CHAPTER-9

MUMBAI BUILDING REPAIRS & RECONSTRUCTION BOARD

HISTORY :
1968 : Appointment of Bedekar Committee
1969 : M.B.R. & R. Act passed.
1971 : M.B.R & R Board working started
5.12.1977 : MHADA - BH & ADB.
November 1992 : M.B.R & R Board.
To deal with the problems of collapse of old and cessed buildings in island city of
Mumbai, Mumbai Building Repair and Reconstruction Act was passed in 1969 by
Government of Maharashtra and taken over the entire responsibility to carry out structural
repairs of old and cessed buildings, if it is beyond economical structural repair, the same to
be undertaken for reconstruction. The jurisdiction of the said work is restricted to
Municipal Wards A to ward G. The said Act were passed in order to protect residents of
these buildings from loss of life and their property. Subsequently the said Act was merged
with Maharashtra Housing & Area Development Act -1976 in the year Dec.1977. Earlier
the said activities were assigned to Mumbai Housing & Area Development Board under
Chapter -VIII of the MHAD Act- 1976, but later on Mumbai Housing and Area
Development Board divided in three different Boards in November 1992 under the
provision of section -18 of this Act which are as under :
(i) Mumbai Housing & Area Development Board
(ii) Mumbai Slum Improvement Board
(iii) Mumbai Building Repair and Reconstruction Board.
M.B.R & R Board has been assigned to perform the duties of carrying out structural
repairs of old and cessed buildings and reconstruction of old building by following
procedure laid down under chapter VIII and VIII 'A' of the MHAD Act 1976.
As per the provision of MHADA Act 1976 under section 82 the levy of repair and
reconstruction cess are made applicable to buildings which are described as under:
S Category Year of Construction Number Number of
Sr. of Bldg. of cessed cessed
No. Buildings buildings at
present.
1 2 3 4 5
1. "A" Prior to September 1940 16,502 12868
2 "B" Between 1.9.1940 to 1,489 1169
31.12.1950
3. "C" 1.1.1951 to 30.9.1969 1,651 1058
TOTAL 19,642 14,995
 The Board shall exercise its powers and perform its duties and functions
under this Chapter VIII & VIII A subject to the superintendence, direction and control of
the Authority.
Subject to the provisions of this Chapter, it shall be the duty of the Board –
(a) To undertake and carry out structural repairs to buildings, in such order of
priority as the Board, having regard to the exigencies of the case and availability of
resources, considers necessary, without recovering any expenses thereof from the owners
or occupiers of such buildings;
(b) To provide temporary or alternative accommodation to the occupiers of any
such building, when repairs thereto are undertaken or a building collapses;
(c) To undertake, from time to time the work of ordinary and tenantable repairs in
respect of all premises placed at the disposal of the Board;
(d) To move the State Government to acquire old and dilapidated buildings and
which are, in the opinion of the Board, beyond repairs; and to reconstruct or to get
reconstructed new buildings thereon for the purpose of housing as many occupiers of
those properties as possible, and for providing alternative accommodation to other affected
occupiers;
(e) To move the State government to acquire old and dilapidated buildings and
which were once structurally repaired by the Board, but in respect of which further
structural repairs are not, in the opinion of the Board possible or economical, and to
reconstruct or to get reconstructed (on demolishing existing buildings) new buildings
hereon for the purpose of housing as many occupiers of those properties as possible, and
for providing alternative accommodation to other affected occupiers;
(f) Having regard to the exigencies of the case and availability of resources, to
construct or to get constructed through an approved agency, transit camps with a view to
providing temporary accommodation to persons affected by house collapse, fire, torrential
rain or tempest in its area of operation ;
(g) To take action for demolition of dangerous and dilapidated buildings or portions
thereof, which are not capable of being repaired at reasonable expense and thereby save
human lives;
(h) With the prior approval of the Authority, to do all other things to facilitate the
carrying out its powers, duties and functions provided by or under this Act.

