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

 

If the Authority considers that the site is insanitary, incapable of being well-drained, or is dangerous to construct a building on it then 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 drained properly, in this case there, one cannot construct anything on the land without considering the regulations. 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.

 

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. 3.1 Requirements of Site

 

Rule No. 3.1.1 Site Not Eligible for Construction of Building

 

No piece of land shall be used as a site for the construction of the building,

 

i)  If the Authority considers that the site is insanitary, incapable of being well-drained, or is dangerous to construct a building on it;

 

ii)  If the entire site is within a distance of 6.0 m. from the edge of the watermark of a minor watercourse (like nallah, canal) and 15.0 m. from the edge of the watermark of a major watercourse (like the river) shown on Development Plan/Regional Plan or village/city survey map or otherwise;

 

Provided that where a minor watercourse passes through a low-lying land without any well-defined banks, the owner of the property may be permitted by the Authority to canalize the watercourse within the same land without changing the overall alignment and the position of the inlet and outlet of the watercourse according to cross-section as determined by the Authority. In such case, marginal open space shall be stipulated under these regulations and shall be measured from the edge of the trained nallah;

 

iii)  If the site is hilly and has a gradient of more than 1:5;

 

iv)  If the site is not drained properly or is incapable of being well drained;

 

v)  If the owner of the building has not proposed appropriate measures required to safeguard the construction from constantly getting damp to the satisfaction of the Authority;

 

vi)  In case the building is proposed on any area filled up with carcasses, excreta, filth, and offensive matter, then a certificate from the Authority to the effect that it is safe from the health and sanitary point of view, to be built upon, is required;

 

vii)  If the use of the site is for the purpose, which in the opinion of the Authority will be a source of annoyance to the health and comfort of the inhabitants of the neighborhood;

 

viii)  If the proposed occupancy of the building on the site does not conform to the land use proposals in the development plans/Regional Plan or Zoning Regulations;

 

ix)  If the level of the site is less than the prescribed datum level depending on topography and drainage aspects;

 

x)  If it doesn’t derive access from an authorized street/means of access of adequate width as described in these Regulations;

 

xi)  If it is within the river and blue flood line of the river (prohibitive zone), unless otherwise specified in these regulations;

 

xii)  If the site is within the boundary of the Coastal Regulation Zone where CRZ Regulation does not allow development;

 

xiii)  If the site is not developable by virtue of restrictions imposed under any law or guidelines of any Government Department;

 

xiv)  If the entire site is within a distance of 50.0 m. from the mean high flood level of a wetland. The mean shall be calculated as per the provisions of Wetlands (Conservation and Management) Rules, 2017.

 

Rule No. 3.1.2  Distance of Site from Electric Lines

 

No structure, including verandah or balcony, shall be allowed to be erected or re-erected, or any additions or alterations made to a building on a site within the distance quoted in Table No.3 below in accordance with the prevailing Indian Electricity Rules and its amendments from time to time between the building and any overhead electric supply line.

 

Table No. 3 - Distance of site from Electric Lines

Electric LinesVertical (Meters)Horizontal (Meters)
Low and Medium-voltage Lines2.501.20
High voltage lines up to and including 33000 V.3.702.00
Extra High voltage lines beyond 33,000 V3.702.00
Note - The minimum clearance specified above shall be measured from maximum sag for vertical clearance and from maximum deflection due to wind pressure for horizontal clearance.

 

Rule No. 3.1.3  Construction within Blue and Red Flood Line

 

i) Where Blue and Red flood lines are marked on the Development Plan/Regional Plan or received from the Irrigation Department.

 

a) The Red Flood Line and Blue Flood Line shall be considered as per the plan prepared by the Irrigation Department. The area between the river bank and the blue flood line (Flood line near the river bank) shall be a prohibited zone for any construction except parking, open vegetable market, garden, lawns, open space, cremation and the burial ground, sewage treatment plant, water/gas /drainage pipelines, public toilet or like uses, provided the land is feasible for such utilization.

 

Provided that, redevelopment of the existing authorized properties, within the river bank and blue flood line, may be permitted at a plinth height of 0.45 m, above the red flood line level.

 

b) The area between the blue flood line and the red flood line shall be a restrictive zone for the purposes of construction. The construction within this area may be permitted at a height of 0.45 m, above the red flood line level.

 

c) If the area between the river bank and the blue flood line forms part of the entire plot in the Development Zone, then, FSI of such part of the land may be allowed to be utilized on the remaining land.

d) The red and blue flood line, if shown on the Development/Regional Plan/Planning Proposal, shall stand modified as and when it is modified by the Irrigation Department.

 

ii) Where the Blue and Red flood line is not marked on the Development Plan/Regional Plan or not received from the Irrigation Department.

 

Where the Blue and Red flood line is not marked on the Development Plan/Regional Plan or not received from the Irrigation Department, the tentative Blue line shall be earmarked taking into consideration the maximum observed flood level records available locally and also interacting with the residents in the area. The plan showing such a tentative Blue line shall be got approved by the Chief Engineer, Irrigation Department. The distance of 50.0 m. on the landward side from this tentative Blue line shall be treated as a No Construction Zone.

