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What is the 7/12 Property Card and How does it work?

 

Introduction

 

In the labyrinth of Indian property documentation, the 7/12 extract stands out as a cornerstone of rural land records. But what exactly is this document, and why does it hold such significance in the world of real estate and land ownership? Buckle up, dear reader, as we embark on a journey through the intricate landscape of land records, lgr maharashtra, and the fascinating world of 712 online services.

 

What is the 7/12 Property Card?

 

The 7/12 Property Card, also known as "satbara utara" or "712 utara," is a vital land record document used in Maharashtra, India. This extract provides essential information about rural and agricultural land properties.

 

The Origin of the Name

 

The term "7/12" isn't just a random combination of numbers. It has historical significance:

 

  • The "7" refers to Village Form 7, which is a record of land ownership.
  • The "12" stands for Village Form 12, which details crop and cultivation information.

 

Together, these forms create a comprehensive record of rural land properties.

 

Key Information Contained in a 7/12 Extract

 

A typical 7/12 extract includes:

 

  1. Survey number of the land
  2. Name of the land owner(s)
  3. Area of the land
  4. Type of land (agricultural, non-agricultural, etc.)
  5. Crops cultivated (if applicable)
  6. Information on any loans or encumbrances on the property.

 

The Importance of 7/12 in Maharashtra's Land Records System

 

Legal Significance

 

The 7/12 extract serves as prima facie evidence of land ownership in rural areas. It's an important document for various legal and administrative purposes.

 

Agricultural Planning

 

For farmers and agricultural planners, the 7/12 provides valuable information about land use, crop patterns, and irrigation status.

 

Financial Transactions

 

Banks and financial institutions often require the 7/12 extract when considering agricultural loans or mortgages on rural properties.

 

How to Obtain a 7/12 Extract?

 

Traditional Method

 

Historically, obtaining a 7/12 extract involved visiting the local Talathi office and submitting a request in person. The process could take several days to weeks.

 

The Rise of 712 Online Services

 

In recent years, the Maharashtra government has made significant strides in digitizing land records. The introduction of 712 online services has revolutionized the process of obtaining these crucial documents.

 

Steps to Access 712 Online

 

  1. Visit the official Maharashtra Land Records website here.
  2. Select your district, taluka, and village
  3. Enter the survey number of the land
  4. View and download the 7/12 extract

 

This digital transformation has significantly reduced the time and effort required to access land records.

 

 

Understanding the LGR Maharashtra Initiative

 

The Land and Governance Reforms (LGR) Maharashtra project is a comprehensive effort to modernize and streamline land administration in the state.

 

Key Objectives of LGR Maharashtra

 

  1. Digitization of land records
  2. Implementation of a centralized land records management system
  3. Improved transparency and accessibility of land information
  4. Reduction in land-related disputes

 

Impact on 7/12 and Property Documentation

 

The LGR Maharashtra initiative has had a profound impact on how 7/12 extracts and other property documents are managed and accessed. It has made the process more efficient, reducing the scope for errors and fraud.

 

The Difference Between 7/12 Extract and Property Card

 

 

While both documents provide information about property ownership, there are significant differences between a 7/12 extract and a property card.

 

7/12 Extract (Satbara Utara)

  • Primarily used for rural and agricultural lands
  • Issued by the revenue department
  • Contains information about land ownership, area, and cultivation
  • Serves as a record of rights for agricultural properties

 

Property Card

  • Used for urban properties within municipal limits
  • Issued by the city survey office
  • Contains detailed information about property ownership, dimensions, and transaction history
  • Considered the primary ownership document for urban properties

 

Key Differences between 7/12 Extract and the Property Card

 

Aspect7/12 ExtractProperty Card
JurisdictionRural/AgriculturalUrban
Issuing AuthorityRevenue DepartmentCity Survey Office
Primary Use Agricultural land recordsUrban property ownership
Level of DetailBasic land and cultivation infoComprehensive property details
Legal WeightStrong for rural propertiesStronger for urban properties

 

Understanding these differences in detail is important for property transactions and legal matters related to real estate in Maharashtra:

 

Jurisdiction

 

7/12 Extract:

 

  • Primarily used for rural and agricultural lands
  • Covers areas outside municipal limits
  • Applies to lands classified under revenue records

 

Property Card:

 

  • Used for urban properties within municipal boundaries
  • Covers city and town areas
  • Applies to lands under city survey numbers

 

The jurisdiction difference is crucial because it determines which document you'll need based on the property's location. For instance, if you're dealing with farmland on the outskirts of Pune, you'll likely need a 7/12 extract. However, for an apartment in downtown Mumbai, a property card would be the relevant document.

 

Issuing Authority

 

7/12 Extract:

 

  • Issued by the Revenue Department
  • Typically obtained from the Talathi's office
  • Part of the land revenue administration system

 

Property Card:

 

  • Issued by the City Survey Office
  • Obtained from municipal authorities
  • Part of the urban land records system

 

This difference in issuing authority reflects the separate administrative systems for rural and urban areas in Maharashtra. The Revenue Department focuses on agricultural and rural land management, while City Survey Offices handle urban property records.

 

Primary Use

 

7/12 Extract:

 

  • Serves as a record of rights for agricultural properties
  • Used for crop planning, agricultural loans, and rural land transactions
  • Essential for government schemes related to farming and rural development

 

Property Card:

 

  • Acts as proof of ownership for urban properties
  • Used for urban real estate transactions, property tax assessments, and building permissions
  • Crucial for municipal services and urban development planning

 

The primary use distinction is important because it affects how these documents are used in various transactions and legal matters. For example, a farmer seeking an agricultural loan would need to present a 7/12 extract, while a city dweller applying for a home improvement permit would use a property card.

 

Level of Detail

 

7/12 Extract:

 

  • Provides basic information about land ownership, area, and type of land
  • Includes details about crops cultivated and any agricultural loans
  • May mention land use restrictions or government claims

 

Property Card:

 

  • Offers comprehensive details about the property, including built-up area
  • Includes historical ownership information and transaction records
  • Provides details on property boundaries, floor plans, and usage permissions

 

The level of detail varies significantly because of the different needs in rural and urban contexts. The 7/12 extract focuses on information relevant to agricultural use, while the property card caters to the complex nature of urban property ownership and development.

 

Legal Weight

 

7/12 Extract:

 

  • Considered strong evidence of ownership for rural properties
  • Important in agricultural land disputes and rural property transactions
  • May be supplemented by other documents in complex legal cases

 

Property Card:

 

  • Carries stronger legal weight for urban properties
  • Often considered conclusive proof of ownership in urban areas
  • Widely accepted by courts, banks, and government agencies for urban property matters

 

While both documents are legally significant, their weight can vary depending on the context. In rural areas, the 7/12 extract is often the primary document referred to in property matters. However, in urban settings, the property card typically takes precedence due to its comprehensive nature and the complexities of urban property ownership.

 

The Role of Satbara Online in Modern Land Administration

 

The introduction of satbara online services has been a game-changer in Maharashtra's land administration system.

 

Benefits of Satbara Online

 

  1. 24/7 access to land records
  2. Reduced bureaucracy and paperwork
  3. Minimized chances of document tampering
  4. Faster processing of land-related transactions

 

Challenges and Limitations

 

While satbara online has numerous advantages, it's important to note that the digital records are primarily for reference. For legal purposes, an officially certified physical copy may still be required in many cases.

 

 

The Conveyance Deed and Its Relation to 7/12 Extracts

 

A conveyance deed is a crucial document in property transactions, and it has an important relationship with the 7/12 extract.

 

 

What is a Conveyance Deed?

 

A conveyance deed is a legal document that transfers property ownership from one party to another. It's essential for completing a property sale transaction.

 

How 7/12 Supports Conveyance Deeds?

 

The 7/12 extract serves as a supporting document for conveyance deeds in rural areas. It provides verification of the seller's ownership rights, which is crucial for a valid property transfer.

 

House Ownership and the 7/12 Extract

 

While the 7/12 extract is primarily associated with agricultural land, it also plays a role in house ownership in rural and semi-urban areas.

 

7/12 for Residential Properties

 

In areas where formal property cards are not issued, the 7/12 extract may serve as proof of ownership for houses built on agricultural land.

 

Limitations and Considerations

 

It's important to note that for urban properties, a property card or other urban land records are typically more relevant for establishing house ownership.

 

The Future of Land Records in Maharashtra

 

As technology continues to evolve, so does the management of land records in Maharashtra.

 

Blockchain and Land Records

 

Some experts predict that blockchain technology could revolutionize land record management, providing even greater security and transparency.

 

Integration with GIS

 

Geographic Information Systems (GIS) are being increasingly integrated with land records, allowing for more accurate mapping and spatial analysis of properties.

 

How Foot2Feet Can Assist with Land Record Services

 

As we navigate the complex world of land records and property documentation, expert guidance can be invaluable. This is where Foot2Feet comes in.

 

Comprehensive Land Record Services

 

Foot2Feet offers a range of services related to land records and property documentation, including:

 

1. Assistance in obtaining and interpreting 7/12 extracts

2. Guidance on navigating the 712 online system

3. Support for property transactions involving rural and urban properties

4. Expert advice on land record-related legal matters

 

Why Choose Foot2Feet?

 

With our deep understanding of Maharashtra's land record system and years of experience in the construction and property consultation industry, Foot2Feet is uniquely positioned to assist clients with all aspects of land record management and property transactions.

 

Conclusion

 

The 7/12 Property Card, or satbara utara, is more than just a document – it's a key that unlocks the complex world of rural land ownership in Maharashtra. From its historical roots to its modern digital avatar through 712 online services, this crucial piece of documentation continues to play a vital role in property transactions, agricultural planning, and legal matters.

 

As we've explored, understanding the nuances of land records, the differences between 7/12 extracts and property cards, and the evolving landscape of digital land administration is important for anyone involved in property matters in Maharashtra.

 

Whether you're a property buyer, seller, or simply someone looking to understand your land rights better, navigating this complex system can be challenging. This is where the expertise of professionals like Foot2Feet becomes invaluable.

 

With their comprehensive knowledge of land records, property documentation, and the intricacies of Maharashtra's real estate landscape, Foot2Feet is your ideal partner in all matters related to property and construction services. From obtaining and interpreting 7/12 extracts to guiding you through property transactions, their team of experts is ready to assist you every step of the way.

 

Don't let the complexities of land records hold you back from making informed decisions about your property. Visit www.foot2feet.com today to learn how their expert services can simplify your property journey, ensuring you have all the information and support you need for successful real estate ventures in Maharashtra.

 

Remember, when it comes to understanding your land rights and navigating property documentation, knowledge is power. And with Foot2Feet by your side, you're empowered to make the best decisions for your property needs.

 

Frequently Asked Questions (FAQs)

 

1. How to get zone certificate online?

 

A: To obtain a zone certificate online in Maharashtra, follow these steps:

 

1. Visit the official website of your local municipal corporation or planning authority.

2. Navigate to the 'Online Services' or 'Zone Certificate' section.

3. Register an account or log in if you already have one.

4. Fill out the online application form with details such as property address, survey number, and owner information.

5. Upload required documents (e.g., property documents, ID proof, recent property tax receipt).

6. Pay the requisite fee online through the provided payment gateway.

7. Submit the application and note down the application number for tracking.

8. Use the online tracking system to monitor your application status.

9. Once approved, download the zone certificate from the website or collect it from the designated office as instructed.

 

Note that the exact process may vary slightly depending on your specific location within Maharashtra. It's advisable to check with your local municipal website for the most up-to-date information and procedures.

