Residents of Chembur have raised concerns over the alleged misuse of setback land along Ramakrishna Chemburkar Marg, which is reserved for future road widening. Locals claim shops and showrooms are using the land commercially, while the BMC has begun issuing notices after complaints
Setback area outside Heritage Solitaire building being used to park on-sale two-wheelers
Residents of Chembur have raised concerns over the alleged misuse of public land along Ramakrishna Chemburkar Marg (RC Marg), claiming that setback areas — mandatory, open spaces surrounding a building — earmarked for future road widening are being used by shopkeepers and showroom owners, possibly by paying rent to developers.
According to locals, several high-rise buildings have come up along the stretch over the past five to six years, but the setback land meant for road widening has been encroached upon by commercial establishments.
Residents say no road-widening work has begun yet, even though the land is supposed to be handed over to the BMC.
What is the issue?
Citizen activist Rishi Marwah explained that under BMC rules, developers must hand over the setback portion of land to the Development Plan (DP) department once construction is approved.
“The DP department then transfers the land to the respective ward office, which must protect it until the road widening is carried out,” Marwah said.
Setback area outside Mahavir Millennium is being misused. Pics/Ritika Gondhalekar
“However, along RC Marg, the setback areas are being used by private players. Since the BMC has denied collecting any rent or commission, either these shops are using the land illegally or they are paying rent to developers,” he added.
Residents say neither road-widening work nor any inquiry into the alleged commercial use of the land has been carried out.
Misuse of public property
Locals say the stretch experiences heavy traffic during peak hours, and widening the road would ease congestion.
“Once a developer gives setback land, they receive Transferable Development Rights (TDR) in return,” said resident Jayant Kharwad.
“If the authorities are not protecting the land, developers could be making money by allowing commercial use of public property. A wider road is already proposed in the Development Plan 2034, so why hasn’t the widening started?” he asked.
Another resident, Nagendra Acharya, questioned how builders received Occupation Certificates (OCs) if the setback area was encroached on. “If the BMC has put up its board there, why is it not taking responsibility?” he asked.
Questions raised by residents
1 Which authority is responsible for protecting setback land until road widening begins — the DP department or the ward office?
2 Why have Occupation Certificates not been reviewed despite alleged encroachments?
3 Why do completed buildings lack open spaces — has setback land been shown as open space to gain approvals?
4 Who is collecting rent for the commercial use of what is now public land?
5 What action will be taken if developers are found profiting from the use of setback land?
6 Which civic officer was responsible for taking possession of land, and why was it not secured earlier?
Developers deny role
Girish Gangwani, owner of Heritage Developers, said the setback land had already been handed over to the DP department. “At this point it is no longer our property but government land. We do not know who the shopkeepers may be paying rent to,” he said.
However, a manager at one of the showrooms told mid-day that the establishment owns its premises and does not pay rent. “The outer area is being used because it has neither been developed as a road nor a footpath. So far, no authority has asked us to stop using it,” the manager said.
Authorities respond
M-West ward officer Shankar Bhosale said the BMC has begun taking corrective measures after receiving complaints. “We have issued notices to the developers to remove any structures or activities on the setback land,” Bhosale said.
However, road widening cannot begin because construction of some buildings along the stretch is still underway, he explained.
Bhosale added that the ward office is not aware of who may be earning money from the use of the land, but the matter will be taken up.
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