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सरकारी मोजणी बद्दल सर्वसाधारण माहिती

1. मोजणी चे प्रकार कोणते?

१ हद्द कायम मोजणी

हद्द कायम मोजणी म्हणजे सर्वसाधारण मोजणी . यामध्ये प्रत्येक्ष जागेवर मोजणी करून हद्दीच्या खुणा केल्या जातात तसेच कागदावर (मोजणी नकाश्यावर ) जागेचा नकाशा ,सर्व हद्दी ,लगतचे प्लॉट नंबर आणि गट  नंबर किंवा सर्वे नंबर नुसार जागेचे लोकेशन दर्शविले जाते.

साधारणतः सर्व ठिकाणी हद्द कायम मोजणी लागते

उदाहरण : जागा मोजणी ,बांधकाम परवानगी,जमीन खरेदी विक्री इत्यादी

२ बिनशेती मोजणी

प्लॉटींग करताना अंतिम नकाशा मंजुरीसाठी दाखल करताना बांधकाम चे भोगवटा पत्र मिळवणे, रोड आरक्षण,अमिनिटीस्पेस ताब्यात देताना बिनशेती मोजणीचा वापर होते. (एकदा बांधकाम नकाशा मंजूर केल्यानंतर हद्द कायम मोजणी एवजी बिनशेती मोजणी करणे कधीही योग्य.)

३ कोर्ट वाटप मोजणी /कोर्ट कामिशन मोजणी

जमिनीच्या हद्दीमध्ये वाद निर्माण झाल्यास किवा शेजारील जागामालक सही देत नसेल किवा कोणी अतिक्रमण केले असल्यास हद्द कायम करणे कमी कोर्ट वाटप मोजणी /कोर्ट कामिशन मोजणी केली जाते.

2. मोजणीचे फी प्रमाणे प्रकार किती व कोणते ?

फी प्रमाणे मोजणीचे चार प्रकार पडतात .

१ साधी मोजणी (कालावधी साधारणतः६ महिने )

या प्रकारात सर्वात कमी फी लागते. जेव्हा बांधकाम करणे,प्लॉट विकणे,वाटणी करणे, अशा कामांचा विचार चालू असतो अशावेळी लगेच साधी मोजणी साठी अर्ज करावा .

कामाचे निर्णय आणि नियोजन होईपर्यंत ६ महिने लागू शकतात. यामुळे पैश्याची बचत होऊन वेळेचा सद उपयोग होतो.

२ तातडी मोजणी (कालावधी साधारणतः३ ते ४ महिने )

या प्रकारात साधी मोजणीच्या दुप्पट फी लागते परंतु इतर प्रकारापेक्षा कमी फी लागते.

३ अति तातडी  (कालावधी साधारणतः २ ते ३ महिने )

या प्रकारात २ ते ३ महिन्यात मोजणी घेउन प्रकरण लवकर मार्गी लागते. खरेदी /विक्री किवा बांधकाम परवानगी वेळी जलद निर्णया वेळी या प्रकारची मोजणी कमी येते. परंतु साधी मोजणीच्या तिप्पट फी लागते.

४ अति अतितातडी (कालावधी साधारणतः १५ दिवस  ते १ महिने )

अति महत्त्वाचे कामी १५ दिवस ते १ महिन्यात या प्रकाची मोजणी केली जाते परंतु याचे सरकारी चलन खूपच जास्त असते .

समजा साधी मोजणी चे चलन १००० रु असेल तर

तातडी मोजणी = २००० रु

अति तातडी मोजणी = ३००० रु

तर अति अतितातडी मोजणी = १२००० रु असते .

अति अतितातडी मोजणी फी साधी मोजणीच्या चार पट असते .

एकदा केलेली मोजणी ४ वर्ष चालत असल्याने तसेच वरील सर्व बाबींचा विचार करून योग्य वेळी निर्णय घेऊन तातडी किवा अति तातडी किवा अति अतितातडी मोजणी करावी .

3. हद्दकायम मोजणी मान्य नसल्यास काय तरतुद आहे ?

मोजणी मान्य नसलेस निमताना मोजणीकामी उप अधीक्षक भूमी अभिलेख यांचेकडे अर्ज करता येतो (अपिल अर्ज)

4. कोर्टवाटप मोजणी कशी केली जाते ?

उत्तर कोर्टाच्या हुकुम नाम्याप्रमाणे मोजणीची कार्यवाही करण्यात येते.

5. कोर्ट कमिशन मोजणी प्रकरणात कोणत्या कागदपत्रांची आवश्यकता असते ?

मा. दिवाणी न्यायालयाकडील आदेश, तीन महातील अधिकार- अभिलेख (7/12) ,मोजणी फी भरल्याचे चलन, वादी-प्रतिवादींची नावे/ पत्ते चालु परिस्थिती प्रमाणे मोजणी करावयाच्या क्षेत्राच्या चतु:सिमा इत्यादी कागदपत्रे प्रकरणी आवश्यक असतात.

6. कोर्ट कमिशन मोजणी कधी करता येते ?

जमिनीचे हद्दीमध्ये धारकामध्ये वाद निर्माण झाल्यास दिवाणी न्यायालयात दावा दाखल करुन वादी – प्रतिवादी यांच्या बाजू/ म्हणणे ऐकुण निप:क्षपाती निर्णय होणेसाठी या विभागातील अधिकारी / कर्मचारी यांची कोर्ट कमिशनर नेमणुक होऊन मोजणीसाठी पाठविले जाते.

7. बिनशेती मोजणी कधी करता येते ?

