Any city in India is divided into various land use zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone.

So here are the uses permissible in the Agricultural Zone as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

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. 4.11 Agricultural Zone

i) All agricultural uses, including stables of domestic animals, piggeries, poultry farms accessory buildings, tents, etc.;

ii) Golf Course and Links, Race tracks, and shooting ranges with necessary safety measures, Trekking Routes/nature trails/nature walks, etc.;

iii) Garden, forestry, nursery, public parks, private parks; play fields, summer camps for recreation of all types

iv) Public / semi-public sector utility establishments such as electric sub-stations, receiving stations, switch yards, over-head line corridors, radio and television stations, receiving stations, main stations for public gas distribution, sewage treatment, and disposal works, water works along with residential quarters for essential staff required for such works;

v) L.P.G. Godown, subject to the following conditions :-

a) Minimum plot size and area of the plot shall be as decided by the concerned Licensing Authority.

b) The maximum permissible FSI shall be 20% on this plot.

c) Only ground floor structure shall be permissible.

d) It is necessary to obtain a No Objection Certificate from the Controller of Explosives and competent fire authority.

vi) Vehicle Fuel filling Stations, including LPG / CNG / Ethanol / Public Charging Stations for Electric Vehicles, is subject to the following conditions :-

a) The plot shall be located on any road with a minimum width of 12.0 m. or more.

b) FSI for such facilities in this zone shall be up to 20% of gross area, underground structures along with kiosks shall not be counted towards FSI.

c) NOC from the Chief Controller of Explosives shall be necessary.

d) In case the plot is located on any Classified road, the distance from the junction of roads as may be specified by the Indian Road Congress / Ministry of Road, Transport and Highway, shall be followed. (IRC guideline 2009 and MORTH Letter No.RW/NH- 33023/19/99-DO III, Dated 25.09.2003 as amended from time to time)

e) In a plot of Fuel Station, other building or composite building for the sales office, snack bars, restaurant, public conveniences or like activities , may be permitted
 

vii) Pottery manufacture.

viii) Storage and drying of fertilizer.

ix) Farmhouses shall be permitted subject to the following conditions :-

a) Minimum plot area for the above use shall be 0.4 Ha. However, one farmhouse per land holding shall be permitted, irrespective of the size of the land holding.
b) The FSI shall not exceed 0.04 subject to a maximum built-up area of 400 sq.m. in any case. Only ground + 1 floor structure with height not exceeding 9.0 m. shall be permissible.

x) Swimming pools/sports and games, canteen, tennis courts, etc.

xi) Amusement park. 

a) Amusement park with minimum plot area of 1.0 ha. with recreational and amusement devices like a giant wheel, roller coaster, merry-go-round or similar rides both indoor and outdoor, oceanic-park, swimming pool, magic mountain and lake, ethnic village, shops for souvenirs/citations, toys, goods, as principal uses and ancillary activities such as administrative offices, exhibition hall or auditorium, open-air theatre, essential staff quarters, store buildings, fast food shops, museum, small shops, ancillary structures to swimming pool, ancillary constructions along with staff quarters and residential hotels. Maximum permissible FSI shall be 0.70 on the gross plot area, out of which 0.20 shall be without payment of premium and remaining with payment of premium at the rate of 20% of the rate mentioned in the annul statement of rates of very said land without considering the guidelines therein.

b) The required infrastructure, like proper and adequate access to the park, water supply, sanitation, conservancy services, sewage disposal and adequate off-street parking, will have to be provided and maintained by the promoters of the project at their cost.

c) The promoters of the project shall provide adequate facilities for the collection and disposal of garbage at their cost. They will keep, at all times, the entire environment clean, neat and hygienic.

d) Area of Rides, whether covered or uncovered, shall not be computed towards FSI.
 

e) At least 250 trees (of indigenous species) per Hector shall be planted and grown within the area of the park.

f) Sufficient parking facilities and ancillary facilities for cars, buses, transport vehicles, etc., shall be provided on-site.

xii) IT / ITES parks/units with 0.20 FSI, subject to Regulation No.7.8.

xiii) Any building/use by the Government / Semi-Government or Government Controlled

bodies with basic FSI and village resettlement or resettlement of project-affected persons with full permissible FSI as that of a residential zone.

xiv)  Biotechnology unit / B.T. Park subject to Regulation No.7.9.

xv)  Development of buildings of educational, research, and medical institutions, community development, human resources development, rural upliftment, yoga ashram, mediation centers, vipassana centers, spiritual Centres, goshalas, panjarpol, Old Age homes, and Rehabilitation Centres along with allied activities, Planetarium / Astronomical / Astrophysical facilities/projects with FSI of 1.00 on the gross plot area, out of which 0.20 shall be without payment of premium and remaining with payment of premium at the rate of 20% of the rate mentioned in the annul statement of rates of very said land without considering the guidelines therein subject to following conditions :-

Conditions :-

a)  The trees at the rate of 250 trees per hectare shall be planted on the plot.

b)  The provisions of higher FSI mentioned in Chapter - 7 of these Regulations shall apply to the above buildings listed in the said chapter. However, higher FSI in such cases shall not exceed 100% of the above.

c) In case of educational use, 15% of the area may be used for commercial purposes subject to Regulation No.4.10(vi) provisions.

xvi) Integrated highway/Wayside amenities such as motels, way-side restaurants, fuel pumps, service stations, restrooms and canteen for employees working on-site and truck drivers, service godowns, factory outlets, highway malls, hypermarkets along with public conveniences like toilets, trauma center, medicine shop, bank ATMs and like activities with FSI of 0.2 on the gross area without payment of premium and further FSI upto 0.3 with premium at the rate of 20% land rate in Annual Statement of Rates of the said land without considering the guidelines therein, shall be allowed subject to following conditions :-

Integrated Highway / Wayside Amenities may be permitted to be developed on plots of land having a minimum area of 10,000 Sq.m. abutting to National Highways/State Highways or on any road not less than 18.0 m. width.

Provided that, No subdivision of land shall be allowed and the location of the fuel pump, if

provided, shall be separately earmarked.

Notwithstanding anything contained in this regulation, an individual use as mentioned in this

regulation may be permissible, on a road having a minimum width of 12.0 m. The minimum plot size for this regulation shall be the entire holding mentioned in the single 7/12 extract or a minimum of 4000 Sq.m. In any case, Sub-division / layout shall not be permitted.

xvii) Ancillary Service Industries

Ancillary service industries for agro-related products like flowers, fruits, vegetables, poultry products, marine products, related collection centres, auction halls, godowns, grading services and packing units, knowledge parks, cold storages, utility services (like banking, insurance, post office services) etc. on the land owned by individuals/organizations with FSI of 0.20 without payment of premium. Further, FSI up to 1.00 may be granted with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

xviii) Any industry/industries with FSI of 0.20 without payment of premium and further FSI up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein. Minimum buffer open space/setback (which may include marginal distance and road width, if any) from the boundary of industrial Building/use to residential or habitable zone/use, shall not be less than 23.0 m. Such buffer open space shall be kept on the same land.

Provided that, the area under such buffer open space/setback shall not be deducted for computation of FSI.

Provided further that, if the land under the industrial zone is utilized entirely for non-polluting industries, IT / ITES or like purposes, then such buffer zone / open space shall not be necessary.

Provided further that, Industrial layout / sub-division of land shall also be permissible subject to regulations of Industrial Zone. In such case, the plot shall be entitled to 0.20 FSI and further FSI, as mentioned above, shall be subject to payment of premium. The condition to this effect shall be stamped on the layout / sub-division plan and also mentioned in the approval letter.

Provided further that, industrial godowns/godowns shall also be permissible under this regulation.

xix)  Solid waste management, landfill sites, biogas plants, and power generation from waste.

xx)  Power generation from non-conventional sources of energy. Area covered under solar panels shall not be counted in FSI.

xxi)  Brick, tile manufacture.

xxii)  Fish Farming.

xxiii) Religious buildings are subject to conditions as may be prescribed by the Authority.

xxiv) Slaughterhouse or facilities for processing and disposal of dead animals with the special permission of the Authority.

xxv)  Cemeteries and crematoria and structures incidental thereto.

xxvi)  Scrap Market with FSI of 0.20 without payment premium and further FSI up to 1.00 with the payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

xxvii) Mangal karyalayas / lawns.

a) Minimum area for mangal karyalaya shall be 0.4 ha. with FSI of 0.20. It may be

permitted along with essential guest rooms not exceeding 30% of the area of Mangal Karyalaya. The area for parking shall be 40% of the gross area, which shall be properly earmarked and bounded by a bifurcating wall. Further FSI up to 1.00 with payment of premium at the rate of 20% of the land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

b) Lawns for the ceremony shall be 0.8 ha. with an FSI of 0.10. Area for parking shall be 40% of the gross area.

c) The plot for mangal karyalaya or lawn shall abut on road width of a minimum of 9.0 m. in the case of Nagar Panchayat, Municipal Council and Regional Plan area and 12.0 m. in case of other areas.

xxviii) Bus Terminus.

xxix) Construction of any communication route, road, railway, airstrips, ropeways, ports, electric lines, etc.

xxx) Town planning schemes under the provisions contained in the chapter - V of the Maharashtra Regional & Town Planning Act, 1966 shall be allowed for a minimum 20 hectare area, with a proper road network subject to the condition that the entire cost of the scheme shall be borne by the owners. After sanction of the preliminary scheme under section 86 of the Act, all uses as that of a residential zone, shall be permitted. FSI and other regulations shall be applicable as per the residential zone. Or

If the owners come together for development on the aforesaid concept of a town planning scheme instead of undertaking a town planning scheme under the Act, the Authority may allow and approve such development subject to the availability of an existing approach road of a minimum 12.0 m. width and earmarking 40% of the land for roads, parks, playgrounds, gardens, social infrastructure, and sale by the Authority, which shall be handed over to the Authority subject to the following -

a) A minimum of 10% of land shall be earmarked for playgrounds and parks, for which no FSI / compensation shall be allowed.

b Minimum 15% of land shall be earmarked for social infrastructure and that for sale by the authority and shall be handed over to the authority for which compensation in the form of FSI shall be allowed in-situ.

c Road area only to the extent of 15% shall be calculated in this component, for which compensation in the form of FSI shall be allowed in situ. The road area over and above 15% shall be calculated in the owner's / developer's share.

d) The regulation No.3.4 and 3.5 shall not be applicable in this case.