FUND PROVISION:
There are 19,642 old buildings in the Island City of Mumbai which are subject to
levy of repair cess. Their structural repairs and, if necessary reconstruction are the
statutory responsibilities of the Mumbai Buildings Repairs and Reconstruction Board,
which it discharges under the control and supervision of the MHADA. The expenditure on
structural repairs, reconstruction and other related schemes and activities is met from the
Mumbai Building Repairs & Reconstruction fund created by the accruals of cess, statutory
and contributions from the State Government, statutory contributions from the Mumbai
Municipal corporation, rent and services charges recovered from the allottees,
miscellaneous receipts, deposits and borrowing from financial institutions if required.

The scheme provides only for structural repair upto a limit of Rs.2000/- per square
meter of built-up area of the building unless the occupants are prepared to bear the
additional cost. The landlord and /or the occupants can also undertake such repairs with
the concurrence of the Board, which reimburses the cost upto the prescribed ceiling on
expenditure.
CHANGES IN CEILING LIMIT OF REPAIR WORKS :
The ceiling limit for structural repair works has been enhanced from time to time by
Government considering increasing in the rates of constructional materials and labour
wages as per the details given below :
------------------------------------------------------------------------------------------------------
Sr.No. Year Rate of repair per sq.m.
-------------------------------------------------------------------------------------------------------
1) 1969 to 31.3.74 Rs.75 per sq.m.
2) 1.4.74 to 30.9.80 Rs.120 per s.m.
3) 1.10.80 to 14.8.83 Rs.200 per sq.m.
4) 15.8.83 to 31.12.86 Rs.300 per sq.m.
5) 1.1.87 to 10.5.92 Rs.500 per sq.m.
6) 11.5.92 to 14.5.98 Rs.750 per sq.m.
7) 15.8.98 to 28.3.2004 Rs.1000 per sq.m.
8) 29.3.2004 to 15.09.2008 Rs.1200 per sq.m.
9) 16.09.2009 til today Rs.2000 per sq.m.
--------------------------------------------------------------------------------------------------------
RECONSTRUCTION OF OLD AND CESSED BUILDINGS:
The permissible ceiling limit for carrying out structural Repairs is Rs.2000- per sq.m.
built-up area of the building. If the cost of structural repairs exceeds to Rs.2000/- per
sq.meter and tenants/landlords agree to bear the excess cost of Repair, then the building
can be undertaken for its repair. Otherwise the same building is declared under section 88-
3A of MHADA Act 1976 and proposed for reconstruction being beyond the "Economical
Repairs".
Under the above circumstances, the building declared under 88-3A by Board and
examined with the possibility of combined "Draft Scheme" under section 88-3B
considering he other buildings situated in the same premises.
 If the proposal is found technically viable, then the buildings acquired and
undertaken for reconstruction under these circumstances the tenants of this building
temporarily shifted to Board,s transit camp tenements and rehoused them when the new
building is ready for occupation as per usual procedure of MHADA.
As per the present policy of MHADA, the tenants are allotted atleast the tenements
having 300 sq.ft. carpet area / area occupied by tenants or maximum area allowed to be
given is 750 sq.ft. carpet area. As far as the non-residential tenements are concerned, the
area occupied by them in original building are only allowed to be given to them in new
building. At present 4.00 FSI is being used for reconstruction of new building.
In case of building does not reconstructed due to DC Rule/reservation or any other
reason, the tenants of the respective buildings which are staying in transit camp or
elsewhere ar taken on the "Master List" being maintained by M.B.R.&R.Board and they
are considered for allotment of tenement in new constructed building when additional
tenements available in any other schemes being executed by M.B.R.&R.Board.
SALIENT FEATURES OF THE REDEVELOPMENT OF OLD AND
CESSED BUILDING:
1. In case of redevelopment of 'A' category cessed buildings (constructed before
1940) undertaken by the landlord or Cooperative Housing societies of landlord or
occupiers, the total FSI shall be 3.00 of the gross plot area, OR the FSI required for
rehabilitation of existing occupiers plus 50% incentive FSI, whichever is higher, (instead
of the earlier policy, of 2 or consumed FSI). Under the new policy the developer is assured
of at least 50% FSI for free sale. Also the policy enables rehabilitation of all occupants on
the same plot, reducing social dislocation.
2. Self contained flats of minimum 27.88 Sq.mts. and maximum 70.00 Sq.mts.
carpet area will be given to the old residential tenants/occupants. Shopkeepers will be
given an area equivalent to their old area. In case of residential tenements having more
than 70 Sq.mts. carpet area the actual carpet area shall be considered for rehab only &
incentive will not be admissible for area over 70 Sq.mts. The tenant / occupant will be
required to pay construction cost for area over 70 Sq.mts. as may be decided by
Government time to time.
3. Previously, no additional FSI was granted in case of 'B' category cessed
buildings only normal FSI of 1.33 was granted. Now the permissible FSI shall be the FSI
required for rehabilitation of existing occupiers plus 50% incentive FSI.
4. As per the permissible FSI, stated above, will depend upon the number of
occupiers and the actual area occupied by them, no new tenancy created after 13..06.1996
shall be taken into account, while computing the permissible FSI. Similarly tenants in
unauthorized constructions made in the cessed buildings shall not be taken into account
while computing permissible FSI, i.e. the total no.of tenants/occupants should not increase
after 13.06.1996. The responsibility for rehousing such tenants whose tenancy may have
been created after 13.06.1996 or who stay in unauthorized construction will lie solely with
the NOC holder.
 5. Though some buildings may belong to 'C' category (may not belong to 'A' or
B' categories), they may be so dilapidated and dangerous that their reconstruction is most
urgently necessary to this end, the Government has granted additional incentive FSI as per
Point No.1 above for redevelopment of buildings of any category declared as dangerous,
prior to monsoon of 1997.
6. A large number of old properties can be better developed by clubbing them
together instead of developing each property separately. This will lead to lesser congestion
and better infrastructure such as internal roads, open spaces, etc. To encourage the
composite redevelopment of several cessed properties, the Government has granted an
incentive FSI for composite redevelopment.
The special concessions in FSI are shown below for the composite or joint
redevelopment of A,B or C category cessed buildings.