एखाद्या जमिनधारकास त्यांच्या जमिनीची अकृषीक प्रयोजनासाठी वापर करावयाचा असलेस महाराष्ट्र जमिन महसुल अधिनियम 1966 कलम 44 अन्वये महसुल विभागाची परवानगी घेऊन कोणत्या प्रयोजनासाठी जमिनीचा वापर करावयाचा आहे. त्यानुसार धारकास मोजणी करणे कामी शर्त घातली जाते व तसे आदेशात नमुद केले जाते.

8. मोजणी नक्कल कशी मिळवावी ?

  नक्कल अर्ज कोऱ्या कागदावर,आवश्यक त्या नकला मिळणे कामी , गावांचे नाव, तालुका, जिल्हा इत्यादी नमुद करुन अभिलेखाचा प्रकार नमुद करावा. नकलेचा अर्ज कोणत्याही व्यक्तीस करता येतो. अर्जास 5 रु. कोर्ट फी तिकीट लावावे.अर्ज केल्यानंतर ३ दिवसात नक्कल मिळतात .

9. “ क ” प्रत

क  प्रत हि मोजणी ची मूळ प्रत असते .क प्रत ही मालकास दिलेली मुल प्रत असते.जी एकदाच मिळते.

अ व ब  प्रत ही भूमी अभिलेख कक्षात रेकोर्ड ला असते .

जेव्हा जागा मालकाला कोर्ट कामासाठी ,जमीन खरेदी विक्रीसाठी,मोजमापे करणे ,बांधकाम परवानगी ,झोने दाखला ,सरकारी परतावा  या जागी मोजणीची प्रत जोडावयाची लागत असेल तर त्याने मोजणीच्या नाकाला जोडणे अपेक्षित आहे .( क प्रत किवा क प्रतची झरोक्स जोडणे योग्य राहणार नाही .)

नकलेसाठी भूमी अधीक्षक कार्यालयाकडे विहित नमुन्यातील अर्ज केल्यानंतर ३ दिवसात मिळतात .आपणास हव्या तेवढ्या नाकाला मिळत असल्याने मोजणी झाली कि लगेच ३ ते ५ नाकाला काढून घेणे योग्य राहील .

Know More about Government Demarcation (Sarkari Mojani)

Demarcation is important part that comes way before planning to build the house or commercial land. Demarcation of land means measurement copy of land / plot. This is done by survey . Some times by government some times by private company. Demarcation is geographical line that is crossed between the two plots. It involves both the owner as well as the neighbors land owner. Demarcation also known as Mojani services.

Surveyor performs the land survey and the authority gives the jamin Mojini certificate as per the type of certificate i.e sadhi mojani, atit atadi mojini, ati-ati-tatadi mojani the cost with respect to all these demarcation services is given blow in details. Maharashtra government’s national informatics center (NIC) has created a system in cooperation with revenue department which is called ‘Bhumi Abhilekh’ .Bhumi Abhlekh has created to provide land owner a smart card and it also promises to provide (7/12) utara on the online platform.

The land record is basically all rights related to land, registration, records of rights, tenancy and crop inspection registers etc. are protected in the land records. In this, the size of the land, nature of soil, land related to crops and its economic information is also included.

All type of land related service available. Government Mojani,Private survey, etc Assured Service, Timely Delivery. Call +91 8282924242

Where can I get Mojani Certificate?

You are eligible for mojini certificate as long you own the land and the concern office for the demarcation certificate Commissioner and Director Land Records Office. In Pune, it is near council hall. Foot2Feet is the best councilor for these services.

When Demarcation Certificate is required?

• Demarcation certificate is required as long as you own a land in your name.
• you also need mojani certificate in case of dispute land. Proof of ownership of any land is proof. On purchasing the land, the background and truth of the seller are also known.
• When the cell-transaction is complete then mojani certificate is required in the Sub-Registrar’s office. It is also needed for form credit / loan from the bank.
• It is required in the court during any civil trial. Apart from this, demarcation certificate is also sometimes required for personal reasons.
With bhumi abhilekh, people will be able to get all the information of a particular land online. This means that the purchase of land, the information related to it, can be obtained by just one click. The mutation entry will also be automatic; they will not have to visit Talathi. People will also be able to know that a person is registered in whose name and which land is government.

Document requirement for demarcation?

To get Land demarcation certificate, We need following-

• 7/12 certificate: For the proof of land ownership
• Mojani Application: Application to apply for mojani certificate
• Name and address of adjacent owner
• ID proof of applier: PAN card, Adhar card, etc.

Various types of Mojani

• Sadhi Mojani

• Tatadi Mojani

• Ati-tatadi mojani

• Ati-Ati-tatadi mojani

Time duration to get Mojani Certificate (MojaniShulak)

1) Sadhi Mojani: It takes 6 to 8 months to get the mojani certificate with sadhi mojani
2) Tatadi Mojani: It takes 3 to 4 months to get the mojani certificate with tatdi mojani
3) Atitatdi Mojani: It takes 1 to 2 months to get mojani certificate with atitatadi mojani
4) Ati-Ati-tatadi mojani: It takes 15 days to 1 month to get mojani certificate

Cost for Mojani certificate

• Sadhi Mojani : It takes Rs 3000 to 5000 to get demarcation certificate with sadhi mojani.
• Tatadi Mojani It takes Rs 6000 to 10000 to get demarcation certificate with tatadi mojani
• Ati-tatadi mojani: it takes Approximately Rs 10,000 to 20,000 to get demarcation certificate with ati-tatadi mojani
• Ati-Ati-tatadi mojani: It takes 4 times of tatadi mojani with ati-ati-tatadi mojani

* The prices may vary with respect to places, types of mojani.