 

 

2. What is the difference between a 7/12 extract and a property card?

 

A: The main differences are:

 

  • 7/12 extract is for rural/agricultural land, while property card is for urban properties.
  • 7/12 is issued by the revenue department, property card by the city survey office.
  • 7/12 focuses on land and cultivation details, property card on building and ownership history.

 

3. How can I check the authenticity of a 7/12 extract?

 

A: To verify a 7/12 extract:

 

  • Use the official Maharashtra Land Records website (mahabhulekh.maharashtra.gov.in).
  • Enter the document's unique ID or QR code if available.
  • Compare the online information with the physical document.
  • For absolute certainty, visit the local Talathi office for verification.

 

4. Can a 7/12 extract be used as proof of ownership in legal disputes?

 

A: While a 7/12 extract is considered prima facie evidence of ownership, it's not conclusive proof. In legal disputes:

 

  • It's a strong supporting document for rural properties.
  • Courts may require additional evidence like sale deeds or inheritance documents.
  • For urban properties, a property card or other urban land records may carry more weight.

 

5. How often is the information in a 7/12 extract updated?

 

A: Ideally, 7/12 extracts should be updated:

 

  • Annually after the agricultural season
  • Whenever there's a change in ownership or land use
  • When loans are taken against the property or repaid

 

However, actual update frequency can vary. It's advisable to check for the most recent extract when dealing with property matters.

 

6. Can Non-Resident Indians (NRIs) own agricultural land and obtain a 7/12 extract?

 

A: The rules for NRIs owning agricultural land in India are complex:

 

  • Generally, NRIs cannot purchase agricultural land in India.
  • However, NRIs can inherit agricultural land.
  • In cases of inherited land, NRIs can obtain and hold a 7/12 extract.
  • Specific rules may vary by state, so it's crucial to consult with legal experts.

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

UDCPR 2020 Chapter 14 is all about the Special Schemes as per mentioned in the UDCPR 

 

This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

 

Rule No. 14.7 Slum Rehabilitation Scheme for Other Municipal Corporations

 

Slum rehabilitation scheme for other Municipal Corporations, excluding those covered in Regulation No.14.6, shall be as below.

 

14.7.1  Eligibility for Redevelopment Scheme

 

i) A person eligible for a redevelopment scheme shall mean a protected occupier as defined in Chapter-IB of Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 as amended from time to time, (hereinafter referred to as the Slum Act) and orders issued there under.

 

ii) Subject to the foregoing provisions, only the actual occupants of the hutment shall be held eligible, and the so-called structure-owner other than the actual occupant if any, even if his name is shown in the electoral roll for the structure, shall have no right whatsoever to the reconstructed tenement against that structure.

 

14.7.2  Definition of Slum, Pavement, and Structure of Hut

 

i) Slums shall mean those censused, or declared and notified, in the past or hereinafter under the Slum Act. Slum shall also mean area/pavement stretches hereinafter notified or deemed to be and treated as Slum Rehabilitation Areas.

 

ii) If any area fulfills the condition laid down in section 4 of the Slum Act, to qualify as a slum area and has been censused or declared and notified shall be deemed to be and treated as a Slum Rehabilitation Area.

 

iii) Slum Rehabilitation area shall also mean any area declared as such by the SRA though preferably fulfilling conditions laid down in section 4 of the Slum Act, to qualify as a slum area and/or required for implementation of any slum rehabilitation project. Any area where a project under the Slum Rehabilitation Scheme (SRS) has been approved by the CEO, SRA shall be a deemed slum rehabilitation area.

 

iv) Any area required or proposed for the purpose of construction of temporary or permanent transit camps and so approved by the SRA shall also be deemed to be and treated as Slum Rehabilitation Areas, and projects approved in such areas by the SRA shall be deemed to be Slum Rehabilitation Projects.

 

v) A pavement shall mean any Municipal/Govt. /Semi-Govt. pavement, and shall include any viable stretch of the pavement as may be considered viable for the purpose of SRS.

vi)  A structure shall mean all the dwelling area of a protected occupier as defined in Chapter I-B of Slums Act, and orders issued thereunder.

 

vii) A composite building shall mean a building comprising both rehab and free-sale components and part thereof in the same building.

 

viii) Censused shall mean those slums located on lands belonging to Govt., any undertaking of Govt., or Corporation and incorporated in the records of the land-owning authority as having been censused in 1976, 1980, or 1985 or prior to 1st January, 1995, and 1st January, 2000

 

14.7.3 Joint ownership with spouse

 

The reconstructed tenement shall be of the ownership of the hutment dweller and spouse conjointly, and shall be so entered and be deemed to be so entered in the records of the co-operative housing society, including the share certificates or all other relevant documents.

 

14.7.4 De-notification as Slum Rehabilitation Area

 

SRA on being satisfied that it is necessary to do so, or when directed by the State Govt., shall de-notify the Slum Rehabilitation Area.

 

14.7.5 Applicability

 

The following provisions will apply for redevelopment/construction of accommodation for hutment/pavement-dwellers through owners/developers/co-operative housing societies of hutment/pavement-dwellers/public authorities such as MHADA, MIDC, MMRDA, etc./Non- Governmental Organizations anywhere within the limits of Municipal Corporation. However, NGOs should be registered under the Maharashtra Public Charitable Trusts Act, 1961, and the Societies Registration Act, 1960 at least for the last five years and should also be approved by SRA.

 

14.7.6 Right of the Hutment Dwellers

 

i) Hutment dwellers, in the slum or on the pavement, eligible in accordance with the provisions of this Regulation shall in exchange of the protected dwelling structure, be given free of cost a residential tenement having a carpet area of 27.88 Sq.m. including a balcony, bath, and water closet, but excluding common areas.

 

For this purpose, “carpet area” means the net usable floor area within a tenement excluding that covered by the walls or any other areas specifically exempted from floor space index computation as per prevailing Regulation.

 

ii) Even those protected dwelling structures having residential areas more than 27.88 Sq.m. shall be eligible only for 27.88 Sq.m. of carpet area where Carpet area means an area of tenements as mentioned in (i) above.

 

iii) All eligible hutment dwellers taking part in the SRS shall have to be rehabilitated in accordance with the provisions of these Regulations. It may be in situ and in the same scheme as far as possible.

 

iv) Pavement dwellers and hutment dwellers in the slum on land required for vital public purposes or such locations which are otherwise unsuitable for human habitation or non-suitable due to other statutory restrictions shall not be rehabilitated in-situ but in other available locations and in accordance with these Regulations. The competent Authority appointed by the State Government in the Housing Department shall on the basis of verification of documents, as may be prescribed, shall decide on the eligibility of hutment dwellers.

 

v) The eligibility of a person including a transferee, under a scheme of Slum redevelopment shall be established in accordance with Chapter-IB of the Slum Act, and orders issued thereunder.

 

vi) An individual agreement shall be entered into by the owner/developer/co-operative housing society/NGO with the eligible hutment-dwellers in the slum/pavement.

 

vii) An individual agreement entered into between the hutment-dweller and the owner/developer/co-operative society/NGO shall be in the joint names of pramukh hutment dweller and spouse for every protected dwelling structure

 

viii) Hutment dwellers in a category having a differently abled person or female-headed households shall be given first preference in allotment of tenements. Thereafter lots shall be drawn for allotment of tenements from the remaining tenements to the other eligible hutment-dwellers before grant of occupation certificate to the rehab Building.

 

ix) Transfer of Photo passes- Since, only the actual occupant at present will be eligible for redevelopment; there shall be no need to regularize the transfers of photo passes that have occurred so far. A photo pass will be given after the new tenement has been occupied.

 

x) Any person who owns a dwelling unit on an ownership basis in Municipal Corporation areas shall not be held eligible under the scheme. Any person, who can be held eligible under more than one SRS, shall be held eligible in only one scheme.

 

xi) Premium for ownership and terms of lease-That part of Government/Municipal Corporation/MHADA land on which the rehabilitation component of the SRS will be constructed, shall be leased to the Co-operative Housing Society of the slum-dwellers on 30 years lease period. Annual lease rent of Rs.1001/- for 4000 per Sq.m. of land or part thereof shall be payable and the lease shall be renewable for a further period of 30 years at a time. Simultaneously land under the free sale component shall be leased directly to the Society/Association of the purchasers of the tenement under the free sale component for 30 years with a provision for further renewal for a period of 30 years at a time. The lease rent for the free sale component shall be fixed by SRA.

 

Further, the Developer/Co-op. Housing Society shall pay a premium at the rate of 25% of ASR of the year of issue of LOI, in respect of SRS proposed to be undertaken on lands owned by the Government, Semi-Government undertakings, and Local Bodies and the premium shall go to land owing authority such as MHADA, Municipal Corporation, MMRDA, as the case may be. The premium installment so recovered shall be remitted to the concerned land-owing authority within 30 days from the date of recovery.

 

In the case of Government land, the premium shall be deposited in Nivara Nidhi.

 

The amount of the premium shall be recovered in installments as may be prescribed by Govt. from time to time. Land-owning authorities such as Municipal Corporation, MMRDA, and MHADA shall not recover land premiums in any other form. Proposals for SRS on land owned by the Central Government shall not be accepted unless NOC for the scheme is obtained from the Central Government.

 

xii) Automatic cancellation of Vacant Land Tenure and leases- If any land or part of any land on which the slum is located is under vacant land tenure, the said tenure/lease created by the Municipal Corporation or Authority shall stand automatically terminated as soon as the letter of Intent is issued by SRA for an SRS, which is a public purpose, on such land is prepared and submitted for approval to the SRA. Any arrears of dues to be collected by the Municipal Corporation shall not be linked to the issue of any certificate or NOC relating to the Slum Rehabilitation Scheme.

 

On sanction of SRS, the rights of Imlamalik, municipal tenants, or any other tenancy shall stand terminated in respect of the sanctioned SRS.

 

xiii) Recovery of pending dues such as assessment, compensation, occupational charges, non-agricultural tax/dues, etc. pending with public authorities such as State Govt., MHADA, and/or Municipal Corporation shall be dealt with separately and not be linked to the grant of approval or building permission to the slum rehabilitation projects.

 

xiv) A Slum Rehabilitation Project shall be considered preferably when submitted through a proposed or registered co-operative housing society of hutment dwellers on site. The said society shall include all the eligible hutments on site while submitting the S.R. Scheme and give an undertaking to that effect to SRA.

 

xv) Where 51% percent or more of the eligible hutment-dwellers in a slum and stretch of road or pavement contiguous to it at one place agree to join a rehabilitation scheme, it may be considered for approval, subject to submission of irrecoverable written agreements of eligible hutment-dwellers before LOI. Provided that nothing contained herein shall apply to Slum Rehabilitation Projects undertaken by the State Government or Public authority or as the case may be a Govt. Company as defined in Sec.617 of the Companies Act, 1956 and is owned & controlled by the State Government

 

xvi) In respect of those eligible hutment-dwellers on site who do not join the Project willingly the following steps shall be taken :

 

a) Provision for all of them shall be made in the rehabilitation component of the scheme.

 

b) The details of the tenement that would be given to them by way of allotment by drawing lots for them on the same basis as for those who have joined the Project will be communicated to them in writing by the Managing Committee of the Cooperative Housing Society if it is registered, or the developer. In case of dispute, the decision of the

CEO, SRA shall be final and binding on all the parties concerned.