 

In such cases, provisions of Regulation No.3.1.3(i)(a,b,c,d) shall be applicable to that extent.

Till such a tentative Blue line is prepared and marked on the plan, the development permission shall be governed by the provisions of Regulation No.3.1.1(ii) (mentioned above).

 

Rule No. 3.1.4  Development within 30.0 m. Distance from Railway Boundary

 

For any construction within 30.0 m. from the railway boundary, a No Objection Certificate from the Railway Authority shall be necessary.

 

Rule No. 3.1.5  Environmental Clearance

 

An environmental clearance certificate shall be submitted for the project as may be prescribed by the Ministry of Environment from time to time.

 

Rule No. 3.1.6 Development along Highways/Classified Roads

 

The development along the highways shall be subject to the provisions of the State Highways Act, 1965 and National Highway Act, 1956, and orders issued by the Public Works Department, directives issued by the Urban Development Department vide Resolution No.TPS-1819/UOR-36/19/UD-13, dated 5.8.2019, in this regard, from time to time. (1) All the classified roads passing through the (1) ULBs, i.e., Municipal Corporations / Municipal Councils/Nagar Panchayats, shall be treated as city roads.

 

A service road specified in Regulation 3.3.8 shall be provided along State and National Highways on both sides. Where service road of 12.0 m. width is already provided in adjoining land, such service road of the same width may be continued in the development permission. Such service roads may not be insisted on if there is no continuity from junction to junction due to existing authorized development/construction.

 

Rule No. 3.1.7  Development within a certain distance from the Prison Premises

 

The development within 150 m., 100 m., 50 m. from the perimeter wall of Central Prison, District Prison, and any Sub Prison, respectively, shall be regulated and may be permitted with the prior consent of the committee constituted in this regard by the Home Department. This provision shall be subject to the orders issued by the Government from time to time.

 

Rule No. 3.1.8  Distances from Landfill Sites

 

For any residential development, segregating distance from the landfill site shall be observed as specified under Solid Waste Management Rules in force from time to time or as specified by competent authority.

 

Rule No. 3.1.9  Restrictions in the vicinity of Airport

 

For structures, installations, or buildings, including installations in the vicinity of airports,

i)  The height shall be restricted to permissible top elevation as mentioned on Colour Coded Zoning Maps (CCZM) prepared by the Airport Authority of India (AAI) and published on its website.

 

ii)  For any additional height beyond that mentioned in i) above, prior NOC from AAI shall be submitted.

 

iii) A prior NOC from AAI shall be submitted for the areas depicted in red on CCZM.

 

Note -

 

a)  The height permitted by CCZM is indicated Above the Mean Sea Level, i.e., AMSL.

 

b)  Building height permitted, i.e., Above Ground level (AGL), shall be calculated as CCZM height minus the site elevation of the plot.

 

Height of building (AGL) = CCZM height - site elevation.

 

c)  In the absence of aforesaid map, a no objection certificate of the Airport Authority of India shall be required.

 

Explanation

 

i)  Irrespective of their distance from the airport, even beyond the 20 km. Limit from the aerodrome reference point, no building, radio masts, or similar installation exceeding 150 m. in height shall be erected without prior permission of the Civil Aviation Authorities.

 

ii)  The location of a slaughterhouse/abattoir/butcher house or other areas for activities like depositing of garbage, which may encourage the collection of high-flying birds, like eagles and hawks, shall not be permitted within 10 km. from the aerodrome reference point.

 

Rule No. 3.1.10  Restrictions in the Vicinity of Ancient Monuments

 

1)  The Restrictions for Development in the vicinity of the protected monuments of national importance as prescribed under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, shall be observed.

 

2)  The Restrictions for Development in the vicinity of the protected monuments of state importance as prescribed under the Ancient Monuments and Archaeological Sites and Remains Act, 1960, shall be observed.

 

Rule No. 3.1.11  Restriction under the Works of Defence Act, 1903

 

The restrictions imposed under the Work of Defense Act, 1903 shall be applicable, and no development in contravention with the notification shall be permissible.

 

Whether the area affected by the notification under the Works of Defense Act - 1903, is earmarked in the Development Plan/Regional Plan or not, it shall be permissible to treat the area under such restrictive zone as marginal distance at the time of construction of any building proposed on contiguous unaffected area.

 

Provided that, it shall be permissible to utilize the FSI and also the receiving potential of the land under this zone, as otherwise permissible, on the remaining contiguous unaffected land of the same land owner.

 

Rule No. 3.1.12  Distance from Natural Lake and Dam.

 

In the Regional Plan area, no construction shall be allowed within 100 m. of the high flood line of the natural lake.

 

In the Development Plan area, development around the natural lake shall be governed by the provisions made in such plan. In the absence of the provisions in such a plan, the distance specified by the Irrigation Department shall be followed.

 

The regulation regarding clear distances from the High flood line while carrying out any development of any land around the dam and foothill areas as notified and the norms regarding distance as prescribed in Government of Maharashtra, Water Resources Department Marathi Circular No. dt.08/03/2018 and amendments therein, from

time to time, will be applicable henceforth, subject to the following condition.

