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Various Regulations of Chapter 15 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. 15.2 Erection of Mobile Towers

 

Erection/setting up Telecommunication Cell Sites/Base Stations and installation of the equipment for the Telecommunication network shall be permissible as per the norms of the Department of Telecommunication/Information Technology or the concerned Department of the Central/State Government.

 

Rule No. 15.3 Preparation of Local Area Plan

 

A local area plan is a plan for the comprehensive development of a particular area in a city/town, which may consist of more detailed provisions than that of a development plan addressing the local requirements of the area. The Authority may prepare such a plan consisting of planning requirements at a micro level, local area-specific regulations, urban design, etc. The local area plan shall be prepared by following a procedure similar to that of section 33 of the Maharashtra Regional and Town Planning Act, 1966. After approval of this plan by the State Government, it shall come into force. In the event of provisions of the local area plan not consistent with UDCPR, the provisions of the local area plan shall prevail.

 

Rule No. 15.4 Guidelines for Street Design in City/Town

 

The authority shall ensure the complete design of streets i.e. streets shall be designed to cater to the needs of all users and activities like smooth and convenient vehicular movement, safe and unhampered pedestrian movement for all age groups, safe and easy movement of differently-abled persons, street furniture, etc.

 

The street shall generally be designed to 

 

i) Attract more users

 

ii) Have provisions for pedestrian and cyclist

 

iii) Increase retail activities

 

iv) To provide relevant street furniture and signage

 

v) Plant trees

 

vi) Make provisions for proper illumination

 

vii) Have provisions for underground utilities.

 

Related Regulations

 

You can visit our other blogs related to Regulations 15 through the below-mentioned links:

 

Quarrying Operations in UDCPR 2020

 

Blog 1
Quarrying Operations in UDCPR 2020

UDCPR 2020 Chapter 15 is all about the Regulations For Special Activities/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. 15.1 Quarrying Operations

 

With the approval of the, Authority Mining or Quarrying operations may be permitted in

Agriculture Zone on the following conditions :

 

1) The quarrying and mining operations shall be permitted outside CRZ and notified eco-sensitive zones and heritage precincts but only at specific locations decided by the competent authority. The development permission shall be granted subject to production of order to carry out these activities from the revenue authority concerned under the Minor Minerals Act and NOC of the MPCB.

 

2) The application for Development Permission for quarrying shall include :

 

a) Original 7/12 extract along with a location plan at 1:5000 scale of the quarry site and an area up to 500 meters around the quarry site showing important natural and manmade features and contours.

 

b) A site plan at 1:500 scale showing site boundaries, contours, and all existing natural and man-made features such as hills, water courses, trees, and other important landscape features, access roads, buildings, and other structures.

 

c) Proposed excavation plan and cross sections at 1:500 or larger scale showing proposed phasing; terracing; stepping; benching slopes; locations of process equipment; diversion of water courses; impounding lake; storage areas for topsoil, waste material, quarried material; workers housing; landscaping including screen planting, mounding and measures against visual intrusion, etc.

 

d) A restoration plan including landscaping proposals, phasing, and proposal for reuse of the area after quarrying.

 

e) A report supplementing the excavation and restoration plans, costs, and implementation program.

 

f) Scrutiny fee shall be paid by the owner.

 

g) Development Charge for the land under quarrying shall be paid by the owner, as per the

provisions of section 124-B of the M.R. & T.P. Act, 1966, at 0.50% of the rates of developed land mentioned in the A.S.R. of the Registration Dept. of the year in which permission is granted.

 

3) No quarrying shall commence until the excavation plan is also approved by the Director of Geology and Mining, Government of Maharashtra.

 

4) The Restoration Plan approved by the Planning Authority shall be carried out in consultation with the concerned Conservator of Forest or District Forests Officer, and the Revenue Authority.

 

5) The natural gradient of the slope should be maintained during quarrying operations. The slope of the foot-wall side (A slope in the direction in which mining does not exist) should be properly organized by planting adequate trees of suitable species so as to have soil-binding vegetation.

 

6) In the case of murum quarrying, entire weathered soil or murum shall not be excavated exposing hard rock; instead, a capping of at least half a meter be left so that it can support vegetation and plantation that be done later on. Similarly, these operations shall not cause depression below the average ground level.

 

7) The watercourse, if any from a higher slope, should be properly diverted out of the quarry area so that minimum water flows into the quarry and is safely channeled out of any nearby human settlement.

 

8) During quarrying operations, the water should be sprayed at least once in a day over the roads at quarry sites and nearby areas.

 

9) Kachha road leading to the quarry site shall be invariably sprayed with water during the period when trucks carry murum. In addition, to minimize dust pollution, measures such as the adoption of hoods at transfer points, vulcanizing of conveyor belt joints, under belt cleaning devices, apart from the installation of a dust extrication system for conveyance, shall be adopted. The kachha road leading to the quarry shall have a roadside plantation in order to arrest the dust pollution.

 

10) No Quarrying and crushing shall be permitted if a highway or public road having a width of 30 m. or more, a railway line, or any human settlement is located within 200 m. from the quarrying site. However, for quarrying with blasting operations, the distance shall be at least 500 m.

 

11) Residences for laborers and related temporary structures should be constructed at least 500 meters away from the place of blasting as well as from the place of quarrying. Heavy blasting by the use of heavy machinery shall be prohibited

 

12) The development permission for quarrying shall be granted for period of 1 year and may be revalidated every year for a maximum period of 3 years. After this fresh permission for further quarrying will be necessary. In granting such fresh permission, the Authority shall have regard to the applicant’s performance in observing the approved excavation and restoration plans, and in carrying out the quarrying operations in accordance with these guidelines.

 

Related Regulations

 

You can visit our other blogs related to Regulations 15 through the below-mentioned links:

 

Various Regulations of Chapter 15 in UDCPR 2020

 

Blog 1
Integrated Logistic Park (ILP) 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. 14.11 Integrated Logistic Park (ILP)

 

Integrated Logistic Park shall be allowed in Commercial, Industrial, and Agricultural Zone in the Development Plan and Regional Plan areas and shall be governed by the provisions mentioned herein below.

 

14.11.1 Eligibility for Establishment of Logistic Park

 

The private land owners or developers appointed by him or any Company with a legal entity may apply for permission for Integrated Logistic Park.

 

14.11.2 Activities Constituting Logistic Park

 

A logistic Park can include the following activities. (The list is indicative)

 

i) Logistic Services.

 

a) Cargo aggregation/segregation.

 

b) Sorting, grading, packaging/ repackaging, tagging/labeling.

 

c) Distribution/Consumer Distribution.

 

d) Inter-model transfer of material and container.

 

e) Open and closed storage for the transit period.

 

f) Custom bonded warehouse.

 

g) Container freight station.

 

h) Container terminals.

 

i) Material handling equipment facilities for efficient movement and distribution of Semi-finished or finished products.

 

ii) Infrastructure

 

a) Internal roads

 

b) Power line

 

c) Communication facilities

 

d) Internal Public Transportation System

 

e) Water distribution and water augmentation facilities

 

f) Sewage and drainage lines

 

g) Effluent treatment and disposal facilities

 

h) Fire Tenders arrangements – Parking

 

iii) Business and commercial facilities

 

a) Dormitories

 

b) Guest Houses

 

c) Canteen

 

d) Medical Centre

 

e) Petrol Pump

 

f) Banking and finance

 

g) Office Space

 

h) Hotel

 

i) Restaurants

 

j) Hospital/Dispensary

 

k) Administration office

 

iv) Common Facilities

 

a) Weigh Bridge


b) Skill Development Center


c) Computer center


d) Subcontract exchange


e) Container freight station


f) Production Inspection Centre


g) Repair workshop for vehicles & production machinery in the park.

 

The list of permissible activities as revised by the Department of Industries, Government of Maharashtra, from time to time, shall be applicable.

 

14.11.3 Procedure for Development of Logistic Parks

 

Private land owners or developers appointed by him may apply to the Authority for the development of a Logistic Park under this Regulation. After sanction of permission by the Authority for setting up a Logistic Park, such area shall be deemed to be converted for industrial use in the respective Development Plan or Regional Plan and shall be available for development of Logistic Park. However, in the case of land in the Agricultural zone, the premium shall be charged at the rate of 15% of land value as per ASR, without considering the guidelines therein.

 

14.11.4 Integrated Logistics Park (ILP)

 

An “Integrated logistic park” will be defined as one that is spread over a minimum of 5 acres of land and has a minimum 15-meter-wide access road. A minimum of 70% of the total area of ‘Integrated Logistic Park’ shall be used for providing logistic services, and the remaining area shall be permitted for support services and common facilities. Floating of FSI shall not be permissible from the area of industrial zone to the area of support services or vice versa, but floating of FSI shall be permitted within the respective areas of industrial zone and support activity zone separately. The Integrated Logistics Park shall provide the following minimum infrastructure and common facilities.

 

i)  Infrastructure :

 

a) Internal roads

 

b) Power line

 

c) Communication facilities

 

d) Water distribution and water augmentation facilities

 

e) Sewage and drainage lines

 

f)  Effluent treatment & disposal facilities

 

g) Fire tender arrangements h. Parking

 

ii)  Common facilities:

 

a) Dormitories

 

b) Canteen

 

c) Medical Centre

 

d) Weigh Bridge

 

The parking and other essential services mentioned in Regulation No.14.11.2(ii) will be free of FSI. The letter of Intent for the development of an Integrated Logistics Park shall be issued by the Directorate of Industries. The development in the said Logistics Park shall be completed within 5 years from the date of issue of the Letter of Intent (LOI). The extension to time limit up to a minimum of one year at a time and not more than 3 times may be granted on merits. The Directorate of Industries will be the registering agency for all Integrated logistic parks. The procedure adopted for the issue of a letter of intent and registration would be in line with that adopted under the Integrated Industrial Area. The developer of Integrated Logistics Park will have to develop the infrastructure and create and maintain the facilities. Such facilities can be hired/leased/rented or put to own use by the Developer.

 

14.11.5 Logistics Park (LP)

 

Logistics park/building with a minimum of 20000 sq. feet Built up Area with basic FSI will be designated as Logistics Park (LP). The 80% of the total area of ‘Logistic Park’ should be used for providing logistic services and up to 20% of the total area will be permitted for support services and common facilities mentioned in Regulation No.14.11.2 (iii and iv). Logistics Parks will be allowed applicable FSI in these Regulations. The letter of Intent for the development of a Logistics Park shall be issued by the Directorate of Industries. The development in the said Logistics Park shall be completed within 3 years from the date of issue of the Letter of Intent (LOI). The extension to time limit up to a minimum of one year at a time and not more than 3 times may be granted on merits. The Directorate of Industries will be the registering agency for all logistic parks. The procedure adopted for registration would be in line with that adopted under the IT/ITES Policy 2015. The developer of Logistics Park will have to develop the infrastructure and create and maintain the facilities. Such facilities can be hired/leased/ rented or put to own use by the Developer.

 

14.11.6 Upto 200% Additional FSI for Integrated Logistics Park & Logistics Park

 

For Integrated Logistic Parks & Logistic Parks, the FSI permissible for Industrial Zone as per these regulations shall be applicable. Upto 200% of additional FSI shall be admissible over and above the basic FSI for the development of Integrated Logistic Park & Logistics Park with or without premium as follows :-

 

Sr. No.Location of Parks (As defined under PSI 2013)Premium
1No industries district and Naxalism-affected  areasNil
2Areas other than PMC, TMC, Kalyan Dombivali, Mira Bhayendar, Panvel, Ulhasnagar, Ambarnath, Navi Mumbai Municipal Corporation, NID and Naxalism Affected Areas10%
3PMC, TMC, Kalyan-Dombivali, Mira Bhayendar, Panvel, Ulhasnagar, Ambarnath, Navi Mumbai Municipal Corporation15%

 

Note : However premium charged will be limited up to the demand made by the developer for additional FSI.

 

14.11.7 Permissible Height

 

For Integrated Logistic Park & Logistics Park, the height of the building up to 24 m. or as per requirement shall be permitted.

 

Related Regulations

 

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

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Blog 1
Industrial Township under Aerospace and Defense Manufacturing Policy 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. 14.12 Industrial Township under Aerospace and Defense Manufacturing Policy

 

Industrial Township under the Aerospace and Defense Manufacturing Policy shall be permitted in Commercial, Industrial, and Agricultural Zone in Development Plan and Regional Plan areas. Other stipulations for Industrial Township under Aerospace and Defense Manufacturing Policy - 2018, declared by the State Government in Industry, Energy Labour Department vide Government Resolution No.Asangho-2015/Pra.Kra.98/Udyog-2, dated 14/02/2018, shall be applicable.

 

The FSI permissible for this Industrial Township shall be as per the FSI permissible in the Industrial Zone. The lands that are included in the Agricultural Zone in the Development or Regional Plan shall be treated as included in the Industrial Zone after the permission is granted for this Industrial Township.

 

Provided that up to 20% of the total built-up area of such Industrial Township may be used for residential/commercial purpose/support activities.

 

Provided further that the Research and Development Institutions in such Industrial Township shall be eligible for an additional 0.50 FSI over permissible FSI as per these Regulations.

 

Rule No. 14.13 Development of Integrated Industrial Area

 

The development of an Integrated Industrial Area within the jurisdiction of Maharashtra Industrial Development Corporation shall be allowed as per the Urban Development Department’s Notification No.TPB-4314/20/CR-32/2014/UD-11, dated 1st August, 2015. The Principal Regulations referred to in the said notification shall be deemed to have reference to provisions of UDCPR along with specific regulations related to MIDC mentioned in Chapter 10.

 

Related Regulations

 

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

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Blog 1
Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park 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. 14.9 Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park

 

14.9.1 Applicability - 

 

These regulations shall apply to the privately owned (not applicable to forest land) lands falling in the Agriculture/No Development Zone situated within 5 km. distance from the boundaries of wildlife sanctuaries and national parks in the State of Maharashtra. The provisions of existing Regional Plans/Development Plans will prevail over these regulations, wherever lands are earmarked for urbanisable zones in such plans.

 

14.9.2 Regulation - 

 

For the lands situated within 5 km. distance (or up to a limit of notified eco-sensitive zone, whichever is more) from the boundaries of wildlife sanctuaries and national parks, if the land owner applies for development permission, for the development of eco-tourism, nature tourism, adventure tourism, same may be allowed; provided the land under consideration has a minimum area of one hectare in a contiguous manner.

 

i) Permissible users and built-up area -

 

The users permissible in the Agricultural Zone / No Development Zone area shall be as follows :-

 

a) Agriculture, Farming, development of wild animal shelters, plantation, and allied uses.

 

b) Tourist homes, Resorts, Hotels, etc. with Rooms/suites, support areas for reception, kitchen, utility services, etc. along with ancillary structures like covered parking, Watchman’s quarter, guard cabin, landscape elements, and only one observation tower per tourist resort up to the height of 15.0 m. with platform area up to 10 sq.m. in permanent / semi-permanent structural components.

 

ii) The norms for buildings shall be as follows -

 

a) The construction activities shall be as per the Zonal Master Plan/Regional Plan/Development Plan of the concerned protected area.

 

b) The maximum permissible total built-up area shall not exceed 10% of the gross area with only G + 1 structure having a height not more than 9.0 m. and it should blend with the surroundings.

 

c) The Fencing/fortification may be permissible for only 10% of the total land area around built-up structures in the form of chain links without masonry walls thereby keeping the remaining area free for the movement of wildlife.

 

d) Tourism infrastructure must conform to environment-friendly, low height, aesthetic architecture, natural cross ventilation; no use of asbestos, no air pollution, minimum outdoor lighting, and merging with the surrounding landscape. They should generate at least 50% of their total energy and fuel requirement from non-conventional energy sources like solar and biogas, etc.