 

c) The transit tenement that would be allotted to them or rent payable would also be indicated along with those who have joined the Project.

 

d) If they do not join the scheme within 15 days after the approval has been given to the Slum Rehabilitation Project on that site, then action under the relevant provision including Sections 33, 33(A) and 38 of the Slum Act, as amended from time to time, shall be taken and their hutments will be removed, and it shall be ensured that no obstruction is caused to the scheme of the majority of persons who have joined the scheme willingly.

 

e)  After this action under the foregoing clause is initiated, they will not be eligible for transit tenement along with the others, and they will not be eligible for the reconstructed tenement by lots, but they will still be entitled only to what is available after others have chosen which may be on the same or some other site.

 

f) If they do not join till the building permission for the Project is given, they will completely lose the right to any built-up tenement, and their tenement shall be taken over by the SRA, and used for the purpose of accommodating pavement-dwellers and other slum dwellers who cannot be accommodated in-situ, etc.

 

xvii) The Managing Committee of the proposed as well as registered Co-operative housing society of hutment dwellers shall have women to the extent of one-third of the total strength of actual members on the committee at any time.

 

xviii) Restriction on Transfer of Tenements; the tenement obtained under this scheme cannot be sold/leased/assigned or transferred (except to a legal heir) in any manner for a period of ten years from the date of allotment/possession of the tenement. In case of breach of conditions, except transfer to legal heir, the tenement will be taken over by SRA.

 

14.7.7 Building Permission for Slum Rehabilitation Project

 

i) The proposal for each Slum Rehabilitation Project shall be submitted to the SRA with all the necessary documents, no-objection certificates, and the plans as may be decided by the SRA from time to time.

 

ii) Approval to the Project shall be given by the SRA within a period of 60 days from the date of submission of all relevant documents. In the event of failure by SRA to do so, the said approval shall be deemed to have been given, provided the Project is in accordance with the provisions of these Regulations.

 

iii) The SRA while giving the approval may lay down terms and conditions as may be necessary.

 

iv) The SRA shall adopt the procedure laid down in the M.R. & T.P. Act, 1966 for giving building permission to any Slum Rehabilitation Project under this Scheme.

 

v) On compliance with the terms and conditions, the building permission shall be given, in accordance with the provisions under section 45 of the M.R. & T.P. Act, 1966 to the Project under the SRS, first to the Rehabilitation component and thereafter to the free-sale component subject to the provisions in clause below.

 

vi) Correlation between Rehabilitation and free-sale components: Building permission, for 10 percent of BUA of both the rehab and free-sale components may be given simultaneously and thereafter proportionately or as may be decided by the CEO, SRA.

 

vii) Where the Project is being implemented directly by an NGO approved by SRA, the CEO (SRA) may sanction 20 percent of the free-sale component without waiting for any expenditure on the rehabilitation component. The approval for the remaining part of the free-sale component will be given only after at least 30 percent of the rehabilitation component is completed on-site.

 

viii) As soon as the approval is given to the Project, the NOC for building permission of the landowning authority shall be given in respect of that slum located on lands belonging to any department, undertaking, or agency of the State Govt. including MHADA, or any local self-government such as the Municipal Corporation within 60 days after the intimation of such approval to the Project is communicated. In the event of its refusal to grant NOC, reasons thereof shall be stated and in the event of its not being given within the period, it shall be deemed to have been given.

 

ix) Occupation certificate shall not be held up only for want of lease documents to be executed, in all slum rehabilitation projects taken up on lands belonging to any department, undertaking, or agency of the State Govt., including MHADA, and any local self-government such as the Municipal Corporation.

 

14.7.8 Rehabilitation and Free-Sale Component

 

i)  FSI for rehabilitation of eligible slum/pavement-dwellers includes the FSI for the rehab component, and for the free-sale component. The ratio between the two components shall be as laid down herein below.

 

ii) Built-up area (BUA) for the rehabilitation component shall mean the total construction area of the rehabilitation component, excluding what is set down in Regulation 14.7.9(vi) of these Regulations, but including areas under staircases, passages, Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva Kendra / library, Balwadi/s society office, religious structures as permitted under Government Home Department Resolution dt.05/05/2011 and 18/11/2015, other social infrastructure like School, Dispensary, Gymnasium run by Public Authority or Charitable Trust, 5 percent incentive commercial areas for the Co-operative society, and the further 5 percent incentive commercial area for the NGO, Govt./Public Authority/Govt. Company wherever eligible.

 

iii) The incentive FSI/BUA shall depend on the size of the scheme and rate of developed land and rate of construction as per ASR of the year in which LOI is sanctioned.

 

Basic Ratio (LR / RC*)Incentive as per scheme
Upto 0.20 haMore than 0.20 ha. up to 0.40 ha.More than 0.40 ha. Up to 1 ha.More than 1 ha. up to 5 ha.For more than 5 ha.
Above 2.01.501.601.752.002.25
Above 1.50 and up to 2.001.601.752.002.252.50
Above 1.00 and up to 1.501.752.002.252.502.75
upto 1.002.002.252.502.753.00

 

RC is the rate of construction in respect of RCC Construction and LR is the Land Rate of open Land. FSI to be sanctioned on a Slum Rehabilitation scheme site may exceed 4.00.

 

Note - 1 : In Case of any Slum Redevelopment Scheme is in progress and any Slum redevelopment scheme where LOI has been issued, envisaging construction of rehabilitation tenements having individual carpet area of 25.0 sq.mt., if full occupation permission has not been granted and if it is structurally not feasible to provide rehabilitation tenements having individual carpet area as per these regulations, without having completely pull down and reconstructed the on-going rehabilitation building(s). Permissible sale component vis-à-vis rehab component shall be 1.25:1 subject to a maximum in-situ FSI of 4.0.

 

iv) Maximum FSI permissible that can be sanctioned on any slum site shall be 4.0 or the sum of the total of rehabilitation BUA plus incentive BUA, whichever is more, with a minimum tenement density of 650 per net hectare. Due to local planning constraints and the viability of the Slum Rehabilitation Project, the tenement density norms of 650 per net hectare may be reduced up to 25% by the Chief Executive Officer, SRA, subject to a minimum tenement density of 500 per net hectare. In such cases, the maximum permissible in-situ/total FSI shall be restricted to the sum of rehabilitation and incentive BUA which may be generated in the scheme after such relaxation of tenement density. The computation of FSI shall be done for both rehab and free-sale components in the normal manner, that is giving the benefit of what is set down in Regulation No.14.7.9(vi). The areas referred to in sub Regulations No.14.7.11(vi) and 14.7.13(ii) of this Regulation shall not be included for the computation of FSI, and the said areas shall be included for the computation of the rehab component. In all cases where permissible in situFSI cannot be utilized in situ the difference between permissible FSI and that can be constructed in situ, will be made available in the form of TDR in accordance with the provisions of Regulation 11.2.

 

v) Notwithstanding the provisions in (iv) above, the slum dweller society/NGO/Developer undertaking the scheme may opt to claim TDR in lieu of the sale component available for the scheme, on account of constraints such as height restrictions, uneconomical site conditions, etc.; if the full permissible FSI cannot be used on the same site, TDR may be allowed as may be necessary without consuming permissible FSI on the same site. However, TDR may be allowed only when the framework for one complete building in the rehab component is constructed or when 10% of the rehab component has been constructed on-site and the said TDR will not exceed 50 percent of the construction of the rehab component at any point of time till the total rehab component has been completed. On completion of the total rehab component balance TDR will be allowed.

 

vi) The rehabilitation component shall mean all residential tenements as well as non-residential built-up premises given free of cost in accordance with the provisions of the SRS outlined in this Regulation excluding what is set down in Regulation 14.7.9(vi) and including Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva kendra/library existing eligible religious structure, school, dispensary, gymnasium run by Public Authority or charitable trust etc. as per provision of 14.7.13(i) & (ii) but excluding built-up area given for buildable DP reservations.

 

vii) Notwithstanding anything contained in this regulation, if a rehabilitation project of a slum located on land belonging to a public authority and needed for a vital public purpose and where eligible slum dwellers which cannot be accommodated in the in-situ SRS of land under non-buildable reservations, is taken up on an unencumbered plot, TDR as per Regulation No.11.2 for the area of the land spared for this purpose shall be sanctioned to the owner of the said unencumbered plot and the TDR in lieu of cost of construction of BUA as per Regulation No.11.2 shall be permissible. For the purpose of this regulation, BUA shall be as per Regulation No.14.7.8(ii) of this Regulation. The following conditions shall be applicable for such scheme.

 

a) The Rehabilitation Project is approved by the SRA.

 

b) The tenements so constructed in the execution of the Project are offered to slum dwellers located on land belonging to Govt. or Public Authority and needed for vital public purposes and within 270 days from the date of issue of LOI the Agency shall identify the slum dwellers.

 

c) If the Agency fails to identify the slum dwellers needed to be shifted for a vital public purpose, as above, then the tenements so constructed shall be offered.

 

i) To the slum dwellers located on land belonging to the Government or Public Authority within a distance of 2 km. from the land on which the Project is undertaken, or

 

ii) To the slum dwellers located anywhere in the Corporation limit on lands belonging to Govt. or Public Authority.

 

d) Further provided that in all above cases, the relocation of slum dwellers, in any case, will be undertaken not with reference to individuals but with reference to the assembly of slum dwellers for the purpose of releasing the plot of land wholly from slums and not only the patches of land.

 

Provided further that, these provisions are also applicable to lands belonging to or leased out to or leased out by a Public Authority, a Statutory Authority, a Public Sector undertaking, or any Department of Government of India and a Joint Venture with any of them, subject to payment of premium for infrastructure development as applicable under Regulation No.14.7.14(ii) of this Regulation.

 

e)  No sale component shall be permissible.

 

f)  In the case of slums on municipal lands, there will be an option to exercise the powers of

CEO, SRA by the Municipal Commissioner with the prior approval of the Government.

 

viii) All non-residential built-up areas shall be included in the computation of minimum density but on the scale of 20.90 sq.m. of carpet area being one tenement.

 

Provided further that in case of slum redevelopment where there are no eligible commercial slum dwellers and where it is possible to provide commercial tenements on the ground floor, then in such cases commercial PAP tenements of the size of carpet area 20.90 Sq.m. (225 Sq.ft.) or of required size shall be provided as decided by CEO (SRA) and same shall be handed over free of cost to SRA.

 

Provided if SRS is undertaken by a Federation, Co-Op. The housing society consists of members who are serving or retired from State Govt. Employees/Employees of the State Govt. Undertakings/Employees of local bodies of State Government for providing housing to its members, such tenements which are generated over and above the tenements to be provided to the existing eligible hutment dwellers, shall be handed over back to the said Federation/Co.-operative Housing Society for providing housing to its above-mentioned members and subject to further additional terms and conditions as would be imposed by the CEO, SRA to ensure adequate membership of class III and class IV employees.

 

ix) Any land declared as a slum rehabilitation area or on which a slum rehabilitation project has been sanctioned, if it is spread on part or parts of C.S. Nos. or CTS Nos. or S.Nos.or F.P. Nos. shall be treated as natural amalgamation/subdivision/s of that C.S. or CTS or S.No. or F.P.No. for which no separate approval for amalgamation/subdivision of land would be necessary.

 

x) Boundaries and the Slum Rehabilitation Area shall be declared by the competent authority after actual measurement of plot area on site and the same shall be adopted for planning purposes for calculation of density and floor space index.