 

Condition : The concerned land owners/users are prohibited from discharging any garbage/water sewage/waste generated from its premises in the reservoir. It will be compulsory and binding on the land owner/user to make necessary arrangements within the premises for water and sewage disposal management and maintain the zero discharge condition at his own cost.

 

Rule No. 3.1.13 Authorities to Supply Complete Information about Restrictions to the Authority

 

The concerned authority putting restrictions as per their respective legislations/regulations/rules as mentioned above shall make available to the Authority full details of restrictions (including graded restrictions, if any) along with the relevant map detailing restrictions. In the interest of increasing ease of doing business, no individual applicant should be required to approach the concerned departments for NOC. However it is the duty of the applicant to ensure that restrictions informed by the above said authorities are followed scrupulously. The Authority shall make a reference to this effect to the concerned authorities and ensure compliance with the restriction informed by them while sanctioning the development permission.

 

Such information shall be published by the Authority on its notice board/ website and also update it as and when it is updated by the concerned department.

 

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

 

Plotting, Land Subdivisions, and Access Road Rules in UDCPR 2020

 

Kolhapur Municipal Corporation in UDCPR 2020

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

 

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

 

Rule No. 10.9 Kolhapur Municipal Corporation

 

10.9.1 

 

Open spaces, area, FSI and height limitations for characteristic specified areas in Kolhapur.

 

For characteristic specified areas in Kolhapur, listed herein below, shall have the open spaces and regulations for FSI and height limitations as given in table No.10-B below :-

 

TABLE NO.10-B.

Sr.No.

Particulars of

Areas

Minimum size of plotMarginal distance to be observedPermissible Max. built-up area
FrontRearSide
1234567
1Rajarampuri almost all plots are of 40 x 78 except corner plots of 80 x 7840 x 78 = 3120 sq. ft. (12.16 m. x 23.77 m.) 294 sq.m.10.0 (3.05 m.)2.0
(0.60 m.)
2.6
(0.76 m.)
 

 

TABLE NO.10-B.

Sr. No.Particulars of AreasMinimum size of plotMarginal distance to be observedPermissible Max.
FrontRearSide
1234567
1

Shahupuri Commercial lane 30 x 75 (9.12 m. x 22.86 m.) or 40 x 75 (12.16 m. x 22.86 m.)

Part of the old cantonment (new Shahupuri) is Shown as ABCDE on the Development Plan.

30 x 75 = 2250 sq. ft. (9.12 m. x 22.86 m.)1.0 (0.305 m.)1.0 (0.305 m.)1.06-
Shahu Road40 x 75 = 3000 sq. ft. (12.216 m. x 22.86 m.)1.0
(0.305 m.)
1.0
(0.305 m.)
2.6-
Other lanes (12.16 m. x 24.30 m.)40 x80 = 3200 sq. ft. (0.305 m.)1.0
(0.305 m.)
1.0
(0.305 m.)
2.6-
2Laxmipuri80 x 160 = 12800 sq. ft. (24.3 m. x 48.64 m.)20.0 (6.00 m.)5.0
(1.52 m.)
5.0
(1.52 m.)
-
50 x 100 = 5000 sq. ft. (15.2 m. x 30.48 m.)10.0 (3.05 m.)2.6
(0.76 m.)
2.6
(0.76 m.)
-
40 x 80 = 3200 sq. ft. (12.16 m. x 24.3m.)5.0
(1.52 m.)
2.6
(0.76 m.)
2.6
(0.76 m.)
-
3Subhash Road (South side Uma Talkies40 x 100 = 4000 sq. ft. (12.16 m. x 30.4 m.)10.0 (3.05 m.3.0
(0.91 m.)
5.0
(1.52 m.)
-
Gokhale CollegeUp to 3000 sq. ft.10.0 (3.05 m.3.0
(0.91 m.)
5.0
(1.52 m.)
-
4Balbag Vashant80 x 120 = 9600 sq. ft. (24.32 m. x 36.48 m.)15.0 (4.56 m.)10.8 (3.04 m.)5.0
(1.52 m.)
-
5Muskuti Talao40 x 80 = 3200 sq.ft. (12.16 m. x 24.32 m.)5.0
(1.52 m.)
2.6
(0.76 m.)
2.6
(0.76 m.)
-
6

Old cantonment

(New Shahupuri)

