Basement PIL (Dosti Acres Landslide)
In June, 2018, a landslide took place in the Dosti Acres compound, a housing complex in Wadala, during the monsoon. The cause of the landslide was the excessive excavation done by the Builder for the basement of the building. Considering the damage caused by the Dosti Acres incident, and the threat posed by indiscriminate excavations for basements, Advocate Abha Singh filed a Public Interest Litigation in the Bombay High Court.
In the PIL she challenged an Amendment made to the Development Control Regulation (DCR) Rules in 2012 to allow multi-level basement parking. The Amendment allowed the developer to not only have up to five floors of basement parking, but also to utilise the entire plot for it. As a result, the developer dug the entire plot, leaving a paltry 1.5 metre wall from the adjoining plot. In the Dosti Acres incident, the wall was not reinforced due to which, when rainwater percolated the ground, the mud below Llyod Estate driveway got dislodged and the landslide occurred.The earlier DCR Rules restricted basement parking to two levels and twice the plinth area. Abha Singh alleged that the BMC made the amendments to the basement law to suit Builders by deleting depth, basement area and open space limits.
In response to the PIL, the Bombay High Court issued notices to the Brihanmumbai Municipal Corporation (BMC) and the Urban Development department for unconstitutional amendments to the Basement Rules, which led to the Dosti Acres landslide. The Bombay High Court directed that a panel be constituted to implement the suggestions made by IIT Bombay after a study on the collapse.
Publised by Abha Singh | Tag: 3/31/2020 12:00:00 AM