have neither been allowed to use the free of FSI nor the fungible FSI. The transfer of development right (TDR) has also been prohibited in the  CRZ II. Therefore, these illegal floors can not be regularised even though the residents are ready to pay the fees and the fine,” said a senior civic official

However, as per DCR 1991, regularisation can be done by paying a fee and fine. The buildings at Campa Cola Compound were constructed in the 1980s, but they have not given the occupancy certificate. “If the Occupancy Certificate is given now, then DCR 1991 will be applicable, not the DCR 1967,” said the official.

As per the clause of 8 (V), i (III) of the MoEF 2011 notification, in CRZ II,  the development or redevelopment shall continue to be under taken in accordance with norms laid down in the Town and Country Planning regulation as they existed on the date of the issue of the notification dated February 19th, 1991, unless specified otherwise”.

Officials of the state urban planning development department told dna that while modifying the MoEF 2011 notification, the environment ministry has to delete ‘the given date February 19th, 1991’.

“That exercise will lift the restrictions of using free of FSI and fungible FSI as well. This move will benefit another buildings falling in the CRZ II. We are preparing a draft and will send it shortly,” said another civic official.

Moreover, most of the bureaucrats feel that this emerging amendment is the possible option to legalise the floors of the Campa Cola Compound buildings.

“Issuing of an ordinance will set a wrong precedent. We cannot issue the ordinance for a few buildings in Mumbai. Majority of the structures in and around Mumbai are illegally constructed. So, we have to legalise them also,” he pointed out.

WHAT IS FSIFSI is the ratio of permissible built-up area vis-à-vis the land size. For example, if the land size is 1,000 sq ft and if the FSI granted is 2, then one can construct twice the plot size, i.e. 2,000 sq ft.

Anything over this is either illegal, or requires special permission from the civic authority.

Previously, developers were allowed to use up to 35% extra FSI in residential projects for balcony space, flower beds and such. The Brihanmumbai Municipal Corporation (BMC) now charges a premium for the use of this space – termed as fungible FSI – in line with the market rate.