No.of plots propsoed for FSI permissible

composite redevelopment

a) One plots : 3.00, or FSI required for rehabilitation of existing

occupiers plus 50% incentive FSI whichever is higher.

b) 2 to 5 plots : 3.00, or FSI required for rehabilitation of existing

occupiers plus 60% incentive FSI whichever is higher.

c) 6 or more plots : 3.00, or FSI required for rehabilitation of existing

occupiers plus 70% incentive FSI whichever is higher.

7. In some cases, it may not be possible to utilize the entire permissible FSI on
the same plot, because of height restrictions, fire-safety regulations, etc. In such cases, the
developer is entitled to avail the benefit of “Transferable Development Rights” (TDR), to
be used in the suburbs or extended suburbs in accordance with the relevant regulations of
DCR 1991, for Greater Mumbai. This provision ensures that the scheme remains feasible
even where the incentive FSI cannot be fully utilized on the same plot.

8. In case of Heritage buildings in Grade III and precincts, no permission of the

Municipal Commissioner or Heritage Conservation Committee is now necessary, if the
height of the buildings does not exceed 24 meters (excluding stilt).
9. All these modifications and incentives mentioned in Government gazette notification
dated 25.01.1999 will not be applicable to the areas which are affected by the
Coastal Regulation Zone (CRZ) notification issued by Ministry of Environment and
Forest, Government of India vide notification dated 19th February 1991, and orders
issued from time to time.

10. The Built-up area and number of tenements to be surrendered to M.B.R & R. Board
are as per Schedule -III of MHADA Act 1976.