Additional Information About Government Demarcation

Hadda kayam mojani:

Boundary fixation demarcation (Hadda kayam Mojini) is a simple calculation. These include the actual location of the boundary markings, as well as the map of the space on the paper (counting map), the location of all the boundaries, the plot numbers and the group numbers or survey numbers. Usually all places require permanent calculation Examples: space counting, construction permit, land purchase and so on.

Bin Sheti Mojani (Non Agricultural or NA demarcation):

When plotting, the final map is used for obtaining construction occupancy letters, road reservation, and counting of uninspired calculations while filing for approval. (Once the construction map is approved, it is always advisable to do an arbitrary calculation instead of a permanent measurement.)
This measurement is also done by applying online for Jamin Mojani in Maharashtra at foot2feet.

Court commission mojani

court commission mojani is done in case of dispute between land boundaries or if landlord does not sign or encroach on encroachment.
Appeal can be made to the Deputy Superintendent of Land Records, Counting Appeal if the count is not allowed.

The counting proceedings are carried out as per the order of the North Court.

Documents are required in the case of orders from the civil court, rights of three Mahals – records (7/12), invoices for payment of counting fees, names of the defendants and defendants.

Demarcation Certificate in case of land dispute

In case of a dispute between the holders within the boundary of the land, a claim is filed in the civil court and the court / commissioner of the department / officer is sent for the counting of the plaintiffs and the defendants.
If a landowner wants to use their land for non-agricultural purposes, the purpose is to use the land for the purpose, with permission of the Revenue Department under section 44 of the Maharashtra Land Revenue Act, 1966. Accordingly, the holder is conditioned to calculate and is mentioned in the order.

Certified Demarcation Certificate

Duplicate (Certified) application should be provided on the blank paper, mentioning the required copy, mentioning the name of the village, taluka, district etc. The application can be made to any person. The application is available for Rs. You should get a court fee ticket.

 Find government on below link

https://bhumiabhilekh.maharashtra.gov.in/1035/Home

“K prat”

K prat is the original copy of the count . It is a child copy given to the owner. K and B copies are recorded in the land records cell. When the landowner is required to add a copy of the measurement to the court, for work, sale of land, measuring, construction permit, zoning certificate, government return, he / she is expected to attach a measuring cop

Fsi Calculator New Way to Compute FSI

Everything about building FSI rules & FSI calculator! Foot2feet

Hello friends,

This blog is for every person who is somehow connected to land or construction industry. Here I will discuss about Floor space index also called as FSI in following points.

  1. What is FSI
  2. Area wise FSI calculation
  3. How to calculate it
  4. Why professional’s love foot2feet automated FSI calculator

Click below to Open calculator

Pune FSI Calculator

PMRDA FSI Calculator

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1. What IS FSI 

If you ever thought of buying a small land and building some 100 storied building on it to make huge profit, then you are wrong. Government controls development in any area based on availability of basic resources of water, drainage, traffic condition etc. This restriction is calculated with respect to land area. 

A ratio of land area to allowable construction area is called floor area ratio or Floor space index (FSI)

Example –           FSI in Pune in 2019 is 1.10. (Excluding paid FSI or TDR). 

For 1000 sqft land in baner or kothrud, FSI calculation will be as follows.

Owner can build maximum of 1000 x 1.10 = 1100 sqft  as per FSI in kothrud, Pune. 

Note –    Here built up area is individually calculated on all floors and then added to find maximum allowable area. 

Areas like balcony, parking, terraces, staircase, lift etc.  are deducted from this calculation according to Pune FSI rules (DCPR 2017). For any region separate development control rule (DC rules) are published by government authorities.

Owner can buy TDR (additional FSI) from other land owners whose land is surrendered for road or other reservations. Maximum allowable TDR on any land depends upon access road of that land. Example – for road of 12 Meter, 65% of land area can be purchased and loaded on that land. 

Paid FSI or fungible FSI is also additional TDR but this has to buy from planning authority. At current paid FSI charges in Pune Municipal Corporation are 50 % of ready reckoner rate of open land.

FSI and TDR are calculated on index decided by government time to time. 

Redevelopment FSI in Pune is same as regular FSI. Only difference is 0.20 (20%) paid FSI is given for society on roads less than 9.0 M. 

2. Factors to find FSI of any land 

i. Planning Authority –

Every location, village or area is under certain planning authority. Like – FSI  in Baner, Karve Nagar, Kondawa, Undri, Wagholi, Lohegaon is calculated by Pune municipal corporation FSI rules. While For location like Pirangut, Hinjewadi, Nanded city, Chakan, such region PMRDA rules of FSI or building rules are applicable. For villages under Pimpri Chinchwad Municipal Corporation like Ravet, Rahatani, Dapodi, Moshi, Chikhali pimple Saudagar etc PCMC rules are applicable. FSI in Pune cantonment, Dehu road cantonment or Khadaki (kirkee) cantonment is decided by defense ministry.

Here is Basic FSI in various region –

Pune municipal corporation        – 1.10 ( Maximum 3.0)

Pimpri chinchwad (PCMC)            – 1.0

Pune Metro Politian Regional planning authority (PMRDA)           – 1.0 to 1.2

ii. Type of land zone & building type – 

FSI vary due to land zone or building use. Here are few examples of basic FSI under various land zone. Note – To avoid confusion I am giving basic FSI excluding TDR or paid FSI.

Residential use         – 1.10

Commercial use        – 1.25

Industrial Use            – 0.50 to 1.0 

Gaothan Area            – 1.50

IT building                   – 2.0 to 3.0 (conditional)

Agriculture land        – 0.0375 to 0.20 ( excluding Paid FSI)

For exact calculation of FSI, TDR, Paid FSI use foot2feet online FSI calculator.

iii. Plot area      –         

For illegally subdivide plot (after land subdivision act 1972), only 75% of total FSI is allowed. For NA plots and plots more than 2000 Square Meter, full 100% of FSI is applicable.