 

xi) The CEO, SRA may if required, adjust the boundary of the plot declared as a slum rehabilitation area so as to suit the building design and provide proper access to these schemes. Provided further that the encumbered area under D.P. Road/Sanctioned Regular line road abutting the SRS shall be included in the scheme to be developed.

 

xii) After approval is given to the Slum Rehabilitation scheme, the area may be further subdivided if necessary to earmark separate plots for the rehab component and the free sale component. The Plot area and the built-up area in terms of square meters on the said plot shall be separately mentioned in the lease agreements and Record of Rights.

 

xiii) The CTSO/SLR, of the district on payment of such fees as may be decided by the Govt. Ensure that the City Survey sheet and property cards are corrected accordingly and fresh property cards are opened for each of the plots giving details regarding the area of the plots and the total area of the floors of the built-up property and TDR given that is, the FSI used on that plot.

 

14.7.9 Temporary Transit Camps

 

i) The multi-storeyed temporary transit camp shall be provided on the site itself or outside the SRA project site on a portion of the plot that is not designated/reserved for public purpose or not affected by road widening and is preferably close to the site.

 

ii) The eligible slum dwellers shall be shifted to a temporary transit camp or on rent as may be mutually decided between the proposed society and developer.

 

ii) The area of temporary transit tenements shall be excluded from the computation of FSI, but the safety of the structure shall be ensured by a licensed structural consultant. The minimum area of individual transit tenement shall be 14.5 Sq.m.

 

iv) Such building permission shall be given within 15 days from the date of application and after approval of the project by the Slum Rehabilitation Authority, failing which it shall be deemed to be given.

 

v) On any nearby vacant site without any reservation in the DP construction of temporary transit tenements made of light material with the consent of the landowners, shall be allowed up to an FSI of 3.0 and this shall be applicable. Temporary shall mean made of detachable material such as tubular/prefabricated light structures.

 

vi) In all such cases where the temporary transit camp is erected, the condition shall be that the structures shall be demolished by the Developer/Society/NGO within 30 days of granting an Occupation Certificate to the rehab buildings and the site should be brought back to the original state. Till the transit camps are fully demolished, development rights for the free sale area shall not be permitted to be used beyond 75% of the total admissible free sale area permissible under this Regulation.

 

14.7.10 Commercial/Office/Shop/Economic Activity Free of Cost

 

i)  The eligible existing area under commercial/office/economic activity shall be computed on actual measurement/inspection, and/or on the basis of official documents such as a License under the Shops and Establishment Act, Electricity bills, Photo passes, etc.

 

ii)  In the rehabilitation component, the BUA for commercial/office/shop/economic activity that existed prior to the date as decided by the Government subject to the provisions in the sub-regulation below shall be given. Where a person has both residential and commercial premises without a common wall between residential and commercial premises, for commercial/office/shop/economic activity in the slum/pavement, he shall be considered eligible for a residential/Commercial unit including BUA for commercial/ office/ shop/ economic activity, both free of cost and carpet area of such unit shall not exceed 27.88 sq.m.

 

iii) BUA for commercial/office/shop/economic activity up to 20.90 sq.m. (225 sq.ft.) carpet area or actual area whichever is less, shall be provided to the eligible person free of cost as part of the rehabilitation project. Any area in excess of 20.90 sq.m. to the extent of the existing area may, if required, be sold on a preferential basis at the rate for the commercial area in the free-sale component.

 

For this purpose, “carpet area” as per (i) and (ii) above means the net usable floor area within a tenement excluding that covered by the walls or any other areas specifically exempted from floor space index computation as per prevailing Regulation.

 

iv) Such area may be allowed on any side of the plot abutting 3.0 m. wide pathway and deriving access from 3.0 m. wide pathway/open space. Back-to-back shopping on the ground floor shall also be allowed for the purpose of rehabilitation. After exhausting these provisions, it may be allowed on the first floor to the extent necessary.

 

v) All activities which were previously existed shall be allowed to be relocated regardless of the non-conforming nature of the activities, except those that are hazardous and highly polluting, and except in cases where the alternative accommodation has already been allotted elsewhere by the Municipal Corporation.

 

vi) Convenience shopping in the free-sale component shall be permitted along the layout roads. The CEO, SRA may add to alter, or amend the said list for convenience shopping.

 

vii) Incentive Commercial Areas for Society and NGO -

 

a) The scheme, when undertaken by a Co-operative Housing Society of slum dwellers, may provide an additional 5 percent built-up area on the rehabilitation area free of cost for commercial purposes. This area will be at the disposal of the Co-operative Housing Society of the hutment-dwellers. The corpus amount shall not be spent, but the income from the property/corpus alone shall be used by the Society for maintenance of the building and premises, and such other purposes as may be laid down by the SRA.

 

b) Where the scheme is undertaken by a Non-Government Organization Govt. or Public Authority or Govt. Company another additional 5 percent BUA on the rehabilitation area may be given free of cost for commercial purposes. This area shall be at the disposal of the Non-Governmental Organization Govt. or Public Authority or Govt. Company in consultation with the co-operative housing society.

 

14.7.11 Relaxation in Building and Other Requirements

 

i) A separate kitchen shall not be necessary. Cooking space (alcove) shall be allowed without any minimum size restrictions. Where a kitchen is provided, the minimum area shall be 5.0 Sq.m. provided the width shall be at least 1.5 m.

 

ii) There shall be no size restriction for bath or water closet units. Moreover, for the bathroom, water closet, or kitchen, there shall be no stipulation of one wall abutting open space, etc. as long as artificial light & ventilation through any means are provided.

 

iii)  In water closet flushing system shall be provided with a minimum seat size of 0.46 m. (18 inches).

 

iv) A septic tank filter bed shall be permitted with a capacity of 150 liters per capita, where the municipal services are likely to be available within 4-5 years.

 

v) In the rehabilitation component, a lift shall not be insisted upon, up to ground plus five floors.

 

vi) Notwithstanding anything contained in this regulation, areas of common passages not exceeding 2.0 m. in width provided in the rehabilitation component to give access shall not be counted towards FSI even while computing FSI on site.

 

vii) Where the location of the plot abuts a nallah, the marginal open space along the nallah shall not be insisted upon beyond 3.0 m. from the edge of the trained nallah, provided at least on one side of nallah, marginal open space of 6.0 m. is provided.

 

viii) The distance between any two rehabs./composite buildings shall be as follows - a) For buildings with height up to 40.0 m. – Min. 6.0 m.


b) For buildings with a height above 40.0 m. up to 50.0 m. – Min. 7.50 m.


c) For buildings with height above 50.0 m. up to 70.0 m. – Min. 9.0 m.

 

d) For a building with a height above 70.0 m. – Min. 12.0 m.

 

The marginal distances from the front side and rear boundaries of the plot shall be maintained as follows -

 

a) If the slum rehabilitation site fronts on one or more roads, every side abutting on such roads shall be treated as the front side & marginal distances prescribed below for such front side shall apply. The front marginal distance shall be measured from the proposed road widening line in the plot, if any.

 

b) In congested areas, the front marginal distance shall be a minimum of 1.5 m.

 

c)  In a non-congested area the front marginal distance shall be a minimum of 4.5 m. for purely residential buildings and 6.0 m. for mixed-use buildings.

 

d) The side and rear marginal distances from the side and rear boundaries of the plot shall be a minimum of 3.0 m. for heights up to 24.0 m. It shall be increased proportionately with an increase in height above 24.0 m., but shall not exceed 6.0 m. for heights up to 45.0 m. For building height more than 45.0 m. relaxation to the extent of 50% in all marginal distances may be given, subject to a minimum of 6.0 m.

 

e) Front marginal open spaces for buildings having height up to 24.0 m. in the rehab- -component or composite building shall be 4.5 m. & 6.0 m. for buildings having a height of more than 24.0 m.

 

ix) A composite building shall contain at least 50 percent of the built-up area as rehabilitation components.

 

x) Wherever more than the minimum front and marginal spaces have been provided, such additional area provided may be considered as part of the amenity open space in the project comprising both rehabilitation and free sale components, and without charging any premium.

 

xi) Even if the amenity space is reduced to make the project viable a minimum of at least 8% of amenity open space shall be maintained at ground level.

 

xii) Between the dimensions prescribed for the pathway and marginal distances, the larger of the two shall prevail. The pathway shall act as access wherever necessary. The building shall be permitted to touch pathways.

 

xiii) The means of access shall be normally governed by the provisions of Regulation No.3.2. However, in the project, wherever the design of the buildings in the same land requires relaxation, it may be given. Access through existing pathways including the roads maintained under the relevant section of the MMC Act, 1949 but not less than 3.6 m. in width, shall be considered adequate for any slum rehabilitation project, containing buildings having heights up to 24.0 m. including stilts.

 

xiv) Premium shall not be charged for exclusion of staircase and lift-well etc.


xv) All relaxations outlined hereinabove shall be given to the rehabilitation component, and also to the composite buildings in the project. Premium shall not be charged for all or any of the relaxations given hereinabove. Provided that if any further relaxation in open spaces is granted by the Chief Executive Officer then the same shall be subject to compliance of the CFO requirement and recovery of premium at the rate of 2.5% of ASR. In the case of Slum Rehabilitation Schemes under this regulation, the amount of premium shall be computed as per the ASR rate prevailing at the time of issue of IOA and the same shall be recovered at the time of grant of full occupation permission to the respective building. All other redevelopment schemes shall be governed by their respective regulations.

 

xvi) Relaxations for the free sale component - Relaxation contained in sub-Regulation No

(viii) above, as well as other necessary relaxations shall be given to the free sale components on payment of premium at the rate of 2.5% of Ready Reckoner Rate or 10% of normal premium whichever is more.

 

xvii) In order to make the SRS viable, the CEO of SRA shall be competent to make any relaxation wherever necessary for reasons to be recorded in writing.

 

xviii) For rehabilitation tenements, car parking at the rate mentioned in these regulations shall be provided or one parking space per tenement for two-wheelers shall be provided. The above parking spaces may be provided in any combination.

 

14.7.12 Slums and Development Plan Reservations :

 

Slums situated in lands falling under various reservations/zones in the D.P. shall be developed in accordance with the following provisions.

 

i) Slums in any zone shall be allowed to be redeveloped in situ without going through the process of change of zone. In the free-sale component in any zone, in addition to residential uses, all the uses permitted for the original zone shall be permitted. For industrial uses, the segregating distance shall be maintained from the existing industrial unit.

 

a) Any plot/layout having an area under non-buildable/open space reservations measuring up to 500 Sq.m. shall be cleared by shifting the slum-dwellers from that site.

 

b) Where the area of the site having non-buildable/open space reservation, is more than 500 Sq.m. such sites may be allowed to be developed for slum redevelopment subject to the condition that the ground area of the land so used shall not be more than 65% of the reservation and leaving 35% rendered clear thereafter for the reservation.

 

ii) Existing slum structures on lands reserved for Municipal Schools/Primary and secondary schools or a Higher Education may be developed subject to the following :-

 

a) In case of land reserved for Municipal School, Primary and secondary school in the D.P., a building for accommodating the such number of students as may be decided by the Municipal Commissioner, nor in any case for less than 500 students, shall be constructed by the owner or developer at his cost according to the size, design, specification, and conditions prescribed by the Municipal Commissioner. The built-up area occupied by the constructed building shall be excluded for the purpose of FSI computation, and where it is intended for a Municipal School, the building or part thereof intended for the school use shall be handed over free of cost and charge to the Corporation. Thereafter, the land may be allowed to be redeveloped with the full permissible FSI of the plot according to this Regulation.

 

b) In the case of lands affected by the designation or reservation of a Higher Education in the D.P., a building for accommodating such number of students as may be decided by the Municipal Commissioner, not in any case for less than 800 students, shall be constructed by the owner or developer at his cost according to the size, design, specification and conditions prescribed by the Municipal Commissioner, the built-up area occupied by the constructed building shall be excluded for the purpose of FSI computation. The constructed building shall be handed over to the Corporation free of cost and charge and the Authority may hand over the same or part thereof intended for the School use to a recognized and registered educational institution for operation and maintenance on terms decided by him. Thereafter the land may be allowed to be redeveloped with full permissible FSI of the plot according to this Regulation.

 

c) In case the area under reservation of Municipal School/Primary and secondary school or a Higher Education is spread on an adjoining plot and the plot under development, then in such cases Commissioner with special permission may insist upon the construction of a Municipal School or a Higher Education in proportion to the area under reservation affecting the plot under development. Requirements of Play Ground as per these regulations may not be insisted for (i) above.

 

iii) For other buildable reservations excluding Municipal Schools or a Higher Education on lands under a slum built-up area equal to 25 percent of the area under that reservation in that plot, shall be demanded free of cost by the Slum Rehabilitation Authority for the Municipal Corporation or for any other appropriate Authority.

 

iv) In case of the plot reserved for the Parking Lot 125% of the built-up area as per zonal basic permissible FSI of such reserved area shall be handed over to the Municipal Corporation.

The developer/owner shall be entitled to the Built-up Area (BUA) in lieu of the cost of construction against handing over of built-up amenity.

 

v) Existing slum structures on lands reserved for Rehabilitation & Resettlement shall be treated as sites for the development of slum structures and shall be allowed for redevelopment according to this Regulation.

 

vi) Slum Rehabilitation Permissible on Town Planning Scheme Plots :-


Slum Rehabilitation scheme can be taken up on the final plots of the Town Planning

Scheme, as per these regulations and further as per conditions given below.


a) Such slum should be notified slum.


b) If the owner of a final plot in the Town Planning Scheme has already accepted or accepts

the possession of the plot along with encroachments and has developed/develops the remaining vacant plot with full permissible FSI of the entire Final Plot retaining encroachments on his plot, then the slum rehabilitation scheme on the encroached plot shall be developed as follows :-

 

i) The Slum Rehabilitation Scheme shall be entitled to FSI as per these regulations.

 

ii) The owner of the Final plot can develop the slum rehabilitation scheme subject to the condition that the in-situ FSI of the scheme shall be reduced to the extent of the FSI of such encroached plot already utilized in the remaining vacant plot.

 

iii) The owner shall demarcate the area in his plot that is occupied by the slum encroachments and transfer such land in the name of the Authority. The Authority on its own or through the Co-Op Housing of Hutment dwellers may initiate a Slum Rehabilitation Scheme on the encroached area of the Final Plot. Further, the Authority shall record the number of tenements, names of occupiers, and area occupied of the time of granting permission.

 

14.7.13 Anganwadi, Health Centre / Outpost, Community Hall /Gymnasium / Fitness Centre, Skill Development Centre, Women Entrepreneurship Centre, Yuva Kendra / Library Society Office, and Religious Structures :

 

i) There shall be a Balwadi, a Welfare hall, and any of the two amenities mentioned above. There shall be a health Centre/outpost, Anganwadi, skill development center, women entrepreneurship center, yuva Kendra / library of size 27.88 sq.m. for every multiple or part of 250 hutment dwellers. In case of misuse, it shall be taken over by the SRA which will be competent to allot the same to some other organization /institution for public use. Balwadi shall also be provided for on a similar scale. An office for the Co-operative housing society shall be also constructed for every 100 rehab tenements in accordance with these Regulations. However, if the number of rehab tenements exceeds 100 then for every 100 rehab tenements such additional society office shall be constructed. There shall be a community hall for rehab bldg. of the Project as a part of the rehabilitation component. The area of such a hall shall be 2% of the rehab built-up area of all the buildings or 200 Sq.m. whichever is less.

 

Religious structures existing prior to redevelopment, if allowed in accordance with the guidelines issued by the Government from time to time as part of redevelopment shall not exceed the area that existed before redevelopment. Other social infrastructure like Schools, Dispensaries, and Gymnasiums run by Public Authority or Charitable Trusts that existed prior to the redevelopment shall be allowed without an increase in the existing area.

 

However, it is provided that in the slum rehabilitation project of less than 250 hutments, there shall be a Balwadi, a Welfare hall, and any of the two amenities mentioned above, as decided by the co-operative housing society of slum dwellers, of the size of 27.88 Sq.m. and office for the Co-operative housing society in accordance with these Regulations.CEO, SRA may permit the accumulation of the amenities mentioned above but ensure that it shall serve equitably to the rehab area.

 

ii) All the areas underlying Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva kendra/library community hall/s, society office, balwadi/s, religious structure/s, social infrastructure like School, Dispensary, Gymnasium run by Public Authority or Charitable Trust, the commercial areas given by way of incentives to the co-operative society and the non-government organization shall be free of cost and shall form part of rehabilitation component and it is on this basis the free-sale component will be computed.

 

iii) Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva kendra / library society office, Balwadi/s and religious structures, social infrastructure like School, Dispensary, and Gymnasium run by Public Authority or Charitable Trust in the rehab component shall not be counted towards the FSI even while computing permissible FSI on site.

 

14.7.14 Payments to be made to SRA and Instalments :

 

i)  An amount of Rs.40,000/- or such an amount as may be decided by the Planning Authority from time to time per tenement including the welfare hall and balwadi in the rehab component as well as in the case of permanent transit camp tenements will have to be deposited by the owner/developer/society with the Slum Rehabilitation Authority, in accordance with the time-schedule for such payment as may be laid down by the CEO, SRA. However, by the time of completion of construction for occupation of tenements by the hutment dwellers, the total amount at the rate of Rs.40,000/- per tenement completed should have been deposited in full. The building permission for the last 25 percent of the free-sale component would be given only after all the required amount is deposited in full with SRA.

 

ii)  An amount at the rate of 2% of ready reckoner rate as prevailing on the date of issue of LOI per Sq.m. such an amount as may be decided by GOM from time to time shall be paid by the Owner/Developer/Society/NGO for the BUA over and above the Zonal (basic) FSI, for the rehabilitation and free-sale components. This amount shall be paid to the SRA in accordance with the time schedule for such payment as may be laid down by the CEO, SRA provided the installments shall not exceed beyond the completion of construction. This amount shall be used for Schemes to be prepared for the improvement of infrastructure in slum or slum rehabilitation areas. These infrastructural charges shall be in addition to development charges levied as per section 124 of M.R. & T.P. Act, 1966.

 

Provided that out of the amount so recovered as Infrastructural charges, 90% amount will go to the Municipal Corporation and 10% amount will remain with SRA.

 

14.7.15 Conversion of Old Project into New Project :

 

i) Projects, where LOI has been granted, shall be treated as per the provisions existing on the date of LOI. In case such a project comes up for a revised LOI or change of developer or any other change, including recording and resubmission without change in slum boundary, these regulations shall apply. Provided further that for amalgamation of schemes being sought and for schemes that have been sanctioned under different regulations (earlier as well as current ones), FSI calculations shall apply as per these regulations.

 

ii) Exceptions

 

a)  Schemes approved prior to coming into force of these Regulations :-

 

The slum rehab schemes where LOI has been issued by SRA prior to the date of coming into force of these Regulations and which is valid may continue to be governed by the regulation applicable prior to these Regulations.

 

b)  Wherever the S.R. Scheme sanctioned by the CEO (SRA) is under progress on reservations shall be valid & continue.

 

iii) In case of conversion of old SRD Scheme to new S.R.Scheme on land owned by Govt. Semi-Govt. undertaking and local bodies, the developer shall pay the premium at the rate of Twenty-Five percent of land value as per the ASR in proportionate to the difference of FSI sanctioned in the old SRD Scheme and new S.R.Scheme. Payment of premium shall not be applicable to those schemes wherein the lease is already executed by concerned authorities.

 

14.7.16 Provision relating to Permanent Transit Camp Tenements for Slum Rehabilitation Scheme implemented on open plot / non-slum plot.

 

Total FSI on plot area may be allowed to be exceeded up to 4 for construction of Transit Camp tenements for SRA.

 

i) The FSI land distribution of additional FSI for the construction of Transit Camp Tenements shall be as shown below –

 

Minimum Road WidthTotal Permissible FSIZonal FSIAdditional FSIRSI for transit tenements for SRA of total additional FSI% FSI for sale component of total add FSI
Below 9.00 m.up to 3.001.00up to 2.0050%50%
9.00 m. and aboveup to 4.00 1.00up to 3,0050%50%

 

ii) Such schemes shall not be permissible on lands reserved in the Development Plan and Zone in which Residential development is not permissible.

 

iii) Transit tenements for SRA out of additional FSI could be used for construction of Transit Camp of tenements having carpet area of 27.88 Sq.m. Ground floor shall be used for commercial tenement having carpet area of 20.90 Sq.m. (225sq.ft.) for project affected commercial tenements and same shall be handed over free of cost to SRA. Alternatively, residential tenements can be used for Government Staff Quarters, etc.

 

iv) Provision of Anganwadi, Health Centre/Outpost, Community Hall/Gymnasium/Fitness Centre, Skill Development Centre, Women Entrepreneurship Centre, Yuva Kendra/Library, Society Office, Balwadi, shall be as per Regulation No.6.14.4 of this DCR to these transit camps 25% of basic FSI shall be exclusively used for the purpose of shops along layout road for use of residential occupants of the layout.

 

v) Additional FSI over and above basic FSI may be released in co-relation to the BUA of the tenements that are required to be handed over free of cost to SRA/Authority as the case may be. Alternatively, TDR in lieu of unconsumed sale component of additional FSI, as per this Regulation, may be permitted for Permanent Transit Camp (PTC) for which SRA will be the Planning Authority.

 

vi) Only after the Transit Camps are handed over free of cost to the SRA, the Occupation Certificate, water connection, power connection, etc. for the other portion shall be given by the Appropriate Authority.

 

vii) Clubbing - The entire rehabilitation components including base FSI may be categorised as rental housing and permanent transit components as applicable and the corresponding sale components from the additional FSI amongst two or more schemes under this regulation can be permitted to be interchanged. A developer/developer making an application under this regulation may club more than one plot belonging to a single or multiple owners and offer permanent transit component on a single plot while shifting sale component as well as base FSI of the plot to other plot agree and make a joint application. However, clubbing shall be allowed only if it leads to an independent plot/building/wing as the case may be with a permanent transit component being handed over to the Authority.

 

The developer shall have to pay a premium equal to 40% of unearned income calculated with the rates of construction as well as sales given in ASR of the year of payment. The unearned income shall be computed by calculating the valuation of the sale component awarded in lieu of the component for the Authority after deducting the cost of construction of the sale as well as the Authority's component and the cost incurred to various authorities towards statutory payments relating to the Authority as well as sale component. In case there is a shifting of base FSI within plots in the clubbing scheme, the difference of land valued in ASR shall be taken into account while finalizing unearned income, and this difference shall be calculated as 100% towards premium.

 

Such clubbing can be allowed for the schemes falling within a distance of 5 Km.