 

e) The owner shall establish an effective sewage disposal and recycling system during the construction and operational phase of the development. No sewage shall be allowed to be discharged into the natural stream.

 

If in cases, where a lack of compliance is observed, the concerned authority should issue a notice to the resort owner/operator for corrective action within 15 days, failing to do so or having not been satisfied with the action taken or reply/justification received, any decision to shut down the unit may be taken, by the respective authority.

 

f) The owner shall establish effective systems for collection, segregation, composting and/or reuse of different types of solid waste collected during the construction and operational phase of the development.

 

g) The plastic components used within the area shall be recycled; failing which the resort shall be closed down within 48 hours.

 

h) Natural streams/slopes/terrain shall be kept as it is, except for the built-up area.

 

i) On an area other than 10% area, only local trees shall be planted and only natural vegetation shall be allowed.

 

j) For the development of such type already taken place, Condition no. (c) above shall be applicable retrospectively to the extent of restricting the fencing and keeping the remaining area free for the movement of wildlife.

 

k) While allowing such development, principles given in the National Tiger Conservation Authority, New Delhi Notification No.15-31/2012-NTCA, dated 15/10/2012 published in the Gazette of India Ext. pt. III S-4 dated 08/11/2012 and Government of Maharashtra as amended from time to time shall be used as guidelines.

 

l) All regulations prescribed in the Eco-Sensitive zone Notification of the concerned National Park/Wildlife Sanctuary should be strictly followed and all clearances required should be taken.

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Blog 1
Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

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

 

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

 

Rule No. 14.7 Slum Rehabilitation Scheme for Other Municipal Corporations

 

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

 

14.7.1  Eligibility for Redevelopment Scheme

 

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

 

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

 

14.7.2  Definition of Slum, Pavement, and Structure of Hut

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

14.7.3 Joint ownership with spouse

 

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

 

14.7.4 De-notification as Slum Rehabilitation Area

 

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

 

14.7.5 Applicability

 

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

 

14.7.6 Right of the Hutment Dwellers

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14.7.7 Building Permission for Slum Rehabilitation Project

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14.7.8 Rehabilitation and Free-Sale Component

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a) The Rehabilitation Project is approved by the SRA.

 

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

 

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

 

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

 

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

 

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

 

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

 

e)  No sale component shall be permissible.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14.7.9 Temporary Transit Camps

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

vii) Incentive Commercial Areas for Society and NGO -

 

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

 

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

 

14.7.11 Relaxation in Building and Other Requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

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

 

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

 

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

 

14.7.12 Slums and Development Plan Reservations :

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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


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

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


a) Such slum should be notified slum.


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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14.7.14 Payments to be made to SRA and Instalments :

 

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

 

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

 

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

 

14.7.15 Conversion of Old Project into New Project :

 

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

 

ii) Exceptions

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Related Regulations

 

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

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Blog 1
Slum Rehabilitation for Pune, PCMC, PCNTDA and Nagpur 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. 14.6 Slum Rehabilitation for Pune, PCMC, PCNTDA and Nagpur

 

The slum Rehabilitation Scheme Regulations for Nagpur Municipal Corporation shall be applicable as sanctioned by the Government from time to time.

 

14.6.1 Short Title, Commencement and Extent


1. The said Regulations shall be called as “The Development Control Regulations for the Slum

Rehabilitation Authority, Pune & Pimpri-Chinchwad Area, Pune, 2022 (hereinafter called “ the said regulations”)

 

2. The said Regulations shall be applicable to the area under the jurisdiction of SRA, Pune i.e. the entire area of Pune Municipal Corporation (P.M.C.), Pimpri-Chinchwad Municipal Corporation (P.C.M.C.) and P.M.R.D.A. (restricted to earlier P.C.N.T.D.A. Area) and M.I.D.C. area in P.M.C. & P.C.M.C. as notified under sub-section 1 of Section 3(A) of Maharashtra Slums Areas (Improvement, Clearance and redevelopment) Act 1971 from time to time by the State Government.

 

3. The said Regulations shall come into force on the date of their notification by the State Government in the Official Gazette. They shall replace all the existing Development Control Regulations for Slum Rehabilitation Areas in Pune and Pimpri—Chinchwad Municipal Area, Pune.

 

14.6.2 Definitions


(a) “Amenity Component” shall mean any constructed amenities, prescribed by C.E.O., S.R.A.

for rehabilitation of the hutment dwellers in any S.R.S.

 

(b) “Annual Statement of Rates (A.S.R.)” is the annual statement of rates of lands and properties, prepared annually by the Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune.

 

(c) “Beneficiary” shall mean hutment dwellers found eligible as protected occupiers, as defined in the Slum Act and/or orders issued thereunder.

 

(d) “Built-up area” means the area covered by a building on all floors, including the cantilever portion and the mezzanine floor, if any, except the areas specifically excluded from F.S.I. under the said Regulation.

 

(e) “Composite Building” shall mean a building comprising both a Rehabilitation component and a Free-Sale component or a Built Up Amenity component

 

(f) “Developer” means such agency as may be appointed or registered under section 3-B by Chief Executive Officer of Slum Rehabilitation Authority to implement Slum Rehabilitation Scheme.

 

(g) “Floor Space Index” (F.S.I.) or Floor Area Ratio (F.A.R.) shall mean the quotient obtained by dividing the combined built up area on all floors, (excepting the areas specifically exempted from computation of F.S.I. under the UDCPR and the said Regulations) by the area of the plot.

 

(h) “Free Sale Component” of S.R.S. is the built up area that can be constructed against the incentive F.S.I., in accordance with the said Regulations, available in the form of F.S.I. or T.D.R. out of the total permissible F.S.I. of the S.R.S. (rehabilitation component plus incentive sale component as per the ratios prescribed in the said Regulations) after deducting F.S.I. required for Rehabilitation.

 

(i) “Gross Plot Area” shall mean total plot area.


(j) “Hazardous building” shall mean any building or part thereof which is used for the storage, handling, manufacturing or processing of any Hazardous Material as defined in the UDCPR.

 

(k) “Net Plot Area”, for the purpose of the said Regulations, shall mean the balance area derived after deduction of the area earmarked for reservations, D.P. Roads, and Road Widening under the Development Plan of the concerned Planning Authority.

 

(l) “Pavement” shall mean any Municipal/Government/Semi-Government pavement, and shall include such stretch of pavement as may be considered viable for the purpose of the S.R.S.

 

(m) “Rehabilitation Component” shall mean and include the area of all residential tenements as well as non-residential built-up premises to be given to the eligible hutment dwellers in accordance with the provisions of the said Regulations and shall be inclusive of common areas, lobbies, staircase/s, lift/s and machine room/s, passage/s, welfare center/s, balwadi/s, women's welfare center/s, society office/s, incentive commercial area/s (if any), eligible amenity structure/s (if any) and permitted religious structure/s, more particularly described in the said Regulations.

 

(n) “Recreation Ground” (R.G.) shall mean, any common open space required to be kept in any layout and left permanently open to the sky, having access from any public pathway or public road.

 

(o) “Slum Rehabilitation Scheme” shall mean a scheme for rehabilitation of hutment dwellers of one or more slum rehabilitation areas in accordance with the provisions of the said Regulations and shall include transit camps, infrastructure, amenities, Rehabilitation component and Free sale component of the development, as permitted on the area of Slum Rehabilitation Scheme (S.R.S.) by the C.E.O., S.R.A.

 

(p) “Slum Transferable Development Rights” (Slum T.D.R.) shall mean the F.S.I. remaining out of the total permissible F.S.I. of the S.R.S. after utilizing in-situ F.S.I. on site as per the provisions of the said Regulations or shall mean the F.S.I. made available in the form of Transferable Development Rights in lieu of the unencumbered land spared for rehabilitation of hutment dwellers on land vitally required for public purpose or ecologically fragile locations.

 

Terms and expressions other than those specifically defined herein shall have the same meaning as defined in,

 

(i) Maharashtra Regional and Town Planning Act, 1966,

 

(ii) The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971,

 

(iii) Development Control Regulations of the concerned Planning Authority and the Rules framed thereunder.

 

(iv) National Building Code (2016) as amended from time to time. 

 

(v) Unified Development Control and Promotion Regulations.

 

14.6.3 Applicability

 

1. Provisions of the said Regulations shall be applicable to :

 

(A) The slums which have been declared and notified as “SLUMS” by the Competent Authority under the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, as well as;

 

(B) Any area which, the Competent Authority may declare as “Slum Rehabilitation Area” as per the provision contained in Section 3-C of the Slum Act 1971; and also

 

(C) The hutment dwellers in such Slums or Slum Rehabilitation Areas, who are Protected Occupiers as defined in Chapter I-B of the Slum Act and orders issued thereunder and the hutment dwellers who are Non-Protected Occupiers under clause (f) of sub-section (5) of section 3-B of the Slum Act.

 

2. The provisions which are mentioned in the said Regulations shall prevail over the corresponding provisions of the Unified Development Control and Promotion Regulations (hereinafter referred to as “UDCPR”). In case of any conflict or ambiguity, in respect of any matters not specifically mentioned in the said Regulations, the relevant provisions of the UDCPR, as modified from time to time; shall be applicable.

 

3. The Slums On Non-Buildable Area/Reservations :

 

(A) The provisions for implementing the in-situ rehabilitation scheme, of the said Regulations shall not apply to slum areas existing on any lands earmarked as Hill Tops / Hill Slopes, Green Belts, River or Nallah beds including those falling in blue flood lines, Canal banks, No Development Zone in the Development Plan, in Open Spaces of approved layouts and slums on lands required for vital public purpose or on hazardous locations. Such slums are to be evicted on priority.

 

(B) It shall be an obligatory duty of the “C.E.O., S.R.A.” to rehabilitate slums mentioned in clause (A) above on other buildable sites under the provisions of the said Regulations. The C.E.O., S.R.A. shall prepare an Action Plan and identify all such slum areas and grant approval for relocation and rehabilitation of such slums for environmental and ecological reasons in a time-bound manner, in accordance with the provisions of the said Regulations including open spaces in M.I.D.C. and P.M.R.D.A. (Restricted to earlier P.C.N.T.D.A. area) areas. The C.E.O., S.R.A. shall take a decision in this regard in consultation with the concerned Municipal Commissioner.

 

(C) On relocation and rehabilitation of hutment dwellers of such slums, unencumbered lands thus vacated shall be handed over to the Local Authority or the Authority concerned for the development of vital public purpose against compensation as may be permissible as per the corresponding regulations.

 

(D) The slums existing on reservations shall be allowed to be rehabilitated as per the provisions of the said Regulations. If any previous S.R.S. had been sanctioned on any reservation under the earlier provisions, such S.R.S. could be implemented further under the said Regulations, considering such land as deemed to be de-reserved as per previous sanction.

 

4. Anything done or any action taken in respect of S.R.S. prior to the commencement of the said Regulations shall be deemed to have been done or taken under the corresponding provisions of the said Regulations and provisions of the said Regulations shall be made applicable in relation thereto only to the extent, such application does not adversely affect the same.

 

Nothing contained herein shall adversely affect the approval and implementation of Slum Rehabilitation projects approved under BSUP, JNNUR Mission by the Central Sanctioning and Monitoring Committee, Ministry of Housing and Urban Poverty Alleviation, Government of India, or any such government schemes approved from time to time.

 

5. Transition Policy:

 

The S.R.S. already sanctioned under the earlier provisions can be allowed to be developed under the said Regulations in case the full occupation certificate has not been issued and compliance in respect of payment against Operation and Maintenance Corpus and Infrastructure Development Charges (I.D.C.) has been done; provided that the C.E.O., S.R.A. shall have the powers to give approval to changes in building height and internal modifications with appropriate relaxation in set back and margins of the restructured building subject to N.O.C. from C.F.O. and fulfilment of other requirements and to impose any conditions as may be expedient for him to do so; provided however that nothing in the said Regulations shall adversely affect all slum rehabilitation schemes previously sanctioned.

 

6. Eligible hutment dwellers may, at the discretion of the C.E.O., S.R.A., be rehabilitated in situ as far as possible within the area under consideration for the implementation of the Slum Rehabilitation Scheme. Such rehabilitation shall be governed by the provisions of the said Regulations.

 

7. Eligible hutment dwellers may also be rehabilitated by relocation to another plot in the concerned Municipal Area. Such rehabilitation shall be governed by the provisions of the said Regulations.

 

8. If any hutment dweller is a protected occupier of a slum structure, but his name is on the electoral roll on or prior to 1st January, 2000 at another slum/pavement site within the jurisdiction of Pune and/or Pimpri-Chinchwad Municipal Corporation, he shall be considered eligible but only at the place of his present residence. In case of doubt or dispute, C.E.O., S.R.A. shall get an inquiry made as may be considered necessary, and give a decision thereon, which shall be final and binding on all parties concerned.

 

9. Allotment of tenements either in-situ or otherwise, on ownership or on rent, to the other Non-Protected Occupiers up to the 1st January 2011, subject to the availability of tenements shall be done, as per the terms, conditions and guidelines so notified in the Official Gazette, by the Chief Executive Officer with the prior approval of the State Government.

 

14.6.4  Interpretation

The Terms and expressions not defined in the said Regulations shall have the same meanings as in the Slum Act, 1971 or M.R. & T.P. Act, 1966 or The Maharashtra Municipal-Corporation Act, 1949 (M.M.C. Act, 1949) or N.B.C. (2016), UDCPR and amendments made therein from time to time, as the case may be, unless the context otherwise requires.

 

If any question or dispute arises with regard to the interpretation of any provision of The said Regulations, the matter shall be referred to the State Government in the Urban Development Department which, after considering the matter and, if necessary after giving a hearing to the parties, shall give a decision on the interpretation of the provisions of The said Regulations. The decision of the Government on the interpretation of The said Regulations shall be final and binding on the concerned party or parties.

 

14.6.5 Delegation of Powers

 

Except where special permission is expressly stipulated, the powers or functions vested in the C.E.O. by the said Regulations may be delegated to any officer of the Authority under his control, subject to the revision if necessary and to such conditions and limitations, if any, as may be prescribed under the said Regulations.

 

14.6.6 Discretionary Powers

 

1. In conformity with the intent and spirit of the said Regulations, the C.E.O., S.R.A. may modify the limit of a zone where the boundary line of the zone divides a plot, village boundary, C.S. / C.T.S. No. as per records of revenue by a special permission, with prior consent of concerned Municipal Commissioner, and

 

2. In specific cases where a clearly demonstrable hardship is caused, the C.E.O., S.R.A. may for reasons to be recorded in writing, by special permission permit any of the dimensions prescribed by the said Regulations to be modified, except those relating to floor space indices unless otherwise permitted under the said Regulations, provided that the relaxation will not affect the health, safety, fire safety, structural safety and public safety of the inhabitants of the building and the neighbourhood.

 

14.6.7 Developers Registration

 

1. Only a Developer registered with S.R.A. shall be eligible to submit a slum rehabilitation scheme. So also registered developer only shall be appointed by S.R.A., in case S.R.A. wish to develop any Slum Rehabilitation Area where no proposal is submitted.

 

2. Owner of the land who is competent and have resources to develop slum on land owned by him shall be allowed to register himself as registered developer, but only for development of slum on land belonging to him.

 

14.6.8  Parameters Of Development Of Slum Rehabilitation Area

 

1. Eligibility for rehabilitation scheme

 

a. A person eligible for a redevelopment scheme shall mean a Protected Occupier as defined in Chapter 1-B of the Slum Act and Non-Protected Occupier, as mentioned in clause (f) of sub-section (5) of Section 3-B of the said Act.

 

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

 

2. Joint ownership with spouse

 

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

 

3. Right of the Hutment Dwellers

 

a. Hutment-dwellers, in the slum or on the pavement, eligible in accordance with the provisions herein shall in exchange for their protected dwelling structure, be given free of cost a residential tenement having a carpet area of 27.88 Sq.m. (300 Sq.ft.) including balcony, bath and water closet but excluding common areas. For this purpose ‘Carpet area’ means the net usable floor area within a tenement excluding the covered by the walls or any other areas specifically exempted from FSI computation as per the said Regulations.

 

b. Even those protected dwelling structures having existing residential areas more than 27.88 Sq.m. (300 Sq.ft.) will be eligible only for 27.88 Sq.m. (300 Sq.ft.) of carpet area in the rehabilitation component.

 

c. All eligible hutment dwellers taking part in the S.R.S. shall have to be rehabilitated in accordance with the provisions of the Scheme. It may be in situ and in the same plot as far as possible.

 

d. Pavement dwellers and hutment dwellers in the slum on land required for vital public purpose or such location which are otherwise unsuitable for human habitation or where there is any restriction shall not be rehabilitated in-situ but in other available location and in accordance with the Scheme.

 

e. Competent Authority, on the basis of verification of prescribed documents, shall decide the eligibility of slum dwellers. The slum dweller held eligible on 1st January 2000 shall be a Protected Occupier. However, the slum dweller held eligible on 1st January 2011 shall be a Non-Protected Occupier, but shall be rehabilitated on payment of the cost of the tenement as prescribed by the C.E.O. as per government resolutions issued from time to time.

f. The eligibility of a person including a transferee, under a scheme of Slum redevelopment shall be established in accordance with Chapter-1-B of the Slum Act.

 

g. Restriction on Transfer of Tenements :

 

As provided by the Slum Act, the tenement obtained under this scheme cannot be sold/leased/assigned or transferred (except to a legal heir) in any manner for a period of ten years from the date of allotment/possession of the tenement. In case of breach of conditions, except transfer to legal heir, the tenement will be taken over by S.R.A. Transfer of the rehabilitation tenement may be permitted by C.E.O., S.R.A. after completion of ten years from the date of occupation by charging a premium equal to 25% of the prevailing market value of the tenement as given in the ASR for the respective year, during which transfer application is processed.

 

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

 

i. An individual agreement entered into between the hutment-dweller and the owner/developer/co-operative society/N.G.O. shall be in the joint names of pramukh hutment dweller and spouse for every protected dwelling structure and non-protected dwelling structure up to 1st January 2011.

 

j. Recovery of pending dues such as assessment, compensation, occupational charges, non- agricultural tax/dues etc. pending with public authorities such as State Govt. and/or concerned Municipal Corporation shall be dealt with separately and not be linked to the grant of approval or building permission to the Slum Rehabilitation Projects.

 

4. Duties of the Hutment Dwellers :

 

a. The hutment dweller shall be responsible for paying the electricity and other government charges regularly, and maintain his rehab unit and do necessary minor repairs as and when so required at his own cost. However, for carrying out any major changes in the structure of the building in whatsoever nature, the permission of the C.E.O., S.R.A. in writing shall be required.

 

b. The eligible hutment dwellers shall form their cooperative society as soon as possible and in any case not later than within three months of handing over of rehab units’ possession to them.

 

c. The hutment dweller shall pay a monthly contribution to his co-operative society @ Rs. 500 per month or the amount as decided by his cooperative society whichever is more for common monthly charges against the common electricity and water usage, operation and maintenance of common amenities like lift, generator, S.T.P. plant etc.

 

d. The slum dweller is duty bound to keep the premises of his rehab unit including common areas and surroundings of the rehab buildings clean, hygienic and untidy.

 

e. The slum dweller shall not keep or carry any hazardous material in the rehab unit which may cause injury or endanger to life and safety of other residents of the premises.

 

14.6.9 Eligibility

 

1. Protected Occupiers

 

Inhabitants of the slums or slum rehabilitation areas residing on 1st January 2000 shall be Protected Occupiers as defined in Chapter I-B of the Slum Act and orders issued thereunder and shall be eligible for rehabilitation under the Slum Rehabilitation scheme, in accordance with the provisions of this Scheme. The eligibility of such Protected Occupiers shall be decided as per the guidelines provided by the government resolutions issued from time to time.

 

2. Non-Protected Occupiers


Inhabitants of the slums or slum rehabilitation are as residing on1st January 2011, shall be Non-Protected Occupiers as defined in the Slum Act and shall be eligible for rehabilitation under the Slum Rehabilitation scheme, in accordance with the provisions of this Scheme. The eligibility of such Non-Protected Occupiers shall be decided as per the guidelines provided by the government resolutions issued from time to time.

 

3. Ineligible Occupiers

 

The occupants of the slum who are neither held eligible as Protected Occupiers nor Non-Protected Occupiers shall be held ineligible and they will not be entitled for rehabilitation under any Slum Rehabilitation Scheme. However, they may avail the benefits of any other housing scheme of the Government such as P.M.A.Y., if independently held eligible therein.

 

4. Provision relating to allotment of tenements either in situ or otherwise, on ownership free of cost to the protected occupiers


The protected occupiers shall be rehabilitated in situ and they will be allotted rehabilitation tenement free of cost. However, in case the slum is situated in a non-buildable area or the area under the slum is required for any vital public project, then it will be rehabilitated by

relocation. Such relocation shall be made on a land near the slum pocket as far as practicable, but within the same Municipal limit.

 

5. Provision relating to allotment of tenements either in situ or otherwise, on ownership or on rent to the other non-protected occupiers


The non-protected occupiers shall as far as possible be rehabilitated in situ after the protected occupiers in the slum under the scheme and those in nearby non buildable slum are rehabilitated. They will be allotted rehabilitation tenement on payment of cost of tenement as prescribed by the Government Resolutions issued from time to time.

 

6. Subject to the foregoing provisions, only the actual occupants of the hutments shall be treated as eligible for rehabilitation under the S.R.S. and any person claiming ownership of such structure who is not the actual occupant of the same, shall have no right whatsoever to allotment of rehabilitation tenement.

 

7. The hutment dweller actually residing at present, who has purchased the censused structure with a photo pass, if any, from any of the categories above shall be held eligible for rehabilitation under S.R.S., provided such transfer has been regularized. Provided further that the original owner of the censused structure who has sold the said, but shall be deemed to be ineligible for any alternative subsidized accommodation in any of the government schemes.

 

8. The names of the eligible hutment dwellers on private, Municipal and Government lands shall be duly certified by the Competent Authority in S.R.A. or any officer whom the State Government by notification appointed as the Competent Authority for the purpose of the Slum Act.

 

9. All eligible hutment dwellers residing on the area of the S.R.S. shall have to be accommodated on the same plot as far as possible.

 

10. Any hutment dweller who is in actual occupation or possession of more than one hutment within the jurisdiction of S.R.A. Pune shall not be held eligible for more than one rehab unit.

 

11. The eligibility of a person including transferees in case of Protected Occupier under the S.R.S. shall be established in accordance with the orders issued vide G.R. mentioned in clauses 1 above. The Hutment dweller, for establishing his eligibility shall submit his application in the prescribed form along with the Annexure for Self Declaration and Self Declaration for Self Attestation and the copies of the documents of evidence in the manner as prescribed by the State Government.

 

12. The eligibility of a person including transferees in case of a Non-Protected occupier under the S.R.S. shall be established in accordance with the orders issued vide G.R. mentioned in clause 2 above. Hutment dweller, for establishing his eligibility shall submit his application in the prescribed form along with Annexure for Self Declaration and Self Declaration for Self Attestation and the copies of the documents of evidence in the manner as prescribed by the State Government.

 

14.6.10 Obligatory Participation The participation of landowners and slum dwellers in the Slum Rehabilitation Scheme shall be obligatory. This participation shall be governed by the following regulations
 

(A) Landowners

 

The land owner shall be given first preference to implement the scheme on his/her land. However landowner in the same survey number or part of it having title of an area exceeding 50% shall be given the preference, if he/she is ready to pay an amount of compensation for the remaining land. The amount of compensation to be offered shall be decided as per the provisions u/s 17 of the Slum Act.

 

Such a land owner by registering himself as a Registered Developer, or through a Registered Developer may submit the scheme with the consent of 51% of the slum dwellers for the implementation of such scheme. The scheme so submitted shall forthwith be accepted by C.E.O. and C.E.O. will order preparation of the Eligibility List by the Competent Authority concerned.

 

In case a proposal submitted by the landowner is devoid of the consent of slum dwellers, the C.E.O. shall publish a notice to invite slum dwellers to come forward within 90 days of publication of such notice, through a society registered, to submit a rehabilitation scheme. If the slum dwellers submit a scheme in response to such a notice, then the C.E.O. will give a reasonable opportunity to be heard to both the owner and slum dwellers along with the developer engaged. The C.E.O. after taking into account the scheme so submitted and the experience and the capacity of the developer pass a reasoned order to accept one of the proposals. Such a decision of the CEO shall be final and binding upon the parties concerned. In case the slum dwellers fail to submit such a scheme, the C.E.O. shall accept the proposal submitted by the landowner.

 

(B) Slum Dweller

 

In case the concerned landowner has failed to submit the scheme as per the preceding regulation and the slum dwellers have come forward through a Registered Co-operative Society or through a Registered Developer whom 51% of them have given consent, the C.E.O., S.R.A. shall acquire the land under the slum, at the instance of Co-operative Society or Registered Developer. The C.E.O. will simultaneously issue an order to the Competent Authority concerned to prepare and submit the Eligibility List. (Annexure-II)

 

(C) Registered Developer

 

A Developer registered with S.R.A. as a Registered Developer previously shall be permitted to submit the Slum Rehabilitation Scheme in the following manner

 

1. The Registered Developer, who has been appointed by S.R.A. through a competitive bid to develop a particular scheme/s, shall submit the scheme which may be accepted by the C.E.O.

 

2. The Registered Developer with acquired rights from the owner/s of the slum land and who hold consent of 51% slum dwellers shall be allowed to submit the scheme as prescribed in preceding regulation. Such a scheme shall be accepted by C.E.O. and the C.E.O. will order Competent Authority to prepare eligibility list of slum dwellers in Annexure II.

 

3. In case the Registered Developer holds the rights from the owner/s of the slum land, but does not have the consent of the slum dwellers; to submit a scheme, the C.E.O. shall give a 90-day public notice in the slum area for the slum dwellers to come forward for the development. In case hutment dwellers fail to come up with a scheme within the stipulated period of 90 days, C.E.O., S.R.A. may accept the scheme submitted by the registered developer having land ownership or concurrent development rights. In case, upon such notice slum dwellers come forward with a scheme, the C.E.O. as per clause (A) above, after giving a reasonable opportunity to both the parties to be heard, shall accept one of the proposals, taking into account the capacity and experience of registered developers involved in such proposals. The decision of the C.E.O. shall be final and binding upon the parties. After the scheme is accepted, the C.E.O. will order the Competent Authority to prepare an eligibility list of slum dwellers in Annexure II.

 

4. In case the Registered Developer have the consent of 51% of slum dwellers, but does not hold the right to develop the land; C.E.O., S.R.A. shall give him preference and the land owner shall be entitled to compensation payable under the provisions of the Slum Act or the said Regulations. In case of dissent of the land owner for this valuation, C.E.O., S.R.A. may forward the land acquisition proposal to the State Government on behalf of the applicant developer and the Hutment Dwellers’ Co-operative Housing Society. Simultaneously, the C.E.O. will order the Competent Authority to prepare an eligibility list of slum dwellers in Annexure II.

 

5. In case two or more registered developers submit a scheme on the same land; then such proposals will be scrutinized chronologically on the basis of the land development rights acquired by the developer and the consent of hutment dwellers.

 

6. The developer shall before acceptance of his scheme/s by C.E.O., S.R.A., open and maintain a separate account for each scheme and such account shall only be exclusively used for all receipts and expenditures of the scheme.

 

(D) (C.E.O., S.R.A.)

 

In case the C.E.O., S.R.A. is of the opinion that a slum on private land is required to be developed in the larger public interest, out of concern for public health and safety of the slum and nearby areas, C.E.O., S.R.A. may invite land owner or hutment dwellers to come forward with the scheme for redeveloping the slum through a developer registered with S.R.A., by issuing a public notice of not less than 30 days. In case, the land owner or hutment dweller's Co-operative Housing Society does not come forward with a response to the notice so issued, the C.E.O., S.R.A. may, by order, determine to redevelop such land by entrusting it to any agency or registered developer through a competitive bid process. In such an eventuality, the Landowner shall be entitled to compensation as contemplated by section 17 of the Maharashtra Slum (Improvement, Clearance and Redevelopment) Act, 1971 or as per the said Regulations. However, before passing any such order, the C.E.O., S.R.A. shall give an opportunity to be heard to the concerned land owner.

 

Nothing in these provisions shall restrain the C.E.O. from issuing of orders for preparation of the eligibility list (Annexure II) in relation to any Slum declared u/s 4 of the Slum Act or Slum Rehabilitation Area declared u/s 3-C of the said Act, wherein a proposal is submitted or not. Thus the fixing of eligibility (Annexure II) will be independent of any scheme submitted.

 

14.6.11 Initiation of Slum Rehabilitation Scheme

 

The Slum Rehabilitation Scheme under the jurisdiction of SRA shall be undertaken in the manner laid down herein,

 

1. The C.E.O., S.R.A. shall publish the intention of the S.R.A. to declare Slum land or any other land as Slum Rehabilitation Area in the Official Gazette as prescribed u/s 3-C of the Slum Act. A copy of such notification shall be published in two newspapers of circulation in the area along with fixing a copy at a conspicuous place in or near such slum area. The concerned owners, landholders or occupants of the Slum area or areas mentioned therein; shall be given a period not more than 120 days to come forward as prescribed in sub-section (1) of Section 13 of the Slum Act with a rehabilitation scheme in accordance with the provisions contained in the said Regulations.

 

2. Compulsory acquisition of slum land

 

Upon failure of the concerned land owner, land holders or occupants to come forward with a rehabilitation scheme in accordance with the provisions contained in this Scheme, the C.E.O., S.R.A. may proceed further to acquire the land wherein the amount of compensation shall be determined as per the provisions contained in the Chapter-V of the Slum Act.

 

If the landowner of slum occupied land voluntarily transfers the said land to S.R.A. for slum redevelopment, he shall be given T.D.R. equivalent to 1.0 index of the area of his land so transferred in non-congested area and 1.5 index of the area of his land so transferred in congested area. In such cases, however, the developer shall pay to S.R.A., a premium equal to 25% of A.S.R. value.

 

However in case of the lands belonging to Government, Semi-Government Undertakings and Local Bodies S.R.S. shall be taken up by S.R.A. through tendering process.

 

3. The land owner or his power of attorney holder or the lease holder with at least 5 years of un- expired lease period and concurring with lease terms of the land, shall be allowed to redevelop the slum area either directly upon registration with Slum Rehabilitation Authority or through a developer registered with Slum Rehabilitation Authority, subject to the provisions laid down in the said Regulations.

 

4. Slums on the lands belonging to the Government, Semi-Government Bodies, Municipal Corporations, Public Authorities and Trusts shall be rehabilitated under the provisions of this Scheme either by themselves or S.R.A., through a private developer registered with S.R.A.

 

5. The Slum Rehabilitation Scheme submitted by the developer registered with S.R.A. shall be strictly in accordance with the provisions of the said Regulations.

 

6. The Developer or the Owner submitting the Scheme will submit it in the Form and the Annexure prescribed along with all relevant documents to the C.E.O., S.R.A. Forms and Annexure prescribed by the C.E.O. shall be made available to the Registered Developer/Owner on payment of fees as decided by C.E.O., S.R.A. Pune.

