‘NO PREMIUM ON FSI-FREE AREAS ON REHAB UNITS OF MHADA COLONIES’

MUMBAI: Holding that no premium is payable on floor space index (Fsi)-free areas like staircase lobby, lift lobby of rehabilitation components in the redevelopment of Maharashtra Housing and Area Development Authority (Mhada) colonies for economically weaker sections (EWS), low-income group (LIG) and middle-income group (MIG) categories, the Bombay high court on Friday directed the Brihanmumbai Municipal Corporation (BMC) to refund ₹27 crore accepted by the civic body from a city developer towards premium.

The division bench of justices RD Dhanuka and Madhav Jamdar passed the order on a petition filed by the developer, SD Corporation, which is redeveloping Samta Nagar colony at Kandivli (East) that is spread over 2,13,867 square meters area, comprising 165 buildings of 65 cooperative housing societies.

The developer had moved HC in 2016 after deputy chief engineer of BMC’S building’s proposal department rejected their plea for exemption from payment of premium on certain Fsi-free areas in terms of Regulation 33(10) and some other provisions of the development control regulations (DCR) for Mumbai.

HC held that the developer was not liable to pay the premium. “Clause 6 of Regulation 33(5) begins with a non-obstante clause which makes it clear that notwithstanding anything contained in DCR, the relaxation incorporated in Regulation 33(10) shall apply to the housing schemes under Regulation 33(5) for construction of tenements under EWS or LIG and MIG categories,” said the bench.