For lands more than 2000 Sqm, 10% Open space is mandatory. For lands more than 4000 Square Meter 10% open space + 15% amenity space is required. (Use our calculator for actual calculations)

3.  How to calculate FSI

FSI calculation formula hardly gives useful results. best way is to use foot2feet FSI calculator. 

FSI calculator to find actual FSI on any land    

As I discussed FSI varies due to various factors. It’s not easy to find FSI on land just by some construction formula. One has to take help of local expert like architect etc to find FSI or FAR for that plot.

But the good news is foot2feet have developed online FSI calculator inbuilt with Pune FSI rules.  Pune & surrounding region. We will soon be adding one by one region in the list.

Check all building related calculators on Foot2feet

4. Why professional’s love foot2feet automated FSI calculator 

Following are silent features of foot2feet calculator, which have made it very popular amongst builders, architects, contractors and other construction industry people.

  • No special knowledge required, a common man can use it
  • Select your location and find planning authority in your region
  • Only land area & access road width required to find basic results.
  • If you give more details, you will get more accurate calculations
  • It finds FSI, TDR, paid FSI, fungible FSI etc….
  • Required Open space, amenity space MHADA, FSI factor are accurately calculated.
  • Free assistance by foot2feet team
  • It takes few seconds only.

Pune FSI Calculator

PMRDA FSI Calculator

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Pradhan Mantri Awas Yojana 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. 14.4 Pradhan Mantri Awas Yojana

 

14.4.1 For Development Plan area

 

i) For developable zone

 

In any developable zone such as Residential/Commercial/Public semi-public/Urbanisable Zone/Urbanisable Zone U - 1, U - 2/Industrial etc., Affordable Housing for the Economically Weaker Sections (EWS) & Low Income Group (LIG), undertaken by Government / any Institutions authorized by the Government or Owner / any Private Developer (hereinafter referred to “the Project Proponent”), shall be permitted, subject to the following conditions -

 

Conditions :-

 

1. These Regulations shall only apply to development undertaken under the Pradhan Mantri Awas Yojana, wherein all the tenements shall be constructed for EWS / LIG with the use of the latest technology, subject to condition no.3 herein below.

 

2. Such Development shall be permitted in the Industrial Zone only after leaving amenity space as per Regulation No.4.8.1. However, no premium shall be charged for allowing residential use in the form of PMAY in the Industrial Zone.

 

3. The permissible FSI for such projects shall be the maximum building potential on the plot mentioned in Regulation No.6.1 or 6.3 subject to a maximum of 2.5 which shall be treated as allowable basic FSI for such project. No premium FSI or TDR shall be required to be loaded for availing this FSI upto 2.5. However, where building potential as per Regulation No.6.1 or 6.3 exceeds 2.5, in such cases permissibility of availing building potential above 2.5 shall be in the form of premium FSI or TDR or both which may be utilized for the permissible uses under this UDCPR.

 

4. Out of the FSI allowed in PMAY, 10% of the basic FSI mentioned in Regulation No.6.1 or 6.3, shall be allowed for commercial use.

 

5. The Municipal Commissioner/Metropolitan Commissioner/Chief Executive Officer/Chief Officer, before granting development permission, shall verify and satisfy himself in respect of the feasibility of providing basic infrastructure facilities like electricity, water supply, sewerage etc. required for the project.

 

6. The project proponent shall plan a proper internal Road network including major linkage up to outside roads, wherever necessary.

 

7. The project proponent shall provide all the basic facilities and utilities and on-site infrastructure, such as a Road, Water Line, Drainage Line, Street Light, Waste Water Recycling Plant, etc., at his own cost to the satisfaction of the Authority. In no case shall the burden of providing infrastructure lie with the Authority.

 

Provided that the project proponent shall lay the water, drainage/sewage lines up to the

nearest existing lines which are laid by the concerned Planning Authority.

 

8. The carpet area of the tenement shall not be more than the carpet area as may be decided by the Government of Maharashtra from time to time in respect of EWS / LIG

Housing.

 

9. Amalgamation of two or more tenements shall not be permissible under any circumstances.

 

10. All other guidelines and norms shall be followed as may be decided by the Government of India or State Government, from time to time in respect of “Pradhan Mantri Awas Yojana”.

 

ii) For No Development Zone / Agricultural Zone / Green Zone - 1

 

All above Regulation No.14.4.1(i) with the following modification shall be applicable forPradhan Mantri Awas Yojana to be permitted in No Development Zone / Agricultural Zone / Green Zone - 1.

 

a)  The minimum width of the approach road shall be 9.0 m.

 

b)  The permissible FSI for such projects shall be 1.0 on gross plot area.

 

14.4.2 For Regional Plan Area

 

The Regulations No.14.4.1 shall be applicable for Pradhan Mantri Awas Yojana to be permitted

in following areas of the Regional Plan, inrespective zones.

 

i) In the Mumbai Metropolitan Regional Plan area

 

a) PMAY shall be permissible in urbanisable zone U - 1, U - 2 / Urbanisable Zone of the entire Mumbai Metropolitan Regional Plan, with FSI and other provisions mentioned in Regulation No.14.4.1(i).

 

b) PMAY shall be permissible in zones, other than urbanisable zone U-1, U-2 / Urbanisable Zone, within distances mentioned in the following table, with FSI and other provisions mentioned in Regulation No.14.4.1(ii).

 

ii) In other Regional Plan Area

PMAY shall be permissible in respective zones, within distances mentioned in the following table with FSI and other provisions mentioned in Regulation No.14.4.1(i) & (ii).