Development permission for uses permissible in a residential zone shall be granted phase-wise after completion of physical infrastructure works, including off-site infrastructure and handing over of land to the Authority. The land under such proposals shall be entitled for basic FSI / Premium FSI / TDR / In-situ FSI as that in the Residential Zone.

xxxi)  Manufacturing of Fireworks / Explosives and Storage of magazines/Explosives beyond 2.0 km. of Gaothan Settlement / Gaothan Boundary subject to No Objection Certificate from the Chief Controller of Explosives.

xxxii)  Development of Cinema and TV film production, shooting, editing, and recording studios with its ancillary and supporting users, including construction of staff quarters, restrooms, canteens, etc., subject to the following conditions :-

a) The minimum plot area (necessarily under one ownership) shall not be less than 2.0 ha.

b) The permissible FSI shall be 0.2 on gross plot area without payment of premium and up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

xxxiii)  Tourist homes, Resorts, Hotels, Motels, Health and Wellness spas, Golf courses, Art and Craft villages, Exhibition cum Convention Centres, Camping-Caravanning and tent facilities, Adventure Tourism Projects, Eco-Tourism Projects, Agricultural Tourism Projects, Medical Tourism Projects, Boutique wineries, Guest houses and Bed and Breakfast scheme approved by MTDC / DoT etc., with Rooms / Suites, support areas for reception, kitchen, utility services etc., along with ancillary structures like covered parking, watchman's quarter, guard cabin, landscape elements, and if required, one observation tower per tourist resort upto the height of 15.0 m. with platform area up to 10 sq.m. in permanent / semi-permanent structural components. The permissible FSI shall be 0.2 on gross plot area without payment of premium and up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

xxxiv)  Tourist Resort Complexes may be permitted with the following conditions :-

A) General conditions - The minimum area of such site shall not be less than 1.00 Ha. and 0.4 Ha. in the case of local residents.

B) Condition for Development -

a)  Maximum permissible FSI in this zone shall be 0.25 of gross plot area without payment of premium and remaining up to 1.00 with payment of premium at the rate of 20% of land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

b)  The uses, like resorts, Holiday camps, recreational activities, and amusement parks, may be permitted in this zone.

c)  If the site is located adjacent to forts, and archaeological and historical monuments, the development shall be governed by the rules prescribed by the archaeological department.

d)  If the site is located near natural lakes, then, development shall be governed by the following :-

f) No subdivision of land shall be allowed.

g) The land should have an approach of a minimum of 9.0 m—wide road.

h) The land having a slope steeper than 1:5, shall not be eligible for development.

C) Infrastructural Facilities - All the infrastructural facilities required on site as specified by the Authority, shall be provided by the owner/developer at his own cost on the site. Proper arrangements for the treatment and disposal of sewage and solid waste shall be made. No untreated effluent shall be allowed to pass into any watercourse.

xxxv)  In the areas of Local Bodies and the area of SPA where a Development Plan or planning proposal is sanctioned, "Pradhan Mantri Awas Yojana" shall be permitted subject to the provisions of Regulation No.14.4.1.

xxxvi)  Individual house of size up to 150 sq.m. for entire holding mentioned in the single 7/12 extract, as of the date of coming into force of these regulations.

xxxvii)  Mining and quarrying subject to provisions of Regulation No. 15.1

xxxviii) In the area of Regional Plans (excluding the area of Local Bodies and SPA where a Development Plan or planning proposal is sanctioned), "Pradhan Mantri Awas Yojana" shall be permitted subject to the provisions of Regulation No.14.4.2.

xxxix) Development of Tourism and Hospitality Services under Community Nature Conservancy around wildlife sanctuaries and national parks shall be permitted as per Regulation No.14.9.

xxxx) Integrated Township Projects as per Regulation No.14.1.1.

xxxxi) Buildings for Three star and above category hotels along National / State Highways, MDR and on other roads not less than 18.0 m. in width, may be permitted with FSI 0.2 on gross area without payment of premium and remaining up to 1.00 with payment of premium at the rate of 20% of land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

xxxxii) Bulk storage and sale of Kerosene subject to NOC of Chief Controller of Explosive, Government of India.

(1) xxxxiii) Development of housing for EWS / LIG as per Regulation No.7.7.

(1) xxxxiv) Development is permissible adjacent to Gaothan as specified in Regulation No.5.1.1.

 Notes :-

1)  The permissible FSI for uses mentioned above shall be 0.20, if not specified.

2) The height of the building shall be permissible as per regulation No.6.10, subject to FSI permissibility under this regulation.

3)  For the uses permissible in the Agricultural Zone, the minimum road width shall be 6.0 m. for non-special buildings, unless otherwise specified, and for special buildings shall be as per Regulation No.3.3.9.

4)  The premium for FSI (allowed with payment of the premium) shall be levied for FSI actually proposed in the permission.

5)  The payment to be recovered in the above cases shall be apportioned 50% - 50% between the Authority and the State Government, unless otherwise exempted by the Government by separate order.

6)  The payment to be recovered in the above cases may be exempted by the Government by separate order in case of deserving charitable institutions.

7)  No such premium shall be leviable in case of Government/Semi-Government or government-controlled bodies.

8)  Trees at the rate of 100/hectare shall be planted on the land, unless otherwise specified.

Related Regulations to Rule No. 4- 

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

Uses Permissible in Various Zones UDCPR 2020

Uses Permissible in Development Plan Reservations in UDCPR 2020

Uses Permissible in Green Belt Zone and River Protection Belt in UDCPR 2020

Uses Permissible in Public and Semi Public Zone in UDCPR 2020

Uses Permissible in Industrial Zone in UDCPR 2020

Uses Permissible in Commercial Zone in UDCPR 2020

What are the Types of Zones in UDCPR 2020

Uses Permissible in Residential Zones R2 in UDCPR 2020

Uses Permissible in Residential Zones R1 in UDCPR 2020

There are general regulations about any construction permissible on land, and no piece of land shall be used as a site for the construction of a building if the site is not eligible for it.

Suppose the Authority considers that the site is insanitary, incapable of being well-drained, or dangerous to construct a building on. In that case, it is not permissible to use this land as a site for construction.

For Example, if the site is in Defense land, Railway region Hilly region, or not appropriately drained in this case there, one cannot construct anything on the land without considering the regulations. This information about reservations and their use is essential when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land.

This information about reservations and their use is very important when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land.

UDCPR 2020 Chapter 3 is all about General Land Development Requirements.

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. 3.2 Means Of Access

3.2.1

Every plot/land shall have means of access, like a street/road, irrespective of its width.

3.2.2

In case of the plot not abutting on a public means of access like street/roads, etc., the plot shall have access from spaces directly connected from the street by a hard surface approach as given below :-

(a) The width of such access ways in non-congested areas shall be as follows :-

(b) In congested areas, the width of such accessways shall not be less than 4.5 m.

3.2.3

Every person who intends to erect a building shall not at any time erect or cause or permit to erect or re-erect any building which in any way encroaches upon or diminishes the area set apart as a means of access.

Rule No. 3.3 Regulations For Land Sub-Division And Layout

Rule No. 3.3.1 Obligation to Prepare Layout

Building Layout or Sub-division proposal shall be submitted for the following :-

i)  When more than one building, except for accessory buildings in the case of residential buildings, is proposed on any land, the owner of the land shall submit a proposal for the proper layout of the building or sub-division of his entire contiguous holding.

ii)  When development and/or redevelopment of any tract of land, which includes division and sub-division or amalgamation of plots for various land uses, is proposed.

iii)  When a group housing scheme or campus/cluster planning of any use is proposed.

iv)  A two-stage approval process, as specified in Regulation No.2.6.1, will be followed for such proposals, wherever necessary.

Rule No. 3.3.2 Roads/streets in Land Sub-division or Layout

A) For Residential Development - The minimum width of the internal road in any layout or

subdivision of land shall be as given in Table No.3A.

Note - For layout or part of the layout where plots of 100 Sq.m. or less are proposed for Economical weaker Sections (EWS), 4.5 m. wide road of length up to 60.0 m. and 6.0 m. wide road of length up to 100 m. may be permitted so that EWS plots can be found on both sides of such roads.

B) For Other than Residential Development : The minimum width of the internal road in any layout or subdivision of land shall be as given in Table No.3B

C) Group Housing Scheme : In the case of group housing schemes, the minimum width of internal roads shall be as given in Table No.3C

Note: It shall be necessary to provide through roads in the group housing scheme of an area of more than 2.0 Hectares so as to coordinate the adjoining major road links (15.0 m. and above) or give way to new road links for adjoining areas. The width required for such road link shall be as per Table No.3A. This shall not bar coordination of smaller width roads approaching from adjoining areas, if owners so desire. Further, the Authority may insist on the coordination of smaller-width roads from adjoining areas, if required, from the planning point of view.

D) Pathways

In the case of the Group Housing Scheme/Campus Planning/Layout of Buildings, a pedestrian approach to the buildings from road/street/internal means of access, wherever necessary, shall be through a paved pathway of a width not less than 2.0 m., 3.0 m. & 4.5 m. provided its length measured from the exit way of the building is not more than 40 m., 60 m., and 100 m. respectively from the main/internal means of access. If the length is more than 100 m., then the width of the road, as provided in Table No.3C, shall be necessary. The marginal distances shall not be required from such pathways. However, the distance between two buildings shall be maintained, which will include the width of such a pathway.

Rule No. 3.3.3  Length of Internal Roads, How to be Measured

The length of the Internal road shall be measured from the farthest plot (or building) to the public street. The length of the subsidiary accessway shall be measured from the point of its origin to the next wider road on which it meets.
Provided that in the interest of the general development of an area, the Authority may insist the means of access to be of larger width than that required under Regulation No.3.3.2.

Rule No. 3.4  Co-ordination of Roads in adjoining lands

While granting the development permission for land sub-division or group housing/campus planning, it shall be necessary to coordinate the roads in the adjoining lands subject to provisions mentioned in Regulation No.3.3.2.C - Note. Also, a proper hierarchy of roads shall be maintained while deciding the width of the road.

Rule No. 3.3.5  Narrow Roads in Congested Areas (Core area in case of Nashik Municipal Corporation) 

In congested areas, plots facing street/means of access less than 4.5 m. in width, the plot boundary shall be shifted to be away by 2.25 m. from the central line of the street/means of access way to give rise to a new street/means of access way of width of 4.5 m. clear from the structural projections. However, this will not be applicable for lanes of any length serving a single plot/property. In these cases, no separate setback from the revised plot boundary shall be required.

Rule No. 3.3.6  Development of Street

Means of access/internal road shall be leveled, metalled, flagged, paved, sewered, drained, channeled, lighted, laid with the water supply line, and provided with trees for shade (wherever necessary), free of encroachment and shall be maintained in proper condition.

Rule No. 3.3.7  Development of Private Street, if neglected

If any private street or any other means of access to a building is not constructed & maintained as specified above, the authority may, by written notice, require the owner or owners of the several premises fronting or adjoining the said street or other means of access or abutting thereon or to which access is obtained through such street or other means of access or which shall benefit by works executed to carry out any or more of the aforesaid requirements in such manner and within such time as the authority shall direct. If the owner or owners fail to comply with this direction, the authority may arrange for its execution and recover the expenses incurred by the owner/owners.

Rule No. 3.3.8  Access from the Highways/Classified Roads

(a) Generally, plots/buildings along Highways and classified roads shall derive access from service roads. However, highway amenities like a petrol pump, fuel station, hotel, etc., may have a direct access from Highways, which shall be subject to the provisions of the National Highway Act, 1956, and State Highways Act, 1955.

(b) The width of roads to be considered while granting development permissions, unless indicated otherwise in the Development Plan/Regional Plan/Planning Proposal/T.P. Scheme, shall be as mentioned in the table below :-

Notes:

1) If the width of any existing road is more than what is specified in the above table, then the greater width shall prevail.

2) If the service roads are provided beyond the right of way with permission granted earlier, then such service roads may be continued further in adjoining land.

3) The above widths of roads may vary according to guidelines or circulars issued by the respective department.

This provision shall be applicable to Area Development Authorities/Metropolitan Region Development Authorities/Special Planning Authorities/New Town Development Authorities and Regional Plan Areas.

Rule No. 3.3.9 Access Provisions for Special Buildings in Regulation No.1.3(93)(xiv)

For notable buildings, as mentioned in 93(xiv) under Regulation No.1.3, the following additional provisions of means of access shall be ensured;

(a)  The width of the main street on which the plot abuts shall not be less than 12.0 m. in a congested area and shall not be less than 9.0 m. in a congested area, and one end of this street shall join another street of width not less than at least 9.0 m. (1) in congested areas and 12.0 m. in non-congested areas.

(b)  The marginal distances on all its sides shall be a minimum of 6.0 m., and the layout for the same shall be approved taking into consideration the requirements of fire services, and the margins shall be of a hard surface capable of taking the weight of fire engine, weighing up to 45 tonnes. The said marginal distances shall be kept free of obstructions and shall be motorable.

(c)  Main entrances to the plot shall be of adequate width to allow easy access to the fire engine, and in no case shall it measure less than 6.0 m. The entrance gate shall fold back against the compound wall of the premises, thus leaving the exterior accessway within the plot free for movement of fire engine/fire service vehicles. If the main entrance at the boundary wall is built over, the minimum clearance (headroom) shall be 4.5 m.

Rule No. 3.3. 10 Cul-de-sacs

In addition to the provisions of Regulation No.3.3.2, Cul-de-sacs give access to plots and extend up to 150 m. normally and 275 m. maximum with an additional turning space at 150 m. may be allowed only in residential areas, provided that Cul-de-sacs would be permissible only on straight roads and provided further that cul-de-sac ends shall be higher in level than the level of starting point. The turning space, in any case, shall not be less than 81 sq.m. in an area with no dimension of less than 9.0 m.

Rule No. 3.3.11  Handing Over of Layout Roads

Whenever called upon by the Authority to do so, areas under internal layout roads shall be handed over to the Planning Authority by way of deed after development of the same, within such period as may be specified in commencement letter/development permission, for which no compensation shall be paid by the Planning Authority.

Rule No. 3.3.12  Intersection of Roads

At junctions of roads meeting at right angles, the rounding off at the intersection shall be done with the tangent length from the point of intersection to the curve being half the road width across the direction of tangent, as shown in Fig.3A. The building shall also set back at required marginal distance from this rounding off.

Fig.3A - Rounding off at junctions of right-angled intersections

Fig.3B - Rounding off at junctions at acute/obtuse intersections.

Rule No. 3.3.13  Acute Angled Junctions

For junctions of roads meeting at less than 60 degrees, the rounding off or cut-off or similar treatment shall have a tangent length of U and V from the intersection point, as shown in Fig.3B. The tangent length at obtuse angle junction shall be equal to half the width of the road from which the vehicle enters as shown in Fig.3B. Provided, however, that the radius for the junction rounding shall not be less than 6 m. for both types.

Rule No. 3.3.14  Land-locked Plot

In case of a plot surrounded on all sides by other plots or reservations, if any, i.e., a land-locked plot that has no access to any street or road, the Authority may require access through an adjoining plot or plots and shall, as far as possible be nearest to the street or road, to the landlocked plot, at the cost of the owner of the land-locked plot & such other conditions as the Authority may specify. If the Plot is landlocked by any reservation, then access may be made available by adjusting the reservation within owners’ land without reduction in area. Such land-locked plots, up to 100 m. shall be considered as fronting on the main road from which the access of a minimum of 9.0 m. width is made available.

Rule No. 3.3.15 Approach by underpass or Over Bridge for adjoining properties.

In case adjoining properties of an owner or different owner are separated by road, river, nallah etc., then the Authority may allow the owner to construct an underpass or over bridge or foot over a bridge of the required size at his cost so as to ease the movement of people/vehicle across the properties.

Rule No. 3.6 Provision for Electric Sub-Station

In case of development/re-development of any land, building, or premises mentioned below, provision for an electric sub-station shall be made as under, if the requirement for the same is considered necessary by the concerned power supply authority.

Provided that the sub-station is constructed in such a manner that it is away from the main building at a distance of at least 3.0 m. and in general does not affect the required side marginal distances or prescribed width of internal access or recreational open space.

Rule No. 3.9 Net Plot Area and Computation Of FSI

For the purpose of computing FSI/Built-up area, the net area of the plot shall be as follows:-

i)  In case of a plotted layout/sub-division/group housing scheme/any development, the net area shall be the balance plot area after deducting the area covered by amenity space under Regulation No.3.5 and Development/Regional Plan proposals, including new roads and road widening, if any, from the total area of the plot.

ii)  For the purpose of computation of FSI / built-up area, the net area of the plot shall only be considered.

iii)  In case of plotted layout, the basic FSI of such net area shall be distributed on all plots on a pro-rata basis or on specific plots as the land owner desires, subject to maximum receiving potential prescribed in these regulations. However, such entitlement of FSI on certain plots shall be clearly mentioned on the layout plan.

iv)  In the case of plots from already approved layouts, the plot area shall be treated as a net plot area.

v)  The above regulations in respect of net plot area and computation of FSI shall apply to proposals in all land use zones.

Rule No. 3.12 Amalgamation Of Plots

i)  Amalgamation of plots/lands shall be permissible if they form a sizable plot from a planning point of view and are contiguous. The amenities and layout plot shall also be entitled to amalgamation, provided the amenities are developed in a proportionate area.

ii)  The amalgamation of plots from the approved layout, which is not desirable from a planning point of view (e.g., as shown in below), shall not be permitted.

iii)  Land separated by a minor watercourse or nallah or road may be entitled to amalgamation provided connecting over a bridge or underpass of sufficient width, and strength is constructed by the owner with the approval of the Authority.

Rule No. 3.13 Development of Cycle Track Along River and Nallah

3.13.1 

A regulation with respect of the development of cycle track along the river and nallah for the Nashik Municipal Corporation area is given in Regulation No.10.5.2.

3.13.2

For other Municipal Corporations, the following regulations shall be applicable.

A cycle track shall be developed along the rivers in green belt areas earmarked in the Development Plan. Also, cycle tracks are developed along the major nallah.

A distance of 6.0 m. from the edge of the minor water course (nallah) is to be left as the marginal distance for the construction of any building. A 3.0 m. a strip of land from the edge of such water course out of this 6.0 m. distance to be left shall be available for use as a cycle track for the general public. The compound wall shall be constructed excluding this distance of 3 m. strip for a cycle track. The owner shall be entitled to FSI of this strip of land for the cycle track, in situ. This 3.0 m. wide strip shall be handed over to the Municipal Corporation, for which, the owner shall be entitled to TDR or in-situ FSI equivalent to 35% of the area of 3.0 m. wide strip. This regulation shall be applicable for the development of land along Nallahs and Green Belt areas as and when it is notified by the Municipal Commissioner after identifying such Green Belt and Nallahs. Where development has already taken place and it is impossible to make provision for such 3.0 m. wide cycle track, then the Municipal Commissioner shall not identify such green belts/Nallahs.

Related Regulations to Rule No. 3 - 

You can visit our other blogs related to Regulations 3 through the below-mentioned links:

Recreational Open Spaces in UDCPR 2020

Provision for Amenity Space in UDCPR 2020

Minimum Plot Area for Various Uses in UDCPR 2020

Provision for Inclusive Housing in UDCPR 2020

Relocation of D.P Reservations (Except Road) UDCPR 2020

Rules for Railway Line, River, Electric Line, Airport, Nallah 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. 1.5 Savings

Notwithstanding anything contained in these regulations, any development permission granted or any development proposal for which any action is taken under the erstwhile regulations shall be valid and continue to be so valid, unless otherwise specified in these regulations.

Provided that, the words 'action taken' in this regulation shall also include the issuance of the letter for payment of Development and other Charges issued after approval of the proposal in principle.

Provided further that if any development permission has been issued before the date of coming into force of these regulations and if work is not commenced within the validity period and such permission is not renewed (1) in time i.e. before the expiry of the validity period of one year, then the said development permission should be deemed to have been lapsed. (1) However, there is no bar to further renew the valid permission from year to year; but such an extended period shall in no case exceed three years.

Provided further that, it shall be permissible for the owner to -

a) Either continues to develop the project as approved under the erstwhile regulations in toto; and for that limited purpose, erstwhile regulation shall remain in force.

In case the commencement certificate is issued and the construction is in progress/part occupancy issued, and if plans for the additional built-up area as per erstwhile regulations are submitted to the Authority either before or after coming into force of these regulations by consuming/utilizing FSI/TDR as per the erstwhile regulations; but could not be sanctioned due to the pandemic situation arisen out of COVID-19, the same may be allowed to be permitted as per the erstwhile regulations in toto including the payment of premium/charges, if the applicant so desires. However, such cases shall be disposed of by the authority before 31st January, 2022; else such applicants will have to submit the

fresh proposal as per these regulations.

Provided further that, if any development proposal as per erstwhile regulations

is submitted before the date of coming into force of these regulations either up to maximum building potential or part of maximum building potential for which any action is not taken under the erstwhile regulations, due to the pandemic situation arising out of COVID-19, it shall be permissible for the owner to continue the project as per the erstwhile regulations in toto up to maximum building potential as per erstwhile regulations, if the applicant so desires (1) and for that limited purpose the erstwhile regulations shall remain in force. However, such cases shall be disposed of by the authority before 31st January, 2022 else such applicants will have to submit a fresh proposal as per these regulations.

b) Apply for a grant of revised permission under the new regulations, if the project is ongoing and the occupation certificate has not been granted fully. In such cases, charges/premiums etc. paid earlier against the FSI sanctioned/exemptions granted in side margins, allowing Residential/Commercial use on the Industrial Zone as per erstwhile regulations shall be deemed to have been paid against such earlier sanctioned FSI/exemptions/allowance of use. In such cases, the charges/premium under these regulations shall be leviable against the revised permission and the charges/premium paid earlier shall be adjusted against the revised charges/premium under these regulations. Provided that no refund is permissible in any case.

c) In case the development is started with due permission before these regulations have come into force, and if the owner/developer, at his option, thereafter seeks further development of plot/layout/buildings as per these regulations, then the provision of these regulations shall apply to the balanced development. The development potential of such an entire plot shall be computed as per these regulations from which the sanctioned FSI of buildings/part of buildings that are proposed to be retained as per the approved plan shall be deducted to arrive at the balanced development potential of such plot and ancillary FSI shall be permissible only on such balance potential. Such balance potential can be distributed on one or more existing, earlier/newly proposed building/s in a group housing scheme.

In case of approved layouts in group housing scheme with buildings having heights between 15.0 m. to 24.0 m., and complying with provisions mentioned in Regulation No.1.3(93)(xiv), NOC from Chief Fire Officer shall not be necessary, if the applicant is applying for revised permission under these regulations.

d) The existing marginal distances including front margin may be allowed for higher floor/floors subject to step margin as per these regulations. In the case of a building sanctioned under the erstwhile regulations as a non-special one with a height of 16 m. with 3.0 m. setbacks and the construction work is in progress, then while revising the plan under these regulations, for heights up to 16.0 m., the setbacks as per the erstwhile regulations shall be allowed to be continued and for the height above 16.0 m. (instead of 15.0 m.), setback as per H/5 requirement shall be insisted in the form of step-margin.

e) For the ongoing buildings for which passages, stairs, lifts, lift rooms etc. are allowed as free of FSI by charging premium, in such cases these free of FSI items are allowed to that extent only and for the remaining balance potential, provisions for free of FSI items of these regulations shall be applicable.

f) For the on-going buildings for which balconies are allowed to be enclosed as free of FSI by charging premium, these free of FSI items are allowed to that extent only and for the remaining balance potential balcony shall only be allowed as mentioned in these regulations.

g) For the cases where occupation certificate is fully granted, revised permission as per these regulations, may be granted subject to provisions of Real Estate (Regulations and Development) Act, 2016, as may be applicable.

Provisions mentioned in (b) to (f) shall be applicable mutatis-mutandis to the proposals to be sanctioned under this provision.

h) If the project proponent applies for occupation with minor amendments in plans approved prior to this UDCPR, then the amendment is permitted as per the erstwhile regulations in terms of internal/locational changes, the amendment to the extent of 5% in the built-up area/dimensions per floor within the permissible FSI as per the regulations may be considered.

Note - The State Government may issue guidelines occasionally, if necessary, for smooth implementation and removal of difficulties in transitional proposals.

1.5 

(i) Megacity Project approved under Regulation No.15.4.3 of Mumbai Metropolitan Regional Plan shall remain valid till completion of the said project as per said regulation.

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

Short Title, Extent & Commencement 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. 14.8 Urban Renewal Scheme

Urban Renewal Scheme (URS) shall be applicable for all Corporations as given below.

14.8.1 Urban Renewal Scheme (URS) for Municipal Corporation Area –

i) “Urban Renewal Scheme” (URS) means any scheme for redevelopment of a cluster or clusters of buildings and structures in a Municipal Corporation Area, over a minimum area of 10,000 sq.m., in a non-congested area and 4000 sq.m. in congested area, bounded by existing distinguishing physical boundaries such as roads, Nallahs, railway lines etc. accessible by an existing or proposed D.P. road which is at least 18.0 m. wide and identified for urban renewal-

However, in specific cases, in which URS is not bounded by roads, Nallahs and railway lines etc., and/or, areas of any vacant or encroached land situated in the periphery of 400 mt. belonging to Municipal Corporation/any Public Authority/Planning Authority / Special Planning Authority, which is not contiguous, is proposed to be included in the URS, then the boundaries of such cluster having non-contiguous area can be decided/finalized the by Municipal Commissioner, in consultation with High Power Committee (H.P.C.). 

However, in specific cases, in which URS is not bounded by roads, Nallahs, and railway lines, then the boundary of the cluster can be decided/finalized by Municipal Commissioner, in consultation with High Power Committee (H.P.C.)

In case of demonstrable hardship such as natural sub-division by roads, Nallahs, river, or railway lines, the area of the cluster can be allowed up to an area of 8000 Sq.m. in the non-congested area which shall be allowed by the Municipal Commissioner in consultation with H.P.C.

However, no forest land shall be included in such URS.

Provided that, encroached forest land may be included in such URS for clearance of

encroachment on such forest land with NOC of Forest Department. However, after clearance of encroachment, such forest land shall be used as mentioned in regulation 14.8.7(i)(g) with the NOC of the Forest Department.

ii) Such URs may be :-

a) Under the Development Plan (D.P.), where the D.P. contains such well-defined Clusters; or

b) Under the Urban Renewal Plan (URP) for the concerned area, prepared and notified by the Commissioner, who may revise the same, as and when required; or

c) By the Promoter of the Urban Renewal Scheme over a cluster or clusters of buildings, where such clusters are not shown on the D.P. and the URP is yet to be prepared. If such plans are submitted and approved, these shall mean to be URP within the meaning of this Regulation.

iii) Building Age Criteria for URC shall be as under:-

The Urban Renewal Cluster (URC) may consist of a mix of structures of different characteristics such as -

a) Unauthorized buildings which are at least 30 years of age

b) Authorized dilapidated buildings, as determined by the Designated Officer appointed by the Municipal Commissioner or as per the regulations of Redevelopment of Dilapidated Buildings

c) Authorized buildings which are at least 30 years of age

d) Buildings belonging to the Central Government, the State Government, Semi- Government Organizations, and Municipal Corporations, as well as Institutional Buildings, Office Buildings, tenanted Municipal Buildings, and Staff Quarter Buildings of Municipal Corporations, that are at least 30 years of age with prior consent of the respective Authority.

e) Any land belonging to the State Government, or any Semi-Government Organization,

Municipal Corporation and MHADA (either vacant or built upon) which falls within the area of the proposed Urban Renewal Scheme including that which has been given on lease or granted on the tenure of Occupant Class II, provided that if built upon, these buildings shall be at least 30 years of age.

f) Any other buildings which may be less than 30 years of age but which by reasons of dis- repair or because of structural/sanitary defects, are unfit for human habitation or by reasons of their bad or sub-optimal configuration or the narrowness of streets are dangerous or injurious to the health or safety of the inhabitants of the area, as certified by the by the Designated Officer appointed by Municipal Commissioner or as per the regulations of Redevelopment of Dilapidated Buildings.

g) Slum areas declared as slums under section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, or slums on Public lands prior to 1st January, 1995 or such other reference date notified by the Government. However such slum area shall be a maximum of 25% of the cluster area.

In the case of Ulhasnagar Municipal Corporation, the minimum area shall be 4000 Sq.m. for non-congested and congested areas.

Notwithstanding Anything Contained in these regulations, it shall not be permissible to develop a declared slum under Regulation No.14.7 which is included in URP/URS prepared & notified as per Regulation No.14.8.1(ii). 

h) The lands belonging to MIDC can be included in the URS after obtaining the necessary clearance from the Industries Department.

Explanation - 1. - The age of a building shall be as of the 1st of January of the year in which URC involving such building, complete in all respects is submitted to the Commissioner or prepared and notified by the Commissioner and shall be calculated from the date of occupation certificate or, where such occupation certificate is not available, from the date of assessment as per the property tax record in respect of such building, available with the Municipal Corporation.