 

7. The Developer submitting the scheme shall also furnish the Scrutiny Fee as prescribed and as decided by the C.E.O., S.R.A. Pune from time to time.

 

14.6.12 Sanction to the SRS The following procedure shall be adopted while examining and sanctioning any SRS in accordance with the provisions of the said Regulations

 

1) Approval to the S.R.S. shall be given by the C.E.O., S.R.A. in accordance with the said Regulations.

 

2) The consent of hutment dwellers or the resolution of their co-operative society shall be taken into account at the time of submission of S.R.S. The consent shall be confirmed at the time of preparation of the Eligibility list in Annexure II. For the approval of the S.R.S., consent of the hutment dwellers shall not be necessary. Competent Authority as notified under Slum Act shall finalize the list of eligible hutment dwellers with reference to the area proposed under the S.R.S. and it shall be obligatory for all slum dwellers to participate in the Slum Rehabilitation Scheme, once the same is approved by the C.E.O., S.R.A.

 

3) The C.E.O., S.R.A. after accepting the scheme submitted shall order preparation of the list of eligible slum dwellers. The Competent Authority, shall as far as practicable within 90 days finalize Annexure II and submit it to the C.E.O. The eligibility of a person including transferees under the S.R.S. shall be established in accordance with the provisions of the Slum Act and orders issued there under. Nothing in the said regulations shall restrain the C.E.O. from issuing of orders for the preparation of the eligibility list (Annexure II) in relation to any slum wherein a proposal is submitted or not. Thus the fixing of eligibility (Annexure II) will be independent of any scheme submitted.

 

Provided, in case of slums on lands falling in areas mentioned in Section 3-Z-6 of the Slum Act, if the land-owning agency gives N.O.C., then the C.E.O., S.R.A. Shall conduct the survey and order preparation of Annexure II on such lands.

 

4) Where 51% or more of the eligible hutment-dwellers in a slum or pavement in a viable stretch at one place agree to join an S.R.S., it may be considered for approval. Provided that nothing contained herein shall apply to Slum Rehabilitation Schemes undertaken by the State Government or a Public Authority or, as the case may be, a Government Company, as defined in Section 617 of the Companies Act, 1956 which is owned and controlled by the State Government.

 

5) The hutment dwellers shall be rehabilitated in the same S.R.S. wherein the hutments are situated, except in case where relocation is warranted on account of non-buildability or in case of clubbing of schemes or composite scheme as per the provisions contained in the said Regulations.

 

6) Pavement-dwellers and hutment dwellers in the slum situated on lands required for vital public utility / purpose or on hazardous location or on amenity/open spaces or plots, shall not be rehabilitated in-situ but in other available plots within the jurisdiction of S.R.A.

 

7) The Slum Rehabilitation Scheme for rehabilitation of protected and non-protected hutment dwellers residing in such areas may be allowed to be implemented under the provisions of the said Regulations. Preference will be given to protected hutment dwellers in non- buildable Slum Areas nearby before non-protected hutment dwellers are accommodated. The C.E.O., S.R.A. shall be competent to approve the proposed Slum Rehabilitation Schemes.

 

8) Industrial user as may be permitted by Maharashtra Pollution Control Board (M.P.C.B.) may only be allowed to be re-accommodated under the S.R.S. However, if the Industrial unit is hazardous or polluting, the concerned person may be provided a commercial unit or built-up area for conforming non-hazardous/non-polluting industrial unit in the Rehabilitation Component of the S.R.S.

 

9) All eligible hutment dwellers in the Slum Rehabilitation Scheme shall be rehabilitated according to the provisions in the said Regulations and as per the Rehabilitation option exercised by the C.E.O., S.R.A. under the said Regulations.

 

10) Unauthorized Commercial activities such as go-downs, Cow sheds/gothas, scrap godowns/yards; and hazardous users/structures excluding community economy activity areas as defined under the Slum Act shall not be permitted in the S.R.S. These shall be evicted and shall be moved away from the Slum Rehabilitation Area as non-conforming users.

 

11) All economic activities which existed on the date of eligibility shall be allowed to be relocated within the area of the S.R.S., regardless of the non-conforming nature of such activities, excepting those which are hazardous and polluting. Where alternative accommodation has been allotted elsewhere by the Planning Authority, further relocation shall not be permitted.

 

12) On compliance with the terms and conditions of approval to the S.R.S. and the requirements of the provisions contained in this Scheme, the necessary building permission u/s 45 of M.R. & T.P. Act, 1966 shall be admissible in accordance with the provisions to construct the Rehabilitation Component of the S.R.S. as well as the Free Sale Component of the S.R.S.

 

13) In case where Sale building is proposed along with a Rehab building in S.R.S., it shall be obligatory on the part of the developer to submit RERA registration of the scheme, as applicable. The developer shall abide by all orders and directions issued by the RERA Authority, if applicable, in respect of the free sale building.

 

14) The decision of C.E.O., S.R.A. shall be final and binding on all the concerned regarding the proportion and location of the land area to be used for the Rehabilitation Component, Amenity Component and the Free-Sale Component.

 

15) Area Entitlement of Eligible Hutment-dwellers (Residential User) : A Hutment dweller having residential user in the slum or on the pavement, who is eligible in accordance with the provisions of the said Regulations, shall, in lieu of his structure, be given free of cost (in case of Protected Occupier)/at subsidized rate (in case of Non-Protected Occupier), a residential tenement having carpet area of 27.88 Sq.m. (300 Sq.ft.) which shall include living room, bedroom, kitchen/alcove, bath and water closet and balcony (if any), but shall exclude common areas. However, for the projects for which the commencement certificate has already been issued, as per erstwhile Regulations, the residential tenement shall be as per earlier area entitlement with a carpet area of 25 Sq.m. (269 Sq.ft.) which shall include a living room, bedroom, kitchen/alcove, bath and water closet and balcony (if any), but shall exclude common areas. The slum dwellers belonging to schemes wherein the commencement certificate is already issued before coming into force of said regulations may be provided a residential tenement having a carpet area of 27.88 Sq.m. (300 Sq.ft) (Instead of 25 Sq.m. (269 Sq.ft.) as per the discretion of the developer depending upon the feasibility of structural alterations at the site. In such cases, revised plans shall have to be approved by C.E.O., S.R.A.

 

16) Area Entitlement of Eligible Hutment dwellers (Non-Residential User):  An eligible hutment dweller, having existing carpet area up to 25.0 Sq.m. (269 Sq.ft.) for commercial/industrial/economic/office activity that existed prior to 1 January 2000, or the date decided by the Government time to time, and is certified by the Competent Authority, shall be entitled to get one non-residential unit of actual carpet area or 27.88 Sq.m. (300 Sq.ft.), whichever is less, free of cost, under the Slum Rehabilitation Scheme.

 

Such area may be allowed on any side of the plot abutting 3.0 m. wide pathway and deriving access from 3.0 m. wide pathway/open space. Back-to-back shopping on the ground floor shall be allowed for the purpose of rehabilitation. After exhausting these provisions, such an area may be allowed on the first floor, to the extent necessary. The provisions of the said Regulations may also be applicable to the Rehabilitation of Street Vendors.

 

17) Area Entitlement of Eligible Hutment dwellers (Mixed User) : In case a hutment dweller in the area of any S.R.S. has both, residential and commercial premises, without a common wall between such residential and commercial premises, in respect of which the S.R.S. is being or to be implemented, he shall be eligible for a residential tenement of 27.88 Sq.m. (300 Sq.ft.) carpet area free of cost, and he shall also be entitled to purchase a commercial unit admeasuring up to 6.0 sq.m. at the cost of construction as per A.S.R. The purchase price of such a commercial unit shall be paid to the developer. The area of such commercial shall not be entitled to incentive F.S.I. for free sale component. The slum dwellers belonging to schemes wherein the commencement certificate is already issued before coming into force of said regulations may be provided a residential tenement having a carpet area of 27.88 Sq.m. (300 Sq.ft.) (Instead of 25 Sq.m. (269 Sq.ft.) and a commercial unit admeasuring up to 6.0 Sq.m. as per the discretion of the developer depending upon the feasibility of structural alterations at the site. In such cases, revised plans shall have to be approved by C.E.O., S.R.A.

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

 

18) After the declaration of the Slum Rehabilitation area as a "Clearance Area” u/s 3-D of the Slum Act, the C.E.O., S.R.A. shall take all required actions against the non-participating occupiers. The eligible occupiers shall be forced to participate and the non-eligible shall be forcefully evicted.

 

19) The conveyance of the land under the rehab component shall be done in favor of the Slum Dwellers Co-Operative Society.

 

20) Recovery of pending dues such as assessment, occupational charges, non-agricultural tax/dues etc. of the State Government, P.M.C./P.C.M.C./P.M.R.D.A. (restricted to earlier P.C.N.T.D.A. area)/M.I.D.C. shall not be linked to the grant of approval or building permission to the S.R.S.

 

14.6.13 CLEARANCE ORDER After an order declaring any Slum area as a Slum Rehabilitation Area under section 3-C of the Slum Act and after sanction to S.R.S. as per the provision above, the C.E.O. shall proceed to issue Slum Clearance order in the following manner –

 

1. The Slum Clearance Order may be passed for total area or in parts as per the provisions contained in sub-section (1) of section 12 of the Slum Act.

 

2. All the slum dwellers in the area under notification shall be given a period of 30 days from the date of such order to vacate the structures. The Protected and Non Protected occupiers shall be provided transit accommodations or entitled compensation in lieu of transit accommodation by the developer. The other ineligible dwellers shall make their own arrangements, even if their claims for eligibility are pending an appeal for decision.

 

3. In case there is any public structure like common toilets, community hall etc. provided by the Municipal Corporation concerned, it shall be vacated and demolished by the concerned authority within the period provided in the clearance order. The C.E.O., S.R.A. shall vacate and demolish the same, in case the concerned authority fails to vacate and demolish the said structure within the stipulated time period.

 

4. The structures which have been vacated shall be demolished by the developer implementing the scheme, within 50 days of the Slum Clearance Order. The period of 50 days if required can be extended up to 60 days by an order of C.E.O., S.R.A.

 

5. The hutment dwellers who have not vacated their structures or who are not willing to vacate their structures shall be forcefully evicted.

 

6. However before such an eviction is done, the slum dweller residing in such structure shall be given notice u/s 33-A read with sub-section (8) of section 12 and an opportunity of being heard by the C.E.O., S.R.A. or the Competent Authority authorized by the C.E.O., S.R.A.

 

7. The C.E.O., S.R.A. or the Competent Authority authorized by the C.E.O., S.R.A. after such hearing pass such order and proceed to forcefully vacate and demolish the structure as per the Clearance Order.

 

8. The Clearance Order of C.E.O., S.R.A. or order u/s 33-A read with subsection (8) of section 12 shall be final subject to any order in appeal preferred before the Apex Grievance Redressal Committee.

 

9. Nothing in the forgoing provisions shall restrain the C.E.O. or the Competent Authority authorized by the C.E.O., S.R.A. from initiating action u/s 3-Z in relation to any Protected or Non-Protected Occupier or ineligible occupiers and pass suitable order making him liable for eviction without being relocated and rehabilitated.

 

10. In respect of those eligible hutment-dwellers who are not willing to join the S.R.S., the following steps shall be taken :-

 

(A) Provision for all of them shall be made in the rehabilitation component of the Scheme.

 

(B) The details of the actual tenements to be allotted by the lottery system and the transit tenements to be allotted or the compensation in lieu of transit accommodation to such unwilling hutment dwellers shall be communicated to them by the Developer, in writing, so as to show the benefit on the same basis as for those who have joined the scheme to gain their willing participation in the scheme. However, in case of any dispute regarding the same, the decision of the C.E.O., S.R.A. shall be final and binding on all the parties concerned. The Developer shall ensure that no obstruction is caused to the Scheme of the majority of hutment-dwellers who have participated willingly.

 

(C) The unwilling eligible hutment dwellers shall not be held entitled either for allotment of transit tenement or the allotment of rehabilitation tenements by draw of lots. They shall only be entitled to what is available after others have exercised their choices through lottery, which may be or may not be on the same site.

 

(D) If such unwilling hutment dwellers do not join the scheme till the building permission to the S.R.S. is given, they shall lose their right to any built-up tenement for rehabilitation, permanently and their tenements shall be taken over by the C.E.O., S.R.A. in possession of S.R.A. and shall use the same for the purpose of accommodating pavement-dwellers and other hutment dwellers who cannot be accommodated in-situ etc. on other sites.

 

(E) If the built-up tenement is not occupied and the transit camp is not vacated within 30 days from the drawl of the lottery, then the eligible hutment dweller shall lose his right to rehabilitation permanently. No appeal in this regard or shall be entertained by the C.E.O., S.R.A. or the Competent Authority authorized by the C.E.O., S.R.A.

 

After the occupation of the rehabilitation tenement, if any hutment dweller reconstructs or occupies any new hutment or structure; such unauthorized structure shall immediately be evicted and demolished by the C.E.O., S.R.A. without giving prior notice.

 

14.6.14 Transit Camp Accommodation

 

1. "Temporary Transit Tenement" shall mean habitable residential or non-residential accommodation for eligible S.R.S. beneficiaries constructed from detachable material such as tubular/prefabricated light structures or such other material, in such a manner that it ensures the safety of the inhabitants. Design criteria for structural elements of transit accommodation shall be similar to those of the rehabilitation tenements, with a maximum carpet area of 16.72 Sq.m. (180 Sq.ft.) for residential and 9.29 Sq.m. (100 Sq.ft.) for non-residential tenement for each transit tenement/unit.

 

2. The Temporary Transit Tenements for rehabilitation of hutment dwellers may be allowed to be constructed on the Rehabilitation site itself, or on any other buildable or non-buildable land except within the river bank and Blue line or any other ecologically fragile or any restricted areas, located within P.M.C./P.C.M.C./P.M.R.D.A. (restricted to earlier P.C.N.T.D.A. area) / M.I.D.C. area, as the case may be.

 

3. The temporary transit camp for the rehabilitation of slum dwellers may be provided in the transit rehabilitation tenements allotted by C.E.O., S.R.A., or otherwise.

 

4. The eligible Slum Dwellers shall be shifted to a temporary Transit Camp or on minimum monthly rent as may be mutually decided by C.E.O., S.R.A. with the proposed society and developer and shall be paid by the developer to the eligible slum dwellers to be temporarily shifted for allowing construction on site till the allotment of permanent rehabilitation tenements.

 

14.6.15  Development Control Regulations

 

1. F.S.I. permissible on the Plot under S.R.S. : Admissible F.S.I. in respect of the Slum Rehabilitation Scheme in congested and non-congested area shall include the admissible FSI for the Rehabilitation Component as well as the Free-Sale Component. The ratio, between the two components shall be as contained in Regulation No.14.6.16. Such F.S.I. may be utilized mainly for in-situ rehabilitation of slum dwellers, Convenience Shopping, and non-combustible / non-polluting type Commercial godowns of slum dwellers. Such commercial users shall be permitted only on the lower, and upper ground floor, irrespective of whether the site is located in the R-1 or R-2 zone. FSI available for Free sale component may be utilized in-situ for residential, commercial or any other use as may be permissible under the UDCPR. As such, the permissible in-situ F.S.I., partly or fully, shall be allowed for rehabilitation, residential/non- residential/commercial or mixed users, as otherwise permissible in the UDCPR.

 

2. Maximum F.S.I. permissible for consumption on the plot : F.S.I. that can be sanctioned on any slum site shall be 4.00 or sum total of rehabilitation component plus free sale component whichever is more with minimum rehabilitation tenement density of 450 T/Ha. Due to local planning constraints and viability of the Slum Rehabilitation Project the density norms of 450 T/Ha. may be reduced up to 20% by the C.E.O., S.R.A. subject to minimum tenement density of 360 T/Ha.