PROVISION FOR SUMMARY EVICTION:

Under section 95-A (2) of amended MHAD Act, in case at least 70% of the
occupants have given their consent for the redevelopment scheme, but a few remaining
occupants obstruct the scheme and refuse to vacate the old premises, they are liable for
summary eviction in order to facilitate the redevelopment scheme.
FACILITY TO MODIFY THE EXISTING REDEVELOPMENT
PROPOSALS:
The above incentives in FSI are offered not only to fresh proposals, but also to the
existing proposals. Housing societies of Landlords or Occupiers may convert their earlier
proposals in accordance with the above modified regulations provided the redevelopment
scheme is in progress and has not been completed. i.e. where full occupation certificate is
not granted. However, this additional FSI is subject to submission of a Licensed Structural
Engineer's certificate for structural stability, to the effect that the building is designed to
take the additional load for constructing additional FSI, if granted, and certifying the
feasibility for structural modifications, i.e. it should be feasible to convert the tenements
earlier proposed with 180 sq.ft. carpet area into tenements of 225 sq.ft. carpet area.

Thus, the higher FSI does not automatically become permissible in cases where
construction is already under way as per old plans, unless a provision was made in the
plans, foundation, etc. for subsequently increasing the area of rooms or the number of
floors, without endangering the structural stability and safety of the buildings.

TRANSIT CAMPS:
It is mandatory for the Board to provide transit accommodation to the occupants of
building which have collapsed or been rendered unsafe for habitation or which are
required to be reconstructed and also to such occupants of buildings under repairs who
need to be shifted temporarily. The Board, therefore, construct transit tenements.
The Board also undertakes repair work of reconstructed Building as follows;
1) Special Repairs of Reconstructed Buildings (SRRDB)
 2) Current Repairs of Reconstructed Buildings (CRRDB)
The tenements in reconstructed buildings have been allotted on rental basis. Their special
and current repairs are the responsibility of the Board.
1) Special Repairs of Transit Tenements (SRTT)
2) Current Repairs of Transit tenements (CRTT)
The transit tenements are allotted on a rental basis, their ownership remaining with
MHADA. As in case of tenements in reconstructed buildings, the Board undertakes the
special and current repairs of transit tenements.

Mumbai Building Repair and Reconstruction Board had constructed transit

tenements in Mumbai city and Suburban area at 56 different scheme location which has
total 17784+153(NR) transit tenements. The information of transit camp is given in
Annexure-A.
The cumulative achievement for the structural repairs works carried out and
tenements reconstructed upto the end of March 2008 as well as proposed targets for the
structural repair works and reconstruction of tenements for the current financial year 2010-
2011 is given in Annexure-B, & the information about casualties, injuries of residents
while incident of minor/major collapses of cessed building took place is given in
Annexure-C.
As per the usual procedure, the Board carries out pre-monsoon survey of old
and cessed buildings in Island City Mumbai every year prior to onset monsoon to locate
the dangerous buildings. During the pre-monsoon survey of Year 2009 the dangerous
buildings were located and declared by Board, from the different Wards, the list of the
same is given in Annexure-D.

