Dayanand's World

ALL ABOUT FSI & TDR I. Introduction Real estate is a sector which touches almost everyone’s life. This is because everyone has a home and many have an office. One often comes across concepts such as FSI and TDR while dealing with the real estate sector. Further, while dealing with taxation issues connected with real estate, knowledge of these terms is of immense value. The concepts of FSI and TDR are explained in the Development Control Regulations for Greater Bombay, 1991 (“the Regulations”). The Regulations have been framed under the Maharashtra Regional and Town Planning Act, 1966 (“the MRTP Act”). As the name suggests, these Regulations are applicable only for the City and suburbs of Mumbai. The MRTP Act provides for the town planning and the development of land for public purposes within the State of Maharashtra. This Article examines these two very important concepts. II. FSI 2.1 The term FSI means Floor Space Index. FSI has been defined under the Regulations ...

REPAIRS AND RENOVATION OF YOUR FLATS For renovation of your flat, as per section 342 of BMC Act, 1988 (amended till date), the following "tenantable repairs", can be carried out without obtaining permission from the TMC: • Plastering, painting, pointing of your flat • Providing guniting to the structural members or walls • Changing floor tiles • Repairing WC, bath or washing places • Repairing or replacing drainage pipes, taps, manholes and other fittings • Repairing or replacing sanitary, water plumbing or electrical fittings • Replacing the roof with the same material • Replacement of existing water-proofing material of the terrace. The only pre-condition to the above works are: • The original tenantable structure (whether rental or ownership) must be legal. • Though no TMC permission for the above is required, it is advisable to do so under strict supervision of a registered Architect and/ or Structural Engineer The following "tenantable re...

April 16, 2013 1. The Hon. Municipal Commissioner, Thane Municipal Corporation, Thane 2. The Dy District Registrar, Thane City, Thane. 3. The Minister of Co-operation, Govt. of Maharashtra, Mumbai. Sub: SOS - The need and importance of Structural Audit, especially in view of the Mumbra disaster and relating the issue to Saket Complex, Thane. Dear Sirs, Finally waking up to the horrific consequences of illegal constructions, the Maharashtra Government has issued directives to audit structural stability of new as well as old buildings in urban and semi-urban areas in the state. However, this is not the first time that such an order has been issued. In the aftermath of the collapse of a Borivli building, Laxmi Chhaya, in 2007, a structural audit provision was approved by the legislature and included in the building byelaws but was not enforced. Had it been enforced on time, may be, subsequent incidents in Mumbai and Thane would have reduced. Structural Audi...

Co-Operative Societies Act – Amendment of Feb-2013 In October 2012, the Centre had asked state governments to amend their respective State Cooperative Society Act in tune with the Constitution (97th Amendment), 2011 before February 14 of 2013. The Maharashtra Co-operative Societies Act of 1960 has been amended with effect from 16-February-2013. The Act is applicable to 2.47 lakh co-operative bodies all over Maharashtra with an annual turnover of Rs6 lakh crore and a total member strength of 5.50 lakh. Below are the Amendments. 1. Every Member of the Society must attend at least one General Body Meeting (GBM) within a consecutive period of Five years. The Member must utilise minimum level of services at least once in a period of five consecutive years as specified in the Bye-laws of the Society. Failing this such member shall be classified asa non-active member and shall not be entitled to vote. If a non-active member who does not attend at least one meeting of the Gener...

97TH CONSTITUTIONAL AMENDMENT – INJURIOUS TO HEALTH OF HOUSING SOCIETIES The State Cabinet's decision to amend the Maharashtra Co-operative Societies Act, 1960 will affect the functioning of about 90,000 Co-operative Housing Societies in the State. It is stated that the 97th Constitutional Amendment aims at bringing about uniformity across the Indian States/Union Territories and across all Cooperative Sectors in several matters of cooperative law in the wake of new directive principle to promote voluntary formation, autonomous functioning, democratic control and professional management of Co-operative Societies. The constitution and functioning of the Board/Committees of Cooperative Societies is an important aspect in Cooperative Society Law in that context. The Amendments, made in line with the 97th Amendment of the Constitution, aim at giving more freedom and responsibilities to Co-operative Societies, including Co-operative Housing Societies. An ordinance for the same wi...

April 15, 2013 The Hon. Chief Minister, Govt. of Maharashtra, Mantralaya, Mumbai. Dear Sir, Sub: Scrap Town Planning and Development Control Rules The Mumbra building crash in which 74 unfortunate people perished was one of the worst incidents in the history of Maharashtra. The incident has jolted the sensitivities of the people, just like the Delhi Gang Rape incident – as like the attitude of those insensitive and gory rapists in Delhi, in Mumbra the nexus of Politician, Builder, bureaucrats and Police has got thoroughly exposed. On this background, the people of Maharashtra expected that the Govt. will announce a string of measures that will rid the state of this Cancer like Nexus and also curb the growing menace of Illegal constructions. But what is shocking is that post the episode, politicians, who were expected to show some remorse are in fact defending this phenomenon of illegal constructions with impunity. One of them – a leader from your ruling coalition ...