 

3. The total permissible F.S.I. (Rehabilitation component plus Free sale component) for a slum rehabilitation scheme can be utilized on any slum site for construction of rehabilitation plus free sale component as mentioned in clause (2) and the difference between the total permissible F.S.I. of the S.R.S. and maximum in-situ consumed F.S.I., may be made available in the form of Transferable Development Right (T.D.R.), in accordance with the said Regulations.

 

Provided further that exemption of areas like a staircase, lift, lobbies, machine room, passage, refuge area, from the computation of F.S.I. shall be restricted to 35% of built-up area (i.e. carpet area of rehabilitation component including balcony and area under walls) of rehabilitation component and any rehabilitation component area, claimed above this restriction, shall not be eligible for any incentive towards the free sale component area to be calculated.

 

Notwithstanding the above if the developer does not desire to consume the full permissible in-situ F.S.I. on the same site, in such case the free sale component partly or fully shall be granted in the form of slum T.D.R. (Total sanctioned F.S.I. of S.R.S. minus consumed in-situ F.S.I.) by the concerned Authority with the recommendation of C.E.O., S.R.A.

 

4. Notwithstanding the provisions in the clause mentioned above, if the developer does not desire to consume the full permissible in-situ F.S.I. on the same site, in such a case :

 

a. the free sale component partly or fully shall be granted in the form of Slum T.D.R. (total sanctioned F.S.I. of S.R.S. - consumed in-situ F.S.I.) by the concerned Authority with the recommendation of C.E.O., S.R.A.

 

b. The rehabilitation component shall be increased to utilize admissible in situ F.S.I., so that more number of Rehabilitation tenements are constructed on the plot. Such additional tenements shall be handed over to S.R.A. free of cost, to accommodate identified eligible non-protected occupants of other schemes, identified P.A.P. of slums or shall be utilized as stock for housing for dishoused, Transit accommodation as per the policy approved by the Government in that behalf. Additional Rehabilitation components built by the Developer shall be included in the proposed Rehabilitation component of the scheme and additional incentive areas according to the provisions laid down herein in the form of T.D.R. shall be admissible to compensate the Developer.

 

5. The Slum T.D.R. to be sanctioned in accordance with the said Regulations and generated from the slum rehabilitation schemes shall be allowed to be utilized in Pune and Pimpri-Chinchwad Municipal Corporation (old and new limits) respectively, excluding heritage structures and land of S.R.D. or S.R.A. projects. This shall be applicable to Schemes on lands in P.M.R.D.A. (Restricted to earlier P.C.N.T.D.A. area) and M.I.D.C. area also. In these cases, the Slum T.D.R. generated shall be allowed to be utilized under these norms within the area of the respective planning authority.

 

6. The utilization of Slum T.D.R. on a receiving plot in the area of P.M.C. or P.C.M.C. (old and new limits), P.M.R.D.A. (Restricted to initial P.C.N.T.D.A. area) and M.I.D.C. areas shall be as per the provisions of UDCPR or DCPR of concerned Planning Authority, as the case may be. The utilization of Transferable Development Rights (T.D.R.) shall be permissible by considering Plot Area including area affected by D.P. road/road widening or amenity space/reservations or deemed reservation, if any, if the area under the same is handed over to the concerned Planning Authority.

 

7. The Slum T.D.R. shall be released in stages as under :-

 

i. After the issue of the plinth completion certificate of rehabilitation building/s, 25% of the total Slum T.D.R. permissible shall be released.

 

ii. After completion of R.C.C. and brickwork of rehabilitation building/s, 35% of total Slum T.D.R. permissible shall be released.

 

iii. After issuing of occupation certificate of rehabilitation building/s, and formation and registration of the Co-operative Housing Society 30% of total Slum T.D.R. permissible shall be released.

 

iv. After completion of the procedure of rehabilitation of eligible slum dwellers in the building, and conveyance of the rehabilitation area to the Co-operative Housing Society of hutment dwellers, a balance of 10% of the total Slum T.D.R. permissible shall be released.

 

If any changes are required in the above provision, Government will issue orders in this regard, from time to time.

 

8. Utilization Of Slum T.D.R. : Difference in Total Permissible F.S.I. allowed for S.R.S. as per the said Regulations and F.S.I. actually utilized in the Slum Rehabilitation Scheme, due to constraints of different provisions of DCPR or otherwise, shall be converted into SLUM T.D.R. and shall be utilizable in any land use zone as per the provisions in the UDCPR or DCPR of the concerned Planning Authority, subject to following manner and restrictions prescribed herein below :

 

i. The Development Rights Certificate (D.R.C.) shall be recommended by the C.E.O., S.R.A. and the Concerned Authority shall issue concerned D.R.C. to the developer within a period of one month from the receipt of the proposal. The F.S.I. credit in square meters of built up area shall be stated in the D.R.C. in figures and in words, along with details of the place from where T.D.R. is generated; and where it may be utilized.

 

ii. The built-up area for the grant of D.R.C. shall be equal to the built-up area of the sanctioned slum rehabilitation scheme, allowed to be taken in the form of Slum T.D.R.

 

iii. Where a buildable amenity on the reserved plot for which the slum rehabilitation scheme is sanctioned, is handed over, free of cost to the concerned Authority, the concerned Authority may grant a further T.D.R. on account of construction of the said amenity, in accordance with the provisions in the UDCPR in this regard.

 

iv. It shall be permissible to utilize the Slum T.D.R. in any land use zone as per the given formula below, subject to restrictions as mentioned in clauses 5 & 6 herein above.

 

Formula ; X = (Rg / Rr) x Y


Where, X = permissible utilization of T.D.R. / D.R. in Sq.m. on receiving plot.


Rg = rate for land in Rs. per Sq.m. as per A.S.R. of generating plots in the generating year.

 

Rr = rate for land in Rs. per Sq.m. as per A.S.R. of receiving plot in generating year.


Y = T.D.R. debited from D.R.C. in Sq.m.

 

v. The D.R.C. may be used on one or more plots of land, whether vacant or already developed, by erection of additional floors, or in any other manner consistent with UDCPR or DCPR of the concerned Planning Authority, as the case may be, but not so as to exceed the F.S.I. prescribed herein, subject to the condition that when T.D.R. is to be utilized by erection of additional floors, it shall only be allowed to the extent and after satisfying the structural stability, bearing capacity of existing structure.

 

9. The site of S.R.S. may be developed with a layout of buildings. For the computation of F.S.I. and tenement density on a site, the net plot area shall be the balance plot area after deducting the area covered by amenity space and Development Plan reservations/roads if any, from the total area of the plot.

 

10. All the plots involved in any S.R.S. under which ex-situ rehabilitation of hutment dwellers is envisaged shall be notionally treated as one for the purpose of computation of F.S.I.

11. Boundaries and measurement of the areas of plots under the S.R.S. shall be certified by the Competent Authority after actual verification of site measurement of the areas of plots. Such certified boundaries and areas of plots shall be the basis for the calculation of tenement density, F.S.I., and other aspects of planning.

 

12. Layout Open and Amenity Space :

 

(A) For sites with area admeasuring 4000 Sq.m. and above, 10% open spaces shall be provided and be maintained as per the UDCPR or DCPR of concerned Planning Authority, as the case may be, and structures permissible in open spaces as per the UDCPR or DCPR of concerned Planning Authority, as the case may be, will be permissible in the open spaces of the Slum Rehabilitation Scheme.

 

(B) For plots with an area exceeding 2 Hectare and above, 5% Amenity Space shall also be provided and for the development of such Amenity Space, the provisions in 14.6.21 of the said Regulations shall apply.

 

13. Roads in the layouts of the sites of S.R.S. shall be of widths prescribed in the UDCPR or DCPR of the concerned Planning Authority, as the case may be, for their corresponding lengths. The area of such internal layout roads shall not be deducted in the computations of the net plot area for determining the permissible F.S.I. and tenement density.

 

14. The Minimum Tenement Density to be achieved in S.R.S. :

 

(A) Minimum tenement density of 450 T/Ha. shall be provided on the net plot area used for the rehabilitation of hutment dwellers (including residential rehabilitation and non-residential rehabilitation units). If the number of rehabilitation tenements needed to be provided to the hutment dwellers in any S.R.S. is such that the corresponding tenement density is less than the minimum specified tenement density, the required number of balance tenements shall be constructed so as to achieve the said minimum tenement density and shall be handed over free of cost to S.R.A. The C.E.O., S.R.A. may use such tenements for the purpose of transit tenements or for accommodating the Project Affected Persons (P.A.P.) or the pavement dwellers or as may be decided by the C.E.O., S.R.A.

 

(B) The minimum tenement density for rehabilitation shall be 450 T/Ha. and maximum tenement density for rehabilitation and free sale tenements/units shall be 1440 T/Ha. Due to local planning constraints and viability of the Slum Rehabilitation Project the density norms of 450 T/Ha. may be relaxed by C.E.O., S.R.A. subject to minimum tenement density of 360 T/Ha. In such cases, C.E.O., S.R.A. shall pass a reasoned order for the same.

15. All non-residential built-up area shall be included in the computation of tenement density, by counting an area of 25.00 Sq.m. (or such area as may be notified by the Government from time to time), per tenement.

 

16. For the computation of the tenement density, the net plot area shall be considered after deducting development plan reservations and amenity space.

 

17. The permissible ground coverage shall be the total plot area after deducting required marginal open space/setback areas from the plot boundaries.

 

18. The maximum permissible height of the rehabilitation buildings shall be up to 70 meters. Building height is restricted/retained up to 45 meters on road width below 9 meters. Building heights more than 45 meters shall be permissible on roads having widths between 9 meters to 12 meters, subject to the minimum front margin as per the said regulations and subject to the condition that, such road shall be widened to 12.0 meters under the provisions of Municipal Corporation Act, by prescribed line of street before granting occupation certificate to such building / s of slum Rehabilitation Scheme this shall be subject to Fire Prevention and life safety requirements and obtaining fire NOC from chief Fire Officer.

 

19. The Front and Side and Rear marginal distances of in-situ Rehabilitation or composite or free-sale buildings shall be as per Regulation No.14.7.11 of UDCPR. The rear and side marginal distances may be relaxed by the C.E.O., S.R.A. on the merits of each case after obtaining fire N.O.C. from the concerned Authority.

 

(A) Where the plot abuts a Nallah/non-buildable reservation or zone/open space; the marginal open space along it shall be 3.0 m. from the edge of the trained Nallah / non-buildable reservation or zone/open space.

 

(B) Minimum distance between two Rehabilitation or composite/free sale buildings shall be as follows :

 

i. For buildings with Height up to 40.0 m. :- Min. 6.00 m.


ii. For buildings with Height above 40.0 m and up to 50.0 m. :- Min. 7.50 m. 

 

iii. For buildings with a Height above 50.0 m. :- Min. 9.00 m.

 

(C) The open space around the building should be paved up to 1.0 m. width. Where the dimensions prescribed are for the pathway and the marginal distances, the larger of the two shall prevail. The pathway shall serve as access wherever necessary. The construction of buildings may be permitted abutting the pathways.

 

20. In the event of any proposed road widening, the computation of permissible F.S.I. shall be made on gross plot area without deducting the area under such proposed road widening and the height of a building shall be relaxed by the C.E.O., S.R.A. on the merits of each case for such road area going under road widening as per the Development Control Regulations of the concerned Municipal Corporation.

 

21. The construction of the building for the rehabilitation of slum dwellers and the tenements to be made available to the S.R.A. shall be as per the designs and specifications approved by the C.E.O., S.R.A.

 

22. After approval is granted to the Slum Rehabilitation Scheme (S.R.S.), the land earmarked for S.R.S. may be further subdivided, if necessary, to carve out separate plots for the Rehabilitation Component, Free-Sale Component and the Amenity Component. Both, the Plot area and the Built-up area of the said plots shall be mentioned separately in Sq.m. in the lease agreements as well as the Record of Rights.

 

14.6.16 Regulations Relating To Rehabilitation And Free Sale Components –

 

The total permissible built-up area for any S.R.S. of Pune and Pimpri-Chinchwad S.R.A. areas shall be the sum total of the Rehabilitation component area and Free sale component area, calculated as per the ratios prescribed herein below :

 

1. If the rehabilitation component is 10.0 sq.m., then; an additional incentive built-up area is permitted to subsidize the rehabilitation component which shall be calculated as per the following formula

 

Rehab : Incentive built-up area shall be 1 : R 

 

Where R = [ 2.8 - ( n x 0.3 ) ]


Where n = ( Y / X ) - 2


Where Y = Rate of Residential Flat per Sq.m. and

 

 X = Rate of Construction per Sq.m.

 

Both the rates are considered as mentioned in the applicable A.S.R. (Annual Statement of Rates) for the scheme plot on the date of granting the Commencement Certificate (C.C.) to the project.

In difficult or dense areas wherein the existing density either in-situ or after clubbing or after relocation-rehabilitation, as the case may be, is more than 650 T/Ha. & up to 850 T/Ha., further, an additional 20% incentive on free sale component shall be permissible, and if such density is more than 850 T/Ha., an additional 30% incentive on the free sale component shall be permissible.

 

Additional incentive for Cluster Redevelopment : The total permissible built-up area for Cluster S.R.S. of Pune and Pimpri-Chinchwad S.R.A. areas shall be the sum total of Rehabilitation component area and Free sale component area, calculated as per the ratios prescribed hereinabove plus additional 10% F.S.I. of free sale component area as an incentive for undertaking cluster redevelopment of slums will be permissible. Cluster here shall mean the slum area of at least 1.0 hectares of contiguous land comprising 3 or more separate land parcels, owned by 3 or more different land owners.

 

Note :

 

i) The Permissible incentive built-up area may be utilized in the site up to the maximum FSI limit permissible in the scheme plot.

 

ii) The minimum and maximum ratio of incentive built-up area permissible as per the above formula shall be 1:1.50 and 3.0 respectively.

 

2. If the S.R.S. in respect of a slum located on any land belonging to a public authority or a private owner, which is needed for a vital public purpose or which is on uninhabitable locations/ecologically fragile/environmentally sensitive locations or wherein in-situ rehabilitation is not feasible for any reason, is taken on an unencumbered plot, then in congested area T.D.R. equal to three times and in non-congested area T.D.R. equal to two times the gross area of the land spared (unencumbered plot) for this purpose shall be permissible to the land owner/lessee or if the landowner has assigned the rights to slum project implementing developer to receive T.D.R. compensation, to the concerned developer after handing over of the said plot to S.R.A. and if the rehabilitation component is constructed by the developer, in addition, Construction Amenity T.D.R. shall be admissible against Rehab. construction, as per Regulation No.11.2.5 of UDCPR, to the developer of the said unencumbered plot.

 

Provided that, in the case of Slum Rehabilitation Schemes, such Construction Amenity T.D.R. shall be increased by 1.35 times the T.D.R. generated. This shall be applicable to all Slum Rehabilitation Schemes.

 

In such cases, if the tenement density provided is more than 650 T/Ha. & up to 850 T/Ha., an additional 10% incentive T.D.R. shall be permissible, and if such density is more than 850 T/Ha., an additional 20% incentive T.D.R. shall be permissible.

 

The Slum T.D.R. shall be released in stages as under :

 

i. After the issue of the Plinth Completion Certificate of Rehabilitation Building/s, 25% of the total Slum T.D.R. permissible shall be released.

 

ii. After completion of R.C.C. & Brickwork of Rehabilitation Building/s, 35% of total Slum T.D.R. permissible shall be released.

 

iii. After issuing of Occupation Certificate of Rehabilitation Building/s, 30% of total Slum T.D.R. permissible shall be released.

