Controlling illegal buildings: What Mumbai can learn from Ahmedabad

The problem of illegal buildings in Mumbai and their impact on Mumbai’s citizens, organizations, and real estate market is nothing new. In fact, it is as old as the BMC itself. Whether these are the result of corruption and collusion or lack of vigilance of the authorities, the issue has always persisted in India’s financial capital, which is also its most space-challenged city.

However, the problem aggravated from 1995 onwards, when the BMC introduced a slew of new regulations pertaining to development control, floor space index (FSI) and Transfer of Development Rights (TDR.) What followed was a significant increase in violations such as consumption of excessive FSI; construction of more floors than permitted; flouting of coastal regulatory zone (CRZ) and air space regulations; and projects being built without environmental clearances. Yet another common violation is the illegal utilization of open spaces that must mandatorily be maintained around buildings.

Considering that the problem of illegal construction is rampant throughout Greater Mumbai as well as the Kalyan-Dombivali belt, Thane and Ulhasnagar, it is impossible to say where such incidences are the highest. What is certain is that the problem has been more or less kept under control in Navi Mumbai, where CIDCO enforced strict norms on such matters. The rest of the city seems to have been, and continues to be, wide open to the rampant spread of illegal constructions.

The fallout of illegal buildings or constructions on the city is severe. In the first place, residents of such buildings face the constant risk of life disruption and displacement. This is because such buildings are liable to be identified illegal and consequently demolished without much notice. Also, since illegally constructed additional floors are render the entire project structurally unsound.

Because of huge shortage of FSI within Mumbai and its surroundings, illegal constructions are on an inexorable increase. When development clearances and increased FSI are not available, areas which are defined by huge demand for built-up spaces and no supply of new land parcels, illegal buildings are and will always be an unfortunate but logical consequence.

Also, property prices in buildings tend to be lower in illegally constructed buildings. In a city like Mumbai, where astronomically high property prices represent the greatest rift between people and homes, this factor plays a significant role in maintaining demand for any kind of available space.

A building’s overall legality can be verified by the availability of an occupation certificate and original drawings approved by the BMC. However, it is beyond a layperson’s capacity to verify whether the offered space lies within the approved part of a project or is an illegal extension.

Mumbai is not alone when it comes to the plague of illegal structures - most other Indian cities have their share of the problem as well. The notable exceptions are cities where development rules are more flexible and practical, or are enforced with greater strictness. Some of these cities are New Delhi, Hyderabad, Chandigarh and Bangalore. Ahmedabad, which earlier had major issues with FSI violations, clamped down seriously after the earthquake in 1991 and completely overhauled its regulation process. As a result, the incidence of illegal construction in Ahmedabad has reduced considerably.

Anuj Puri is Chairman & Country Head, Jones Lang LaSalle India