No action against errant realtors: BMC

Despite demands from several corporators that the rules be changed for taking action against developers who are allegedly denying flats to buyers on the basis of their eating habits, the Brihanmumbai Municipal Corporation (BMC) has again expressed its reluctance to do so. Any conditions denying municipal permissions to such errant developers will not be included in its Development Control (DC) rules, said the civic body.

The DC rules cannot be changed as they are technical in nature, said the civic officials, making it clear that the civic body will not intervene in such cases.

In the backdrop of reports of flats being refused by some builders to those who consumed non-vegetarian food, MNS group leader Sandeep Deshpande had demanded that the BMC should not issue intimation of disapproval (IOD), commencement certificate (CC) and water connection to such developers. An IOD is an approval of civil plans, while the CC authorises a developer to undertake the construction.

Explaining the civic body’s decision, a senior civic official, on the condition of anonymity said, “The DC rules are based on technical issues and it would not be correct to include these suggestions in them or in conditions for approving the construction project.”

As these projects are on private land, the BMC building proposal department can only check their technical aspects, he added.

Reacting strongly to the civic body’s stand, Mr Deshpande alleged that the municipal commissioner is trying to protect developers from a particular community by not agreeing to change the DP rules.

“If the BMC rules do not have such provision, a law should be made in this regard. But the civic chief is only making excuses to favour Gujarati builders on this issue,” he said.

The civic administration had earlier, in August, turned down the proposal, saying it does not have any provision in its rules to do so. The civic improvements committee then sent back the proposal to the DC department, asking it to change its rules to incorporate the corporators’ suggestions.

Many corporators have demanded that necessary changes be made in the Section 337 of BMC Act 1988, or in the DC regulation, which is currently under revision to act against people who are discriminating on the basis of eating habits, caste or religion. They had also suggested other measures like allocation of flats through lottery and collection of domicile certificate of 15 years from the buyer while buying a flat in a new building to prevent such practices.

Section 337 of BMC Act 1988 deals with the developers seeking permission from the civic body for erecting a building specifying its various details.

However, the demands of the corporators have been rejected by the civic body.