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Apex court allows Maharashtra to pull down old buildings

Legal Correspondent

New Delhi: The Supreme Court has permitted the Maharashtra government to demolish 16,502 old and dilapidated buildings, constructed in congested lanes of Mumbai prior to 1940, to pave the way for new high-rise structures coming up.

A Bench consisting of Justices Arijit Pasayat and P. Sathasivam upheld the Development Control Rule 33 (7) as amended in 1999 and set aside the limitations on Floor Space Index and other restrictions imposed by the Bombay High Court.

Corporation survey

Writing the judgment, Justice Pasayat pointed out that according to a 1980-81 Mumbai Corporation survey, 30,237 buildings would have crossed their lifespan by 1996. The Kerkar Committee report also said a vast majority of the buildings would have to be reconstructed.

The Bench noted that according to a report of the Development Plan for Greater Bombay, 5,82,200 tenements were required to house the natural growth of the population. “In 1991, nearly 73 per cent of the population [living in such buildings] occupied one-room tenements — vertical slums; 18 per cent lived in two-room flats. This meant that more than 90 per cent lived in small areas. Those occupying large areas constitute only 2.7 per cent. Between 1961 and 1991, the number of households increased to 20,88,000, most of which are only of 100-120 sqft. It is thus clear that the policy [to demolish old buildings] is to enhance the quality of life of those living in such poor conditions.”

The High Court, acting on public interest petitions, had upheld Rule 33 (7) (which provided for reconstruction of old buildings) but said it would apply only to dilapidated buildings.

Allowing a batch of appeals against this judgment, the Supreme Court said the High Court was not justified in reading additional requirements into DCR 33(7) after holding the same valid. There was congestion, apart from pressure on infrastructure such as sewerage, water and transport. Moreover, fire safety requirements could not be adhered to in the cramped areas. The Bench agreed with the Maharashtra Housing and Area Development Authority’s stand that under the DC regulation, houses with a minimum 225 sqft would be provided free of cost to all tenants in these pre-1940 buildings and that builders would be entitled to construct extra FSI as an incentive.

The Bench said the policy was to enhance the quality of life of those living in such poor conditions by increasing the living space to nearly double.

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