 

The premium shall be paid to the Authority in two stages 50% at the time of IOA and 50% at the time of issuing C.C. for the incentive FSI, or the developer has to surrender equivalent sale FSI in the form of constructed BUA to the extent of premium in the scheme to be valued at ASR rate of sale in the year of such surrender of built-up area.

 

Note - Out of the total premium amount so collected under the rehabilitation scheme under this these Regulations, 2/3rd shall be kept in a separate account to be utilized as a shelter fund for the State of Maharashtra and 1/3rd shall be deposited at the District Office of the Town Planning Department.

 

Related Regulations

 

You can visit our other blogs related to Regulations 14 through the below-mentioned links:

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park in UDCPR 2020

 

Slum Rehabilitation for Pune, PCMC, PCNTDA, and Nagpur in UDCPR 2020

 

Urban Renewal Scheme in UDCPR 2020

 

Conservation of Heritage Buildings, Precints, Natural Features in UDCPR 2020

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Rain Water Harvesting in UDCPR 2020

UDCPR 2020 Chapter 13 is all about the Special Provisions for Certain Buildings as per mentioned in the UDCPR 

 

This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

 

Rule No. 13.3 Rain Water Harvesting

 

The provision for Rain Water Harvesting shall be made as under :-

 

a)  All the layout open spaces/amenity spaces of housing societies and new constructions/reconstruction/additions on plots having an area not less than 500 sq.m. shall have one or more Rain rainwater harvesting structures having a minimum total capacity as detailed in Schedule.

 

Provided that the Authority may approve the Rain Water Harvesting structures of specifications different from those in Schedule, subject to the minimum capacity of Rain Water Harvesting being ensured in each case.

 

b) The owner/society of every building mentioned in the (a) above shall ensure that the Rain Water Harvesting System is maintained in good condition for storage of water for non-potable purposes or recharge of groundwater at all times.

 

c) The Authority may impose a levy of not exceeding Rs.1000/- per annum for every 100 sq.m. of built-up area for the failure of the owner of any building mentioned in the (a) above to provide or to maintain Rain Water Harvesting structures as required under these regulations. Failure to provide a Rain Water Harvesting System shall deemed to be a breach of the conditions on which the development permission has been granted.

 

Schedule

 

Rainwater harvesting in a building site includes storage or recharging the groundwater by rainwater falling on the terrace or any paved or unpaved surface within the building site. The following systems may be adopted for harvesting the rainwater drawn from a terrace and the paved surface.

 

i) Open well of a minimum of 1.0 m. diameter and 6.0 m. in depth into which rain water may be channeled and allowed to filter for removing silt and floating material. The well shall be provided with ventilating covers. The water from the open well may be used for non-potable domestic purposes such as washing, flushing and for watering the garden etc.

 

ii) Rain Water Harvesting for recharge of ground water may be done through a bore-well around which a pit of 1.0 m. width may be excavated up to a depth of at least 3.0 m. and refilled with stone aggregate and sand. The filtered rainwater may be channeled to the refilled pit for recharging the bore well.

 

iii)  An impressive surface/underground storage tank of required capacity may be constructed in the setback or other open spaces and the rainwater may be channeled to the storage tank. The storage tank shall always be provided with ventilating covers. It shall have draw-off taps suitably placed so that rainwater may be drawn off for domestic, washing, gardening and such other purposes. The storage tank shall be provided with an overflow.

 

iv) The surplus rainwater, after storage, may be recharged into the ground through percolation pit trenches or a combination of pits and trenches. Depending on the geomorphological and topographical conditions, the pits may be of a size of 1.20 m. width X 1.20 m. length X 2.0 m. to 2.50 m. depth. The trenches can be of 0.60 m. width X 2.0 to 6.0 m. length X 1.50 to 2.0 m. depth. Terrace water shall be channeled to pits or trenches. Such pits or trenches shall be backfilled with filter media comprising the following materials :-

 

a) 40 mm stone aggregate as the bottom layer up to 50% of the depth.

 

b) 20 mm stone aggregate as the lower middle layer up to 20% of the depth.

 

c) Coarse sand as upper middle layer upto 20% of the depth.

 

d) A thin layer of fine sand as a top layer.

 

e) Top 10% of the pits/trenches will be empty and a splash is to be provided in this portion in such a way that rooftop water falls on the splash pad.

 

f) Brick masonry wall is to be constructed on the exposed surface of pits/trenches and the cement mortar plastered. The depth of the wall below ground shall be such that the wall prevents lose soil from entering into pits/trenches. The projection of the wall above ground shall at least be 15 cm.

 

g) Perforated concrete slabs shall be provided on the pits/trenches.

 

h) If the open space surrounding the building is not paved, the top layer up to a sufficient depth shall be removed and refilled with coarse sand to allow percolation of rainwater into the ground.

 

v) The terrace shall be connected to the open well/bore-well/storage tank/recharge pit/trench by means of HDPE / PVC pipes through filter media. A valve system shall be provided to enable the first washing from the roof or terrace catchment, as they would contain undesirable dirt. The mouth of all pipes and openings shall be covered with mosquito (insect) proof wire net. For the efficient discharge of rainwater, there shall be at least two rainwater pipes of 100 mm. dia. for a roof area of 100 sq.m.

 

vi) Rain Water Harvesting structures shall be sited so as not to endanger the stability of the building or earthwork. The structure shall be designed such that no dampness is caused in any part of the walls or foundation of the building or those of an adjacent building.

 

vii) The water so collected/recharged shall as far as possible be used for non-drinking and non-cooking purposes. Provided that when the rainwater in exceptional circumstances is utilized for drinking and/or cooking purposes, it shall be ensured that proper filter arrangement and a separate outlet for bypassing the first rainwater has been provided.

 

Provided further that, will be ensured that for such use, proper disinfectants and the water purification arrangements have been made.

 

The structures constructed under this provision shall not be counted toward FSI computation.

 

Related Regulations

 

You can visit our other blogs related to Regulations 13 through the below-mentioned links:

 

Solid Waste Management in UDCPR 2020

 

Grey Water Recycling And Reuse in UDCPR 2020

 

Provisions for Barrier-Free Access in UDCPR 2020

 

Installation of Solar Assisted Water Heating (SWH) System, Roof Top Photovoltaic (RTPV) System in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

UDCPR 2020 Chapter 14 is all about the Special Schemes as per mentioned in the UDCPR 

 

This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

 

Rule No. 14.10 Integrated Information Technology Township (IITP)

 

Integrated Information Technology Township (IITP) shall be allowed in Residential, Commercial, Public Semi-public, Industrial, and Agricultural Zone in Development Plan and Regional Plan areas and shall be governed by the provisions mentioned herein below.

 

14.10.1 Area Requirement

 

Any suitable area in the Regional Plan or Development plan having access by means of an existing road or a proposed Regional Plan/Development Plan road having a minimum width of 18.0 m. can be identified for the purpose of development as Integrated IT Township. The area notified under the Integrated IT Township shall be one continuous, unbroken, and uninterrupted and in any case shall not be less than 10 acres. (4 Ha.) at one place.

 

(Explanation - If such minimum 10 acres. (4 Ha.) area proposed to be developed under an Integrated IT Township is divided by one or more water courses (such as nallahs, canal, etc.) existing or proposed roads of any width or railways, etc. then such area shall be considered to be continuous, unbroken and uninterrupted, subject to the condition that the developer shall construct necessary connecting roads or bridges as per site requirements at his own cost with due permission from concerned authorities.) The area under any Integrated IT Township shall not include the area under notified forest, water bodies like rivers, creeks, canals, reservoirs, tribal lands, lands falling within the belt of 500 m. from the High Flood Line (HFL) of major lakes, lands in the command area of irrigation projects, land falling within the belt of 200 m. from the historical monuments and places of Archeological importance, Archeological monuments, heritage precincts and places, any restricted areas, notified national parks, gaothan areas or congested areas, Defense areas, Cantonment areas, truck terminus especially earmarked on Development plan, area under Eco-sensitive Zone, other environmentally sensitive areas, Quarry Zone, notified areas of Special Economic Zone (SEZ) and designated airport areas. However, such Integrated IT Township may include private land under the Hill-Top and Hill-Slope Zone, whether earmarked on a Regional plan/Development plan or not, and private land in A forestation Zone.

 

Provided that, the area of lands in such Hill-Top and Hill-Slope Zone and a forestation Zone shall not exceed 40 percent of the gross area of the project and such area shall be shown towards 50% area to be kept permanently open where no development activity shall be permissible under such project. The said areas shall be developed for tree plantation as per the norms specified. However, for the purpose of calculation of the Floor Space Index (FSI), such areas shall be excluded.

 

14.10.2 Planning Considerations

 

The project has to be an integrated project. The Integrated IT Township should necessarily provide land for the following users :-


1. Information Technology (Industrial)


2. Residential

 

3. Commercial


4. Educational


5. Amenity Spaces


6. Health Facilities


7. Parks, Gardens & Playgrounds 8. Public Utilities


9. Transport and Communication

 

14.10.3 General Norms for Different Land Use

 

Out of the total area notified as “Integrated IT Township,” 50% FSI shall be used for IT/ITES activities and 50% FSI for the development of residential and commercial activities provided that 20% area shall be kept for Park/Play Ground / Garden of total IITP.

 

Residential and commercial activities shall include malls, cinemas, theaters, public auditoriums and multiplexes, showrooms for all types of merchandise, hospitals, nursing homes, schools and colleges, training institutes and hostels related to them, and hotels. The development of an entire township, i.e.,  50% area for IT / ITES and 50% other area can take place simultaneously but the developer will have to ensure that the sale/lease of both areas is proportionate. To ensure this occupation certificate for commercial, residential, and support services shall be given only after the development of infrastructure facilities in the area earmarked for IT/ITES activities and the occupation certificate is granted by the Authority and after 1/3rd area kept for IT/ITES activity is occupied.

 

14.10.4 FSI In integrated I.T. Township

 

The maximum permissible FSI on the gross area of the notified Integrated IT Township shall vary as follows :-

 

For Integrated IT Township located in Pune, Pimpri-Chinchwad, Greater Mumbai, Thane, Navi Mumbai, Kalyan-Dombivali, Mira-Bhayandar, Ulhasnagar, Nagpur Municipal Corporations and Ambarnath Municipal Council limits the permissible FSI shall be 2.5. For the rest of the areas in the State, the permissible FSI shall be 2.00. For land in the Agricultural zone in all areas, it shall be 1.00. The premium chargeable shall be as mentioned in Maharashtra's Information Technology/Information Technology Enabled Services Policy (IT / ITES) - 2023 issued by Industries, Energy & Labour Department vide Government Resolution No. ITP-2021/ CR-170) Ind-2, dated 27th June, 2023 as amended from time to time. Floating of FSI shall not be permissible from the area of IT/IT use to the area of Support Activities or vice versa, but floating of FSI shall be permitted within the respective areas of IT/ITES and Support Activities separately.

 

14.10.5 

 

i) Provisions of these DCPR as well as provisions of MoEF and CRZ notification, wherever applicable, issued & as amended from time to time shall be applicable mutatis-mutandis to the Integrated IT Township except those expressly provided in these Regulations.

 

ii) In the event the Integrated IT Township contains sites reserved for public purposes (buildable reservations) in the Regional plan/Development plan, for which the Appropriate Authority is any department of State Govt./Central Govt. or any Government undertaking, the developer shall construct the amenity as per the requirement of the concerned department and hand over the constructed amenity free of cost to that Department. Upon such handing over the constructed amenity, the developer would be entitled to utilize additional floor space over and above the FSI permissible within the Integrated IT Township (equivalent to the built-up area of the constructed amenity) anywhere within the Integrated IT Township.

