Introduction
The city of Mumbai is filled with ancient structures of neo-classical design/art deco structures which probably are the city’s last connection with its glorious past. In such a scenario, it becomes necessary to preserve this past and all things associated with it. However, there is also a need to redevelop/repair certain old structures.
To strike a balance between these two seemingly conflicting objectives, R. 67 of the Development Control Regulations for Greater Mumbai (DC Regulations) provide for the conversion of listed buildings, areas, artefacts, structures and precincts of historical and/or aesthetical/architectural/cultural value. These structures are known as “heritage buildings and heritage precincts”. A precinct generally means a space which has formal or artificial boundary lines around it. Thus, it is like an imaginary carved out area. Mumbai is the first city in India to get heritage protection.
The State Government comes out with a List of such structures and they are known as Listed Buildings/ Heritage Buildings and Listed Precincts/Heritage Precincts. The List divides the structures into three Grades—Grade I, Grade II and Grade III with Grade I being the most important and valuable.
Development/Redevelopment/Repairs of Heritage Buildings/Precincts
Carrying out any of the following activities in relation to heritage buildings/precincts requires the prior permission of the BMC Commissioner:
• Development/redevelopment
• Engineering operation • Additions/alterations/repairs/renovation
• Painting of buildings, replacement of special features
• Demolition of whole or part or plastering of the structure
The BMC Commissioner would consult the Heritage Conservation Committee of the State Government for this purpose. He has powers to overrule the Committee’s recommendations in exceptional cases. The Heritage Conservation Committee and the BMC have often been at loggerheads on several issues and the matters have gone to Court, for instance, hoardings on heritage buildings and precincts was the subject matter of dispute in the case of Dr. Anahita Pandole vs. State, 2004(6) Bom. CR.246. Hoardings in Heritage Precincts have also been the subject of other litigations, such as, Mass Holdings P Ltd vs. MCGM, 2006(1) AIR Bom. 658.
If there are any religious buildings in the List, then any changes required on religious grounds which are mentioned in any sacred texts or as a part of any holy practices shall be treated as permissible. However, they must be in consonance and in accordance with the original structure and architecture, designs, aesthetics and special features.
The above restrictions apply only to Grade I and Grade II heritage buildings.
Changes in Regulations
After consulting the Heritage Committee and with the State Government’s approval, the BMC Commissioner can alter, modify or relax the DC Regulations if it is needed for the conservation, preservation or retention of the historical, aesthetical, cultural or architectural quality of the Heritage Buildings/ Precincts. However, before carrying out any such modifications, he must hear out any persons who will suffer undue loss due to such changes.
Heritage TDR
If any application for development is refused/modified under R. 67, and such act results in depriving the owner/lessee of any unconsumed FSI, then the aggrieved shall be compensated by the grant of a Development Rights Certificate (also known as “Heritage TDR”). TDR from heritage buildings in the island city (that is, up to Mahim) may also be consumed in the same ward in which it originated. The TDR Certificate shall be governed by R. 34 and Appendix VIIA of the DC Regulations.
Before granting the TDR, the Commissioner would determine the extent to which it is required after consulting the Heritage Committee and it requires the prior sanction of the Government.
Restrictions on Heritage Structures Structures must maintain the skyline in the precinct as may be existing in the surrounding area so as not to diminish or destroy the value and beauty of the said listed Heritage Buildings. For instance, a 40-storey tower would look out of place in a group of heritage structures, all of which are 2-3 storeys tall. The tower would spoil the entire skyline of such an area. The BMC has issued Notification No. DCR. 1090/3197/(RDP)/UD-11 dated 25-04-1995 for the height of buildings in A Ward. The height after reconstruction must be limited to the existing height of the buildings of similar age in the area. Even a new building must conform to the general height pattern. In the case of listed heritage buildings and in the case of all buildings within the Fort precinct, clearance is required from the Heritage Committee. However, this restriction does not apply to the Backbay Reclamation Blocks area. Restrictive covenants imposed by the
State/BPT/Collector/BMC, etc., shall be in addition to the conditions of R. 67. However, if there is any conflict, then R. 67 shall prevail. Non-cessed buildings included in the List must be repaired by their owners/lessees and cessed buildings can be repaired by the MHADA/co-operative society/owner/ occupiers.
Grading
Grading of buildings in the List into I, II and III are carried out. Listing does not prevent change or ownership or usage. Care must be taken to ensure that the development permission relating to these buildings is given without delay. The Grading and various conditions for each Grade are as follows:
