New Development Control Regulations say the owner of a plot reserved for a recreation ground or a playground can construct on 30% of the land while utilising the full FSI of the entire plot

BMC has hit upon a scheme that will cost it less money, but could end up costing the city heavily in terms of open spaces. Already choking with a growing concrete jungle and shrinking green pockets, Mumbai now stands to lose nearly a third of all proposed open spaces if the civic body goes ahead with a newly introduced clause in the draft Development Control Regulations (DCR) 2034.



Civic officials said the new DCR clause has been introduced to enable the BMC to get the remaining 70 per cent for free. File Pic/Bipin Kokate

The contentious clause states that in case of a plot reserved for recreational grounds and playgrounds (RG/PG), the builder can keep 30% for construction and give BMC the remaining 70%. The builder will be allowed to build on his area with the FSI of the full plot — leading to vertical development — while the BMC will get a free open space in return.



The city stands to lose nearly a third of proposed open spaces, thanks to the new rule in the draft DCR 2034. File pic for Representation

In the past, the BMC would often find it tough to acquire land for a recreation ground or playground. Since it is mandatory to reserve a certain amount of area under the open spaces policy, the plot owners would take advantage of this and often demand more money.

"It was observed in the previous Development Plans that when a private plot would be reserved for a recreation ground or a playground, the owner would ask the BMC for a higher price and go to court. The litigation would go on for years. And with the new land acquisition laws in place, owners have to be compensated several times. In order to find a solution to this lengthy process, we have come up with this provision," informed a highly placed civic official.

It’s not hard to see the advantage for the BMC in this arrangement, but open space activists are fuming, since this will chop down on 30% of all new open spaces, even though the BMC had promised to go green this time. The civic body has already gone back on its promise of no construction inside RG/PG by allowing 15% construction on private open spaces. It had also faced flak in the last DCR for reserving less open space per capita.

The DCR are the guidelines that regulate construction in the city. A lot rides on these rules since they decide the direction of the real estate market in the upcoming years. The BMC is coming out with its draft of the DCR 2034 in parts, with nine chapters and a road survey already released. The objective is to allow people time to submit their suggestions and objections to each of them.

Three more chapters on FSI, open space and parking are yet to be released.

Activists upset

Pankaj Joshi, executive director of the Urban Design Research Institute (UDRI), criticised this provision. "If the BMC could not implement the previous DCRs, that is not the citizens’ fault. Why should we compromise on open space? If they are so concerned about the implementation of the DCR, they should reserve more amenity plots. As it is, the open space per capita is low in Mumbai. Why only 70%? Citizens should get access to the entire plot and other accommodation reservations can be kept separate."

Civic activist Shyama Kulkarni said, "If they allow a builder to construct on 30% of the plot, what if he constructs a gymkhana on it? Then even the remaining open space will be used exclusively by members of that gymkhana. The whole point of it will be lost."