Mumbai: BMC Chief Challenges SRA's Development Permissions, Seeks State Intervention

Mumbai: BMC Chief Challenges SRA's Development Permissions, Seeks State Intervention

The Slum Rehabilitation Authority (SRA) is encroaching on BMC's jurisdiction as the planning authority, accused the municipal commissioner Bhushan Gagrani in a letter sent to the chief executive officer (CEO) of SRA this month.

FPJ News ServiceUpdated: Friday, June 21, 2024, 10:56 PM IST
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BMC | File pic

Mumbai: The Slum Rehabilitation Authority (SRA) is encroaching on BMC's jurisdiction as the planning authority, accused the municipal commissioner Bhushan Gagrani in a letter sent to the chief executive officer (CEO) of SRA this month. Gagrani has now taken the matter to the state's Urban development department (UDD).

Gagrani states, "The Development Plan and Development Control And Promotions Regulations (DCPR) 2034 is applicable for issuing permissions to Planning Authority BMC and SRA. There is no separate regulation formulated by the SRA for the jurisdiction of their areas. The SRA’s act of issuing development permissions beyond its jurisdiction as a Planning Authority violates the Maharashtra Regional and Town Planning (MRTP) Act, 1966. It is also bad in law and encroaching upon the powers of the BMC as a Planning Authority."

"SRA is only authorized to grant permissions under Regulation 33(10) for slum redevelopment and Regulation 33(11) for constructing permanent transit camps. It is observed that in some of the cases, SRA is issuing development permissions under other regulations such as 33(12)(B), 33(19), etc., which does not attract the provisions of the Slum Act. Such permissions are issued with the benefit of relaxation at par with provision of Regulation 33(10)(6) of the Development Control Promotion Regulation (DCPR) 2034, either independently or in combination with other regulations," stated the letter.

"There is provision under Regulation 30(A)(12) regarding the development of plots under various regulations subject to specific conditions. Provisions also exist for combining various schemes or proposals under DCPR 2034, as mentioned in the respective regulations. However, issuing such permissions, independently or in combination, falls only under BMC's jurisdiction as per the MRTP Act, 1966," said Gagrani.

The letter says that recent approvals forwarded by the SRA to the BMC either for concurrence or other purposes reveal several instances where the DCPR 2034 provisions were ignored or violated. In his letter, Gagrani requested SRA to direct the concerned SRA officials to immediately take action on the same and stop issuing such permissions which are beyond SRA's jurisdiction. Any such permissions which are already granted should be withdrawn to avoid further legal complications in the future. Gagrani said, "The BMC has already requested UDD on this issue."

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