City needs new tools to acquire land……Sharad Vyas
Mumbai: A new study suggests that the state needs to develop new tools,guidelines and laws to acquire and develop reserved open spaces.
Presently,the BMC uses the Land Acquisition (LA) Act or the Transfer of Development Rights (TDR) scheme to acquire reserved open spaces.However,TDR cannot be used when spaces are encroached,and the study showed that as much as 81% of undeveloped reserved open space in six municipal wards are encroached.
The BMC is struggling with the LA Act as it puts the liability of rehabilitating squatters and other occupants on the civic body.The corporation,in the absence of adequate available land and tenements,struggles with the process.
Over the past 20 years,the BMC has acquired 13.9% of reserved open plots with the help of TDR,another 2.32% have been taken over under the LA Act,and the slum rehabilitation scheme has resulted in acquisition of only 0.54% plots.The slum scheme cant be used anymore for this purpose as a Bombay high court stay is in force.
No doubt TDR has been the most successful,market-oriented tool,but even it has problems.The government agency plays no rule in the future maintenance of the TDR plot, said a senior BMC official.
While the LA Act has proved expensive and is a slow process,the SRA scheme reduced reservations by as much as 67% on encroached plots.According to the provisions,the BMC must get 33% of the area kept for open space or 500 square metres,whichever is more.Until a year ago,71 SRA schemes were developed on open plots.In them,of a total of 2.22 lakh sq m,86,882 sq m,including 15,756 sq m,was handed to the BMC.
FAILED MECHANISMS
– Transfer of Development Right | Reserved land acquired by giving owner TDR north of plot to resettle PAPs and make profit
– Land Acquistion | LA enables compulsory acquisition of private land in exchange for compensation at market value;30% solacium on market value is also paid
– Slum Rehabilitation Authority | SRA resettles slumdwellers by giving BMC 33% of land or 500 sq m,whichever is higher.High court has stayed the practice