 

iv. After completion of the procedure of rehabilitation of eligible Slum Dwellers in the Building, formation & registration of Co.-Op. Housing Society of Hutment Dwellers, a balance of 10% of total Slum T.D.R. permissible shall be released.

 

3. Relocation henceforth shall be preferably on lands already earmarked in the D.P. for E.W.S./MHADA, Housing for Dishoused (H.D.H.) or High-Density Housing (H.D.H.) or Slum Improvement Zones (S.I. zone).

 

4. The identified land for slum relocation under S.R.S. shall be conveyed in favor of S.R.A. upon approval of such S.R.S. The T.D.R. for the unencumbered land spared for this purpose as mentioned above (hereinafter referred to as Land T.D.R.) shall thereafter be granted to the unencumbered plot.

 

5. Land T.D.R. shall be released in two stages - 75% after the conveyance of land and 25% after physically rehabilitating the identified beneficiaries in the S.R.S.

 

6. The land after the relocation of such slum shall be handed over free of cost as the case may be to the respective Municipal Corporation/Public Authority for vital public purposes.

 

7. However, the S.R.S. sanctioned prior to coming into force of the said Regulations may continue to be implemented as per the prevailing Regulations applicable at the time of approval of that S.R.S.

 

8. Area/Tenements to be given to S.R.A. free of cost : On considering the maximum F.S.I. on net plot area and on distributing the same in proportion for rehabilitation and sale component, the 10.0 Sq.m. component is to be mainly used for construction of rehabilitation component, required to accommodate only the existing slum dwellers from the same site and the balance area from this 10.0 Sq.m. component shall be handed over to the S.R.A. free of cost, in the form of tenements. If exactly 10.0 Sq.m. components are required for the rehabilitation of existing slum dwellers from the same site, the S.R.A. will not be entitled to any area. If the requirement of area for rehabilitation of existing slum dwellers from the same site exceeds the aforesaid 10.0 Sq.m. component, the owner/developer / Co-operative Housing Society shall be entitled to T.D.R. as per provisions in the said Regulations and in such case, the S.R.A. will not be entitled to any area, provided that this provision shall not be applicable for the schemes undertaken as per the Regulation for Clubbing of schemes or Composite S.R.S.

 

9. At least 40% of the built-up area (Basic FSI) in a Composite Building under the S.R.S. shall be towards the Rehabilitation Component.

 

10. The C.E.O., S.R.A. shall use the tenements received by him free of cost as per the provisions hereinabove for the purpose of transit or for project-affected persons or slum dwellers from other slum locations.

 

The procedure laid down herein shall be adopted for the allotment of such tenements.

 

(A) On receipt of the application from the developer concerned, an account of all available tenements shall be drawn and communicated to the developer. After obtaining his consent, an order for the allotment shall be issued.

 

(B) Where the tenements are given on rent by S.R.A. to the developer for Transit accommodation or otherwise, the developer concerned shall pay yearly rent in advance to S.R.A. and for that purpose, an agreement for Leave and License shall be executed between the concerned developer and the concerned officer of S.R.A. for the period of minimum 11 months. However, if the developer applies for an extension, a similar procedure shall be followed.

 

(C) It shall be the duty of the developer to take care of the licensed premises including day-to-day maintenance of the tenements allotted on rent and common areas. Common maintenance charges may be shared by the developer with the cooperative society, if any.

 

(D) Charges for common use of electricity and water tax shall be borne by the developer. The charges for electricity and water for individual tenements shall be borne by the slum dweller. However, If the slum dweller fails to pay such charges the developer shall pay to the concerned authority.

 

(E) The developer shall be responsible for the replacement or repairs of any damage that occurred during the period of the license.

 

(F) The charges for documentation and registration fees shall be borne by the developer.

 

(G) The possession of the rented transit tenements to the developer shall only be given after registration of leave and license agreement.

 

11. The terms and conditions for resettlement of such existing tenements shall be as governed by the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

 

14.6.17 Payments to be Made to SRA and Instalments

 

1. No premium including fire premiums shall be charged for any relaxation/exemptions to be granted for the construction of the rehabilitation component under S.R.S. No hardship premium shall be charged for any relaxation to be granted for the construction of composite buildings in the Scheme, provided that such composite building has a minimum 40% of the total built-up area under rehabilitation component. The premium shall not be charged for all or any of the relaxations given herein for the rehabilitation components as well as the free sale components. Provided that, concession in premium may be granted to the extent of proportion of rehabilitation component in the composite building.

 

Further, the developer shall be allowed to pay installments as provided in UDCPR Regulation 2.2.14.

 

2. Premium shall be charged for any relaxation other than the provisions of the said Regulations to be granted for the construction of the Free-sale component, at the rate prevailing then within the areas of respective Municipal Corporations for their areas.

 

3. Land Development charges shall not be charged for lands under declared slum rehabilitation areas. Building Development charges shall not be to payable for the rehabilitation component. However, infrastructural improvement charges shall be paid to S.R.A. and the concerned Planning Authority as per provision in clause (7) below, at the prevailing rates within the areas of respective Municipal Corporations for their areas for the built-up area, over and above the permissible F.S.I. of the zone. These charges shall also apply to the transit camp.

 

4. The Developer shall deposit with C.E.O., S.R.A., an amount of Rs.40000/- or 3% (for 15.0 m. height rehabilitation building) or 4% (for 24.0 m. height rehabilitation building) or 5% (for 45.0 m. height rehabilitation building) or 7% (for 45.0 m. and above height rehabilitation building) of the cost of construction as per the prevailing A.S.R. whichever is more, for each Rehabilitation Tenement as well as for the Welfare Center/s and Balwadi/s in the Rehabilitation Component of the S.R.S. This amount shall be kept in FD for a period of 10 years. The interest received on this amount, after deducting the reasonable expenses required by C.E.O., S.R.A. for performing the tasks as provided by, shall be handed over to the Co-operative Society for maintenance. The principal amount will be transferred to the account of the Cooperative Society on completion of the period of 10 years from the date of formation of the society.

 

5. The developer shall be responsible for complete maintenance of the vacant tenements, till their allotments to eligible slum dwellers/S.R.A.

 

6. The developer shall not create any third-party interest by any means except for the free sale component or D.R.C. of the scheme. Any such act of the developer shall be liable for administrative action against him including criminal action under relevant law or Cr. PC for the misuse of public property.

 

7. The concerned developer shall have to pay Infrastructure Development Charges (I.D.C.) at the rate equal to prevailing rates within the areas of respective Municipal Corporations for their areas. Such I.D.C. shall be calculated on the difference of built-up area proposed for construction of rehabilitation component, free-sale component, transit camps, welfare hall, balwadi etc., if any, and built-up area as otherwise normally permissible on the land pertaining to the scheme under the provisions of prevailing D.C.P.R. for the concerned Authority. Sharing of such I.D.C. between S.R.A. and the concerned Authority shall be in proportion of 10 : 90 of the total leviable I.D.C. and the same shall be paid to the concerned Authority in accordance with the payment schedule as may laid down by the C.E.O., S.R.A., provided the instalments shall not exceed beyond the completion of construction of the scheme. This amount shall be used for schemes to be prepared for the improvement of infrastructure in slums or slum rehabilitation areas.

 

14.6.18 Building Control Regulations for S.R.S

 

1. The developer shall abide by all the terms and conditions laid down in the Commencement Certificate and all N.O.C.s obtained by him while executing the scheme.

 

2. The R.C.C. work shall be carried out under the supervision of the Structural Engineer appointed, and the developer shall abide to all the instructions given in this regard.

 

3. Habitable Rooms - Size and Width - The minimum size and width for any habitable room shall be as per the provisions of UDCPR.

 

4. For rehabilitation tenement, provision of a separate kitchen shall not be necessary where an alcove (cooking space with direct access from the main room without a communicating door); of size not be less than 2.40 Sq.m. with a minimum width of 1.20 m.) is provided. If a separate kitchen is provided, it shall not be less than 3.30 Sq.m. The area, has a minimum width of 1.80 m.

 

5. The width of pathways shall be as per the provisions of UDCPR.

 

6. In water closets, flushing cistern shall not be essential and toilets without this provision may be permitted. The water Closet seat shall be of a minimum of 0.46 m. (18 inches) in length.

 

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

 

8. The minimum internal size of the ventilation shaft shall be 1.50 m. x 2.40 m.

 

9. Common Passage : The minimum width of the Common Passage in the Rehabilitation Component shall be 1.50 m. and the maximum shall be 1.80 m., in case of a singly loaded corridor floor arrangement, and the same shall be a minimum of 1.80 m. and maximum of 2.40 m. in case of doubly loaded corridor floor arrangement. The area of common passage, not exceeding the prescribed limits in width, provided in the Rehabilitation Component shall not be counted towards the computation of permissible in situ F.S.I.

 

10. (A) The minimum plinth height shall be 45 cm. and in flood-prone areas, the plinth shall be at least 30 cm. higher than the Highest Flood Level for Ground floors and it shall be a minimum of 15 cm. in case of building on stilts.

 

(B) The minimum clear floor height (finished floor to finished ceiling) of the rehabilitation tenement room shall be 2.75 m. and any toilet shall have a clear minimum floor height of 2.40 m.

 

(C) The minimum width of each flight, mid-landing, and corridor of the staircase shall not be less than 1.50 m. The area of the staircase, not exceeding the prescribed limits in width, provided in the Rehabilitation Component shall not be counted towards the computation of permissible in situ F.S.I.

 

(D) The maximum height of all risers shall be of 15 cm. in a residential building.

 

(E) The minimum width of the tread without nosing shall be 25 cm. for any staircase in a residential building, other than stairs provided in fire escapes.

 

(F) The minimum headroom in a passage under the staircase and under the staircase shall be 2.20 m.

 

(G) The ordinal number of each floor shall be conspicuously displayed in figures of the size of at least 15 cm. on the wall facing the flights of a stairway or at such suitable place as is distinctly visible from the flights.

 

(H) Handrails having a minimum height of 0.90 m. from the center of the treads shall be provided.

 

(I) Provisions of Lifts for people as well as accommodating stretchers in any building under the Rehabilitation Component shall be as per the following Table :

 

Sr. No.Height of BuildingMinimum No. of Lifts
General LiftStretcher Lift
1Up to G + 4 storeys--
2Up to G + 9 storeys11
3Upto G P + 16storeys21
4Above G / P + 16 storeys22

 

(J) For every rehabilitation tenement, car parking at the rate mentioned in these Regulations shall be provided or 1 Parking Space per tenement for two-wheelers shall be provided. The above parking spaces may be provided in any combination.

 

(K) The planning, design, and construction of any building under S.R.S. shall be such as to ensure safety from fire. For this purpose, the provisions of the Maharashtra Fire Prevention and Life Safety Act, 2006, and the relevant provisions of the National Building Code 2005, as amended from time to time, shall apply.

 

(L) RAMP :


i. For Four-wheeler vehicles :- For parking spaces in a basement and upper floor, at

least two ramps of a minimum of 3.0 m. width or one ramp of 6.0 m. width and slope not more than 1:8 shall be provided preferably at the opposite ends.

 

ii. For Two-wheeler vehicles :- Ramp : Min 3.0 m. width. All ramps provided shall be within the building line.

 

11. All provisions mentioned herein above shall be applicable to the buildings under the Rehabilitation Component as well as Composite buildings under S.R.S.

 

12. In case of multi-storied structures constructed for rehabilitation of the slum dwellers and for the tenements to be made available to the appropriate authorities, as mentioned in The said Regulations, the provision of the said Regulations shall not apply if multi-storied building does not contain at least 40% of the built-up area as rehabilitation component.

 

13. The above special regulations can be further relaxed by the C.E.O., S.R.A. under written permission in specific cases of demonstrable genuine hardship. In order to make the S.R.S. viable, the C.E.O., S.R.A. shall be competent to award any relaxation/s, wherever necessary, for reasons to be recorded in writing. The C.E.O., S.R.A. may delegate any of the powers conferred upon him under the provisions of the said Regulations and the said Act, except power of relaxation, to any of the officers of the S.R.A., by a general or special order in this behalf.

 

14. (A) Amalgamation/Subdivision of Plots and F.S.I. thereon : Any land declared as S.R.S. area shall be notionally treated as one plot, even if it is spread on part or parts of the boundary of different C.S.Nos., Khasara Nos. or Survey Nos. Separate approval shall not be necessary for such deemed amalgamation and such notionally amalgamated plot shall be treated as a single plot for the purpose of F.S.I. computation. However, such an amalgamation shall not include existing nallah, water body or transmission line zone if any.

 

(B) Boundaries and measurement of Area Under S.R.S. : The areas of plots under the S.R.S. shall be certified by the Competent Authority after actual on-site measurement of the areas of plots. Such certified boundaries and areas of plots shall be the basis adopted for planning purposes, for calculation of tenement density and F.S.I. and other aspects of planning.

 

(C) After approval is granted to the Slum Rehabilitation Scheme (S.R.S.), the land earmarked for the S.R.S. area may be further subdivided, if necessary, to carve out separate plots for the Rehabilitation Component, Free-Sale Component, and the Amenity Component. Both, the Plot area and the Built-up area of the said plots shall be treated as independent plots and mentioned separately in Sq.m. in the lease agreements. However, the sub-division of the plot for the rehabilitation component and free sale component shall have the proportionate areas of open space/amenity space (if any) vis-à-vis their respective built-up areas.

 

(D) The Collector/City Survey Officer, as the case may be, on payment of such fees as may be applicable on this behalf, shall ensure that the city survey sheets and property cards are corrected accordingly and fresh property cards are opened for each of the plots giving details regarding the area of the plots and the total area of the floors of the built-up property i.e. the F.S.I. used on that plot.

 

(E) The C.E.O., S.R.A. may, if required, adjust the boundary of the plot declared as a slum rehabilitation area so as to suit the building design and provide proper access to the Project.

 

(F) In case, the land on which any S.R.S. is undertaken is adjoining railway tracks, a boundary wall of minimum 2.40 m. in height shall be constructed on the side of the plot abutting the railway line. The Developer shall be required to furnish a No Objection Certificate (N.O.C.) from the concerned Railway Authority while seeking permission for the construction of any building under the S.R.S. within a distance of 30 m. from the railway boundary. Any development on such plot shall be subject to the terms and conditions stipulated by the concerned Railway Authority.

 

15. C.E.O., S.R.A. shall conduct a periodical quality audit of the rehab component from the date of commencement certificate till its completion. Suitable and competent agencies can be hired for this purpose by C.E.O., S.R.A.

 

16. The developer shall at his own cost ensure comprehensive annual maintenance of lifts, S.T.P. Plant, fire extinguishing, water pumping, and generator backup systems for a minimum 5 years from the date of occupancy certificate of the rehab building/s so as to avoid any structural and other major defects in the buildings and related services.

 

In addition, the developer, at his own cost, shall also get the insurance done for the buildings in the rehabilitation component in favor of the Co-op. society for the said period of 5 years.

 

14.6.19 Slum and Development Plan Reservations

 

Existing hutments in the slum pockets occupying lands in dangerous locations such as hill slopes, marshy lands, or in close proximity of water bodies, or lands abutting Railway tracks or sites immediately required for the public and semi-public projects may be relocated to other suitable locations with the prior approval of C.E.O., S.R.A.

 

1. Slums situated on the lands falling under any reservations in the Development Plan and/or Town Planning Scheme shall be developed as follows :-

 

Out of the total area under reservation, 40% of the area shall be earmarked for reservation and the rest shall be put to slum rehabilitation in schemes where the existing tenement density of slums is less than 450 T/Ha. The area earmarked for reservation may be reduced to 33 %, where the existing tenement density is more than 450 T/Ha. The remaining land under reservation shall be handed over to the concerned Planning/Appropriate Authority as per provision in UDCPR. Provision of Accommodation Reservation shall not be applicable.

