Mhada Information Booklet English Chap-9 3s6p9

CHAPTER-9

MUMBAI BUILDING REPAIRS & RECONSTRUCTION BOARD HISTORY : 1968

: Appointment of Bedekar Committee

1969

: M.B.R. & R. Act ed.

1971

: M.B.R & R Board working started

5.12.1977 :

MHADA - BH & ADB.

November 1992

:

M.B.R & R Board.

To deal with the problems of collapse of old and cessed buildings in island city of Mumbai, Mumbai Building Repair and Reconstruction Act was ed in 1969 by Government of Maharashtra and taken over the entire responsibility to carry out structural repairs of old and cessed buildings, if it is beyond economical structural repair, the same to be undertaken for reconstruction. The jurisdiction of the said work is restricted to Municipal Wards A to ward G. The said Act were ed in order to protect residents of these buildings from loss of life and their property. Subsequently the said Act was merged with Maharashtra Housing & Area Development Act -1976 in the year Dec.1977. Earlier the said activities were assigned to Mumbai Housing & Area Development Board under Chapter -VIII of the MHAD Act- 1976, but later on Mumbai Housing and Area Development Board divided in three different Boards in November 1992 under the provision of section -18 of this Act which are as under : (i) Mumbai Housing & Area Development Board (ii) Mumbai Slum Improvement Board (iii) Mumbai Building Repair and Reconstruction Board. M.B.R & R Board has been assigned to perform the duties of carrying out structural repairs of old and cessed buildings and reconstruction of old building by following procedure laid down under chapter VIII and VIII 'A' of the MHAD Act 1976. As per the provision of MHADA Act 1976 under section 82 the levy of repair and reconstruction cess are made applicable to buildings which are described as under:

S Sr. No.

Category of Bldg.

Year of Construction

Number of cessed Buildings

Number cessed buildings present.

1 1.

2 "A"

3 Prior to September 1940

4 16,502

5 12868

2

"B"

1,489

1169

3.

"C"

Between 1.9.1940 to 31.12.1950 1.1.1951 to 30.9.1969

1,651

1058

19,642

14,995

TOTAL

of at

The Board shall exercise its powers and perform its duties and functions under this Chapter VIII & VIII A subject to the superintendence, direction and control of the Authority. Subject to the provisions of this Chapter, it shall be the duty of the Board – (a) To undertake and carry out structural repairs to buildings, in such order of priority as the Board, having regard to the exigencies of the case and availability of resources, considers necessary, without recovering any expenses thereof from the owners or occupiers of such buildings; (b) To provide temporary or alternative accommodation to the occupiers of any such building, when repairs thereto are undertaken or a building collapses; (c) To undertake, from time to time the work of ordinary and tenantable repairs in respect of all premises placed at the disposal of the Board; (d) To move the State Government to acquire old and dilapidated buildings and which are, in the opinion of the Board, beyond repairs; and to reconstruct or to get reconstructed new buildings thereon for the purpose of housing as many occupiers of those properties as possible, and for providing alternative accommodation to other affected occupiers; (e) To move the State government to acquire old and dilapidated buildings and which were once structurally repaired by the Board, but in respect of which further structural repairs are not, in the opinion of the Board possible or economical, and to reconstruct or to get reconstructed (on demolishing existing buildings) new buildings hereon for the purpose of housing as many occupiers of those properties as possible, and for providing alternative accommodation to other affected occupiers; (f) Having regard to the exigencies of the case and availability of resources, to construct or to get constructed through an approved agency, transit camps with a view to providing temporary accommodation to persons affected by house collapse, fire, torrential rain or tempest in its area of operation ; (g) To take action for demolition of dangerous and dilapidated buildings or portions thereof, which are not capable of being repaired at reasonable expense and thereby save human lives; (h) With the prior approval of the Authority, to do all other things to facilitate the carrying out its powers, duties and functions provided by or under this Act. FUND PROVISION: There are 19,642 old buildings in the Island City of Mumbai which are subject to levy of repair cess. Their structural repairs and, if necessary reconstruction are the statutory responsibilities of the Mumbai Buildings Repairs and Reconstruction Board, which it discharges under the control and supervision of the MHADA. The expenditure on structural repairs, reconstruction and other related schemes and activities is met from the Mumbai Building Repairs & Reconstruction fund created by the accruals of cess, statutory

and contributions from the State Government, statutory contributions from the Mumbai Municipal corporation, rent and services charges recovered from the allottees, miscellaneous receipts, deposits and borrowing from financial institutions if required. The scheme provides only for structural repair upto a limit of Rs.2000/- per square meter of built-up area of the building unless the occupants are prepared to bear the additional cost. The landlord and /or the occupants can also undertake such repairs with the concurrence of the Board, which reimburses the cost upto the prescribed ceiling on expenditure. CHANGES IN CEILING LIMIT OF REPAIR WORKS : The ceiling limit for structural repair works has been enhanced from time to time by Government considering increasing in the rates of constructional materials and labour wages as per the details given below : -----------------------------------------------------------------------------------------------------Sr.No.

Year

Rate of repair per sq.m.

------------------------------------------------------------------------------------------------------1)

1969 to 31.3.74

Rs.75 per sq.m.

2)

1.4.74 to 30.9.80

Rs.120 per s.m.

3)

1.10.80 to 14.8.83

Rs.200 per sq.m.

4)

15.8.83 to 31.12.86

Rs.300 per sq.m.

5)

1.1.87 to 10.5.92

Rs.500 per sq.m.

6)

11.5.92 to 14.5.98

Rs.750 per sq.m.

7)

15.8.98 to 28.3.2004

Rs.1000 per sq.m.

8)

29.3.2004 to 15.09.2008

Rs.1200 per sq.m.

9)

16.09.2009 til today

Rs.2000 per sq.m.

-------------------------------------------------------------------------------------------------------RECONSTRUCTION OF OLD AND CESSED BUILDINGS: The permissible ceiling limit for carrying out structural Repairs is Rs.2000- per sq.m. built-up area of the building. If the cost of structural repairs exceeds to Rs.2000/- per sq.meter and tenants/landlords agree to bear the excess cost of Repair, then the building can be undertaken for its repair. Otherwise the same building is declared under section 883A of MHADA Act 1976 and proposed for reconstruction being beyond the "Economical Repairs". Under the above circumstances, the building declared under 88-3A by Board and examined with the possibility of combined "Draft Scheme" under section 88-3B considering he other buildings situated in the same premises.

If the proposal is found technically viable, then the buildings acquired and undertaken for reconstruction under these circumstances the tenants of this building temporarily shifted to Board,s transit camp tenements and rehoused them when the new building is ready for occupation as per usual procedure of MHADA. As per the present policy of MHADA, the tenants are allotted atleast the tenements having 300 sq.ft. carpet area / area occupied by tenants or maximum area allowed to be given is 750 sq.ft. carpet area. As far as the non-residential tenements are concerned, the area occupied by them in original building are only allowed to be given to them in new building. At present 4.00 FSI is being used for reconstruction of new building. In case of building does not reconstructed due to DC Rule/reservation or any other reason, the tenants of the respective buildings which are staying in transit camp or elsewhere ar taken on the "Master List" being maintained by M.B.R.&R.Board and they are considered for allotment of tenement in new constructed building when additional tenements available in any other schemes being executed by M.B.R.&R.Board. SALIENT FEATURES OF THE REDEVELOPMENT OF OLD AND CESSED BUILDING: 1. In case of redevelopment of 'A' category cessed buildings (constructed before 1940) undertaken by the landlord or Cooperative Housing societies of landlord or occupiers, the total FSI shall be 3.00 of the gross plot area, OR the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI, whichever is higher, (instead of the earlier policy, of 2 or consumed FSI). Under the new policy the developer is assured of at least 50% FSI for free sale. Also the policy enables rehabilitation of all occupants on the same plot, reducing social dislocation. 2. Self contained flats of minimum 27.88 Sq.mts. and maximum 70.00 Sq.mts. carpet area will be given to the old residential tenants/occupants. Shopkeepers will be given an area equivalent to their old area. In case of residential tenements having more than 70 Sq.mts. carpet area the actual carpet area shall be considered for rehab only & incentive will not be issible for area over 70 Sq.mts. The tenant / occupant will be required to pay construction cost for area over 70 Sq.mts. as may be decided by Government time to time. 3. Previously, no additional FSI was granted in case of 'B' category cessed buildings only normal FSI of 1.33 was granted. Now the permissible FSI shall be the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI. 4. As per the permissible FSI, stated above, will depend upon the number of occupiers and the actual area occupied by them, no new tenancy created after 13..06.1996 shall be taken into , while computing the permissible FSI. Similarly tenants in unauthorized constructions made in the cessed buildings shall not be taken into while computing permissible FSI, i.e. the total no.of tenants/occupants should not increase after 13.06.1996. The responsibility for rehousing such tenants whose tenancy may have been created after 13.06.1996 or who stay in unauthorized construction will lie solely with the NOC holder.

