Re-development with increased fsi
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 14 September 2014
This query is : Resolved
According to my understanding the meaning of the word “redevelopment” in Maharashtra and in Mumbai in particular, is demolition of an old building (mostly 2 or 3 storied buildings with no lift) and construction in its place of a brand new building (mostly multi-storied with lift) in its place without or with increase in floor space. No increase in floor-space will be available if FSI could not be increased. The existing members may get new flats of the same floor area as their old flats, but they will have to bear the entire cost of redevelopment. If additional FSI becomes available, additional floor-space can be created which can be converted into additional flats and sold to outsiders at market rates. Thus the cost of re-development can be partially or entirely financed, with less or no cost to original members.
The permitted FSI for the entire Mumbai island is 1.33. But many multi-storied buildings have come up evidently exceeding the FSI of 1.33. How has this been possible? Is there any law or any legal Government Order which permits increase of FSI in specific cases?
ajay sethi
(Expert) 14 September 2014
academic query
Anirudh
(Expert) 14 September 2014
One way in which the increased FSI is possible is by way of purchasing TDRs i.e. Transferable Development Rights. This means, in case somebody else, who has land with FSI can forego utilising the FSI and sell (transfer) it to somebody else. The purchaser can use the same to put up additional FSI.
Apart from that, it is possible, only (as you know yourself) by greasing the palms of the powers that be!
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 September 2014
I agree with Anirudh n further add that the Redevelopment guidelines of 2009 of Maharashtra government are followed. Members need not have to contribut provided they themselves construct.
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 14 September 2014
I am sorry experts what are your definitions of what is academic and say what is practical? How is my question academic? If I want to undertake redevelopment of my Society building and I see other buildings redeveloping all over the city, to whom will I go for advice? Do you want me to go to a professor in a law college or to a practicing lawyer who is advising on redevelopment?
As for TDR I think it is not possible from one locality to another within the island city. It may be possible from the island city to outside the island. I may be wrong. If I grease the palms and get approval my building can get demolished under court order , if found out later. Am I right? Again I tell the experts my question was very much a practical one and not at all academic. I am not preparing for a law examination and my question was not about the meaning of a legal term or a legal phrase. If you not know or if you do not want to answer please allow other experts to answer.
Hemant Agarwal
(Expert) 03 October 2014
WITH proper application of mind, it will become obvious that "a law college professor .OR. a practicing lawyer" is NOT required for conducting redevelopment of Society building.
WITH "FURTHER" proper application of mind, it will become obvious that a "Project Management Consultant" (PMC), is the ONLY competent professional who can take care of the modalities of redevelopment.
Keep Smiling .... Hemant Agarwal
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