 

2. Slums situated on lands under industrial and public/semipublic Zone/Slum Improvement Zone or under reservations for Economically Weaker Section Housing (E.W.S.), High-Density Housing (H.D.H.)/Housing for dishoused (H.D.H.) shall be allowed without charging any premium on the area of reservation for conversion or accommodation and for allowing redevelopment.

 

3. Wherever D.P. Road passes through a slum; the entire 100 percent F.S.I. of the road may be given for utilization in the same site on the remaining area of such plot.

 

4. S.R.S. can be taken up on Town Planning Scheme plots and reservations as well, in accordance with the said Regulations. Contravening structures in the adjoining final plots, if declared as slum area by the Competent Authority or Slum rehabilitation area by the C.E.O., S.R.A. shall be included in the slum rehabilitation scheme (S.R.S.) in the relevant final plot of the Town Planning Scheme.

 

5. It shall be an obligatory duty of the Competent Authority to ensure de-notification of the entire slum area, by including all eligible slum dwellers falling in the proposed buildable site, contravening structures, hutments on adjacent non-buildable areas like roads/No Development Zones/Green Belts/reservations, for the purpose of in-situ rehabilitation of such eligible slum dwellers on balance buildable land as per The said Regulations.

 

14.6.20 Clubbing Of Two Schemes

 

1. Clubbing of two or more Slum Rehabilitation Schemes, proposed within a radius of 5 km. aerial distance, may be allowed by keeping the ratio of the rehabilitation component to the sale component as permissible on the proposed scheme plot. In such a case, the rehabilitation component can be proposed on one land and the sale component on the other. Slum T.D.R. generation in such cases shall be as per the incentive of the proposed scheme plot. Provided that this approval shall be subject to payment of the difference in the Rate as per A.S.R. of built-up premises for sale components, proposed to be exchanged.

 

2. The S.R.S. proposal shall be allowed to be executed as a Composite proposal, with adjacent encumbered or unencumbered buildable lands. In such a case, the developer may execute the S.R.S. along with any other encumbered or unencumbered buildable land, by availing benefits under the said Regulations on any of the land, restricting the scheme to the rehabilitation component area that existed prior to such composition. This shall even mean allowing rehabilitation component on one land and the entire permissible in-situ free sale F.S.I. i.e Maximum Building potential as per UDCPR, on the other land.

 

3. Development of slum and contagious non-slum area under any other provisions may be allowed together, in order to promote flexibility of design as well as to raise more resources, provided the F.S.I. i.e. maximum Building potential as per UDCPR on the non-slum quantum of area shall be that permissible in the surrounding zone. Such a scheme shall be deemed to be a Slum Rehabilitation Scheme. The power under DCPR for shifting and/or interchanging the purpose of designations/reservations shall be exercised by the C.E.O., S.R.A. in respect of slum rehabilitation areas/projects.

 

4. All the plots involved in any S.R.S., under which ex-situ rehabilitation of hutment dwellers is envisaged, shall be notionally treated as one, for the purpose of computation of F.S.I.

 

14.6.21 Social Amenities And Religious Structures

 

1. Religious structures existing prior to rehabilitation, if allowed as part of rehabilitation in accordance with the guidelines issued by the Government from time to time, shall not exceed the area that existed prior to rehabilitation. However, the FSI required for the same shall not be counted in the in-situ permissible F.S.I. of the slum rehabilitation scheme (S.R.S.).

 

2. (A) There shall be a Welfare Center and Balwadi measuring 27.88 sq. m. (Carpet Area) each for every multiple or part of 100 hutment dwellers' families in every S.R.S., as part of the Rehabilitation Component. It shall be located so as to serve all the floors and buildings equitably. Further, two or more such welfare centers and Balwadis may be permitted to be clubbed together suitably for their better utility. Similarly, Health Post and Police Chowky, each of 27.88 sq.m. A Carpet Area shall be provided, preferably on the Ground Floor under SRS having more than 500 tenements. In case of misuse of the Welfare Centers and/or Balwadi by the members of the Co-operative Housing Society, it shall be taken over by C.E.O., S.R.A. who shall be entitled to allot the same to be run by any suitable organization/institution for public use.

 

(B) For all sites admeasuring more than 4000 Sq.m. in area, 2.5% of the rehabilitation component area shall be constructed for the Rehabilitation Co-operative Society in the form of Convenience Shopping, where such shops shall not be more than 10 Sq.m. in carpet area, with single floor height preferably on the ground floor or first floor. Such area shall be utilized by the society for earning additional income to the society.

 

Convenience users like Vegetable markets, Meat markets, Fish markets, Barbershops, Grocery shops, Milk Booth, Telephone Booth, Newspaper and Book stalls, Stationery shops, Utility shops, Tailor shops, Canteen, Tea Stall, etc. shall be permissible in these shops.

 

The Rehabilitation Co-operative Housing Society shall own these Convenience Shops and shall generate Operation and Maintenance costs for rehabilitation component through these, by way of transparent allotment and operation for which, an accounting system may be prescribed by the C.E.O., S.R.A.

 

Provided that, in the situations where conveyance shopping is not desirable and specifically requested by the majority of slum dwellers and such an area can be proposed by any dimension as permissible and for any other commercial users like banks/offices/community hall/self-help group, etc. Provided further that, the modalities on operational aspects, additional uses, and allotment process for the occupation of such structure shall be decided by C.E.O., S.R.A.

 

3. One society office of 12.0 Sq.m. (free of F.S.I.) per rehabilitation building for hutment dwellers shall be provided free of cost in every Slum Rehabilitation Scheme and an attached toilet of 4.0 Sq.m. area (free of F.S.I.) may be permitted.

 

4. All the areas underlying welfare halls, society office, balwadi/s, religious structure/s, and the commercial areas given by way of incentives to the Co-operative Housing Society shall be free of cost and shall form part of rehabilitation component and shall be considered for incentive F.S.I. computation for the free sale component as per the provisions in the said Regulations.

 

5. Welfare halls, society office, balwadi/s, religious structure/s, Health Posts, Police Chowky, and the commercial areas given by way of incentives to the Co-operative Housing Society provided in the rehabilitation component shall not be counted towards the F.S.I.

 

6. Similarly, Health posts as per the requirement of the concerned Municipal Corporation and Police Chowky of 27.88 Sq.m. Carpet area shall be provided as per the requirement of the Commissioner of Police under a Slum Rehabilitation Scheme. In case of misuse of these facilities, the same shall be taken over by the C.E.O., S.R.A. who shall be competent to allot the same to some other organization/institution for public use.

 

7. Convenience shopping as defined in the corresponding provisions of the D.C.P.R. of the concerned Authority shall be permitted along the layout roads within the S.R.S., having a width of 9.0 m. and above, provided a setback of 3.0 m. is provided. This shopping provision would be in addition to the provision for shop area allowed according to the said Regulations.

 

14.6.22 Formation Of Co-Operative Society

 

1. The developer and the beneficiaries of S.R.S. to form and register C.H.S.

 

A) The eligible hutment dwellers, including the P.A.P.s nominated by the C.E.O., S.R.A., will have to form a Co-operative Housing Society after all members have fully paid their dues to the Corporation, MHADA etc. All the cost involved in connection with the registration of the Co-operative Housing Society will be borne by the eligible hutment dwellers and the Developer shall register a Co-operative Housing Society (C.H.S.) of the rehabilitated hutment dwellers within 60 days from the date of issuance of the commencement certificate to the project of Rehabilitation Tenements by the hutment dwellers. Stamp Duty payable under the Bombay Stamp Act, 1958 for registration of documents of allotment of such rehabilitation tenements or registration of Co-operative Housing Society shall be fully exempted.

 

B) The Managing Committee of the registered Co-operative Housing Society of hutment dwellers shall be constituted in accordance with the provisions of the Maharashtra Cooperative Societies Act, 1960.

 

C) The rehabilitation tenement shall be jointly owned by the Pramukh hutment dweller and the spouse, if applicable. The details of ownership including Share Certificate and other relevant documents, shall be so entered and shall be deemed to be so entered in the records of the Co-operative Housing Society. The membership of the Co-operative Housing Society should be finalized based on eligibility criteria as per the provisions of the said Regulations and as specified by C.E.O., S.R.A.

 

2. The developer registered with S.R.A. shall enter into an individual agreement with the eligible hutment dweller of each structure in the slum area under the S.R.S., regarding allotment of his respective Rehabilitation Tenement. Such agreement will be in the joint name of the Pramukh hutment dweller and the spouse, if applicable, for every Rehabilitation Tenement.

 

3. The rehabilitation tenement shall be in the joint ownership of the hutment dweller and the spouse; and shall be so entered and be deemed to be so entered in the records of the co-operative housing society of eligible slum dwellers, including the share certificate and all relevant documents. Such tenement shall not be sold or leased by the hutment dweller for up to 10 years from the date of allotment. Such provision shall be included in the Agreement between the hutment dweller and the Developer.

 

4. Transfer of the rehabilitation tenement may be permitted by C.E.O., S.R.A. after completion of ten years from the date of occupation by charging a premium equal to 10% of the prevailing market value of the tenement as given in the A.S.R. for the respective year.

 

5. The Developer shall register a Conveyance Deed in favor of the Co-operative Housing Society of the rehabilitated hutment dwellers, formed for the constructed rehabilitation built-up area and the land spared for the same, along with common areas, access, marginal spaces left for the building, immediately after such rehabilitated hutment dwellers occupy the building/s in the Rehabilitation Component.

 

14.6.23  Responsibility Of The Co-Operative Society

 

1. The Co-operative Society shall be responsible for the maintenance of facilities provided within the area leased to the society. The maintenance shall involve sweeping and cleaning of pathways, collecting of household garbage and carrying it to the nearest municipal dustbin, maintaining and replacing common conveniences, etc. The Co-operative Housing Society shall be entitled to levy a suitable service charge on its members for this purpose.

 

2. Internal roads, pathways, common amenities, etc. as shown in the layout of the colony shall be provided as part of the original project. However, the Co-operative Housing Society shall be responsible for maintaining the same.

 

3. The Co-operative Housing Society shall be responsible for payment of municipal taxes and service charges such as those for water supply etc. and for any dues of any other competent authority from time to time.

 

4. Individual maintenance including electricity bills and water charges if any, etc. of tenements shall be done by the slum dweller to whom the tenement is allotted.

 

14.6.24 Inalienability

 

C.E.O., S.R.A. shall issue Identity Cards to each rehabilitated family in the name of the head of the family, jointly with his/her spouse, if applicable. Selling/Transfer/Rent/Lease of the rehabilitation tenement shall not be allowed for a period of 10 years (except to their heirs), from the date of possession of the tenement. In case of breach, C.E.O., S.R.A. shall cancel the allotment in respect of the dweller and take over the tenement. The concerned dweller shall not be eligible for any rehabilitation tenement in any S.R.S. or other Schemes. These conditions shall appear on the identity card as well.

 

14.6.25 Possession Of The Tenements/Shop Possession of the rehabilitation tenement/shop shall be handed over to any eligible hutment dweller only after,


1. The Co-operative Housing Society of the rehabilitated hutment dwellers is registered; And


2. Agreement to lease the land is executed by the land-owning authority with the Co-operative

Housing Society of the rehabilitated hutment dwellers after completing necessary formalities; And

 

3. After such hutment dweller has surrendered transit accommodation, if any, given to him/her, and has cleared all his/her dues to P.M.C./P.C.M.C./P.M.R.D.A. (Restricted to earlier P.C.N.T.D.A. area)/M.I.D.C./M.H.A.D.A./Government of Maharashtra.

 

14.6.26 Allotment Of The Tenements To The Protected Occupiers

 

1. The eligibility of the Protected Occupiers shall be decided by the Competent Officers as per the orders issued by the Government in this behalf from time to time.

 

2. The list of all Protected Occupiers and those held eligible in appeal proceedings shall be obtained from all concerned departments of S.R.A. by the officer drawing the lots. So also such an officer shall obtain a copy of plans along with a number of rehabilitation tenements per floor from the technical department.

 

3. The Protected Occupiers evicted forcefully shall also be considered for allotment.

 

4. Public Notice of the drawing of lots shall be published by the officer 7 days prior to the date of actual allotment. Such a notice shall be published at a conspicuous place of the scheme and the transit camp or accommodation provided for Protected Occupiers by the developer. A suitable Panchanama shall be made of publication of such notice and maintained in the official record.

 

5. The Widow of the Protected Occupier/Widow who is the Protected Occupier, and the family/families having Blind and Physically Handicapped members, shall be given a preference to select a tenement of their choice as far as possible. However, in the case where the same tenement is preferred by more than one such eligible dweller, the decision shall be taken by the drawing of lots among themselves.

 

6. Thereafter after remaining tenements shall be allotted to the remaining Protected Occupiers by drawing of lots in the presence of the Protected Occupiers who are present at the time of such allotment. As far as practicable a suitable video recording of the process shall be done, the cost of which shall be borne by the developer concerned.

 

7. The list of tenements allotted to eligible slum dwellers shall be prepared, a copy of which shall be forwarded for registration and actual possession of the tenement to the developer, who in turn will file compliance along with the documents.

 

8. The Occupancy Certificate shall be issued, after the completion of the procedure laid down herein above.

 

9. The agreement and registration of the tenements as per the allotment order shall be carried out by the developer in favor of the individual Protected Occupier.

 

10. The non-residential units of all concerned eligible slum dwellers shall be earmarked along with their respective allotted unit numbers in the building plan at the time of obtaining the commencement certificate only.

 

11. The C.E.O., S.R.A. shall be competent to take forcible action including an action to disqualify against any protected or Non-protected slum dweller who is not complying with the lawful orders passed by him in the interest of the slum rehabilitation scheme. Reasonable opportunity shall be given by C.E.O., S.R.A. to such slum dweller before passing any order in this regard.

 

14.6.27  Allotment Of The Tenements To The Non-Protected Occupiers

 

1. The eligibility of the Non Protected occupiers shall be decided by the Competent Officers as per the orders issued by the Government on this behalf from time to time.

 

2. The allotment shall be subject to payment of the subsidized cost of the tenement to be paid by the Non-Protected occupier to the S.R.A. Such cost shall be determined taking into account the values prescribed in the A.S.R. for the year in which such an allotment is done.

 

3. The amount or the Cost of the tenement shall be calculated by the C.E.O., S.R.A. as per the policy sanctioned by the State Government on this behalf.

 

4. Preparation of the list as per seniority of the Non Protected occupiers, allotment of the tenements, recovery of costs, and allotment by draws wherever required shall be regulated by a special cell called P.M.A.Y. cell to be formed at the level of S.R.A. The C.E.O. with the prior sanction of the Government, creates such posts required for the smooth functioning of such cells.

 

5. The P.M.A.Y. cell shall maintain a register of Non Protected occupiers in which the seniority of the beneficiary shall be decided on the basis of the date on which he has vacated his structure (hutment) in the Rehabilitation Area. In case more than one structure is vacated on the same date, then the seniority will be decided on the basis of the existence of the structure based on proofs submitted by the dweller for deciding his eligibility to the competent authority.

 

6. In addition to the register prescribed in clause 5 above, the P.M.A.Y. cell shall also maintain another register of tenements available for the allotment.

 

7. In the case where the number of Non Protected occupiers exceeds the number of tenements opted by them in a scheme available for allotment, then the allotment shall be done according to seniority. And in case more than one Non-Protected occupier has the same seniority, the allotment shall be done by the drawing of lots. In case of dispute in this regard, the decision of the C.E.O., S.R.A. shall be final and binding on all the parties concerned.

