Although the state government has implemented the much-needed cluster scheme in various cities, including Mira-Bhayandar, the process of procuring Urban Land Ceiling (ULC) clearances for the redevelopment of old and rickety buildings continues to remain a time-consuming and herculean task for residents.
Legislator Geeta Jain, who raised the contentious issue in the ongoing winter session of the state assembly in Nagpur, stated that the cluster scheme is a boon for every city. However, hundreds of buildings in the twin-city that have been in existence since the gram panchayat regime face difficulties in obtaining documents like ULC clearances to initiate the process. This situation prompts residents to risk their lives by staying in old buildings.
Slow process of ULC clearances poses hurdles
Jain emphasised, “The onus of procuring ULC clearances, which is a much-needed document for the transfer of land, rests on the shoulders of the concerned builder. However, in several cases, neither the builder is traceable nor is there a mechanism in place for the handover process of ULC-flats. As a result, housing societies are facing the brunt. The government should simplify the process in the larger interests of people who are forced to live in rickety buildings.”
Jain has been advocating for a single-window clearance system for documents and clearances related to conveyance, deemed conveyance, the entry of housing societies' names in the 7/12 land records, Non-Agricultural (NA), ULC, plan passing with new Unified Development Control and Promotion Regulations (UDCPR), and other society work. This is to ensure a simplified and time-bound process in the entire Mumbai Metropolitan Region.
Most of the old and dilapidated structures are on small plots that have already consumed a Floor Space Index (FSI) of more than four, making redevelopment options difficult and non-viable under the existing permission norms. The non-availability of ULC clearances further compounds the difficulties.
What is ULCRA?
Passed in 1976, the Urban Land (Ceiling & Regulation) Act-ULCRA aimed to prevent profiteering through massive land hoarding and to create affordable housing for the weaker section. While any individual could hold land not more than 500 sq.mt, the Act mandated developers to hand over 5 per cent of the flats or surrender surplus land for public housing. Around 1,022 schemes had been sanctioned under section 20 of the ULCRA in revenue villages, including Bhayandar, Khari, Goddev, Navghar, Mire, Mahajanwadi, Penkarpada, Kashi, Ghodbunder, and Versave that fall under the limits of the Mira Bhayandar Municipal Corporation.
Although ULCRA was scrapped in 2008, developers and landowners still cannot escape liability for surrendering their excess land. While scores of developers have not bothered to hand over possession of flats in completed projects built on land that falls under the act, some blame it on the absence of an official mechanism required to hand over the reserved units.
