Developers K Mordani Realty have succeeded in taking the number of storeys in this Khar building from the 12 initially approved by the BMC to 20 by using a little-known provision under the Development Control regulation 33 (14).
The provision allows a builder to avail of higher FSI if he constructs free transit tenements for project-affected persons, on the same plot or elsewhere. This is a bounty for builders whose plots in prime localities may not hold a single slum.
Mordani's 6,000 sq ft plot has a construction area of around 60,000 sq ft, which is ten times the plot area, and the builder has shown transit tenements to be a part of the plush tower, where the rate is as high as Rs 60,000 a sq ft on carpet area.
But the builder told TOI these tenements will be built on his land in Jogeshwari and handed over to the SRA. "Rules permit this," said Kamal Mordani. "We wanted higher FSI, so we approached the SRA with fresh plans," he added.
The tower, near Khar Gymkhana, has several duplex and triplex apartments between the fourth and twentieth floors, with a terrace swimming pool. It is believed to be the first such project under this SRA provision in the upmarket Bandra-Khar locality.
Market sources said many builders here plan to follow the same model to get around BMC permissions.
Half-way through the construction, the builder realized he could procure a much larger built-up area on the plot if he approached the SRA. Soon, he received permission to substantially increase the height.
The building is already under the scanner for large-scale violations including utilizing over twice the permissible FSI. FSI defines how much can be built on a plot.
The building plans show how rules have been flouted. Ducts with service slabs are shown as "pooja (prayer) rooms" in the sale drawing. Other ducts are shown as toilets, while a multi-purpose room is shown as a bedroom.
The SRA-approved plans show a fitness centre, a letter box room, an MTNL room, a multi-purpose room and a small transit tenement on the 4th floor. However, a sale agreement shows it as a 1,668 sq ft apartment.
The slum authority also allowed an elevation of 2.25 metres beyond the balcony line. The BMC does not permit an elevation more than .75 metres, which has to be two feet below the floor level so that it cannot be misused.
SRA CEO Nirmalkumar Deshmukh said an inspection team found several violations including the merging of the lift lobby area into adjacent rooms, illegal covering of elevation features, conversion of ducts into toilets and amalgamation of fitness centre and meter room.
"We have asked them to rectify these faults within six months or else the occupation certificate will be withheld," Deshmukh said.
Town planners and architects said it is "incredulous" how such a tall building could be allowed on a narrow plot, which is over one-tenth of an acre. The tower's footprint covers the entire plot, leaving virtually no open space around it.
"This is an example of the systematic destruction of Mumbai, legitimized by laws as weapons of mass destruction enacted by the state government and municipal corporation," said architect and housing activist P K Das. He added, "This build-more syndrome has to be checked forthwith. It is a myth, rather a bluff, that such projects and supporting policies give us more housing that we need, but this certainly leads to the slumming of our city."
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