 

Sr.No.Within distance fromOuter peripheral distance from the Boundary of the Urban Local Bodies where PMAY is permissible
1Municipal Corporations2.0 k.m.
2Municipal Councils / Nagarpanchayats1.0 k.m

 

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 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

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Short Title, Extent and Commencement in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration 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. 1.0 Short Title, Extent & Commencement

 

These regulations shall be called as “Unified Development Control and Promotion Regulations for Maharashtra” (hereinafter called “These Regulations” or "Unified Development Control and Promotion Regulations" - ‘UDCPR’ )

 

1.1  Extent and Jurisdiction

 

i)  These regulations shall apply to the building activities and development works on lands within the jurisdiction of 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, Chikhaldara notified area (consisting Chikhaldara Hill Station M.C. & four villages) Eco-sensitive/Eco-fragile region notified by MoEF & CC, and Lonavala Municipal Council in Maharashtra.

 

ii)  These Regulations shall also be applicable to the Town Planning Scheme area. However this will not bar the Development Permission to be granted as per the Regulations of the Town Planning Scheme intoto.

 

1.2  Commencement of Regulations

 

These regulations shall come into force with effect from the date of publication of notification in the official Gazette. All the Development Control Regulations/special Regulations which are in operation shall cease to operate.

 

Related Regulations to Rule No. 1 - 

 

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

 

Other Various Regulations of Administration in UDCPR 2020

 

Definitions in Administration in UDCPR 2020

 

Applicability of Regulations in Administration in UDCPR 2020

 

Savings in Administration in UDCPR 2020

 

Additional Regulations for Kolhapur in UDCPR 2020

UDCPR has a Unified rule, which means that instead of having numerous regulations for every city/region in the state, it is better to have a single rule for all cities in Maharashtra.

But due to some geological conditions or some other restrictions the regulations may vary a bit for some regions in Maharastra. 

 

For Example, the Coastal Region, Hilly Region, Densely Populated Region, and Gaothan can't have the same type of rules, and the rules differ according to them.

 

UDCPR 2020 Chapter 5 is all about Additional Provisions for Regional Plan Areas.

 

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. 5.4 For Kolhapur Regional Plan

 

Rule No. 5.4.1 Committed Development

 

Instead of Regulation No.5.1.3(i) and (ii), the following regulations shall be applicable for committed development -

 

i) Regarding Committed Development outside the previously Sanctioned Regional Plan of Kolhapur - Ichalkaranji Region :- All development permissions/layout approval granted by the District Collector/Concerned Revenue Authority or any development proposal for which tentative or final approval has been recommended by the concerned Town Planning Office and is pending with the concerned Revenue Authority for demarcation or for final N.A. approval on 12/09/2016 i.e. the date of board resolution for publication of draft R.P. shall continue to be valid for that respective purpose along with approved Floor Space Index.

 

 

Provided that it shall be permissible for the owner to either continue with the permission in toto as per such earlier approval and for that limited purpose, erstwhile regulation shall apply or apply for grant of revised permission under the new regulations. However, in such revision of cases, the premium, if any, shall not be applicable, for the originally approved land use and FSI only.

 

ii) Regarding Committed Development within the ambit of the previously sanctioned Regional Plan of Kolhapur - Ichalkaranji Region.


The development permission/layout approval granted by the District Collector/concerned Revenue Authority within the ambit of the sanctioned Regional Plan of Kolhapur - Ichalkaranji prior to the publication of the Draft Regional Plan, Kolhapur and if the said Development permission/layout is as per the provisions of sanctioned Regional Plan of Kolhapur - Ichalkaranji Region then such permission/layouts shall be treated as valid permission for the respective sanctioned use. These permissions/layouts, if submitted for revised approval, then it should be corrected as per the present sanctioned regulations of the Regional Plan of Kolhapur Region.

 

a) The development permission/layout approval granted by the District Collector/concerned Revenue Authority within the ambit of the sanctioned Regional Plan of Kolhapur - Ichalkaranji and if the said development permission/layout approval is contradictory or adverse to the provisions of sanctioned Regional Plan of Kolhapur - Ichalkaranji Region or Draft Published Regional Plan of Kolhapur Region then such permission/layout shall be treated as illegal and to be canceled with immediate effect.

 

Note :- The layouts that are approved before publication of the Regional Plan but do not fulfill the requirements of the then DCR, such as road width, open space, etc., but are saved as per the above special regulation; in such cases, the building permission shall be granted with 75% of FSI permissible in such zones.

 

Related Regulations to Rule No. 5 - 

 

You can visit our other blogs related to Regulations 5 through the below-mentioned links:

 

Additional Rules for Regional Plan Area than Basic UDCPR Rules in UDCPR 2020

 

Additional Regulations for Thane, Raigad, Palghar Regional Plan in UDCPR 2020

 

Additional Regulation for Ratnagiri in UDCPR 2020

 

Additional Regulations for Satara in UDCPR 2020

 

Additional Regulations for Hingoli, Buldhana, Washim, Yavatmal, Nanded Regional Plan in UDCPR 2020

 

Additional Regulations for Raigad in UDCPR 2020

 

Additional Regulations for Solapur in UDCPR in 2020

 

Additional Regulations for Pune in UDCPR 2020

 

Additional Regulations in Aurangabad in UDCPR 2020

 

Regulations for Grant of Transferable Development Rights in UDCPR 2020

UDCPR 2020 Chapter 11 is all about the Acquisition And Development Of Reserved Sites in Development Plans 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. 11.2 Regulations for Grant of Transferable Development Rights

 

11.2.1  Transferable Development Rights

 

Transferable Development Rights (TDR) is compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner for construction of built-up area subject to provisions in this regulation. This FSI credit shall be issued in a certificate which shall be called as Development Right Certificate (DRC).

