MUMBAI: The BMC general body on Thursday passed a resolution saying the civic authority should stay construction of any residential project if a builder refuses to sell flats on grounds of caste, religion or food preferences.

BJP, which is part of the ruling alliance at the civic body, was left isolated on the issue, indicating how parties are ganging up against BJP and its traditional vote-bank. The resolution introduced by the Maharashtra Navnirman Sena, was supported by Shiv Sena , BJP’s partner, Congress and SP.

“Many developers in the city refuse to sell flats to buyers who eat non-vegetarian food. Even though flats are available for sale, developers refuse only because the buyer is of a specific caste, religion or a non-vegetarian. The BMC should immediately stay the commencement certificate and intimation of disapproval, two documents necessary to start and continue construction of a building, to such developers,” said MNS corporator Sandeep Deshpande , who moved the notice of motion without naming any community.

“The BMC should amend the development control rules to give relief to non-vegetarians,” the corporator told TOI, adding: “Most developers don’t refuse to sell on record, which makes it difficult for a prospective buyer to complain.”

Deshpande’s move sparked a ruckus in the general body meeting, with Sena, Congress and SP members seconding the resolution and BJP opposing it. The mayor took a poll by show of hands and declared that the resolution had passed with majority (see box). The resolution will now be forwarded to the municipal commissioner for further remarks, said a corporator.

Thursday’s resolution seems to be more an act of political posturing than an act of conviction. A senior BMC official said it is not necessary that the commissioner put the resolution into action. “The municipal commissioner can reject the resolution or keep it on hold for the time being or if he wishes, he can clear it and forward it to the state government for further action,” said the officer.

Legal experts agree that the resolution is not binding on the municipal commissioner. “The BMC Act as well as the Maharashtra Regional Town Planning Act give the commissioner sweeping powers to put conditions in the IOD or commencement certificate issued to a builder. But this is a discretionary power and the commissioner is not bound to do it even if a resolution to that effect is passed by the corporators,” said IPS officer-turned-lawyer Y P Singh.

The resolution, even if cleared, is likely to run into the BJP state government, pointed out experts.

After the resolution, parties vented. “There should not be any discrimination in the city. There should be a debate on the issue of development and not on issues which would lead to divisions in the community,” said Manoj Kotak, BJP leader in the BMC.

Shiv Sena leader Yashodhar Phanse hit back, saying even his party colleague and corporator Arvind Dudhvadkar had been refused a flat because he is non-vegetarian. Samajwadi Party leader Rais Shaikh said the city is known for its cosmopolitan culture and everything should be done to preserve it.

In 2005, the Supreme Court on a petition by a Zoroastrian cooperative housing society upheld a bye-law that allowed rent or sale of flats only to members of a particular religion or community. The ruling has since emerged as the yardstick in dealing with most community-based cooperative housing disputes.

Advocate Jamshed Mistry said a rule that prohibits discrimination is unlikely to fall foul of the law. “Why should anyone be discriminated against on the basis of their diet? The Constitution provides equality before law,” he added.

Perhaps a better way forward on the issue could be in the hands of the state government, which has the power to make and change laws. “If the state wants, it can bring changes in the Maharashtra Ownership of Flats Act or the Cooperative Societies Act or the DC rules to ban any discrimination on the basis of caste, religion or eating habits while selling flats,” said Y P Singh.

(With inputs from Shibu Thomas)