The remaining part area excluding in Sr. No.2

80 x 120 = 9600 sq. ft. (24.32 m. x 36.48 m.)2.6
(0.76 m.)
2.6
(0.76 m.)
2.6
(0.76 m.)
-
40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.)2.6
(0.76 m.)
2.6
(0.76 m.)
2.6
(0.76 m.)
-
7Patankar Colony80 x 120 = 9600 sq. ft. (24.32 m. x 36.48 m.)----
Main Road10.0 (3.05 m.)3.0
(0.91 m.)
5.0
(1.52 m.)
-
Other Roads5.0
(1.52 m.)
2.6
(0.76 m.)
2.6
(0.76 m.)
-
8Rajarampur New vasahat East side of Tararani vidyapeeth40 x 80 = 3200 sq.ft. (12.16 m. x 24.32 m.)10.0 (3.05 m.)3.0
(0.91 m.)
5.0
(1.52 m.)
-
9Petala New Mahadwar Road40 x 100 = 4000 sq. ft. (12.16 m. x 30.4 m.) Other plots interior roads.5.0
(1.52 m.)
3.0 (0.91 m.)5.0
(1.52 m.)
-
10Tarabai Park5000 sq. ft. and above (460 Sq.m.)15.0 (4.56 m.)10.0 (3.05 m.)10.0 (3.05 m.)-
3000 sq. ft. to 5000 sq. ft. (278.5 sq.m. to 460 sq.m.)15.0 (4.56 m.)10.0 (3.05 m.)7.6
(2.25 m.)
-
11Shahaji Nagar5000 sq.ft. (460 sq.m.)15.0 (4.56 m.)10.0 (3.05 m.)10.0 (3.05 m.)-
12Sykes Extension80 x 120 = 9600 sq. ft. (24.32 m. x 36.40 m.)15.0 (4.56 m.)10.0 (3.05 m.)10.0 (3.05 m.)-
CTS No. 1143, E60 x 70 = 3200 sq. ft. (18.29 m. x 21.33 m.)10.0 (3.05 m.)5.0
(1.52 m.)
5.0
(1.52 m.)
-
CTS No. 1141, E40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.)5.0
(1.52 m.)
2.6
(0.76 m.
2.6
(0.76 m.
-
13Old Gavat Mandai opposite Jijamata Girls High School40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.) and other Plots.10.0 (3.04 m.)2.6
(0.76 m.)
2.6
(0.76 m.)
-
14Subhash Nagar40 x 60 = 2400 sq.ft. (12.16 m. x 10.24 m.)5.0
(1.52 m.)
2.6
(0.76 m.)
2.6
(0.76 m.)
-
15Jawahar Nagar40 x 60 = 2400 sq.ft. (12.16 m. x 10.24 m.)10.0 (3.05 m.)5.0
(1.52 m.)
5.0
(1.52 m.)
-
16Line Bazar near Masjid40 x 90= 3600 sq.ft. (12.16 m. x 27.42 m.)10.0 (3.05 m.)2.6
(0.60 m.)
2.6
(0.76 m.)
-
17Shivaji Udyam Nagar (Industrial use only permitted except for residential use)80 x 120 = 9600 sq. ft. (24.32 m. x 36.48 m.)20.0 (6.10 m.)3.6 (1.064 m.)2.6 (0.76 m.)-
40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.)5.0
(1.52 m.)
2.6
(0.76 m.)
2.6
(0.76 m.
-
On Rajaram Road 80 x 80 = 6400 sq.ft. (24.32 m. x 24.32 m.)5.0
(1.52 m.)
3.6 (1.064 m.)5.0
(1.52 m.)
-
40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.)5.0
(1.52 m.)
3.6 (1.064 m.)5.0
(1.52 m.)
-
 CTS No.132540 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.)5.0
(1.52 m.)
2.6
(0.76 m.)
2.6
(0.76 m.
-
 CTS No. 1243/2 to 1243/4 for foundry use. Power Nagar, Udyam Nagar extension 20.0 (6.10 m.)5.0
(1.52 m.)
5.0
(1.52 m.)
-
18Dhor Vasahant80 x 160 = 12800 sq.ft. (24.32 m. x 48.64 m.)15.0 (4.56 m.10.0 (3.05 m.5.0
(1.52 m.)
-
19Town Planning SchemeKolhapur No.1 Special----
 For final PlotsUpto 2 Gunthas (less than 2 area)5.0
(1.52 m.)
5.0
(1.52 m.)
2.06 (0.76 m.)50%
 For final Plot2 Gunthas to 5 gunthas (2 Ares to 5 areas)10.0 (3.05 m.)5.0
(1.52 m.)
5.0
(1.52 m.)
50%
 For final Plots5 gunthas (5 Ares)15.0 (4.5 m.)15.0 (4.56 m.)10.0 (3.05 m.)33%
20Town Planning Scheme Kolhapur No.II Special Regulations.
B)Excepting the above further final plots 15.0 (4.56 m.)15.0 (4.56 m.)5.0 (1.52 m.)33%
21Two planning schemes Kolhapur No.III Special Regulations.     
A)The final plot is about 5000 sq. ft. (460 sq.m.) 15.0 (4.56 m.)15.0 (4.56 m.)10.0 (1.56 m.)33%
B)Final plot No.15 and 19 10.0 (3.04 m.)10.0 (3.04 m.)10.0 (3.04 m.)33%
22Mahatma Phulewadi Housing Society40 x 110 = 4400 sq. ft. (12.016 m. x 33.53 m.)10.0 (3.05 m.)2.6 (0.76 m.)2.6 (0.76 m.)-
  40 x 60 = 2400 sq. ft. (12.16 m. x 18.29 m.)10.0 (3.05 m.)2.6 (0.76 m.)2.6 (0.76 m.)-
23Sambhaji Nagar40 x 80 = 3200 sq.ft. (12.16 m. x 24.32 m.)5.0 (1.52 m.)2.0 (0.60 m.)2.6
(0.76 m.)
-
  40 x 60 = 2400 sq. ft. (12.16 m. x 18.29 m.)5.0 (1.52 m.)2.0 (0.60 m.)2.6
(0.76 m.)
-
24

Sagar Mal. Behind Maharashtra Housing Board colony.