 

Development Rights Certificate (DRC) shall be issued by the Authority under his signature and endorsed thereon in writing in figures and in words, the FSI credit in square meters of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the Annual Statement of Rates issued by the Registration Department for the concerned year.TDR generated within the jurisdiction of a particular Authority, shall be utilized within the jurisdiction of the same Authority as per this regulation.

 

11.2.2 Cases Eligible for Transferable Development Rights (TDR)

 

Compensation in terms of Transferable Development Rights (TDR) shall be permissible for -

 

i) Lands under various reservations for public purposes, new roads, road widening, etc., which are subjected to acquisition, proposed in Draft or Final Development Plan, prepared under the provisions of the Maharashtra Regional and Town Planning Act, 1966.

 

ii) Lands under any deemed reservations according to any regulations prepared as per the provisions of the Maharashtra Regional & Town Planning Act, 1966.

 

iii) Lands under any new road or road widening proposed under the provisions of Maharashtra Municipal Corporation Act, Maharashtra Municipal Council, Nagar Panchayat, and Industrial Township Act.

 

iv) In the case where the layout is submitted along with the proposed Development Plan Road, in such cases TDR shall be permissible for the entire road width as per these regulations.

 

v) Development or construction of the amenity on the reserved or deemed reserved land.

 

vi) Unutilized FSI of any structure or precinct which is declared as a Heritage structure or precinct under the provisions of Unified Development Control and Promotion Regulations, due to

restrictions imposed in that regulation.

 

vii) In lieu of constructing housing for slum-dwellers according to regulations prepared under the Maharashtra Regional & Town Planning Act, 1966.

 

viii) For handing over land to the Authority for development of housing under PMAY by the Authority.

 

11.2.3 Cases not eligible for Transferable Development Rights (TDR)

 

It shall not be permissible to grant Transferable Development Rights (TDR) in the following circumstances :-

 

i) For earlier land acquisition or development for which compensation has been already paid partly or fully by any means.

 

ii) Where an award of land has already been declared and which is valid under the Acquisition Act or the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 unless lands are withdrawn from the award by the Appropriate Authority according to the provisions of the relevant Acts.

 

iii) In cases where the layout has already been sanctioned and layout roads are incorporated as Development Plan roads prior to these regulations.

 

iv) If the compensation in the form of FSI/or by any means has already been granted to the owner.

 

v) Where lawful possession including by mutual agreement/or contract has been taken and such agreement does not provide for TDR.

 

vi) For an existing user or retention user or any required compulsory open space or recreational open space or recreational ground, in any layout.

 

vii) For any designation, allocation of the use or zone which is not subjected to acquisition.

 

viii) Existing nallah, river, natural stream, natural pond, tank, water bodies, etc.

 

ix) Reservations that are not developable under the provisions of UDCPR.

 

x) For the lands owned by the State Government.

 

11.2.4 Generation of the Transferable Development Rights (TDR)

 

Transferable Development Rights (TDR) against surrender of land :-

 

a. For surrender of the gross area of the land which is subjected to acquisition, free of cost and free from all encumbrances, the owner shall be entitled to TDR or DR irrespective of the FSI permissible or development potential of such land to be surrendered and also that of land surrounding to such land at the rate given below :-

 

Area Designated on DPEntitlement for TDR / DR
Non-Congested Area2 times the area of surrendered land.
Congested Area3 times the area of surrendered land.

 

Note :-

 

i) The quantum of Transferable Development Rights (TDR) generated for reservation in the area having total legal impediment/constraint on construction or development like CRZ/Hazardous zone/Low-Density zone, shall be 50% of TDR generated as prescribed above.

 

ii) The quantum of Transferable Development Rights (TDR) generated for Bio Diversity Park reservation shall be 8% of the gross area.


(Explanation: The above entitlement may also apply to the compensation paid in the form of FSI to the owner to be utilized on the unaffected part of the same land parcel, and in such cases, the procedure of DRC shall not be insisted.)

 

Provided that, if leveling of land and construction/erection of the compound wall/fencing as per Clause (b) below to the land under surrender is not desirable considering the total area of reservation, the quantum of TDR shall be reduced to 1 : 1.85 and 1 : 2.85 in non- congested area and congested area respectively. In such cases, the owner shall also have an option of paying the cost of the construction of a compound wall (as decided by the Authority) without reducing the quantum of TDR.

 

Provided further that such construction/erection of compound wall/fencing shall not be necessary for area under development plan roads. In such cases TDR equivalent to entitlement as mentioned above shall be granted without any reduction.

 

Provided also that Additional/incentive Transferable Development Rights (TDR) or Development Rights (DR) to the extent of 5% of the surrendered land area shall also be allowed to the land owners who submit the proposal for grant of Transferable Development Rights (TDR) of land reserved in the development plan, within 2 years from the sanction of these regulations.

 

Provided that the quantum of generation of TDR as prescribed above, shall not be applicable for TDR generated from the construction of amenities or construction of reservation/deemed reservations/roads, Slum TDR, Heritage TDR.

 

b. DRC shall be issued only after the land is surrendered to the Authority, free of cost and free from encumbrances, after leveling the land to the surrounding ground level, and after constructing/ erecting a 1.5 m. high compound wall/fencing, i.e., brick/stone wall up to 0.60 m. above ground level and fencing above that up to the remaining height with a gate, at the cost of the owner and to the satisfaction of the Authority.

 

c. If any contiguous land of the same owner/developer, in addition to the land under surrender for which Transferable Development Rights (TDR) is to be granted, remains unbuildable, the Authority may grant Transferable Development Rights (TDR) for such remaining unbuildable land also if the owner/developer hands it over free of cost and free from all encumbrance and encroachment. If such land is from the proposed roads then such land shall be utilized for roadside parking, garden, open space, or roadside amenities including bus bays, public toilets, or any compatible user as the Authority may decide and if the such land is from the proposed reservation then same shall be included in such proposed reservation and shall be developed for the same purpose.