 

iii) In every Integrated IT Township proposal the Structural Designer of the developer has to submit a declaration with a project report to the Authority about the construction of buildings below :

 

`I have confirmed that the proposed construction in the scheme is as per norms as specified by Bureau of Indian Standard for the resistance of earthquake, fire safety &natural calamities'.

 

iv) In Integrated IT Township being developed in Residential and other zones mentioned above and Agricultural/Green Zone/No Development Zone, trees at a rate of a minimum of 100 trees per Ha. and 200 trees per Ha. respectively shall be planted and maintained by the developer.

 

14.10.6 Infrastructure Facilities

 

The entire onsite infrastructure in the Integrated IT Township along with the access road shall be provided and maintained by the developer. However, it would be obligatory on the part of the developer to provide all basic infrastructures on at least 75% area under the Integrated IT Township within 3 years from the date of sanction of development proposals by the Authority; failing which bank guarantee submitted by the project proponent/s shall be forfeited.

 

The Project Proponent/s shall submit a bank guarantee of an amount equal to the 15% of the estimated development cost required for the development of the basic infrastructure such as roads, water supply, drainage & garbage disposal, installations for power supply, fire brigade station & fire engines. Such development costs be worked out as per respective phases taking into consideration the phased program for the development of infrastructure with amenities under the project as submitted. A certificate regarding the estimated development cost shall be produced by the respective Architect of the project.

 

14.10.7 Water Supply

 

The developer shall be required to develop the source for drinking water (excluding the groundwater source) or secure firm commitment from any water supply Authority for meeting the daily water requirement of a minimum of 140 liters per capita per day, exclusive of the requirement of water for firefighting and gardening. The storage capacity of the same shall be at least 1.5 times of the actual required quantity as determined by the expected population (Resident and Floating) and other uses. The developer would be required to develop proper internal distribution and maintenance systems and shall especially undertake rainwater harvesting, groundwater recharging, and wastewater recycling projects within the Integrated IT Township.

 

14.10.8 Drainage and Garbage Disposal

 

The developer shall make suitable and environment-friendly arrangements for the disposal and treatment of sewage and solid waste as per the requirements of the Maharashtra Pollution Control Board. Recycling of grey water for gardening shall be undertaken by the developer.

 

The developer shall develop an eco-friendly garbage disposal system by adopting the recycling and bio-degradation system in consultation with the Maharashtra Pollution Control Board.

 

14.10.9 Power

 

The developer shall ensure continuous and good quality power supply to the Integrated IT Township area. The developer may draw the power from the existing supply system or may go in for arrangement of captive power generation with the approval from concerned Authorities. If the power is drawn from an existing supply system, the developer shall before commencement of development, procure a firm commitment of power for the entire Integrated IT Township from the power supply company.

 

14.10.10 Environment

 

The development contemplated in Integrated IT Township shall not cause damage to ecology. In no case, it shall involve topographical changes, changes in the alignment of a cross-section of the existing watercourse, if any in the scheme are, or adjustments to the scheme area. Environmental clearance shall be obtained from the Ministry of Environment and Forest, Government of India as per directions issued by the MoEF's Notification dated 7th July, 2004, and as amended from time to time. The Integrated IT Township shall provide at least 20% of the total area as a park/garden/playground, with proper landscaping and open uses designated in the Integrated IT Township shall be duly developed by the owner/developer. This amenity shall be open to the general public without any restriction or discrimination.

 

14.10.11 Special Concession

 

a) N.A. Permission : Non-agriculture permission will be automatic. As soon as the scheme is approved, lands under such Integrated IT Townships area shall be deemed to have been converted into non-agriculture and no separate permission is required.

 

b) Grant of Government Land : Any Government land falling under the Integrated IT Township area shall be leased out to the developer at the prevailing market rate on usual terms and conditions, without any subsidy.

 

c) Relaxation from Mumbai Tenancy and Agriculture Land Act : The condition that only the agriculturist will be eligible to buy the agricultural land shall not be applicable in the Integrated IT Township area.

 

d) Ceiling of agriculture land : - There shall be no ceiling limit for holding agriculture land to be purchased by the owner/developer for the Integrated IT Township project.

 

e) Exemption from Urban Land (Ceiling and Regulation) Act, 1976 : Integrated IT Township projects will be exempted from the purview of the Urban Land (Ceiling and Regulation) Act, 1976.

 

f) Staggered payment facility for a premium to be paid for additional FSI shall be allowed to be paid in two installments but within a year or on the date of obtaining the Occupancy/Part Occupancy Certificate, which is earlier.

 

14.10.12 Sale Permission

 

It would be obligatory on the part of the developer firstly to provide for basic infrastructure and as such no permission for the sale of a plot/flat shall be allowed unless the basic infrastructure is provided by the developer to the satisfaction of the Authority. In case the development is provided in phases & sale permission is expected after the completion of phase-wise basic infrastructure, such permission may be granted by the Authority. Before granting such sale permission, the developer has to submit an undertaking about the basic infrastructure to be provided and completed phase-wise. The plots earmarked for amenities, facilities, and utilities shall also be simultaneously developed phase-wise along with IT/support services development.

 

14.10.13 Implementation and Completion

 

(1) If the area of Integrated InfomationTechnology Township is 10 acres (4 Hec.) to 25 acres (10 Hec.), the period of completion of the project shall be 7 1⁄2 years and if the area is more than 25 acres (10 Hec.), this period shall be 10 years. In case of delay, the extension shall be granted with the approval of the Committee Constituted in this regard. 

 

14.10.14 Interpretation

 

If any question or dispute arises with regard to the interpretation of any of these regulations, the matter shall be referred to the State Government. The Government after considering the matter and if necessary, after giving a hearing to the parties, shall give a decision on the interpretation of the provisions of the Regulations. The decision of the Government on the interpretation of these regulations shall be final and binding on all concerned.

 

Related Regulations

 

You can visit our other blogs related to Regulations 14 through the below-mentioned links:

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park in UDCPR 2020

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

Slum Rehabilitation for Pune, PCMC, PCNTDA, and Nagpur in UDCPR 2020

 

Urban Renewal Scheme in UDCPR 2020

 

Conservation of Heritage Buildings, Precints, Natural Features in UDCPR 2020

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Bhiwandi Surrounding Notified Area in UDCPR 2020

UDCPR 2020 Chapter 9 is all about the City Specific Regulations as per mentioned in the UDCPR 

 

This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

 

Rule No. 10.13 Bhiwandi Surrounding Notified Area 

 

10.13.1 Regulations for Affordable Housing Scheme:

 

1. In order to promote the construction of affordable housing stock on private lands, the Planning Authority may permit the implementation of the Affordable Housing Scheme in accordance with the provisions of these Regulations. Affordable Housing Scheme (hereinafter referred to as 'the Scheme') shall be permissible only on the lands situated within the limits of the Bhiwandi Surrounding Notified Area in the Mumbai Metropolitan Region (MMR).

 

2. (i) Affordable Housing Scheme shall be permissible in the Residential Zone/Affordable Housing Zone shown on the Development Plan only and on plots having access from an existing or proposed Development Plan Road having width equal to or in excess of 18.0 m., or an existing road in respect of which Regular Line of Street has been declared under the relevant provisions of Maharashtra Municipal Corporation Act, Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 for a width of 18.0 m. or more, provided permissible FSI on such plots is 0.95 or more and TDR/additional FSI on payment of premium more than 0.6 is allowable. However, in the case of a proposed road, the land under the said proposed road shall be acquired before the approval of building plans for the Affordable Housing Scheme. Affordable Housing Schemes shall not be allowed in areas where FSI is less than 0.95 or where the use of TDR is not permissible.

 

(ii) Minimum plot area for the Affordable Housing Scheme shall be 4000 sq. mt. excluding area under D.P. Roads and D.P. Reservations, if any.

 

(iii) The plot under the Scheme shall be independent, unencumbered, and contiguous.

 

(iv) The Scheme shall not be permissible in congested areas, demarcated as such on the Development Plan.

 

3. The Special Planning Authority for Bhiwandi Surrounding Notified Area shall be competent to grant both location clearance and layout approval/building permission for an Affordable Housing Scheme.

 

4. (i) Maximum permissible FSI (including the base FSI of 1.00) under the Scheme shall be 3.00 on the gross plot area, including mandatory layout recreational open space and Amenity Space. The FSI to be utilized shall be in the proportion of 1:3 for the Affordable Housing Component and the Free Sale Housing Component on 1/4th and 3/4th part of the land respectively. Thus, affordable housing and free sale housing shall be proposed on the same plot of land but in two separate, independently buildable pockets. For lands in Affordable Housing Zones, the owner/developer may be allowed to develop the land as per the Rules of the Affordable Housing Policy with the proviso that the free sale to Affordable Housing FSI ratio will be 1.8:1 instead of 1.66:1 and the maximum FSI will be 2.5. Or

 

The owner/developer may be allowed to develop the land as permissible in the Residential Zone as per prevailing Development Control Regulation subject to the condition that the area of tenements to be constructed with the entire potential of the land, shall be of Affordable Housing Scheme. However, if the provisions of inclusive housing stipulated in UDCPR are applicable to this area then, it shall also be made applicable to such land.

 

(ii) Under the Affordable Housing Scheme, up to 15% of the total built-up area of the Affordable Housing Component may be used for the construction of shops/commercial use as per the direction of the Special Planning Authority for Bhiwandi Surrounding Notified Area and such commercial built-up area shall be handed over to the Special Planning Authority for Bhiwandi Surrounding Notified Area free of cost.

 

5. (i) An Affordable Housing Unit shall be a self-contained dwelling unit of 25 sq. mt, carpet area, However the carpet area of a Housing Unit shall be 160 sq.ft., where the construction under the Rental Housing Scheme has already commenced.

 

(ii) The amenity space for Affordable Housing shall be 10% of the gross plot area under the Scheme and it shall be proportionately provided in the area earmarked for the Affordable Housing Component and the Area kept for the Free Sale Housing Component.

 

Provided that where the Scheme is to be implemented on a plot in an Industrial Zone where the Planning Authority has duly permitted Residential users under the relevant provisions of the Development Control Regulations :-

 

No further area shall be required to be kept as amenity space under Regulation 5(ii) for the Scheme if the area prescribed to be kept as amenity space while permitting residential users in the Industrial zone is equal to or more than 10% of the gross plot area.

 

only the balance area shall be required to be kept as amenity space under Regulation 5(ii) for the Scheme if the area of amenity space prescribed by the Planning Authority, while permitting residential users in the Industrial zone, falls short of 10%.

 

(iii) Notwithstanding anything contained in the relevant provisions of the Development Control Regulations of Amenity Space in general, and also regarding permitting Residential User in Industrial Zone, it shall be obligatory on the Developer/Owner to develop the amenity space for users (hereinafter referred to as prescribed amenity users) such as School, Play Ground, Garden, Health Care Facilities, Multipurpose Hall, Auditorium, etc. with the approval of Chief Executive Officer of Special Planning Authority, as per the specifications prescribed by the said Authority, subject to the condition that at least 50% of such amenity space shall be kept for open users, before seeking Occupancy Certificate for the Free Sale Housing Component of the Scheme, failing which the land under such amenity space shall be handed over free of cost to the Planning Authority and such land shall be developed by the Chief Executive Officer of Special Planning Authority for the aforesaid prescribed amenity users only.