(Shastri Nagar)

50 x 85 = 4250 sq. ft. (15.20 m. x 25.90 m.)10.0 (3.05 m.)2.6 (0.76 m.)2.6
(0.76 m.)
-
25Khasbag Road from CTS No. 2557 to 2533 As per Gaothan regulation1.0 (0.305 m.)2.6
(0.76 m.)
-
26Sakoli Vasahat to the South West of Rankala S.T. Stand As per Gaothan regulation1.0 (0.305 m.)1.6
(0.45 m.)
-
27Timber Market100 x 150 = 15000 sq. ft. (30.48 m. x 45.72 m.)15.0 (4.56 m.)15.0 (4.56 m.)15.0 (4.56 m.)-
28Golibar Vasahat K Bavada40 x 40 = 1600 sq.ft. (12.16 m. x 12.16 m.)2.6 (0.76 m.)2.6 (0.76 m.)2.6 (0.76 m.)-
29Patharvat Vasahat Near Daulat Nagar30 x 50 = 1500 sq. ft. (9.14 m. x 15.24 m.)5.0 (1.52 m.)2.6 (0.76 m.)2.6 (0.76 m.-
30

Old Vasahats Dombar Wada

Takala portion on Koti-tirth

Gaothan Regulation would be applicable----
31Sotewala Vasahat 5.0 (1.52 m.)2.0 (0.60 m.)2.6 (0.76 m.-
32Nagala Area of Tarbai Park5000 sq.ft. and above (460 sq.m. & above)15.0 (4.56 m.)10.0 (3.05 m.)10.0 (3.05 m.)33%
  3000 sq. ft. to 5000 sq. ft. (278.5 sq.m. to 460 sq.m.)15.0 (4.56 m.)10.0 (3.05 m.)7.6 (2.25 m.)33%
33Hind Co-operative Housing Society (Ruikar Colony)65 x 80 = 52000 sq. ft. (19.81 m. x 24.36 m.)10.0 (3.05 m.)-7.0 (2.13 m.)-
  60 x 90 = 5400 sq. ft. (18.91 m. x 27.42 m.)15.0 (4.56 m.)5.0 (1.52 m.)7.0
(2.13 m.)
-
34Dinanath Mangeshkar Nagar - site No.272 & 273i) 1500 to below 2000 sq. ft. (139.35 sq.m. to 185.80 sq.m.)10.0 (3.05 m.)5.0 (1.52 m.)5.0 (1.52 m.)1/2
  ii) 2000 to below 3000 sq. ft. (185.0 sq.m. to 278.7 sq.ft.)10.0 (3.05 m.)10.0 (1.52 m.)5.0
(1.52 m.)
1/2
  iii) 3000 to below 5000 sq. ft. (278.7 sq.m. to 464.5 sq.m.)15.0 (4.56 m.)10.0 (3.05 m.)7.6
(2.25 m.)
1/2
35Sagarmal (S.No.1330) E Ward, site No. 338)dododododo
36R.S. No.690 site No. 365

400 sq.ft. (37016 sq.m.)

 

400 to 784 sq. ft. 

(37016 to 67.03 sq.m.)

Gaothan Regulation shall be applied

5.0 (1.52 m.)

2.0 (0.60 m.2.6
(0.76 m.)
-
37Site No.87 (Housing the Dishoused)As mentioned in Sr.No.l35As mentioned in Sr.No.l35---
38R.S.No.711 K, Karveer500 to 1000 sq.ft. (46.45 to 92.90 sq.mt.)5.0 (1.52 m.)-3.0 (0.9 m.) on one side 2.6 (Com- mon distance-
39Remanmala Zopadpatti

1800 to 2000 sq.ft.

(1167.22 to 185.8 sq.m.)

5.0 (1.52 m.)2.6 (0.76 m.)2.6 (0.76 m.)1/2
40Site No.6050 x 30 = 1500 sq.ft. (15.24 m. x 9.14 m.)5.0 (1.52 m.)2.6 (0.76 m.)2.6 (0.76 m.)1/2
41Daulat Nagar1500 sq.ft. (139.35 m.)5.0 (1.52 m.)2.6 (0.76 m.)2.6 (0.76 m.)1/2

 

Note 1 - Maximum permissible Basic FSI for Sr.No.1 to 3 and 26, 27 and 31 shall be 1.5 for residential use and 2.0 for residential cum-Commercial use and for remaining areas, it shall be 1.1 and mix non-residential use to be allowed without any restriction of percentage.

 

Note 2 - The properties fronting on “Mahadwar to Mahadwar Chowk Road” shall be given building permission with a front setback of only 0.5 m.

 

Note 3 - The maximum permissible basic FSI, permissible TDR loading, and additional FSI on payment of premium shall be allowed as per these regulations.

 

Note 4 - Height of building

 

i) The height of the building to be constructed on Kiranotsav Marg of Mahalaxmi Temple shall be determined by the Municipal Commissioner.

