Stay order: What’s that?
Nov 22, 2006
MUMBAI: The Brihanmumbai Municipal Corporation (BMC) released more than 15 lakh sq ft of TDR to some builders for use in the eastern and western suburban corridors during the time the high court had stayed its use in these areas.
Figures procured by this newspaper show that in the eastern suburbs alone, the BMC sanctioned over 10 lakh sq ft while in the western suburbs it was another five to six lakh sq ft of TDR.
Between July, 2004 and November 20, 2006, the court had stayed the use of TDR on construction projects between S V Road and the western express highway in the western suburbs and between LBS Marg and the eastern express highway in the eastern suburbs.
TDR is the development right given as compensation to the owner who surrenders his plot for public use. The owner can then either sell this development right to someone else or himself use it anywhere north of the plot he surrendered for public use. TDR can be used only in the suburbs.
The civic administration claims this TDR may have been released despite the court stay only because the builders were given previous commitment letters by the BMC before the stay came into effect. “Wherever commitment letters were issued by the BMC to owners or developers asking them to purchase TDR before the stay came into effect, they were allowed to use it even after the stay was enforced by the court,” said a senior architect. Hence, a large quantum of TDR was utilised in the corridor areas while the court stay was in force.
But highly placed civic sources alleged that some of these commitment letters could have been manipulated. “They may have been backdated to show that they were issued before the court stay came in July 2004. Some selected builders have benefited. They were helped by an advocate and a retired senior official from the Brihanmumbai Municipal Corporation’s development plan department,” said sources.
So, while many builders could not commence work on their projects falling under the corridor areas during the court stay from July 7, 2004 till November 20, 2006, some developers managed to get the benefit, it is alleged.
“In any case, this is only a matter of academic interest now that the court has dismissed the TDR petition and allowed its use in the corridor areas,” said the source.
URL: http://timesofindia.indiatimes.com/Cities/Mumbai/Stay_order_Whats_that/articleshow/516443.cms