5. Though some buildings may belong to 'C' category (may not belong to 'A' or B' categories), they may be so dilapidated and dangerous that their reconstruction is most urgently necessary to this end, the Government has granted additional incentive FSI as per Point No.1 above for redevelopment of buildings of any category declared as dangerous, prior to monsoon of 1997. 6. A large number of old properties can be better developed by clubbing them together instead of developing each property separately. This will lead to lesser congestion and better infrastructure such as internal roads, open spaces, etc. To encourage the composite redevelopment of several cessed properties, the Government has granted an incentive FSI for composite redevelopment. The special concessions in FSI are shown below for the composite or t redevelopment of A,B or C category cessed buildings.

No.of plots propsoed for

FSI permissible

composite redevelopment a) One plots

:

3.00, or FSI required for rehabilitation of existing occupiers plus 50% incentive FSI whichever is higher.

b) 2 to 5 plots

:

3.00, or FSI required for rehabilitation of existing occupiers plus 60% incentive FSI whichever is higher.

c) 6 or more plots

:

3.00, or FSI required for rehabilitation of existing occupiers plus 70% incentive FSI whichever is higher.

7. In some cases, it may not be possible to utilize the entire permissible FSI on the same plot, because of height restrictions, fire-safety regulations, etc. In such cases, the developer is entitled to avail the benefit of “Transferable Development Rights” (TDR), to be used in the suburbs or extended suburbs in accordance with the relevant regulations of DCR 1991, for Greater Mumbai. This provision ensures that the scheme remains feasible even where the incentive FSI cannot be fully utilized on the same plot. 8. In case of Heritage buildings in Grade III and precincts, no permission of the Municipal Commissioner or Heritage Conservation Committee is now necessary, if the height of the buildings does not exceed 24 meters (excluding stilt).

9.

All these modifications and incentives mentioned in Government gazette notification dated 25.01.1999 will not be applicable to the areas which are affected by the Coastal Regulation Zone (CRZ) notification issued by Ministry of Environment and Forest, Government of India vide notification dated 19th February 1991, and orders issued from time to time.

10.

The Built-up area and number of tenements to be surrendered to M.B.R & R. Board are as per Schedule -III of MHADA Act 1976.

PROVISION FOR SUMMARY EVICTION: Under section 95-A (2) of amended MHAD Act, in case at least 70% of the occupants have given their consent for the redevelopment scheme, but a few remaining occupants obstruct the scheme and refuse to vacate the old premises, they are liable for summary eviction in order to facilitate the redevelopment scheme. FACILITY PROPOSALS:

TO

MODIFY

THE

EXISTING

REDEVELOPMENT

The above incentives in FSI are offered not only to fresh proposals, but also to the existing proposals. Housing societies of Landlords or Occupiers may convert their earlier proposals in accordance with the above modified regulations provided the redevelopment scheme is in progress and has not been completed. i.e. where full occupation certificate is not granted. However, this additional FSI is subject to submission of a Licensed Structural Engineer's certificate for structural stability, to the effect that the building is designed to take the additional load for constructing additional FSI, if granted, and certifying the feasibility for structural modifications, i.e. it should be feasible to convert the tenements earlier proposed with 180 sq.ft. carpet area into tenements of 225 sq.ft. carpet area. Thus, the higher FSI does not automatically become permissible in cases where construction is already under way as per old plans, unless a provision was made in the plans, foundation, etc. for subsequently increasing the area of rooms or the number of floors, without endangering the structural stability and safety of the buildings. TRANSIT CAMPS: It is mandatory for the Board to provide transit accommodation to the occupants of building which have collapsed or been rendered unsafe for habitation or which are required to be reconstructed and also to such occupants of buildings under repairs who need to be shifted temporarily. The Board, therefore, construct transit tenements. The Board also undertakes repair work of reconstructed Building as follows; 1)

Special Repairs of Reconstructed Buildings (SRRDB)

2)

Current Repairs of Reconstructed Buildings (CRRDB)

The tenements in reconstructed buildings have been allotted on rental basis. Their special and current repairs are the responsibility of the Board. 1)

Special Repairs of Transit Tenements (SRTT)

2)

Current Repairs of Transit tenements (CRTT)