 

ii) For Sr.No.1, 2 & 3 - upto 21.0 m. height with marginal distances as per columns No.4, 5 & 6 of the table above.

 

Above 21.0 m. height - it shall be as per Regulation No.(1) 6.1.1(iii), (vi) or Regulation No.6.2.3, as the case may be.

 

iii) For Sr.No.4 to 42 up to 15.0 m. as per columns no 4, 5 & 6 of the table above.


For height above 15.0 m., 1.0 m. set-back for every 3.0 m. height on all sides except the front for the open plot. For the existing structures and ongoing projects, only front and rear setbacks are to be kept in addition to the marginal open spaces as per columns No.4, 5 & 6 of the table above. This may be allowed in the form of a step margin. The side margin as mentioned in column No.6 of the table above may be continued up to 21.0 m. height.

 

Above 21.0 m. height - it shall be as per Regulation No.(1) 6.1.1(iii), (vi) or Regulation No.6.2.3, as the case may be.

 

Note 5 - Other provisions excluding the above, shall be as per UDCPR.


Note 6 - For parking spaces in the basement and upper floor, there should be at least one vehicular ramp of 3.00 m. width in side and rear margin for 4-wheelers and for 2-wheelers or one vehicular ramp of 2.0 m. width for 2 wheeler shall be provided for plot area up to 1000 sq.m. or the owner may provide a minimum 2 Car lifts instead of a Ramp.

 

10.9.2 Height of building on Kiranotsav Marg other than the specified area

 

The height of the building to be constructed along Kiranotsav Marg of Mahalaxmi Temple shall be determined by the Municipal Commissioner.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City in UDCPR 2020

 

Thane Municipal Corporation Area in UDCPR 2020

 

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

 

Nashik Municipal Corporation in UDCPR 2020

 

Vasai Virar City Municipal Corporation in UDCPR 2020

 

Navi Mumbai Municipal Corporation in UDCPR 2020

 

Bhiwandi Surrounding Notified Area in UDCPR 2020

 

CIDCO Area Excluding Naina Area in UDCPR 2020

 

Urban Renewal Scheme 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 :-

 

Table No.14-X

Minimum Carpet Area of Rehab TenementType of Rehab TenementConsideration (i.e. Amount payable by the Allottee to Municipal Corporation)
(1)(2)(3)
For Slum Area
27.88 sq. m.ResidentialZero Payment if eligible under Slum Rehabilitation Scheme Or else Construction Cost as per ASR rates or as per any policy decided by the Government of Maharashtra under the Slum Act, 1971.
For Non-Slum Area
30 Sq.m.ResidentialFree of Cost 
> 30 Sq.m. but less than or equal to 50 Sq.m.ResidentialUpto 30 Sq.m. as above. Beyond 30 Sq.m. at Construction Cost as per ASR rates.
> 50 Sq.m.ResidentialUpto 50 Sq.m. as above. Beyond 50 Sq.m. at Full Market Rate as per ASR
Non-Residential/Commercial Area
16.75 Sq.m.Non-Residential / Commercial AreaFree if eligible under the Slum Rehabilitation Scheme. Or else, Construction Costs as per ASR rates.
> 16.75 Sq.m. but less than or equal to 40 Sq.m.—do—Upto 16.75 Sq.m. as above and beyond 16.75 Sq.m. at 100% of Construction Cost as per ASR rates
> 40 Sq.m.—do—Upto 40 Sq.m. as above and Beyond 40 Sq.m. at 100% of market rate as per ASR.

 

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.

 

Basic Ratio (LR / RC *)Incentive as per scheme
More than 0.40 ha up to 1.0 ha.More than 1.0 ha. up to 5.0 ha.For more 5.0
Above 2.001.752.002.25
Above 1.50 and up to 2.002.002.252.50
Above 1.00 and up to 1.502.252.502.75
Upto 1.002.502.753.00

 

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-

 

Municipal Commissioner-Chairman
Collector-Member
Joint Director Town Planning of the Division-Member
DCP (Traffic)-Member
Chief Officer, MHADA-Member
Joint Director/Deputy Director/Assistant Director - Town Planning of the Corporation-Member Secretary

 

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

 

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

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Special Rules for Pune City in UDCPR 2020

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

 

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

 

Rule No. 10.0 

 

Notwithstanding anything contained in these regulations, the following city/authority-specific regulations shall be applicable to respective Planning Authorities/Areas.

 

Rule No. 10.1 Pune City Municipal Corporation

 

10.1.2 

 

The height restriction in Koregaon Park Area shall be as per special regulations applicable in Koregaon Park Area as below -

 

a) Koregaon Park Area is bounded as below :-

 

i)  The Koregaon Park North Road on the north.

 

ii)  The Ghorpadi village boundary on the east.

 

iv) The Circuit House - Fitzgerald Bridge Road on the west.

 

b) Special Building Rules framed by the Collector of Pune for this area shall be applicable which are as given below -

 

i)  The minimum area of a building plot shall be as mentioned in the layout. No building plot as shown in the layout shall be sub-divided.