Explanation - 2. - Whenever any authorized building, more than 30 years of age, is included in a URC, the same shall not be done without evaluation of its state of disrepair by the Municipal Corporation, and if such building is found in a state of disrepair, only after giving the owner/occupier (s) thereof, a notice of three months to cause any repairs needed. At the end of three months, if such a building is found to be habitable and safe, such building shall be treated at par with authorized buildings that are less than 30 years of age. If at the end of three months, such a building is found and certified by the Designated Officer appointed by the Municipal Commissioner or as per the regulations of Redevelopment of Dilapidated Buildings as dilapidated and unsafe for habitation, such building shall be included in the URC without the requirement of consents.

Explanation - 3. - If some authorized buildings that are less than 30 years of age or buildings that are developed or in the process of development, under the different provisions of the DCR, are required to be included in the URC for the purpose of wholesome planning, they may be so included, provided the area under such buildings does not exceed 40% of the total area of URC. If any such building is included in the URC without the requisite consent of 70% of all title holders of such building, the Commissioner shall retain such building while designing/sanctioning URS, and the area of such building shall be excluded from the calculation of FSI under this Regulation.

However, the area under the slum mentioned in Regulation No.14.8.1(iii)(G) and the area under the authorized structure mentioned above shall not be more than 50% in aggregate.

Explanation - 4. - When any private land owner/developer

Explanation - 4. - When any private land owner/developer submits such a scheme will be given priority during implementation.

14.8.2 Eligibility for Urban Renewal Cluster (URC) –

i) For Buildings outside Slums - Every occupant of every building falling under a URC on the date of sanction of this Regulation (hereinafter referred to as the cut-off date), shall be eligible for rehabilitation and relocation under the Scheme, by the provisions of Regulation No.14.8.4 and 14.8.5, subject to the ineligibility criteria mentioned herein below.

a) No new Tenancy, occupancy, or any other right created after the cut-off date shall be taken into account in any illegal or unauthorized construction. No unauthorized construction made after the cut-off date in any existing building or in the form of a new building shall be considered while doing the computation of existing FSI or liability of rehabilitation on the URC.

b) Any occupant, who has been allotted any subsidized housing in the respective Metropolitan Region, or in the Corporation area as the case may be, by any public or semi-public authority in the past shall not be eligible for subsidized rehabilitation under a URC as mentioned in Regulation No.14.8.5. For this, a self-declaration in the form of Registered Affidavit shall be considered sufficient which, if ever found to be false, shall render the concerned allottee liable for eviction and prosecution as per law.

c) Subject to the foregoing provisions, only the actual owners of a residential unit of the authorized building and the occupants of unauthorized buildings fulfilling the eligibility criteria mentioned under this Regulation shall be held eligible for rehabilitation and any person, other than the actual occupant, claiming rights as owner/ promoter/developer/ lessee over any land/building/structure included in the URC, shall have no right whatsoever to rehabilitation under the URC in the reconstructed tenements against such land/building/structure. In the case of an unoccupied building or a building occupied illegally, no one shall have the right whatsoever to rehabilitation under the URC, against such building/structure.

ii) Slum Areas - Whenever a Slum area or part thereof is included in a URC, eligibility of the hutment dwellers of such slum area rehabilitation under the URC, shall be governed by corresponding provisions of the Slum Rehabilitation Scheme. Eligibility of any hutment dweller of a Slum area included in the URC shall be certified by the Competent Authorities as notified under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment Act, 1971). For slum dwellers not covered under the Slum Rehabilitation Scheme, the eligibility for rehab area shall be the same as under the Slum Rehabilitation Scheme.

14.8.3  Determination of eligibility and requirement of Rehabilitation and Relocation areas under URS –

i) The Municipal Commissioner shall initiate the process for determination of eligibility and requirement of the alternative area of Rehabilitation and relocation of each occupant under any URS, along with the determination of rights over lands falling under the Urban Renewal Cluster(s) and the consideration thereof.

ii) The Municipal Commissioner shall designate officer(s), not below the rank of Assistant Municipal Commissioner, who shall be called Authorized Officer(s) and shall cause to be done the survey required for the purpose mentioned in Clause (i) above and declare and publish the list of buildings/structures and their owners/lessees, occupants/tenants etc., for inviting suggestions and objections along with relevant records, within one month of such publication for determination of entitled area and the consideration to be offered to the owners/lessees and other right-holders as well as eligibility and admissible area for the occupants, in accordance with the provisions in this Regulation. Authorized Officer(s) shall, after due inquiry and hearing, finalize the said list(s) and cause the same to be published. Appeal against any decision leading to finalization of the said list shall lie with an officer not below the rank of Deputy Municipal Commissioner who is authorized in this regard by the Municipal Commissioner, in writing.

14.8.4 Entitlement of Rehabilitation –

i) All the eligible occupants of the building(s)/slums undergoing redevelopment under a URC shall be rehabilitated in the redeveloped building(s) :

Provided that the Municipal Commissioner may also rehabilitate, in the rehabilitation buildings of the URC, one or more persons declared eligible for allotment of tenement under any other Scheme or Project of the Government or Corporation, Project Affected Persons, outside the area of URC.

ii) Each eligible residential occupant, other than occupants of Slums included in URC, shall be rehabilitated on a carpet area equivalent to the area occupied by such occupant in the old building. However in the case of residential occupants, such carpet area shall not be less than 30 sq.m. and in the case of commercial, such carpet area shall be as per the actual area in possession.

Further, the residential occupants belonging to authorized buildings shall be entitled additional 25% of the eligible area.

iii) Any occupant of a slum structure included in URC, either residential or commercial, whether eligible under the Slum Rehabilitation Scheme or not but eligible under this Regulation, shall be entitled to a carpet area as prescribed in the Slum Rehabilitation Scheme.

iv) All the eligible occupants shall be rehabilitated in the redeveloped buildings of URC as far as possible. However, at the request of or with the consent of an occupant, he may be allotted alternative rehabilitation in a location outside URC, up to the extent of his eligibility, at the discretion of the Municipal Commissioner. Request or consent under this provision shall however be irrevocable.

Explanation - Though the Commissioner shall endeavor to make provision for rehabilitation areas as per the entitlement of each and every eligible occupant, whenever such area, whether for residential user or non-residential user, within a range of 10% of the individual entitlement of any occupant, is not available in the URC, he shall be entitled for rehabilitation in an available tenement of immediately next higher area, subject to the allottee paying for the differential area.

If the beneficiary refuses to pay the specified amount towards such differential area, he will be entitled for an available rehabilitation tenement of immediately lower area, without any consideration towards such reduction in area.

14.8.5 Terms of Allotment of Rehabilitation Tenements –

i) Allotment of rehabilitation tenements for owners belonging to authorized buildings shall be free of cost and without any consideration for the original area and an additional 25% area over and above the eligible area Shall be allowed for the occupants of the authorized buildings, free of Cost.

If any non-residential unit holder demands a residential unit against his non-residential previous holding, such request may be considered by the Commissioner in consultation with HPC. However, to consider such a request shall not be obligatory on the part of the Commissioner.

Allotment of rehabilitation tenements to occupants belonging to unauthorized/illegal buildings and slums shall be at a consideration in accordance with the following Table No.14-X :-

Note for Thane Corporation Area - The erstwhile structures within the Gaothans which subsequently merged with the Municipal Corporation in 1982 will be considered as protected and legal structures.

ii) If an eligible occupant finds it financially unaffordable to pay the amounts as mentioned herein, the Commissioner may allot him a tenement of the immediately lower area. If any eligible beneficiary finds it financially unaffordable to pay even the amount required for the minimum area, or fails to make payment as per the Schedule of payment given by the Commissioner, the Commissioner may allot him a tenement of the minimum area on hire-cum- a purchase basis, till such allottee pays the requisite amount in one or more installments or through EMI payments. Rent in such cases would be decided by the Municipal Commissioner and EMI shall be calculated for such number of years at such rate of interest as may be fixed by the Municipal Commissioner.

iii) Any existing amenity in the URC on the date of coming into force of this regulation which is under the control of a private person/organization and Charitable Trust/religious organization shall be entitled to an area equal to the existing area of such amenity, subject to the following :-

a) For an amenity being used for non-residential activities and under the control of a private person(s)/organization(s), allotment of the equivalent area under URS shall be at 50% of ASR Rate for a commercial area up to 40 Sq. Meters and at 100% of ASR Rate for the commercial area above 40 Sq.m.;

b) For an amenity being used for non-residential and in control of any Charitable Trust or religious organization to raise funds for public welfare activities, such allotment shall be free for an area up to 40 Sq. meters and at 50% of the ASR Rate for construction above 40 Sq. Meters.

c) for an amenity having users like (e.g. Educational/Health-care facility etc.) and under the control of the private person(s)/ organization(s) such allotment shall be at 25 % of ASR Rate for a constructed area up to 40 Sq. Meters and at 50% of ASR Rate for constructed areas above 40 Sq. Meters.

iv) Process of Allotment to Beneficiaries and Conditions thereof :-

a) Process of allotment of tenements to beneficiaries, lease conditions including those pertaining to transfer, formation of co-operative housing societies and policy of maintenance of common amenities of buildings and layout as well as policy regarding any other relevant matter shall be as determined by Corporation from time to time.

b) Allotment of land shall be on lease for the period of 30 years, which shall be renewable for a further period of 30 years at a time. However, the Allotment of rehabilitation tenements for owners and beneficiaries shall be on an ownership basis. This provision of the lease shall not apply to the authorized building constructed on private land.

c) Rehabilitation tenements allotted to beneficiaries shall not be transferable for the first fifteen years, except with prior permission of the Commissioner, who may grant such permission in case of hardship, on payment of premium as below :

i) For the transfer of Rehabilitation tenements allotted to Occupants belonging to the authorized buildings, no premium shall be charged;

ii) For carpet area less than 30.00 Sq.m. premium shall be 10% of the differential amount calculated as per clause (iv) below;

iii) For the transfer of Residential and non-residential Rehabilitation tenements other than those covered under (a) and (b) above, the premium shall be 25% of the differential amount calculated as per the explanation below.

iv) Differential amount for the purpose of clauses (ii) and (iii) shall be equal to the difference in the Annual Statement of Rates (ASR) valuation in the year of transfer and the original consideration paid for the allotment of a Tenement brought forward to the year of transfer through capital inflation index.