 

d) In the case of the lessee, the award of Transferable Development Rights (TDR) shall be subject to the lessee paying the lessor or depositing with the Authority for payment to the lessor, an amount equivalent to the value of the lessor's interest to be determined by the Authority on the basis of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the area of land surrendered, free of cost and free from all encumbrances.

 

e) Where the authority has taken the possession of the reserved land in the development plan with the commitment of granting TDR / DRC in the past and DRC is not issued, in such cases, DRC shall be issued for the quantum as per this UDCPR.

 

11.2.5 Transferable Development Rights (TDR) against Construction of Amenity -

 

When an owner or lessee, with prior approval of the Authority, develops or constructs the amenity on the surrendered plot, at his own cost subject to such stipulations as may be prescribed and to the satisfaction of the Authority and hands over the said developed/constructed amenity free of cost to the Authority, then he may be granted a Transferable Development Rights (TDR) in the form of FSI as per the following formula :-

 

Construction Amenity TDR in Sq.m. = A / B * 2.00 Where,

 

A = cost of construction of amenity in rupees as per the rates of construction mentioned in Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced. (In the case of the construction of a new D.P. road, the cost of construction as worked out on the basis of the District Schedule of Rates.)

 

B = land rate per Sq.m. as per the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced.

 

In the case of buildings like auditoriums, assembly, etc. wherein the height of the building is higher, the cost of the building may be worked out from the Public Works Department as per applicable DSR. Also, expenses for ancillary requirements only of immovable items like acoustic, etc. may also be included in such cost. Such expenses for ancillary requirements may also be considered for hospital and educational buildings.

 

If any person, with the consent of the authority, constructs the D.P. road by obtaining development rights/consent of the other owners whose land is covered under the D.P. road, then such person may be entitled for construction amenity TDR subject to -

 

i) This provision shall only apply to the construction of a new road proposed in the Development Plan.

 

ii) One end of the road should meet other existing public roads.


iii) The specifications for the construction of the road shall be as decided by the Authority.

 

11.2.6 Utilisation of Transferable Development Rights (TDR)

 

i)  A holder of DRC who desires to use FSI credit therein on a particular plot of land shall attach valid DRCs to the extent required with his application for development permission. Proposal for Transferable Development Rights (TDR) utilisation shall be submitted along with the documents as may be prescribed by the Authority or by the Government from time to time.

 

ii)  With an application for development permission, where an owner seeks utilization of DRC, he shall submit the DRC to the Authority who shall endorse thereon in writing in figures and words, the quantum of the TDR proposed to be utilized, before granting development permission. Before issuance of the Occupation Certificate, the Authority shall endorse on the DRC, in writing in figures and words, the quantum of TDR/DRs actually used and the balance remaining, if any

 

iii)  The Transferable Development Rights (TDR) generated from any land use zone shall be utilized on any receiving plot irrespective of the land use zone including development plan reservations of a buildable nature and anywhere in the congested or non-congested area or town planning scheme area earmarked on Development Plan. The equivalent quantum of Transferable Development Rights (TDR) to be permitted on the receiving plot shall be governed by the formula given below :-

 

Formula: X = (Rg / Rr) x Y Where,

 

X= Permissible Utilisation of TDR/DR in sq.m. on receiving plot.

 

Rg = The Rate for land in Rs. per sq.m. as per the ASR of generating plots in the generating year. 

 

Rr=  Rate for land in Rs. per sq.m. as per ASR of receiving plot in generating year. 

 

Y= TDR debited from DRC in sq.m.

 

11.2.7  Utilisation of Transferable Development Rights (TDR) and Road Width Relation

 

i) The total maximum permissible built-up area and utilization of Transferable Development Rights (TDR) on the receiving plot shall be, as per Regulation No.6.1, 6.2, and 6.3.

 

ii) The quantum of maximum permissible TDR loading mentioned in Table 6-G of Regulation No.6.3 shall include a minimum 30% and a maximum of 50% slum TDR/URT/Amenity TDR (wherever applicable). If such TDR is not available, the other TDR may be used. Moreover, this shall not be applicable for TDR loading mentioned in Regulation No.6.1.1. Table 6-A.

 

iii) The utilization of Transferable Development Rights (TDR) shall be permissible by considering (1) the provision mentioned in Note (xiv) below Table No.6-G of Regulation No.6.3.

 

11.2.8  Areas Restricted from Utilisation of Transferable Development Rights (TDR)

 

Utilization of Transferable Development Rights (TDR) shall not be permitted in the following areas :-

 

a. Agricultural/No Development/Green Zone/Green Belt/Regional Park/HTHS Zone and Bio Diversity Park reservation in the Development Plan.

 

b. Area within the flood control line i.e. blue line (prohibitive zone) as specified by the Irrigation Department.

 

c. Coastal regulation zone.

 

d. Area having developmental prohibition or restrictions imposed by any notification issued under the provisions of any Central/State Act (like CRZ regulations, Defense restriction areas, etc.) or under these regulations.

 

c. Koregaon Park area in Pune Municipal Corporation area.

 

11.2.9 General stipulation

 

i) Development Rights (DRs) will be granted to an owner or lessee, only for reserved lands that are retainable and not vested or handed over to the Government/Urban Local Bodies and not exempted under section 20 or 21 of the then Urban Land (Ceiling and Regulations) Act, 1976 and undertaking to that effect shall be obtained, before a Development Right is granted. In the case of schemes sanctioned under section 20 or 21 of the said Act, the grant of Development Rights (DRs) shall be to such extent and subject to the conditions mentioned in section 20 or 21 scheme and such conditions as the Government may prescribe. In the case of non-retainable land (surplus land), the grant of Development Rights shall be to such extent and subject to such conditions as the Government may specify. The provisions of this Regulation shall be subject to the orders issued by the Government from time to time in this regard.

