No cluster development minus impact study: Court

Congress-NCP government may not launch clusters before poll code of conduct

Maharashtra’s ambitious cluster development project is likely to be further delayed because the state, where Assembly elections are expected in October, will have to cross some legal hurdles before the scheme can be implemented in Mumbai and 15 other cities.

Responding to a public interest litigation, Bombay High Court said in an interim order on Monday cluster development will be allowed only after civic bodies in the 16 cities conduct impact-assessment studies to see if the cities have the wherewithal to accommodate the additional burden.

The cluster development policy proposes four floor space index (FSI) for the planned development of a locality with the redevelopment of old buildings. The policy envisages reconstruction or redevelopment of any building that is older than 30 years. Further, a project can be started with the approval of 70 per cent of land owners. Earlier, this was 100 per cent.

To regain the lost ground in the last general election, the Congress-Nationalist Congress Party government in Maharashtra is looking to launch the policy ahead of the announcement of code of conduct for the Assembly polls. However, in the wake of the high court order, things might not go as planned. A senior minister, who did not wish to be named, told Business Standard: “It won't be possible as the high court has asked the government to file its additional affidavit on impact assessment study. The next hearing is on August 21.” The minister said cluster development will be permitted on a minimum area of 4,000 sq mt in south Mumbai, and 10,000 sq mt in suburbs.

Anand Gupta, spokesman, Builders Association of India, said the state government should, by framing a law, ensure that the owner, tenant and local self government join the project. “Once it is done, the government will have to simultaneously design roads, pavements, sewerage and storm water lines by charging a premium to the respective landlords and developers for obtaining the four FSI.”