Provided that, In case of unauthorized transfer of any Rehabilitation tenement, the Commissioner may regularize the transfer by charging double the premium as mentioned above, with 12% interest from the date of transfer.

Provided further that, If the transferee refuses to pay the premium demanded within 3 months of demand, the Commissioner shall initiate the process of vacating the premises, though in cases of willingness but hardship, the Commissioner may grant installments with 12% interest rate.

v) After consideration for land falling under URC to the person(s) having legal rights in land as per regulation No.14.8.8(iv)(c) is offered and provision for rehabilitation all the eligible beneficiaries of the building(s) under URC is proposed in redeveloped building(s) in URC area as per Regulation No.14.8.4.

In respect of those eligible beneficiaries of unauthorized/illegal buildings and slums entitled to rehabilitation tenement in URC, who do not join the scheme willingly, the following steps shall be taken :-

i) Provision for all of them shall be made in the rehabilitation component of the

scheme.

ii) The details of the tenement that would be given to them by way of allotment on the

the same basis as for those who have joined the scheme will be communicated to them

in writing by the Implementation Agency.

iii)The transit tenement that would be allotted to them would also be indicated along

with those who have joined the scheme.

iv) If they do not join the scheme within 15 days after the approval for Implementation

Agency has been given to the scheme, then action under the relevant provision of the M.R. &T.P. Act, as amended from time to time, shall be taken and their structures 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.

v) 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, 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.

vi) If they do not join till the building permission to the scheme is given, they will completely lose the right to any built-up tenement and their tenement shall be taken over by the Commissioner and to be disposed of as per the MMC Act or as per guidelines issued by the Government from time to time and used for the purpose of accommodating Project Affected Persons and other beneficiaries etc. who cannot be accommodated in-situ. 

14.8.6 The permissible FSI for URC –

i) The FSI permissible in the URS shall be the FSI required for rehabilitation of existing occupiers/tenants + incentive FSI under this Regulation, or 4.00 whichever is higher. Provided that the Incentive FSI component on rehabilitation area shall be governed by the ratio of Land Rate (LR) (in Rs. Per Sq.m.) of the URC under redevelopment to the Rate of Construction (RC) (in Rs. Per Sq.m.), as per the Annual Statement of Rates (ASR) applicable to the area and size of the URC as given in the table below.

Explanation :-

(a) In case of different land rates area applicable to different parts of the URC, weighted

average of all the applicable rates shall be taken for calculating the Average land rate and

basic ratio.

(b) The land rate and the rate of construction for calculation of the basic ratio shall be taken

for the year in which the URS is approved by the competent authority and shall remain unchanged during the entire project cycle of the URS.

FSI shall be calculated over the gross area of the URC, deducting area falling in CRZ and Forest areas if any. However, if the area in CRZ-II is up to 25% of the URC then the FSI shall be allowed to be used in non-CRZ areas. However, no FSI shall be allowed for the area from CRZ-1. Out of the construction area allowed as per Global FSI, FSI that cannot be actually utilized in URC, due to constraints imposed by different provisions of UDCPR, or otherwise, shall be converted into Urban Renewal TDR (URT) which shall be utilizable on a receiving plot. 

ii) The URT may be released by the Commissioner in stages to be decided by him but URT released at any point of time shall never exceed construction done in URC with respect to buildings where Occupation Certificates have been granted and 50% of construction done in URC with respect to buildings where Occupation Certificates are not granted.

iii) The FSI for an Urban Renewal Scheme in the CRZ area shall be governed by the MoEF Notifications issued from time to time, and the same shall be taken into account while computing permissible FSI as per Clause (i) above.

Plot area, considered after deducting the area of URC falling in CRZ / Forest area and area under unbuildable reservations, etc. shall be primarily used for rehabilitation of existing occupants and development of buildable reservations and public amenities with required FSI. After the said development, if there are any eligible occupants left who could not be rehabilitated due to the inability to construct the requisite area for rehabilitation and relocation, owing to constraints imposed by UDCPR, shall be rehabilitated in any nearby URS or in the PAP tenements available with the Corporation; as per the policy guidelines decided by the Corporation.

iv) If after construction of rehabilitation tenements and other areas of entitlement as per the provisions of this Regulation, there is still some building potential left as per the ceiling of 4.0 FSI, construction can be done for free sale, either in independent buildings, or on sub- plots or in composite buildings or in undivided plots along with rehabilitation component.

v) When the FSI is available in URC in case less than 4.0 then 50% of the difference in FSI shall be constructed in the form of EWS/LIG tenements and shall be handed over to the Commissioner. The commissioner may use these tenements preferably for transit accommodation, PAP tenements or staff quarters. However if tenements are not needed for the above purpose then the Municipal Commissioner shall after realization of proceeds from the disposal of these tenements, deposit such proceeds in the Shelter Fund set up under this Regulation.

14.8.7 Development of Reservations contemplated in Development Plan falling in the area of URC –

i) All the reservations in the Development plan falling in the area of URC shall be provided and may be rearranged/relocated, under URS as follows :-

a) Redevelopment/reconstruction in any zone shall be allowed to be undertaken without going through the process of change of zone. However, for the industrial user, the existing segregating distance shall be maintained from the existing industrial unit.

b)  Any land under non-buildable reservations, measuring only up to 500 sq. mt. maybe cleared by shifting the existing tenants from that site.

c) If the area under a non-buildable reservation is more than 500 sq. mt. minimum of 50% of the area under reservation shall be developed for the same purpose and handed over to the Municipal Corporation, subject to a minimum of 500 sq. mt. and the remaining land shall be allowed for development.

d) For the reservation of a parking lot on a land included in URC, a built-up area equivalent to zonal permissible FSI for the area under reservation in that plot shall be made available free of cost to the Corporation or to any other Appropriate Authority. Such a built-up area to be handed over shall be free of FSI.

e) For other buildable reservations on land, built-up area equal to 60% of the zonal permissible FSI under such reservations or existing built-up area of the amenity whichever is more, on that plot shall be made available free of FSI and free of cost to the Municipal Corporation or to the Appropriate Authority. The reservations of compatible nature can be preferably constructed in one or more separate blocks, depending on the area and nature of such reservations and Municipal Commissioner may permit composite development of reservations in case of such reservations.

However, if the HPC/Planning Authority requires a built-up area under any designation/reservation in excess of the zonal permissible FSI, then such excess area shall be considered as rehabilitation FSI and incentive FSI as admissible under this Regulation shall be permissible.

Provided that in case of development of reservations of PH / HDH & HD under the Urban Renewal Scheme, built-up area equal to 30% of the zonal permissible FSI shall be handed over to the Municipal Corporation free of FSI and free of cost, in addition to the rehabilitation of the existing tenements or users if any.

f) Where a proposed Development Plan Road or Regular line of street passes through the Urban Renewal Scheme area, the entire FSI admissible under this Regulation for the area of the road may be given in the same Scheme.

g) Built-up area required for the development of public amenities/reservations shall not be counted while computing permissible FSI under URS. If URS includes areas falling under CRZ and Forest, subject to NOCs of the concerned Authority, these areas may be considered against the compulsory open space to be kept as per DCR.

h) The multiuser mix user in High rise or composite building for public purpose amenities shall be permitted.

ii) If the area under non-buildable reservation except Play Ground in the URS area is more than 2000 sq.m. a minimum of 50% of the area of such reservation or 2000 Sq.m. whichever is more shall be developed for the said purpose.

14.8.8 Preparation and Approval of URS –

i) Subject to the provisions of the Development Plan and the URP prepared and notified by the Commissioner, the Commissioner may prepare a detailed plan, for one or more URCs contained therein, showing proposals for the development/ reconstruction of a cluster of buildings and/or structures, which in the opinion of the Commissioner should be developed or redeveloped under a URS. Such a plan shall include -

(a) Plan for overall development/Redevelopment of specific areas for urban renewal.

(b) Strategies and plans for dealing satisfactorily with areas of bad layout, obsolete development, and slum areas, and relocation and rehabilitation of population.

(c) Open spaces, gardens, playgrounds, and recreation areas.

(d) Area or areas required for making the implementation of such plan for Urban Renewal viable.

ii) After preparation of detailed plans of URC(s), the Commissioner shall place the same for approval of a High Power Committee (HPC) constituted under this Regulation as follows-

After approval of detailed plans of URC(s) as aforesaid, the Commissioner shall proceed to select an Implementation Agency for executing URS in the manner described herein. The proposal to finalise the Implementation Agency shall be put to HPC which will forward the same with the recommendations to the State Government for final approval.

iii) Entitlement for consideration under URS-

Anyone having any legal rights over any parcel of land falling under URS shall, after the establishment of his rights, be offered consideration for such land as per the following provisions which, if declined by any rights holder(s), shall give liberty to the Commissioner to initiate the process of acquisition of such rights under appropriate law. Implementation of URS shall be regarded as a public purpose.

iv) Consideration for Land falling under URS -

a) Person(s) having legal rights in any land required for URS under this Regulation shall be

offered consideration for the entitled area of land as provided hereinafter.

b) The basis for determination of the entitled area towards consideration under the URS Scheme shall be as follows :-

i) Person(s) in legal possession and ownership of unencumbered land :- Entitled area collectively against this parcel of land shall be equivalent to the area of the land.

ii) Person(s) in legal possession and ownership of encumbered land where authorized buildings have consumed FSI less than the permissible FSI :- If the liability of rehabilitation of the occupants of the building(s)/Structure(s) on the land in question is being taken on URS, entitled area collectively against such parcel of land shall be 25% of the area of encumbered land plus the difference of FSI available on such parcel land and the encumbrance; if the occupants of the building(s) are being independently rehabilitated/compensated by the person(s)/rights holders in legal possession and ownership of the land, and not being rehabilitated in URS, entitled area collectively against such parcel of land towards consideration shall be equal to FSI available on the vacated land area.