 

ii) In case of lands having tenure other than Class-I, i.e. Inam lands, tribal lands, etc., N.O.C. from the Competent Authority shall be produced by the landholder at the time of submission of application for grant of TDR.

 

iii) DRC shall be issued by the Authority as a certificate printed on bond paper in an appropriate form prescribed by him. Such a certificate shall be a “transferable and negotiable instrument” after the authentication by the Authority. The Authority shall maintain a register in a form considered appropriate by him of all transactions, etc. relating to the grant of, or utilization of DRC.

 

iv) The Authority shall issue DRC within 90 days from the date of application or reply from the applicant in respect of any requisition made by him, whichever is later.

 

v) The TDR shall be granted only for those reservations that are developable for the intended purpose under these regulations.

 

11.2.10 Transfer of DRC

 

The Authority shall allow the transfer of DRC in the following manner :-

i)  In case of death of the holder of DRC, the DRC shall be transferred only on production of the documents, as may be prescribed by him, from time to time, after due verification and satisfaction regarding title and legal successor.

 

ii) If a holder of DRC intends to transfer it to any other person, he shall submit the original DRC to the Authority with an application along with relevant documents as may be prescribed by the Authority and a registered agreement which is duly signed by the Transferor and Transferee, for seeking the endorsement of the new holder's name, i.e., the transferee, on the said certificate. The transfer shall not be valid without endorsement by the Authority and in such circumstances the Certificate shall be available for use only to the holder/transferor.

 

The utilization of TDR from such a certificate shall not be permissible during the transfer procedure.

 

iii) The Authority may refrain the DRC holder from utilizing the DRC in the following circumstances :-

 

a)  Under direction from a competent Court.

 

b)  Where the Authority has reason to believe that the DRC is obtained

 

a) by producing fraudulent documents  b) by misrepresentation,

 

iv) Any DRC may be utilized on one or more plots or lands whether vacant, or already developed fully or partly by the erection of an additional storey, or in any other manner consistent with the these Regulations.

 

v) DRC may be used on plots/land having Development Plan reservations of buildable nature, whether vacant or already developed for the same purpose, or on the lands under deemed reservations, if any, as per these Regulations or on amenity space.

 

vi) DRC may be used on plots/land available with the owner after surrendering the required land and construction to the Authority under the provisions of Accommodation Reservation. In such circumstances, for the purpose of deciding the receiving potential of the plot for the Transferable Development Rights (TDR), the total area of the reservation before surrender shall be considered.

 

11.2.11  Infrastructure Improvement Charges -

 

No infrastructure improvement charges shall be paid for the utilization of TDR.

 

11.2.12 Vesting of Land 

 

The Authority, before issuing DRC, shall verify and satisfy himself that the ownership and title of the land proposed for surrender is with the applicant, and get the Record of Right corrected in the name of Authority.

 

In case the Appropriate Authority for reservation is other than the Authority, it shall be permissible for the Authority, on the request of such authority to grant TDR under this regulation and hold such possession as a facilitator.

 

Provided that, the Authority shall hand over the possession of such land to the concerned Appropriate Authority, after receipt of the value of land, from such Appropriate Authority as per the Annual Statement of Rates prevailing at the time of handing over possession of land under reservation.

 

Provided also that, if such Appropriate Authority is the State Government or State Government Department, the Authority shall handover the possession of such land to the concerned Department, free of cost.

 

11.2.13 Effect of this Regulation

 

DRC issued under the old regulations as per TDR zone, shall be utilized as per these regulations considering the year of generation of TDR mentioned on the original DRC and accordingly land rate in the relevant ASR shall be considered.

 

Provided also that old TDR purchased as per TDR zones for utilization on a specific plot with registered documents of sale and/or specific proposal for utilization of such TDR pending in the ULBs, shall be allowed completely as per the old regulations.

 

Rule No. 11.3 Reservation Credit Certificate (RCC)

 

The reservation credit certificate is a certificate specifying the amount of compensation in lieu of handing over of reserved land to the Corporation and shall be issued by the Authority. The amount mentioned in this credit certificate may be used for payment of various charges like development charges, premiums, property tax, infrastructure charges, etc. to the authority from time to time in the future till exhausting the amount mentioned therein. Reservation Credit Certificate shall be issued subject to the following conditions.

 

i) The authority shall acquire the land under reservation in lieu of RCC only when it is immediately required for the development or creation of amenities or services or utilities.

 

ii) Such certificate shall not bear any interest on the amount mentioned therein and shall be transferable. However, payment being made to the authority through the amount from RCC after six months from the date of issue of RCC shall be discounted @ 10% for the payments to be made under provisions of these UDCPR.

 

iii) The amount of compensation to be paid to the owner shall be as per the provisions of the relevant Acts dealing with land acquisition as amended from time to time.

 

iv) The land to be handed over to the Corporation shall be free from all encumbrances and procedures laid down in TDR regulations shall be followed.

 

The Authority shall endorse the entries of payment on such certificate from time to time. It shall maintain a record in a form considered appropriate by it of all transactions relating to the grant of the utilization of reservation credit certificate.

 

 

Related Regulations to Rule No. 11- 

 

You can visit our other blog on Regulation 11 through the below-mentioned links:

 

Manner of Development of Reserved Site in Development Plan (Accommodation Reservation Principle) in UDCPR 2020