Now Reading: BMC fines Andheri demolition site Rs 35,000, suspends architect liability rule
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BMC fines Andheri demolition site Rs 35,000, suspends architect liability rule
BMC fines Andheri demolition site Rs 35,000, suspends architect liability rule
The Story in Brief
The Brihanmumbai Municipal Corporation has issued a stop-work notice to a developer at a demolition site in Oshiwara, Andheri West, and imposed a Rs 35,000 penalty for dust pollution violations. The BMC cited inadequate covering of debris, loose soil on roads, uncovered cutting and drilling, and the absence of a dust-extraction system and tyre-washing facility. The notice was issued under Section 354A of the Mumbai Municipal Corporation Act, 1888, and the local police have been directed to monitor compliance.
Separately, the BMC has temporarily suspended its rule that held architects and licensed surveyors accountable for air pollution at construction sites. The decision followed a meeting on October 8 after the Council of Architecture opposed the September 2 circular. Architect Vilas Nagalkar argued that architects engaged in plan approval have no role in demolition or excavation, and holding them liable was unjustified.
Legal experts noted that developers who violate air quality norms are not eligible for construction timeline extensions under the Real Estate Act. However, if authorities announce a general suspension of construction activities, developers may seek an extension from MahaRERA on grounds of force majeure, typically for up to one year.
Indian Opinion Analysis
The BMC's dual action, penalising one site while rolling back liability for architects, signals a calibrated response to Mumbai's worsening air quality. By dropping the requirement for architects to submit undertakings, the civic body has defused a professional backlash without weakening its enforcement against builders who actually control on-site dust. The real test will come if Mumbai's AQI stays above 200 for three consecutive days, which under the Graded Response Action Plan could trigger Stage IV measures and broader construction suspensions. For homebuyers, any such halt would push project deadlines further, and MahaRERA's stance on force majeure extensions in such cases remains the next point to watch.
Source: hindustantimes.com
This brief was synthesised by AI from the source linked above. Methodology and corrections.