Provided that the area of rehab is less than the component of free sale, the component for free sale could be enhanced up to 30% by the Municipal Commissioner in consultation with HPC.

iii) Person(s) in possession and ownership of authorized encumbered land where buildings have consumed FSI more than permissible FSI :- If liability of rehabilitation of the occupants of the building(s)/Structure(s) in question is on the land being taken on URS, entitled area collectively against such parcel of land shall be 25% of land area, if the occupants of the building(s)/Structure(s) are being independently rehabilitated/compensated by the person(s)/rights-holder (s); in possession and ownership of the land, and not being rehabilitated in URS, entitled area collectively against such parcel of land towards consideration shall be equal to FSI  available on the vacated land area.

iv) Person(s) having right over unauthorisedly encumbered land :- Entitled area collectively against this parcel of land shall be calculated at 50% of entitled area calculated as per clause (ii) and (iii) above, except when occupant(s) of the building(s) are being rehabilitated/compensated by such Person(s) and are not being rehabilitated in URS, entitled area towards consideration shall be equal to FSI available on the vacated land area.

c) Consideration for Acquisition of land under URP -

i) Consideration for any land required to be procured for URP shall be either in terms of payment due for entitled area collectively against that parcel of land, as calculated in Regulation No.14.8.8(iv)(b) above as per ASR, along with 100% solatium, as applicable for the year of possession, along with 12% annual (2) simple interest from date of possession to date of payment, or in terms of TDR equivalent to the entitled area (2) as per TDR Regulation No.11.2 or in terms of equivalent area constructed in URS (3) or in terms of developed free sale vacant plot of area equal to 50% of entitled area calculated as per clause (i), (ii), (iii) and (iv) of Regulation No.14.8.8 (iv)(b) above, with base FSI of 1.1 in the same URC fronting on same road width as original plot, subject to availability of land. Concerned person(s) shall have option to choose from amongst these (3) four modes of consideration. The option once chosen shall be registered and shall be irrevocable.

ii) Once consideration as above, has been accepted by a person having any interest in the land on which any unauthorized construction exists or existed, the Commissioner may consider such person eligible for Compounding of any offense under relevant provisions of M.R. & T.P. Act with respect to the concerned land/plot.

iii) Wherever any person having demonstrable legal rights over any area falling under URP rejects the consideration being offered, the Commissioner shall forward the proposal for Land Acquisition under the “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” read with section 126(1)(c) of Maharashtra Regional and Town Planning Act, 1966. In such an eventuality, the Commissioner may move the competent authority for advance possession of the land(s) so as to ensure smooth implementation of URS and shall pay the requisite advance, rent, etc. under the “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”, as determined by the Competent Authority.

If, however, there is any dispute only about apportionment of consideration among person(s) having demonstrable legal rights over any land falling under URS, the Commissioner shall ask the disputing parties to approach a Competent Civil Court to get their disputes resolved and to settle apportionment of consideration as offered under this Regulation. Till the final decision in this regard is received, to ensure that URS does not get delayed and adversely affect other parties to the URS; the Commissioner shall cause an area, equivalent to the entitled area corresponding to such land, to be constructed as part of URS and in case the claimant(s) of ownership finally declared eligible by the Competent Court decide upon an option other than constructed area and exercise such other option, as mentioned in Regulation No.14.8.8(iv)(b), the Commissioner shall pay consideration as per such option exercised and such reserved constructed area in URS shall vest with the Corporation.

iv) In any proposed URC, any open plot is included and if the concerned owner is not willing to participate in URC, the compensation payable shall be as per Land Acquisition, Rehabilitation and Resettlement Act, (1) 2013 read with section 126(1)(c) of Maharashtra Regional and Town Planning Act, 1966.

v) In case of buildings or lands belonging to the Central Govt., the State Government, Semi-Government Organizations and Municipal Corporation or MHADA or any Local Government, or any Corporation or Company owned by the Central/State Government or any Local Government (hereinafter collectively referred to as Public Authority), prior consent of such Public Authority shall have to be obtained for their inclusion in the URS. For such lands or buildings, the Commissioner may either offer Market Price, to be decided by mutual consent, subject to ratification by the Municipal Corporation, or may offer constructed area, in-situ or ex-situ, in a composite or independent building or may, alternatively, offer equivalent TDR as per TDR regulations No.11.2 or may offer an exchange of suitable land as per mutual consent, subject to ratification by the Municipal Corporation and thereafter such land(s)/building(s) shall vest with the Municipal Corporation and shall form the part of URS.

14.8.9 Planning for Rehabilitation and Free Sale Plots in URS –

i) The net area of URC shall be calculated after deducting the area under CRZ and Forest, if any. Out of the total net area of the URC, a maximum of 50% area in terms of one or more plots, to be called Free Sale Plots, shall be carved out for raising resources to cover the cost of construction of rehabilitation components and development of all the reservations and amenities. While carving out Free Sale Plots, due weightage shall be given to the fact that the higher is the percentage of these plots in terms of area, the more dense is the Rehabilitation Area, and in exceptional cases, the Commissioner may reduce these Free Sale Plots to zero. The percentage of the free sale plot may be enhanced up to 50% subject to approval by the HPC by considering 100% in-situ Rehabilitation with consumption of minimum FSI of 2.5 and if the net plot area excluding the Recreation Ground area is more than 8000 Sq.mt. under URS. The constructed area available on this Free Sale Plot collectively shall be equal to that available over the whole URC minus that required for rehabilitation and relocation. If Free Sale Plots are more than one, the Commissioner may distribute the available free sale construction area under URS over such plots, as he may deem fit. Such free-sale plots shall be deemed to belong to the C-1/C-2 Zone for the purposes of permissible users thereon.

Provided that, in exceptional cases, the above percentage of free sale plot may further be enhanced beyond 50% in order to make the scheme viable and minimize generation of URT, subject to fulfillment of the following conditions, subject to the approval of HPC :-

a) 100% in-situ rehabilitation;

b) no dilution more than what is mentioned in Regulation No.14.8.7, in the area of development plan reservations. 

ii) After the development of reservations, any occupants who could not be settled due to non-buildability of the required construction area for rehabilitation and relocation, owing to constraints imposed by DCR, shall be rehabilitated in the nearby URS or PAP tenements available with the Corporation; as per policy guidelines decided by the Corporation.

iii) Two or more contiguous URCs within a notified URP having different densities may be permitted to get clubbed for implementation purposes sharing the densities in order to ensure balanced development increasing the viability of clusters.

14.8.10 Selection of Implementation Agency –

If an owner or group of owners or proposed co-op. Hsg. Society of occupants or federation of occupants, either directly or through a Power of Attorney Holder, collectively owning more than (1) 51% of the area of URC or a part thereof, come forward for implementation of URS as per the Detailed Plan prepared by the Commissioner for such URC, within 3 months of declaration of the detailed plans of URC, or within such extended period as may be granted by the Commissioner, they may be selected as Implementation Agency for implementation of URS on such URC. In such a case (2) the infrastructure should be developed by the Implementing Agency at their own cost, otherwise an Infrastructural charges at the rate of 10% of construction cost (2) of buildings of rehab & free sale component (excluding infrastructure) as per prevailing ASR to be received by the corporation. In case owners/stakeholders owning more than 51% of the whole or part area of URS as mentioned above fail to come together, the selection of an implementation agency for the URS shall be done through a transparent bid process.

14.8.11 URS by Private Promoters/MHADA/Co-operative Housing Societies –

i) Whenever there is no URP made by the Commissioner or wherever there is no URS floated by the Commissioner over one or more URCs falling under URP made by the Commissioner, any Private Promoter, MHADA, Co-operative Housing Society, federation of occupants, etc. may approach Commissioner with consent of owners/stakeholders of 51%of any area requiring Urban Renewal, for implementation of URS thereon and Commissioner may, after satisfying himself that conditions mentioned herein, which make an area fit for redevelopment under URS are met, decide to implement URS thereon and, subject to other conditions and processes mentioned in this Regulation, appoint such applicant as implementation agency at the Base Premium. The Authority shall decide the base premium with the approval of the High Power Committee (HPC).

ii) In case where there are some owners (pertaining to less than 30% area) who have not given their consent to the Private Promoter, MHADA, Co-operative Housing Societies, etc. for URS, who are appointed as per Clause (i) above by Commissioner as Implementing Agency, the Commissioner shall offer remaining owners and right holders consideration for their rights as mentioned in the provisions for URS being designed and implemented by Commissioner, and if these considerations are rejected by these dissenting owners or right holders the Commissioner shall forward proposals for Land Acquisition to competent authority. In such cases, if final compensation is in terms of money, the same shall be recovered from the Implementation Agency and if final compensation is in terms of TDR, the market value of such plots as per ASR rates shall be recovered from the Implementation Agency, in addition to the Base Premium.

iii) A Surcharge on Development undertaken by the promoter/Developer at the rate of 100% of the Development charge shall be leviable, which may be paid in stages in proportionate with the progress of work. This surcharge shall not be applicable to the construction within basic FSI, the built-up area to be handed over to the Municipal Corporation or any Public Authority in lieu of any reservation, and also to the amenity areas to be handed over to the Municipal Corporations per the requirement indicated by the Municipal Corporation or the High Power Committee.

Explanation - 1. - In case of inclusion of a Slum in URS, any person/agency having the consent of more than 51%eligible Slum dwellers shall be construed to be the appropriate person/ agency to deal with the issues regarding the whole area of the Slum for the purposes of this subsection only. i.e. for the purposes of decision about the Implementation Agency.