The transit tenements are allotted on a rental basis, their ownership remaining with MHADA. As in case of tenements in reconstructed buildings, the Board undertakes the special and current repairs of transit tenements. Mumbai Building Repair and Reconstruction Board had constructed transit tenements in Mumbai city and Suburban area at 56 different scheme location which has total 17784+153(NR) transit tenements. The information of transit camp is given in Annexure-A. The cumulative achievement for the structural repairs works carried out and tenements reconstructed upto the end of March 2008 as well as proposed targets for the structural repair works and reconstruction of tenements for the current financial year 20102011 is given in Annexure-B, & the information about casualties, injuries of residents while incident of minor/major collapses of cessed building took place is given in Annexure-C. As per the usual procedure, the Board carries out pre-monsoon survey of old and cessed buildings in Island City Mumbai every year prior to onset monsoon to locate the dangerous buildings. During the pre-monsoon survey of Year 2009 the dangerous buildings were located and declared by Board, from the different Wards, the list of the same is given in Annexure-D. *******

Annexure-A Details of Transit Camps under M.B.R.& R. Board (Scheme wise)As on 31.3.2011

S Sr. No

Name of Transit Camp

1 2

Cuffe Parade, Colaba Fishermen Colony, Mahim

3 Bandra (E) Bandra Reclamation, Bandra (W)

4 5 5 6 6 7 7 8 8

Nirmal Nagar, Khar (E) Jaicoach, Goregaon (New Bahumajali) Patliputra Nagar, Oshiwara, Jogeshwari (Old) Oshiwara, Jogeshwari (New)

9 9 1 10 11 12 13 14 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.

Unnat Nagar, Goregaon Siddharth Nagar, Goregaon Siddharth Nagar, Goregaon (Multistoried) (New) Mahavir Nagar, Kandivali Malvani (New) Malvani (Old) [Mumbai Board] Gorai Road, Borivali (W) (192+240 T/s) Gorai Road, Borivali (W) (328 T/s) Gorai Road, Borivali (W) (80 T/s) Magathane, Borivali (E) (320 T/s) Magathane, Borivali (E) (240 T/s) Magathane, Borivali (E) (230 T/s) Magathane, Borivali (E) (96 T/s) Magathane, Borivali (E) (52 T/s) Shailendra Nagar, Dahisar (E) (81 T/s) Shailendra Nagar, Dahisar (E) (320 T/s) Jijamata Nagar, Kalachowky (F/S) Dyaneshwar Nagar,

No. Building

No. of Chwals

No. of T/s.

No.of Shops/ Stall

Total

32

--

476

14

490

3

--

200

--

200

Demolishe d

Demolis hed

Demoli shed

Demolished

Demoli shed

--

50

400

--

400

2

--

80

--

80

17

--

906

34

940

Demolishe d

Demolis hed

Demoli shed

Demolished

Demoli shed

5

--

200

--

200

--

16

128

--

128

--

24

376

--

376

2

--

80

--

80

5

--

300

--

300

--

2

20

--

20

--

24

376

--

376

6

--

208

--

208

12

--

312

--

312

1

--

80

--

80

4

--

320

--

320

--

2

80

--

80

--

14

142

--

142

2

--

96

--

96

--

7

52

--

52

--

8

81

--

81

--

1

8

--

08

2

--

244

--

244

1

2

160

--

160

27.

Sewree (FS) Sion Camp Multistoried No.1 (New)

28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56.

Sion Camp No.2 Sion New Bldg. T Type Sion Old Multistoried Building Gr.+7 floor Sion Old Multistoried Building Gr.+ 4 floor Sion Old Multistoried Building Gr.+7 floor (Marketing) Sion - A type (Chawls) Sion -C type (Chawls) Sion -D type (Chawls) Total Subhash Nagar, Chembur (New & Old) Mankhurd (New) PMGP Mankhurd (Old) Pant Nagar, Ghatkopar Naidu Colony Pant Nagar, Ghatkopar (Multistoried) Naidu Colony Canara Engineering, Ghatkopar Tagor Nagar (Chawl) [Mumbai Board] Kannamwar Nagar, Vikhroli (E) (Multistoried) (1105 T/s) Kannamwar Nagar, Vikhroli (E) (880 T/s) Kannamwar Nagar, Vikhroli (E) (Chawl) (180 T/s) Antop Hill, Wadala, Multistoried Old (9A) Antop Hill, Wadala, (Chawl) Wadala Multistoried, New (6A+8B) Wadala Multistoried, New (7 ABC) Dharavi (Old) Dharavi (New) Bharat Nagar, Bandra Mulund, Gavanpada (E) Vinoba Bhave Nagar, Kurla (W) M. P. Mill Compound, Tardeo [Mumbai Board] Peru Compound, Lalbaug. (F/S) Total =

