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Mumbai real estate: 5 locations that have restrictions on construction of property projects

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Mumbai real estate: 5 locations that have restrictions on construction of property projects
Construction is prohibited in a number of Mumbai neighbourhoods because of defence installations or environmental regulations.

Recently, the listed real estate developer Godrej Properties Limited (GPL) made headlines when defence authorities objected to a housing project that the company was working on in Mumbai and ordered that building stop. The Godrej Reserve project had been flagged by the defence authorities due to its proximity to the Central Ordinance Depot (COD) complex in Kandivali.

The Godrej project is not the only one in Mumbai that has come under fire from the military. Construction has been restricted in a number of Mumbai neighbourhoods because of the proximity of aviation signalling radars or defence sites. Environmental limitations also apply in certain situations, particularly in coastal control zones (CRZ).

The Kandivali project issue with Godrej Properties
Since Godrej Properties’ project was situated 500 metres from the Kandivali region, the defence ministry requested a “stop work notice” against it in a letter to the Mumbai civic body, popularly known as Brihanmumbai Municipal Corporation (BMC).

Construction of up to four storeys (ground plus three) is only allowed within a distance of 100 to 500 metres after receiving a no objection certificate for the same from the defence department, according to a note from the defence authorities to BMC. Construction within 500 metres of an army establishment’s perimeter wall without a notice of intent from the defence department is prohibited by the current regulation, as outlined in the rules.

The memo had stated, “Therefore, the construction by the private builder is an unmistakable violation of Government orders/guidelines and is therefore illegal.”

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The reply from Godrej Properties
GPL has asserted that it has not received any correspondence from relevant authorities indicating any instances of non-compliance on its behalf.

“We would want to state that we have not heard from any relevant body pointing out any instances of our non-compliance. As a responsible developer, we only start projects after receiving the required approvals from the relevant authorities. We have obtained the necessary permissions from the relevant authorities for the development of the project, including Godrej Reserve, and we are certain that all project-related permits are complete,” GPL stated in a May 24 filing with the Bombay Stock Exchange (BSE).

Mumbai neighbourhoods where building activity is restricted

As per the rules issued by the Indian government in May 2011, construction operations are prohibited within a radius of 100 metres surrounding the perimeter wall of the Defence Establishment.

Moreover, building up to four stories (ground plus three) can only be done if the Defence Department grants a No Objection Certificate (NOC) and the project is located within a 100–500 metre radius.

Malad and Kandivali
Because of the close proximity of the Defence Authorities’ Central Ordnance Depot (COD) to the Kandivali and Malad neighbourhoods, there are height limits in the area. Due to these limitations, developers who work in these locations are likewise unable to redevelop a number of older buildings.

Juhu
In the Juhu neighbourhood of Mumbai, redevelopment projects or the renovation of historic structures valued at approximately ₹20,000 crore have been stalled or have not begun due to restrictions imposed by the Defence Authorities.

Over 20,000 families in Mumbai’s Juhu neighbourhood are represented by the Juhu Wireless Affected Residents Association (JWARA), which has written to the Mumbai Civic Body, also known as the Brihanmumbai Municipal Corporation (BMC), requesting redevelopment approvals that have been pending for nearly 20 years.

Dahisar
According to BMC officials, the new development height limitations for a 2-km radius surrounding the Dahisar toll naka region in Mumbai have been in effect from January 2021, as mandated by the Airports Authority of India (AAI).

As a result, the maximum height of buildings has been reduced, which has an effect on the development of new and renovated apartments. fresh advancements in specific areas. Real estate developers operating in the vicinity claim that these height limitations are preventing projects with a potential value of about ₹7,000 crore from moving forward.

Colaba and Ghatkopar
There were prohibitions on building within 50 yards of extremely sensitive installations, enforced by the Indian Navy. The Defence authorities still need to grant a NOC for these projects. According to local officials, “the fallout of this is that we are not issuing permissions to developers for construction in the vicinity of the Indian Navy establishment.”

Mahim
There are many construction restrictions in effect as a result of Coastal Regulations Zone (CRZ) rules, particularly in areas that are close to the sea. The purpose of the CRZ regulations is to safeguard the environment and coastal ecology. But There have occasionally been modifications because the city’s efforts to rebuild its older structures have been impeded.

The proximity of Mumbai’s Mahim and Charni Road to the sea has hindered the construction or redevelopment of some older buildings.

According to a civic official, “The Central government had a year ago issued several relaxations on CRZ regulations after which redevelopment has picked up pace in areas of South Mumbai and Central Mumbai.”

What legal experts have to say about this
Legal experts say that relocating the inhabitants or loosening the laws is the only option to address the problem of stalled redevelopment projects.

I wouldn’t argue that everything is hopeless and that there is no progress being made. However, there are a few instances where the redevelopment of historic buildings is impacted. We must acknowledge that national interests are at stake when it comes to matters of defence and aviation. Furthermore, these terms are not new; they have existed for a considerable amount of time, stated Mumbai-based attorney Nilesh Gala.

“Administrative decisions are not subject to court intervention. However, I believe that the federal and state governments can implement a policy for Project Affected People (PAP) units. We can meet with anyone whose redevelopment projects involving old buildings are stalled to see if they can be moved into PAP units. In the end, we must consider the needs of both parties involved as well as national interests.”

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