Buildings blatantly gobble up setback areas Several societies use beautification as an excuse to hold on to the extra 300-500 sqft ‘Antilia’

Buildings blatantly gobble up setback areas

Several societies use beautification as an excuse to hold on to the extra 300-500 sqft

Mukesh Ambani’s ‘Antilia’ is not the only property from whose owner the BMC will never be able to reclaim the setback area for its routine and crucial road-widening projects. In fact, over a 100 buildings in the Bandra, Khar and Santa Cruz (W) (H-west) areas alone have cleverly brushed the setback area under their carpets, albeit in the name of beautification. Though the handing over of the setback area also entitles the buildings to getting the occupation certificate and the Transfer of Development Rights (TDR), the transfer of land takes place only on paper, and in reality the buildings end up retaining the actual space with them. “In several cases, housing societies or building owners have created a green patch on the setback area without even constructing a compound wall, clearly indicating their intention to gobble up the extra 300-500 square feet,” said Tushar Aphale of the Maharashtra Navnirman Sena (H-west ward). In a letter to the municipal commissioner, Aphale has requested him to survey all such encroaching buildings and haul them up, so that they don’t have to struggle when widening is underway. Citing the example of a recently-built road at Bandstand, he added that it could not be widened as the setback area could not be reclaimed by the BMC. While admitting to the flaws in the system, development and planning (DP) department officials expressed their inability to implement the law in practical situations. “The buildings that have beautified the said space would make a hue and cry about destroying greenery,” said a civic official. Chairperson Aftab Siddique of Advanced Locality Management (ALM-144) in Khar (W) said the road-widening couldn’t be taken up on 33rd Road due to trees in the setback area, which the developer was eyeing for his commercial use, of course with help from top civic officials. “When the budget for the road work remained unused for long, the sanctioned project was revoked, thus leaving the residents with a congested road as before,” said Siddique, who has slapped a notice on the BMC citing gross violation of development rules in allowing the developer to go ahead with construction on land, including the setback area.