 

No building shall be allowed to be erected in any plot unless the said plot has suitable access by an existing metalled road or by a projected road which shall be previously constructed. (i.e. metalled in conformity with the layout sanctioned by the Collector.)

 

ii)  Only one main building together with such outhouses as are reasonably required for the bonafide use and enjoyment by its occupants and their domestic servants shall be permitted to be erected in any building plot. Provided that this restriction shall not prevent the erection of two or more buildings on the same plot, if the plot admeasures at least twice or thrice as the case may be (according to the number of buildings) the minimum size required. Provided also that the same open space shall be required around each main building as if each of these were in a separate building plot.

 

iii)  Every building to be built shall face the road and where the plot has frontage on more than one road the building shall face the more important road.

 

iv)  Every building shall be set back at least 20 feet from the boundary of any road, 40 feet or more in width and 15 feet from the other roads as shown in the layout.

 

v)  No building shall be constructed within 10 feet of the side boundaries of the plot.

 

vi)  The distance between the main building and the rear boundary of the plot shall be; not less than 20 feet. Provided that, subsidiary buildings such as an outhouse, a garage, stable, privy and the like may be permitted at the rear of the main building subject to the condition that such building shall be at a distance of not less than 10 feet from either any building in the compound or boundary of the plot.

 

vii)  The open space to be kept around every building shall be open to the sky and free from any erection except projection of roof, chajja or weather sheds, steps or hounds or fountains with parapet walls not more than 4 feet high. Provided that a balcony or gallery may be allowed to project over such open space if the distance between the outer edge of such a projection and the boundary of the plot is not less than 10 feet.

 

viii)  Not more than one-third of the total area of any building plot shall be built upon. In calculating the area covered by buildings the plinth area of the; buildings and other structures excepting compound walls, steps, open ottas and open hounds or wells with parapet walls not more than 4 feet high or Chajja and weather sheds shall be taken into account. Area covered by a staircase and projections of any kind shall be considered as built over. Provided a balcony or gallery which -

 

a. is open on three sides;

 

b. has no structure underneath on the ground floor;

 

c. projects not more than 4 feet from the walls; and

 

d. length of which measured in a straight line does not exceed 2/3rd the length of the wall to which it is attached; shall not be counted in calculating the built-over area.

 

ix)  No building shall contain more than two storeys including the ground floor.

 

x)  If flats are constructed there shall be not more than two self-contained flats on each floor, each flat being occupied by one family only.

 

xi)  The minimum standard of accommodation to be provided exclusively for one family shall consist of one living room and one bedroom together admeasuring not less than 250 sq. ft. one kitchen, one verandah not less than 6 feet in width in front and rear, a bathroom and a water-closet or latrine.

 

xii)  In no circumstances shall one-roomed tenements be allowed to be constructed or used as residences. No chawls or temporary sheds shall be allowed to be constructed.

 

xiii)  Every building shall have a plinth of at least 2 feet above the general level of the ground.

 

xiv)  No building shall exceed 100 feet in length in any direction.

 

xv)  All subsidiary buildings such as an outhouse providing auxiliary accommodation such as a garage, servant's quarter, stable, storeroom, privy, etc. appurtenant to the main building but detached thereon shall be ground floor structures only and shall be constructed at the rear of the plot at a distance of not less than 10 feet from one another or from the main building or from the boundary of the plot.

 

xvi) The owner of the adjoining plots may be permitted with their mutual consent to group the subsidiary ground floor buildings, such as outhouses, stables, privies, etc. along the common boundary in the rear of their plots provided that such building shall be at a distance of not less than 10 feet from any other building in the compound.

 

xvii)  The minimum floor area of any room intended for human habitation shall be not less than 120 sq. ft.

 

xviii)  No sides of a room for residential purposes shall be less than 10 feet long at least one side of every such room shall be an external wall abutting on the surrounding open space through its length or on an interior open yard (chowk) not less than 300 sq. ft. in the area and l5 feet in any direction or on an open verandah.

 

xix)  The height of every room inside the building shall be not less than 10 feet from the floor to ceiling and in the case of a sloping roof the height of the lowest point thereof shall be not less than 7 feet and 6 inches from the floor.

 

xx)  Every room shall be provided with windows or other apertures other than doors opening out into the internal air for the admission of light and air and the aggregate area of such openings shall not be less than 1/7th of the floor area of the room in which they are provided.

 

xxi)  Privies shall be at the rear of the main building and not less than 10 feet from it. They shall be innocuous to the neighbours. They shall not be within 30 feet of a well and shall be screened from public view.

 

xxii)  No cesspools shall be allowed to be constructed unless there exists an agency for clearing them regularly and properly.

 

xxiii)  No cesspool shall be used or made within 100 feet of any well.

 

xxiv)  No Khalkuwa Khalketi shall be used for the reception of night soil.

 

xxv)  No cattle shall be kept in any part of the residential buildings. No stable or cattle shed shall be constructed within 10 feet of a residential building.

 

xxvi)  Shops may be allowed on the ground floor of the building in the plots reserved for shops only. The upper floor of the building may be used for residence. Provided all regulations applicable to residential buildings are adopted.