 

No compensation in the form of TDR shall be admissible to the Owner/Developer for

development of such prescribed amenities under this Regulation.


(iv) Irrespective of whether the Owner/Developer develops the prescribed amenity users as

per the provision of Clause (iii) above or fails to do so, the process of handing over the land under such amenity space, along with the developed prescribed amenities, where such prescribed amenities have been developed, shall be completed within one month from the date of application by the Developer / Owner for seeking Occupancy Certificate for the free sale Housing Component of the Scheme and if such handing over process is not completed within the said period, the occupancy Certificate for the free sale Housing Component of the Scheme shall be withheld by the Chief Executive Officer of Special Planning Authority, till such amenity space, along with developed prescribed amenities, where such prescribed amenities have been developed, is handed over to the Planning Authority.

 

(v) Under the Affordable Housing Scheme, there shall be a welfare hall and a Balwadi at the rate of 30 sq.m. for every multiple or part of 200 residential units and an office for Managers/Co-operative Housing Society at the rate of 30 sq.m. per every multiple or part of 500 residential units which shall be treated as a part of Affordable Housing Component and shall not be counted towards the FSI while computing 3.00 FSI on the site and shall be given along with layout / DP roads and shops, free of cost to the Special Planning Authority for Bhiwandi Surrounding Notified Area. These facilities shall be constructed at locations as suggested by the Special Planning Authority for Bhiwandi Surrounding Notified Area and shall be transferred free of cost to it.

 

6. Under the Affordable Housing Scheme, Off-Site Infrastructure Charges at the rate of 5% of the land rate as given in the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration, Maharashtra State, for the year in which Commencement Certificate is issued, subject to a minimum of Rs.2000 per sq.m., shall be paid by the Developer for the built-up area, over and above the normal permissible FSI. This amount shall be paid to the Special Planning Authority for Bhiwandi Surrounding Notified Area. Release of FSI under the Scheme shall be as follows :-

 

7. Release of FSI under the Scheme shall be as follows :-

 

FSI for Affordable Housing Component and the Free Sale Housing Component under the Scheme shall be released in accordance with the following Table :-

 

Sr. No.Stages of Release FSIcompleting

Affordable Housing

Component*

Free Sale Component*
1On Grant of Building Permission / Commencement Certificate up to plinth by 1.1-L- B Special Planning Authority for Bhiwandi Surrounding Notified Area / Planning Authority to the Affordable Housing Project.3.001.00
2On Completion of 50% BUA of Affordable Component-0.75
3On Completion of 100% BUA of Affordable Component-0.75
4On handing over of 25% of the land and completed Affordable Housing Component buildings with an Occupancy Certificate.-0.50
 Total3.003.00

 

Explanation - The FSI of 3.00 is to be calculated on one-fourth of the plot area for the Affordable Housing Component as well as three-fourths of the plot area for the Free-Sale Housing Component.

 

8. The Affordable Housing Component under the Scheme shall be handed over along with the 1/4th part of the total plot of land, free of cost to the Special Planning Authority for Bhiwandi Surrounding Notified Area.

 

9. (i) The affordable Housing stock created under the Scheme shall be allotted by the Special Planning Authority for Bhiwandi Surrounding Notified Area as follows :-

 

PercentageAllotment toCategory of stockRate of Allotment
25Special Planning Authority for Bhiwandi Surrounding Notified Area for use as PAP tenements or Staff Quarters or Transit Accommodation,OwnershipFree of Cost
25Outright sale to Govt. of Maharashtra and its statutory bodies/Govt. undertakings for use as PAP tenements or staff quarters or Transit Accommodation.OwnershipAs per the Construction rate of ASR
50Outright sale as affordable housing by MHADA is subject to the general or specific directions of the Government. An outrightOwnershipFree of Cost to MHADA which shall dispose of the same as per its pricing policy and by draw of lots

 

(ii) The Affordable Housing stock shall be disposed of as per the prevailing policy of MHADA regarding pricing and disposal of its housing stock meant for affordable housing. Each Project approved under the Scheme Shall be brought to the notice of the Government of Maharashtra and its statutory bodies/Government undertakings by means of Press Advertisement. If the Government of Maharashtra or any of its statutory bodies/Government Undertakings doesn't place a firm requirement for the housing stock earmarked for them in the Scheme before the Completion Certificate/Occupation Certificate for the said Scheme is issued, the same shall come to the share of MHADA for outright sale as per the Prevailing Policy of the MHADA.

 

10. (i) The other aspects of the Development of Affordable Housing Scheme, not specifically dealt with hereinabove, shall be as per the relevant provisions of the Development Control Regulations of the respective Planning Authority.

 

(ii) It shall also be permissible for the Developer/Owner to utilize the FSI available for Free Sale Housing Component, fully/partly for any other user otherwise permissible as per the Development Plan and Development Control Regulations.

 

(iii) In case, owing to genuine hardship and site conditions, relaxation in marginal open spaces is sought by the Developer/Owner, the Chief Executive Officer of the Special Planning Authority may consider such request, using his discretionary powers under the Development Control Regulations, subject to the condition that in no case shall the clear marginal open space reduced below 6.0 m. No premium shall be charged for granting such relaxation in marginal open space in respect of the Affordable Housing Component of the Scheme.

 

11. No project under the Rental Housing Scheme envisaged under the said directives issued by the Government vide orders dated 6th August, 2008, 25th August, 2009, 4th November, 2008 and August 2008 shall be permitted after the date on which the Notice No.TPS-1212/ 79/CR-60/12/ UD-12, Dated 30th November, 2013 regarding this Regulation Under section 37(1AA) of the Maharashtra Regional and Town Planning Act, 1066 was published in the official (hereinafter referred to as 'the cut cat date')

 

Provided that the Rental Housing Projects in respect of which Location Clearance had been granted by MMRDA, but Commencement Certificate has not been issued by the concerned planning Authority, shall be allowed to continue, as such, in case such project proposals are resubmitted to MMRDA within a period of 31 days from the date of this Notification in the Official Gazette. All such project proposals received by MMRDA within the prescribed time limit shall be scrutinized by MMRDA on merit and to be submitted for the prior approval of the State Government for their continuance under the Rental Housing Scheme.

 

Provided further that the Rental Housing Projects already approved may be allowed to be converted into Affordable Housing Projects under the provisions of this Regulation, with prior approval of the State Government.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City in UDCPR 2020

 

Thane Municipal Corporation Area in UDCPR 2020

 

Special Rules for Nagpur City and Nagpur Metropolitan Region Development Authority in UDCPR 2020

 

Nashik Municipal Corporation in UDCPR 2020

 

Vasai Virar City Municipal Corporation in UDCPR 2020

 

Kolhapur Municipal Corporation in UDCPR 2020

 

Navi Mumbai Municipal Corporation in UDCPR 2020

 

CIDCO Area Excluding Naina Area in UDCPR 2020

 

Projections allowed in Front and Side Margin as per UDCPR 2020

For the construction of any building, there is a restriction of floor space to be used. It is called the FSI (Floor space Index). Also, we have to provide distance from the plot boundary which is called as marginal distance or setbacks.

 

UDCPR 2020 Chapter 6 is all about Regulations for FSI & Marginal distance.

 

This is Applicable to all Planning Authorities and Regional Plan Areas except the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

 

Rule No. 6.7 PERMISSIBLE PROJECTIONS IN MARGINAL OPEN SPACES/DISTANCES

 

The following projections shall be permissible in marginal open spaces :-

 

(a) Projections into Marginal Open Spaces :- Every open space provided, either interior or exterior, shall be kept free from any erection thereon and shall be open to the sky, and no cornice, chajja, roof, or weather shade more than 0.75 m. wide shall overhang or project over the said marginal open spaces so as to reduce the width to less than the minimum required. However, sloping / horizontal chajja provided over balcony/gallery, etc., may be permitted up to balcony projections at a horizontal level.

 

(b) Balconies - as specified in Regulation No.9.14


(c) Ledge for Air conditioning unit as specified in Regulation No.9.5.


(d) A canopy or porch not exceeding 5 m.in length and 2.5 m. in width in the form of a cantilever and unenclosed over the main and subsidiary entrances providing a minimum clear height of 2.4 m. below the beam bottom of the canopy. The canopy shall not have access from the upper floors (above floors), for use as a sitting out place. There shall be a minimum clearance of 1.5 m, between the plot boundaries and canopy.

Provided that more than one canopy may be permitted in the case of special buildings as per requirement.

 

(e) A projection of a maximum of 30 cm. on the rooftop terrace level may be allowed throughout the periphery of the building. In case of pitched roof projection of a maximum of 45 cm. at rooftop level throughout the periphery of the building shall be allowed.

 

(f) Accessory buildings :- The following accessory buildings may be permitted in the marginal open spaces :-

 

i)  In an existing building where a toilet is not provided, a single-storeyed toilet subject to a maximum area of 4.0 sq.m. in the rear or side open space and at a distance of 7.5 m. from the road line or the front boundary and 1.5 m. from other boundaries may be permissible. The Authority may reduce 1.5 m. margin in exceptional cases to avoid hardship.

 

ii ) Parking lock-up garage not exceeding 2.4 m. in height shall be permissible in the rear corner of an independent bungalow plot. Parking lock-up garage, when attached to a main building, shall be 7.5 m. away from the road line and shall be of such construction capable of giving fire resistance of 2 hours. The area of the sanitary block and parking lock-up garage shall be taken into account for the calculation of FSI.

 

iii)  Underground suction tanks, soak pits, and wet and dry garbage separately with collection chambers, space required for fire hydrants, electrical and water fittings, underground water tanks, dustbins, etc.

 

iv)  One watchman's cabin/booth not more than 6 sq.m. in built-up area having a minimum width or diameter of 1.80 m. Cabin/booth may be allowed at every entrance and/or exit.

 

Note :- When a building abuts three or more roads, the above-mentioned uses, except (iv), shall be permissible in front setback facing a smaller road of less importance from a traffic point of view.

 

(g)  Ramp for basement in side and rear marginal distances subject to provisions under Regulation No.9.12.

 

(h)  Fire escape staircase of single flight not less than 1.2 m. width excluding the marginal distance required for special buildings.

 

(i)  Staircase mid-landing of 1.2 m. width with a clear minimum headroom of 2.1 m. below the mid-landing. However, the clear distance from the edge of the landing to the plot boundary shall not be less than 1.8 m. in the case of non-special buildings and 6.0 m. in the case of special buildings.

 

(j)  Architectural projections - Architectural projections as specified in Regulations No.9.30.

 

(k)  Construction of ottas, railings, barricades, or supporting columns for canopy or porch shall not be permitted within the minimum required front marginal distances. However, steps or steps along with otta may be permitted to project up to 1.2 m. from the building line.

 

(l)  Cupboard as specified in regulation No.9.6.

 

 

Related Regulations to Rule No.6 - 

 

You can visit our other blogs on regulations through the below-mentioned links:

 

What are the Regulations for Height of Building in UDCPR 2020

 

What is the Calculation of FSI Pline and its exemption in UDCPR 2020?

 

Industrial Building Regulations of FSI, Marginal Distances and Plot Area in UDCPR 2020

 

Regulations for Permissible FSI in Non Congested Area In Maharashtra in UDCPR 2020

 

What are the Setback, Marginal, Distance, Height in Non Congested Area in Maharashtra in UDCPR 2020

 

What are the Setback, Marginal, Distance, Height, and Permissible FSI in Gaothan or Congested Area in Maharashtra in UDCPR 2020