*******
 Annexure-A
Details of Transit Camps under M.B.R.& R. Board (Scheme wise)As on 31.3.2011

S No.of
No. No. of No. of
Sr. Name of Transit Camp Shops/ Total
Building Chwals T/s.
No Stall
1 Cuffe Parade, Colaba 32 -- 476 14 490
2 Fishermen Colony,
3 -- 200 -- 200
Mahim
3 Demolishe Demolis Demoli Demoli
Demolished
Bandra (E) d hed shed shed
4 Bandra Reclamation,
-- 50 400 -- 400
Bandra (W)
5
2 -- 80 -- 80
5 Nirmal Nagar, Khar (E)
6 Jaicoach, Goregaon
17 -- 906 34 940
6 (New Bahumajali)
7 Patliputra Nagar,
Demolishe Demolis Demoli Demoli
7 Oshiwara, Jogeshwari Demolished
d hed shed shed
(Old)
8 Oshiwara, Jogeshwari
5 -- 200 -- 200
8 (New)
9
-- 16 128 -- 128
9 Unnat Nagar, Goregaon
1 Siddharth Nagar,
-- 24 376 -- 376
10 Goregaon
11 Siddharth Nagar,
Goregaon 2 -- 80 -- 80
(Multistoried) (New)
12 Mahavir Nagar,
5 -- 300 -- 300
Kandivali
13 Malvani (New) -- 2 20 -- 20
14 Malvani (Old)
-- 24 376 -- 376
[Mumbai Board]
15. Gorai Road, Borivali
6 -- 208 -- 208
(W) (192+240 T/s)
16. Gorai Road, Borivali
12 -- 312 -- 312
(W) (328 T/s)
17. Gorai Road, Borivali
1 -- 80 -- 80
(W) (80 T/s)
18. Magathane, Borivali
4 -- 320 -- 320
(E) (320 T/s)
19. Magathane, Borivali
-- 2 80 -- 80
(E) (240 T/s)
20. Magathane, Borivali
-- 14 142 -- 142
(E) (230 T/s)
21. Magathane, Borivali
2 -- 96 -- 96
(E) (96 T/s)
22. Magathane, Borivali
-- 7 52 -- 52
(E) (52 T/s)
23. Shailendra Nagar,
-- 8 81 -- 81
Dahisar (E) (81 T/s)
24. Shailendra Nagar,
-- 1 8 -- 08
Dahisar (E) (320 T/s)
25. Jijamata Nagar,
2 -- 244 -- 244
Kalachowky (F/S)
26. Dyaneshwar Nagar, 1 2 160 -- 160
 Sewree (FS)
27. Sion Camp Multistoried Demolis Demoli Demo Demolishe Demo
No.1 (New) hed shed lished d lished
28. Demolis Demoli Demo Demolishe Demo
Sion Camp No.2 hed shed lished d lished
29. Sion New Bldg. T Type 67 -- 3679 115 3794
30. Sion Old Multistoried
12 -- 1120 -- 1120
Building Gr.+7 floor
31. Sion Old Multistoried
5 -- 395 -- 395
Building Gr.+ 4 floor
32. Sion Old Multistoried
Building Gr.+7 floor 5 -- -- -- 127
(Marketing)
33. Sion - A type (Chawls) -- 8 160 -- 160
34. Sion -C type (Chawls) -- 5 078 -- 078
35. Sion -D type (Chawls) -- 18 144 -- 144
Total 89 31 5703 115 5818
36. Subhash Nagar, Chembur
10 -- 400 -- 400
(New & Old)
37. Mankhurd (New) PMGP 4 -- 192 -- 192
38. Demolis Demoli Demo Demolishe Demo
Mankhurd (Old) hed shed lished d lished
39. Pant Nagar, Ghatkopar
-- 49 336 -- 336
Naidu Colony
40. Pant Nagar, Ghatkopar
(Multistoried) Naidu 2 -- 160 -- 160
Colony
41. Canara Engineering,
-- 5 33 -- 33
Ghatkopar
42. Tagor Nagar (Chawl)
-- 22 56 -- 56
[Mumbai Board]
43. Kannamwar Nagar,
Vikhroli (E) (Multistoried) 38 -- 1073 -- 1073
(1105 T/s)
44. Kannamwar Nagar,
11 -- 880 -- 880
Vikhroli (E) (880 T/s)
45. Kannamwar Nagar,
Vikhroli (E) (Chawl) (180 -- 17 177 -- 177
T/s)
46. Antop Hill, Wadala,
1 -- 125 -- 125
Multistoried Old (9A)
47. Antop Hill, Wadala,
-- 58 474 -- 474
(Chawl)
48. Wadala Multistoried, New
2 -- 256 -- 256
(6A+8B)
49. Wadala Multistoried, New
1 -- 273 -- 273
(7 ABC)
50. Dharavi (Old) -- 14 476 -- 476
51. Dharavi (New) 5 -- 440 -- 440
52. Bharat Nagar, Bandra 38 -- 712 -- 712
53. Mulund, Gavanpada (E) - -- 496 -- 496
54. Vinoba Bhave Nagar,
13 -- 552 -- 552
Kurla (W)
55. M. P. Mill Compound,
3 -- 168 -- 168
Tardeo [Mumbai Board]
56. Peru Compound, Lalbaug.
16 -- 126 -- 126
(F/S)
Total = 326 385 18696 163 18859
 Annexure-B
Statment showing the Reconstruction/ repair out of Dilapidated buildings in island city of
Mumbai upto 31st March 2012 & proposed work programme of Repair / Reconstruction work for
the year 2012-2013.