 

xxvii)  The Collector may within his discretion sanction or license the erection of any building other than a dwelling house if he is satisfied after necessary inquiry in the locality that the erection and user of such building will not adversely affect the amenities of the adjoining lands or buildings.

 

xxviii)  All buildings shall be of pucca construction and no easily combustible materials shall be used in their construction.

 

xxix)  No boundary or compound wall or fence shall be erected on the boundary not to any street of a greater height than 4 feet measured from the centre of the road in front.

 

xxx)  No addition to or alterations in a building shall be carried out without the previous written permission of the Collector.

 

xxxi)  In the case of land or building situated within the limits of a Municipal Corporation or any other Local Authority, the rules and bylaws of the Municipal Corporation or Local Authority on that behalf shall apply in addition to the regulations prescribed above.

 

xxxii)  The permission shall be liable to be revoked on breach of any of the conditions.

xxxiii)  All the roads within the layout will be constructed and got ready within six months from the date of sanctioning the layout.

 

xxxiv)  Central arrangements for the delivery of water to the individual plot holder will be made and got ready within six months from the date of sanctioning the layout.

 

xxxv)  No building shall be used for other than the residential purposes.

 

Note - This regulation stands modified if modified by the Government/Collector.


10.1.3

 

Notwithstanding anything contained in these regulations, the height of the building shall not be more than 21.0 m. in the following area. This height may be relaxed by the Government in special cases.

 

a) Parvati - Area bounded by Singhagad Road on the north, Singhagad Road on the west, Southern boundary of P.L. Deshpande Udyan on the south, and Road from over bridge up to Laxminagar and western boundary of Tulsibagwale Colony in S.No.89, 90 etc. of Parvati on the east.

 

b) Chatushrungi - S.No.105, 106 pt., 107 pt. etc. of village Bhamburda.

 

The area is bounded by Ganeshkhind Road on the North, Senapati Bapat Road on the east, S.No.106 - South boundary on the south, and the Western boundary of S.No.107,105,106 - on the west.

 

10.1.4 No piece of land shall be used as a site for the construction of the building

 

(a)  If the land is within a prohibited distance (currently of seventy-five meters) from the crest of the outer parapet of the Armament Research and Development Establishment (ARDE), Range Pashan, Pune.

 

(b)  If the land is within a prohibited distance of approximately 457.2 m. (500 yards) from the crest of the outer parapet of the High Energy Materials Research Laboratory (HEMRL), Sutarwadi, Pune as shown on the Development Plan.

 

Rule No. 10.15 Certail Regulations Cease to Operate in Future

 

The Regulation No. 10.3.1, 10.3.2, 10.3.4, shall cease to operate on 1st Jan, 2022 or as decided by the Government from time to time and thereafter provisions of these regulations shall apply.

 

However, in the case of redevelopment projects, the Regulation No.10.1.1 shall continue in effect until 01st Jan, 2026.

 

Rule No. 10.1.1 Height of Building 

 

For a building having a height of more than 36 m., the minimum road width shall be 12 m. and for a building having a height equal to or more than 50 m., the minimum road width shall be 15 m.

 

Related Regulations to Rule No. 10

 

Thane Municipal Corporation Area in UDCPR 2020

 

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

 

Nashik Municipal Corporation in UDCPR 2020

 

Vasai Virar City Municipal Corporation in UDCPR 2020

 

Kolhapur Municipal Corporation in UDCPR 2020

 

Navi Mumbai Municipal Corporation in UDCPR 2020

 

Bhiwandi Surrounding Notified Area in UDCPR 2020

 

CIDCO Area Excluding Naina Area in UDCPR 2020

 

Regulations for Grant of Transferable Development Rights in UDCPR 2020

UDCPR 2020 Chapter 11 is all about the Acquisition And Development Of Reserved Sites in Development Plans as per mentioned in the UDCPR 

 

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

 

Rule No. 11.2 Regulations for Grant of Transferable Development Rights

 

11.2.1  Transferable Development Rights

 

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

 

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

 

11.2.2 Cases Eligible for Transferable Development Rights (TDR)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

restrictions imposed in that regulation.

 

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

 

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

 

11.2.3 Cases not eligible for Transferable Development Rights (TDR)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

x) For the lands owned by the State Government.

 

11.2.4 Generation of the Transferable Development Rights (TDR)

 

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

 

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

 

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

 

Note :-

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

11.2.6 Utilisation of Transferable Development Rights (TDR)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Y= TDR debited from DRC in sq.m.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

c. Coastal regulation zone.

 

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

 

c. Koregaon Park area in Pune Municipal Corporation area.

 

11.2.9 General stipulation

 

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

 

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

 

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

 

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

 

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

 

11.2.10 Transfer of DRC

 

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

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

 

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

 

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

 

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

 

a)  Under direction from a competent Court.

 

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

 

a) by producing fraudulent documents  b) by misrepresentation,

 

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

 

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

 

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

 

11.2.11  Infrastructure Improvement Charges -

 

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

 

11.2.12 Vesting of Land 

 

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

 

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

 

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

 

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

 

11.2.13 Effect of this Regulation

 

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

 

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

 

Rule No. 11.3 Reservation Credit Certificate (RCC)

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Related Regulations to Rule No. 11- 

 

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

 

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