14.8.12  Transit Camps - For smooth implementation of the URS, construction of temporary transit camps may be permitted on the same land or a land situated elsewhere as given here under:

i)  Irrespective of its land-use classification under the Development Plan, construction of temporary transit tenements made of light detachable material such as tubular/prefabricated light structures shall be allowed up to an FSI of 4.0 on any nearby vacant site without any reservation in the Development Plan, with the consent of the land-owner.

ii)  The temporary transit camp shall be provided on or close to the site of URS itself. However in exceptional circumstances to be recorded in writing, construction of Temporary Transit Camps may be permitted on the area of open space required to be kept in accordance with Regulation No.3.4.

iii) Multi-storeyed temporary transit tenements may be allowed to be constructed with 4.00 FSI on the site of URS.

iv) The area of temporary transit tenements shall be excluded from the computation of FSI, but the structural safety of such tenements shall be ensured.

v) Building permission for Temporary Transit Tenements shall be given within 45 days from the date of application but only after approval to the URS, failing which such permission shall be deemed to have been granted.

vi) If a site, reserved in the Development Plan for any public purpose is vacant or partly encumbered, or it happens to be the unused portion of such public purpose for which such site is reserved, and there is no other option for locating temporary transit tenements, then such site or unused portion may be utilized for building temporary transit tenements, with the permission of Commissioner, on payment of such rent and subject to such conditions as the Commissioner may prescribe.

vii) Temporary transit camp erected, under this Regulation shall have to be demolished by the Developer within 30 days from the grant of the Occupation Certificate to the Rehabilitation buildings, and the land there under shall be brought back to the original state.

14.8.13 Non-conforming activities - 

All activities that are existing shall be allowed to be re-accommodated regardless of the non-conforming nature of such activities, except those that are hazardous and highly polluting and those where alternative accommodation has already been provided elsewhere by the Promoter/Developer/Municipal Corporation.

14.8.14 Relaxation in Building and Other Requirements –

i) The calculation of FSI for all purposes shall be on gross area i.e. without deducting any percentage for recreational open space. This shall not affect the requirement of physical open space in terms of keeping aside the said recreational open space on site as per the UDCPR.

ii) The provisions in UDCPR relating to the balcony shall apply to the URS with the modification that there shall be no restriction on the Zone and the balcony shall not reduce marginal open space to less than 3.0 m. However, at ground level, the clear margin of a minimum of 4.5 m. shall be maintained. Enclosed balconies shall be included while calculating the entitled area.

iii) Front and marginal open spaces : For a building in the Rehabilitation Component or composite building having a height up to 24.0 m., front and marginal open space shall be 4.5 m. and for buildings having a height more than 24.0 m., the same shall be 6.0 m.

iv) Notwithstanding the provisions in UDCPR, where the plot abuts a D.P. Road having a width of 18.0 m. and above, the front marginal open space shall not be insisted upon beyond 4.5 m., provided such road is not a Highway.

v) Where the plot abuts a trained nallah, the marginal open space along the nallah shall not be insisted upon beyond 4.5 m. from the edge of the trained nallah or as per the requirement of the SWD Department of, whichever is greater.

vi) The distance between any two rehabilitation buildings is not below 6.00mt.

vii) If the height of a building in URS is more than 25 m., 6.0 m. wide marginal open space or marginal open space as per the requirement of the CFO, whichever is greater, shall be considered.

viii) A Composite building shall contain at least 50 percent of the built-up area as a Rehabilitation Component.

ix) The means of access shall be normally governed by the provisions of UDCPR. However, in the URS, wherever the design of the buildings up to 24.0 m. height in the same land requires some relaxation, the same may be given by the Commissioner; buildings having height exceeding 24.0 m. Shall be permissible only on access having a width of 9.0 m. or more.

x) Even if the recreational open space is reduced to make the URS viable, a minimum of at least 10 percent of the area of URC shall be provided as recreational open space. In addition to this, 10 percent of the URC area shall be earmarked for amenity space which can be adjusted against the D.P. reservation (excluding roads), if any provided the area of such reservation exceeds 25% of the area of the URP.

xi) Amenities not available in the periphery of 400 m. from boundaries of URC shall be developed on an Amenity Plot, subject to the minimum area specified for such amenities under this Regulation, and handed over free of cost to the Corporation without any consideration.

xii) The area to be excluded from the computation of FSI shall be as per these Regulations (UDCPR).

xiii) To make the URS viable, the Municipal Commissioner shall be competent to sanction any relaxation in the parking requirements and marginal open spaces, except for front marginal open spaces, wherever required on account of bonafide demonstrable hardship and for reasons to be recorded in writing, which shall not affect general safety and fire safety requirements.

xiv) All relaxations outlined hereinabove shall be admissible only to buildings in the Rehabilitation Component of URS and also to the composite buildings therein. Premium at the concessional rate shall be charged by the Municipal Commissioner for all or any of the relaxations given hereinabove or for any other mentioned in UDCPR.

xv) The parking in the URS shall be provided as per the provisions of UDCPR.

xvi) Any aspect of development under URS, that is not specified under this Regulation, shall be governed by the relevant provisions of the UDCPR.

xvii) To facilitate redevelopment and to decongest the redeveloped area in the URC, the Commissioner may insist on additional road width, over and above that prescribed in the sanctioned D.P. or the width of the existing roads.

xviii) Provisions of Public amenities and roads under the URS shall be considered at par with reservations and the roads in the Development Plan.

xix) A portion of URC falling under No Development Zone, Buffer Zone, CRZ-I & III, and Private Forest shall form a part of the required Recreational Area in the URS.

14.8.15  

The approving/sanctioning authority for the building plans under the URS shall be the Municipal Commissioner as per the M.R. & T.P. Act, 1966, even if the URS partly consists of declared slums or slums on Municipal / Govt. lands, existing prior to 1 January, 1995 or such other reference date as may be notified by the Government.

14.8.16  

Religious structures existing on the site of URS prior to redevelopment, if allowed to be redeveloped in accordance with the guidelines issued by the Government from time to time; following such redevelopment, shall not have area exceeding their area prior to redevelopment.

14.8.17  

Heritage buildings of Grade - I and II may be included in the area of Urban Renewal Cluster, but have to be kept as they are, along with land appurtenant, but shall not be considered for FSI under this Regulation. As regards such Heritage Structures, the Promoter/Developer shall have to contribute Heritage Cess at 5% of ASR Rates on the basis of the built-up area of the Heritage structure. Existing provisions under these Development Control Regulations shall apply to Heritage Buildings of Grade - III. However, before granting the approval for such buildings, the HPC shall consult the Heritage Committee appointed for that purpose.

14.8.18  

If HPC approves areas for amenities such as Fire Stations / Hospitals / Police Stations / Schools, etc. other than reservations/designations as per Development Plan, such amenities shall be handed over to the concerned Authority, free of cost and the built up area of such amenity shall be considered as rehabilitation F.S.I. and incentive FSI as admissible under this Regulation shall be permissible.

The decision of HPC shall be appealable, as if, it is an appeal under section 47 of the M.R. & T.P. Act, 1966.

14.8.19  

Formation of Co-operative Housing Societies, and their Federations for buildings in URS -

Commissioner shall cause the formation of a Co-operative Housing Society for each and every building, either separately or collectively as he may deem fit, and shall cause to be deposited 25% of the amount of consideration received from the allottees of such building, in a “Building Maintenance Fund” to be utilized by the Co-operative Housing Society of the allottees of such Building, as per the guidelines framed by the Corporation. In addition, the Commissioner shall cause to be deposited 25% of the amount of consideration received from the allottees of each and every rehabilitation and relocation in the URC building, in another Maintenance Fund called “URC Maintenance Fund” to be set up, by the Commissioner, for the dedicated use of maintenance of common facilities/amenities in the URC by the Corporation. The utilization of the URC Maintenance Fund shall be in accordance with the guidelines framed by the Corporation.

14.8.20 Formation of Shelter Fund -

The Commissioner shall cause to be deposited 50% of the amount of consideration received from the allottees and the amount received from the bidding process in a separate fund to be named as “Shelter Fund”, which may be used as per the policy to be formulated by the Corporation for payment of consideration for the acquisition of land falling under URC, providing financial assistance to beneficiaries under URC, procurement of land for the creation of affordable Housing, and promoting affordable housing in the city limits.

Note - If any correction/changes are needed in URS Regulation for the benefit of URC or for success of URC scheme, the decision can be taken at HPC level and subsequently should be communicated to the Government to incorporate such decision in this Regulation.

Related Regulations

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Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

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

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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. 10.6 Vasai Virar City Municipal Corporation

The following regulations shall be applicable for the low-intensity development areas in the Vasai Virar City Municipal Corporation.

The basic and total permissible FSI with DR/TDR on the plot shall be as under :-

Rule No. 10.7 Mira Bhayandar Municipal Corporation

10.7.1 Uses Permissible in Agriculture Zone

The lands along 45.0 m., 30.0 m. wide roads up to a depth of 30.0 m. may be developed for residential purposes on condition that the owner should provide infrastructural facilities such as a septic tank, drainage, water supply, etc. at his own cost.

10.7.2  Manori - Gorai - Uttan Notified Area

Special Development Control Regulations sanctioned for the Manori -Gorai-Uttan Notified Area as amended from time to time shall be applicable for the development/redevelopment in the said notified area being a special Tourism Development Plan sanctioned for this notified area.

Rule No. 10.8 Ulhasnagar City Municipal Corporation

Regulations of unauthorized development in Ulhasnagar City Municipal Corporation shall be governed by the Regularisation of Unauthorised Developments in the City of Ulhasnagar Act, 2006.

Rule No. 10.11 National Park and Tungareshwar Eco-Sensitive Zone

10.11.1 Development around National Park and Tungareshwar Eco-sensitive Zone

The restrictions imposed by the Ministry of Environment, Forests and Climate Change for the Eco-sensitive Zone declared around Sanjay Gandhi National Park and Tungareshwar Eco-sensitive Zone shall be applicable as amended from time to time in addition to these Regulations.

Rule No. 10.12 Maharashtra Airport Development Company Notified Area

10.12.1

In the areas notified for Maharashtra Airport Development Company as Planning Authority/Special Planning Authority, the following additional regulation shall be applicable.

The basic FSI permissible for development in Airport and allied activities/services, Special Economic Zone, Mix Use Zone, and Public-Semi-Public Zone shall be 1.50.

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

Kolhapur Municipal Corporation in UDCPR 2020

Navi Mumbai Municipal Corporation in UDCPR 2020

Bhiwandi Surrounding Notified Area in UDCPR 2020

CIDCO Area Excluding Naina Area in UDCPR 2020