Demolis hed Demolis hed 67

Demoli shed Demoli shed --

Demo lished Demo lished 3679

Demolishe d Demolishe d 115

Demo lished Demo lished 3794

12

--

1120

--

1120

5

--

395

--

395

5

--

--

--

127

---89

8 5 18 31

160 078 144 5703

---115

160 078 144 5818

10

--

400

--

400

4 Demolis hed

-Demoli shed

192 Demo lished

-Demolishe d

192 Demo lished

--

49

336

--

336

2

--

160

--

160

--

5

33

--

33

--

22

56

--

56

38

--

1073

--

1073

11

--

880

--

880

--

17

177

--

177

1

--

125

--

125

--

58

474

--

474

2

--

256

--

256

1

--

273

--

273

-5 38 -

14 ----

476 440 712 496

-----

476 440 712 496

13

--

552

--

552

3

--

168

--

168

16

--

126

--

126

326

385

18696

163

18859

Annexure-B

Statment showing the Reconstruction/ repair out of Dilapidated buildings in island city of Mumbai upto 31st March 2012 & proposed work programme of Repair / Reconstruction work for the year 2012-2013.

Item

Total Repair works

Work in Progress

Remarks

Total Reconstruct ion scheme

Total Reconstructed Tenements

Achievem ent during the year 2012-13

1397

531

1 Schemes

20 T/s

Works

works

Work in Progress as on 31.3.2011

Total Achievem ent from inception to March 2010

26204

866

works

Proposed works in the year 2011-12

1068 Works

455 Bldgs.

works

Work in Progress as on 31.3.2012

386

------

1 Schemes

13620 Bldgs.

(Target)

works

34346 T/s

(941 Old Bldgs.)

112 T/s

Annexure-C Accident of cessed buildings YEAR 1970-71 1971-72 1972-73 1973-74 1974-75 1975-76 1976-77 1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-2000 2000-2001 2001-2002 2002 - 2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 Total

Accident Of Collapse 169 127 112 127 123 107 097 100 089 129 119 135 127 145 122 112 060 064 078 078 125 064 036 042 046 013 036 022 018 016 016 014 018 008 023 015 018 012 25 08 13 42 2850

Persons diedè 25 52 05 03 18 35 17 20 18 42 50 22 28 22 18 75 11 43 05 04 49 15 10 02 32 02 20 03 01 06 06 01 09 02 02 18 03 09 37 01 31 02 774

Persons injured 086 102 068 033 024 055 057 070 046 080 071 060 077 047 050 110 038 075 013 022 044 048 037 017 115 012 022 014 016 018 020 002 025 018 018 039 006 032 43 03 07 17 1757

MUMBAI BUILDING REPAIRS & RECONSTRUCTION BOARD MOST DANGEROUS BUILDING IN THE ISLAND CITY OF MUMUBAI The following cessed buildings have been identified as most dangerous during the PreMonsoon Survey 2012 carried out recently by the Board. Sr. No. 1.

Ward.

Office Address & Telephone Number.

Details of property.

A

Executive Engineer-A Divn,

♦ 144 M. G. Road,

Cuff Parade, Colaba Transit Camp, Mumbai-400 005.

Explanade Mansion.

Tel. No. 22187785. 2.

C -3

Executive Engineer – C Divn.

586 Jaggnath Shankarsheth Road.

10-12 Rupa Lane, Chandanwadi, Mumbai-400 002. Tel. No. 22054235. 3.

D -2

Executive Engineer D-2 Divn.

122 Khetwadi Back Road

4.

D -2

89-95 Rajni Mahal Bldg. Ist floor, Opp. A.C. Market, Tardeo, Mumbai -34. Tel No.25533060

31-33 Dr. Deshmukh Lane

5.

E-1

Executive Engineer E-1 Divn.,

♦ 299-C Botawala Chawl, Rambhau Bhogale Marg.

6

E-1

Bldg.No.24, Ground floor, Abhyudaya Nagar,Kalachowki Mumbai-400 034.

♦ 299-D Botawala Chawl, Rambhau Bhogale Marg.

Tel No. 24705582 7

E-2

Executive Engineer E-2 Divn.,

21. Temkar Street, Patel Chamber

Bldg.No.24, Ground floor, 8.

E-1

Abhyudaya Nagar,Kalachowki

59 Kamathipura 3rd Lane.

Mumbai-400 034. Tel No. 24705582

Note : ♦ Buildings are the buildings declared dangerous during last year & included in this year.