Item Total Work in Remarks Total Total

Repair Progress Reconstruct Reconstructed
works ion scheme Tenements

Achievem 1397 531 Work in 1 Schemes 20 T/s

ent during Progress as
Works works
the year on
2012-13 31.3.2011

Total 26204 866 Work in 455 Bldgs. 34346 T/s

Achievem Progress as
works works (941 Old
ent from on Bldgs.)
inception 13620 31.3.2012
to March Bldgs.
2010

Proposed 1068 386 ------ 1 Schemes 112 T/s

works in Works works
the year (Target)
2011-12
 Annexure-C
Accident of cessed buildings

YEAR Accident Of Persons diedè

Collapse Persons injured
1970-71 169 25 086
1971-72 127 52 102
1972-73 112 05 068
1973-74 127 03 033
1974-75 123 18 024
1975-76 107 35 055
1976-77 097 17 057
1977-78 100 20 070
1978-79 089 18 046
1979-80 129 42 080
1980-81 119 50 071
1981-82 135 22 060
1982-83 127 28 077
1983-84 145 22 047
1984-85 122 18 050
1985-86 112 75 110
1986-87 060 11 038
1987-88 064 43 075
1988-89 078 05 013
1989-90 078 04 022
1990-91 125 49 044
1991-92 064 15 048
1992-93 036 10 037
1993-94 042 02 017
1994-95 046 32 115
1995-96 013 02 012
1996-97 036 20 022
1997-98 022 03 014
1998-99 018 01 016
1999-2000 016 06 018
2000-2001 016 06 020
2001-2002 014 01 002
2002 - 2003 018 09 025
2003-2004 008 02 018
2004-2005 023 02 018
2005-2006 015 18 039
2006-2007 018 03 006
2007-2008 012 09 032
2008-2009 25 37 43
2009-2010 08 01 03
2010-2011 13 31 07
2011-2012 42 02 17
Total 2850 774 1757
 MUMBAI BUILDING REPAIRS & RECONSTRUCTION BOARD
MOST DANGEROUS BUILDING IN THE ISLAND CITY OF MUMUBAI

The following cessed buildings have been identified as most dangerous during the Pre-
Monsoon Survey 2012 carried out recently by the Board.

Sr. Ward. Office Address & Telephone Details of property.

No. Number.
1. A Executive Engineer-A Divn, ♦ 144 M. G. Road,
Cuff Parade, Colaba Transit Camp, Explanade Mansion.
Mumbai-400 005.
Tel. No. 22187785.
2. C -3 Executive Engineer – C Divn. 586 Jaggnath Shankarsheth Road.
10-12 Rupa Lane, Chandanwadi,
Mumbai-400 002.
Tel. No. 22054235.

3. D -2 Executive Engineer D-2 Divn. 122 Khetwadi Back Road

4. D -2 89-95 Rajni Mahal Bldg. Ist floor, 31-33 Dr. Deshmukh Lane
Opp. A.C. Market, Tardeo, Mumbai
-34. Tel No.25533060
5. E-1 Executive Engineer E-1 Divn., ♦ 299-C Botawala Chawl, Rambhau
Bhogale Marg.
Bldg.No.24, Ground floor,
6 E-1 Abhyudaya Nagar,Kalachowki ♦ 299-D Botawala Chawl, Rambhau
Bhogale Marg.
Mumbai-400 034.
Tel No. 24705582
7 E-2 Executive Engineer E-2 Divn., 21. Temkar Street, Patel Chamber
Bldg.No.24, Ground floor,
8. E-1 Abhyudaya Nagar,Kalachowki 59 Kamathipura 3rd Lane.
Mumbai-400 034.
Tel No. 24705582

Note : ♦ Buildings are the buildings declared dangerous during last year & included in this year.