 

8. The tenements available in a scheme shall be allotted to the Protected and non-protected occupiers in the manner provided hereinafter –


a. The Protected occupier of the said scheme shall be accommodated first.


b. The Protected occupiers of adjoining/nearby non-buildable Slum Rehabilitation Areas shall

be accommodated thereafter.


c. The Non Protected an occupier of the Slum Rehabilitation Area on which scheme is

sanctioned shall have the first priority amongst all such Non Protected occupiers who have opted to Rehabilitation by payment of cost in the tenements available in the said scheme.

 

All other Non-Protected occupiers shall be given preference as per their seniority thereafter.

 

d. Any disputes raised regarding the allotment of any tenement to any Non-Protected occupier shall be decided by The C.E.O., S.R.A. and the decision in such case shall be final and binding upon the Non-Protected occupiers.

 

14.6.28  De-Notification Of Slum Rehabilitation Area

 

1. The C.E.O., S.R.A. shall de-notify partly or fully the Slum Rehabilitation Area as per provisions of the Slum Act, on being satisfied that it is necessary to do so or when directed by the State Government.

 

2. The concerned Ward Officials of the respective municipal area and the concerned Police Inspector of the local area shall ensure effective uninterrupted implementation of S.R.S. It shall be their obligatory duty to take required action immediately against Slum lords as well as non-participant and/or obstructionist persons obstructing the sanctioned S.R.S. In case of failure, C.E.O., S.R.A. shall recommend action against such persons under the provisions of the Slum Act and/or applicable Law.

 

14.6.29  Premium For Ownership And Terms Of Lease

 

1. Where S.R.S. is proposed to be undertaken on lands owned by the Government, Semi- Government Undertakings and Local Bodies, the developer registered with S.R.A. shall pay premium at the rate of twenty-five percent of the land cost as per A.S.R. in-situ construction area equivalent to such premium where premium and construction cost both are calculated as per A.S.R. in addition to compensation for land calculated as per Section 17 of the Slum Act, 1971.

 

However, in the case of higher-density of hutments where no in situ construction is possible, only a premium shall be paid.


The premium shall be paid in installments as mentioned below :-

 

Sr. No.Stage of the SchemePremium amount to be paid
1At the time of approval of the Scheme but before issuing of the letter of IoD10% of premium amount
2Before issuing of letter of Commencement of Rehab. building.10% of premium amount
3Before issuing of Completion Certificate of Rehab. building.80% of the premium amount

 

The aforesaid premium charges shall be allowed to be paid in the installments with interest @ 8.5% p.a. as per Regulation No. 2.2.14 of UDCPR.

 

However the delay payment charges @ 8.5% shall be paid by the developer on premium amounts mentioned in Sr.No. 2 & 3 above from the date of issuing of the letter of IoD till actual payments are made to Slum Rehabilitation Authority.

 

2. The amount of compensation calculated as per Section 17 of the Slum Act, 1971 shall be paid to the land-owning department of the Government or Semi-Government Undertakings and Local Bodies.

 

3. The decision of C.E.O., S.R.A. regarding the possibility of in-situ construction depending on slum location shall be final and binding on all the parties concerned.

 

4. The part of the land belonging to the Government/Semi-Government/U.L.B./Public Trusts/M.H.A.D.A./P.M.C./P.C.M.C./P.C.N.T.D.A./M.I.D.C., on which the rehabilitation project will be constructed shall be leased by the concerned land owning authority to the Co-operative Housing Society of slum dwellers for a period of 30 years at lease rent of Rs.1001 for 4000 sq. m. of land and part thereof, which shall be renewable for further periods of 30 years at a time. The same dispensation shall apply to the land under the free sale component and such land shall be leased directly, and not through the slum dwellers, to the registered Co-operative Housing Society/Association of the purchasers of tenements in the free sale component and, pending the formation of such Cooperative Housing Society / Association of the purchasers of tenements in the free sale component, such land shall be leased to the developer. The said lease deed shall be executed within 60 days from the date of issuing building permission to the project.

 

5. Recovery of pending dues such as assessment, compensation, occupation charges, usage charges, revenue or non-agricultural tax/dues, etc., pending with public authorities such as the State Government, M.H.A.D.A., M.S.E.D.C.L. and/or Municipal Corporation, although binding on the Developer, shall not be linked to the grant of approval or building permission and implementation of the Slum Rehabilitation Scheme. The Developer will have to settle all pending dues before issue of the occupancy certificate by S.R.A. Any revenue assessments, permissions, or orders to be made for any land under S.R.S. shall not be linked to the issue of any certificate or N.O.C. relating to the S.R.S.

 

6. Automatic cancellation of restricted Land Tenure : If any land or part of any land on which the slum is located is under restricted land tenure, the said tenure/lease created by the concerned Public Body shall stand automatically terminated as soon as S.R.S., which is a public purpose, is prepared on such land and submitted for approval to the C.E.O., S.R.A. Any arrears of dues to be collected for such land shall not be linked to the issue of any certificate or N.O.C. relating to the S.R.S.

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Blog 1
Transit Oriented Development (TOD) 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. 14.2 Transit-Oriented Development (TOD)

 

The following regulations in respect of Transit Oriented Development shall be applicable for the areas mentioned herein under. These provisions shall come into operation where Authorities either have or proposed RTS/Metro-rail/BRTS corridors in their Development Plans and have started implementing them.

 

14.2.1 For Pune Municipal Corporation Area

 

14.2.1 Transit-Oriented Development (TOD)

 

The planning authority shall ensure execution of complete street design for the success of TOD and enable construction of street oriented buildings while achieving optimum densities in residential, commercial and office buildings.

 

The Planning authority shall also ensure complete pedestrianisation in the TOD zones for easy movement of the pedestrians to & from station within a period of 1 year from sanction of this regulation.
 

14.2.1.1 Definition

 

(i) TOD zone :- It is the area 500 m. around the proposed Metrostation boundary, which will be delineated by the Planning Authority with the approval of the State Government. Wherever any reservation/amenity space within such distance is utilized for the purpose of transportation as prescribed in these regulations, and the distance of 500 m. shall stand relaxed up to 30%. The TOD zone shall be delineated on the ground by the Planning Authority in a bound manner i.e. within 2 months from this notification.

 

(ii) Base permissible FSI :- It is the FSI that is otherwise permissible on any land with respect to zone shown as per the sanctioned development plan and the relevant provision of the Principal DCPR excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

 

(iii) Gross plot area :- Gross Plot Area means the total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

 

(iv) Principal DCPR :- Principal DCPR means the UDCPR sanctioned vide notification dt.02.12.2020 and as amended from time to time.

 

14.2.1.2 Maximum Permissible FSI

 

The maximum permissible total FSI in the TOD zone shall be 4.00 including the base permissible FSI, subject to the condition that, the additional FSI over and above the base permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table below -

 

Sr. No.Road width in m.Maximum Permissible FSI
123
19.0 m. and up to 12.0 m2.50
212.0 m. and up to 15.0 m.3.00
315.0 m. and up to 24.0 m3.50
424.0 m. and above4.00

 

Note : The Regulations as pertaining to Ancillary FSI as listed in the principle DCPR shall be applicable to the above-mentioned FSI. The Built-up Area Calculation shall be in accordance with Regulation 6.6 of UDCPR.

 

14.2.1.2.1 Premium to be Paid

 

Additional FSI Over and above the base permissible FSI of respective land use zones as per principal DCPR may be permitted on the payment of premium.

 

The rate of premium for the additional F.S.I. as mentioned in Column No.3 above shall be 30% for FSI to be used for tenements of size equal to or less than 60 sq.m. and 35% for the remaining FSI to be used for residential and/or commercial use, of the rate of the said land mentioned in Annual Statement of Rates without considering the guidelines therein.

 

In the area of the Planning Authority, 50% of the amount of premium collected should be paid to the Planning Authority in the area concerned with the Urban Transport Project and the remaining 50% to the Project Implementing Authority.

 

In the area of Regional Plans, 50% of the amount of premium collected should be paid to the Government through the District offices of the Town Planning and Valuation Department and the remaining 50% to the Project Implementing Authority.

 

14.2.1.2.2 Impact Assessment and Integrated Mobility Plan

 

Such additional FSI over and above the base permissible FSI, shall be granted by the Authority from where the Metro Rail is passing through, after taking into account the Impact Assessment of the implementation of these regulations, regarding the impact on the city and sector-level infrastructure and amenities as well as traffic and environment. Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time-bound manner.

There shall be an Integrated Mobility Plan envisaging inter-linkages between different modes of mass transport, parking management, traffic management and pedestrianisation, non- motorized transport network, last mile connectivity, traffic calming, inter-connected street networking etc.

 

The impact assessment analysis shall be done by the Planning Authority within 4 months containing the remedial measures required regarding the upgradation of infrastructure, etc. taking into consideration the impact analysis and provisions of the sanctioned Development Plan and the need for such area falling in TOD Zone. Local Area Plans shall be prepared by the Planning Authority with the participation of local residents within a period of four (4) months. Such Local Area Plans shall contain complete street design to achieve optimum densities and also to ensure complete pedestrianisation.

 

14.2.1.2.3

 

The entire area of the plot may be considered for calculating the potential of the plot with respect to premium FSI + TDR, but not the basic FSI. Basic FSI shall be calculated on the area of the plot remaining with the owner after deducting the area under D.P. road/road widening/reservations and amenity space. This shall be applicable in cases where a reservation area or amenity space is handed over to the authority.

 

14.2.1.2.4

 

In case of plot/plots falling partly within the TOD zone, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within TOD zone plus plot falling outside TOD zone) shall be as prescribed in the table in regulation no.14.2.1.2 :-

 

(i) Where 50% or more area of such plot/plots falls within TOD zone, these regulations including FSI shall apply to the total area of such plot/plots.

 

(ii) Whereless than 50% area of such plot/plots falls within the TOD zone, these regulations including FSI shall be applicable to the part of plot/plots falling within the TOD zone, whereas for the part of plot/plots falling outside TOD zone, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside the TOD zone shall be as per Principal DCPR.

 

Notwithstanding anything contained in any other provisions of these regulations, TDR shall be allowed to be received on the plots within the TOD zone, irrespective of its location in a congested area/non-congested area as per the Development Plan of Pune subject to the condition that it shall be utilised in 1/4th share with premium FSI at every stage of utilization. Such share shall be calculated on the potential remaining after utilizing the in-situ FSI towards the Development Plan road, reservation, and amenity space, if any, on such land.

 

However in case of non -availability/shortage of TDR, the Authority, after considering the local situation, may allow utilisation of the entire potential with premium FSI. The Planning Authority shall compensate for the same to the Metro Project Implementing Authority as per the sharing formula decided by the Government from time to time.

 

(iii) In the case of plots that marginally fall in the TOD Zone, i.e., less than 10% or 500 sq.m., whichever is less, the land owner/developer shall decide to follow these TOD Regulations or Principal DCPR.

 

14.2.1.3 Tenement Size

 

For any development or redevelopment within the TOD zone, the size of the tenement shall be a minimum of 25 sq.m. and a maximum of 120 sq.m. of carpet area and out of total proposed tenements, the tenements equivalent to at least 50% of total FSI shall be of a size equal to or less than 60 sq.m. carpet area except the projects in which rehabilitation of existing tenements is undertaken. In the case of a redevelopment scheme, the size of the tenement can be relaxed for the Rehab Component subject to other provisions of Principal DCPR. However, for the free sale component, 50% of residual FSI shall be utilised for tenements of size equal to or less than 60 sq.m. carpet area. These tenements shall not be allowed to be clubbed/amalgamated in any case. However, this restriction for the residual FSI shall not be necessary in the case of single-building redevelopment projects on plots below 1000 sq.m.

 

In the case of a building with mixed-use, 50% of FSI utilized for residential purposes shall be considered for calculating the requirement of tenements of a size equal to or less than 60 sq.m. carpet area.

 

If the holder/owner of the property needs to build this 50% component at some other location(s) within the same TOD zone/circle, the difference between the rate of sale of tenements as mentioned in the Annual Statement of Rates shall be paid by the developer to the Municipal Corporation as premium.

 

14.2.1.4 Permissible mixed use in TOD zone

 

Mixed-use in the form of residential and commercial may be permissible on the residential plot in the TOD zone fronting on the road width of 12 m., and above, and mixed-use on plot/plots in the commercial plot in the TOD zone shall be permissible as per the Principal DCPR and the maximum permissible FSI under this regulation shall be allowed on the payment of premium. Purely Mercantile building office buildings, schools, colleges, hospitals, hotels, and assembly buildings will be permissible on independent plots, & Information Technology buildings will be permissible on independent plots subject to payment of premium. For I.T. Buildings the rate of premium for additional FSI up to 200 % shall be as per regulation No.7.8 of Principal DCPR and for additional FSI over it shall be as required under this regulation.

 

14.2.1.5 Marginal Distances

 

Marginal Distances Shall be applicable as per provisions in principle DCPR.

 

14.2.1.6 Parking

 

Parking provisions in the TOD Zone shall be at 50% of those as mentioned in UDCPR.

 

Note : No on-street parking shall be permissible, unless specifically allowed in the integrated mobility plan report.

 

14.2.1.6.1 Incentive for providing Public Parking in the area falling within the radius of 200 m. from the Metro/ MRTS Station.

 

If the owner/developer of the plot falling within the radius of 200 mt. from the Metro Station is willing to provide Public Parking space over and above the parking spaces required as per

regulation No.14.2.1.6 of this regulation, the same shall be allowed without charging a premium for such additional area and in that case the overall premium shall be discounted on 50 % of such parking area while calculating premium for additional FSI allowed over and above the base FSI, subject to following conditions :-

 

a) Such parking area shall be in the built-form and shall be handed over to the Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with the owner/developer for such parking space at the time of granting Commencement Certificate to the project. Such a Public Parking area shall be clearly shown on the proposed building plan/layout and a condition to the above effect shall be incorporated in the Commencement Certificate.

 

b) The parking area shall have independent access from the major road adjacent to the plot and with proper entry and exits.

 

c) The parking area to be made available at the individual site shall be at a minimum of 100 sq. mt. at one place either on the Ground floor/Stilt floor or the first floor.

 

d) The maximum parking area that can be provided shall be decided by the Authority, as the case may be, on considering the location of such site and the parking requirement.

 

e) A board showing the location of such public parking spaces should he displayed at suitable places by the Planning Authority.

 

f) The area covered under such parking shall not be counted towards FSI consumption.

 

g) Concerned land owner/developer/society / public company shall not be allowed to operate the public parking.

 

h) The proposed development shall be further subject to such conditions as may be decided by the Authority.
 

14.2.1.7

 

In case of development or redevelopment, proposed by the Authority/individual applicant/any other Planning Authority, from the edge of the Metro Rail, within 20 mt. distance on its either side, the concerned Planning Authority before granting such permission for development/redevelopment shall seek prior NOC from the concerned Metro Railway Authority as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

 

14.2.1.8

 

For the matters not provided in this regulation, the relevant provisions of Principal DCPR shall apply. However, in case of any conflict between this Regulation and any other Regulation/s of the Principal DCPR, this Regulation shall prevail for the TOD zone.

 

14.2.1.9

 

No Compound wall/fencing shall be permissible on the plot's boundary facing the road, and 50% of the front marginal distance (subject to a minimum of 3.0 mt.) shall be kept accessible to pedestrians to be used as footpaths. However, it shall be permissible for the applicant to construct / erect fencing on the receded boundary after leaving the space for pedestrians as specified above.

 

14.2.1.10

 

Large wholesale stores having built-up areas of more than 500 sq.mt., car dealer showrooms, warehouses/storages, auto service centres, Garages etc. shall not be permissible in the TOD zone.

 

14.2.1.11

 

The provision of Inclusive housing shall not be applicable in the TOD zone.

 

14.2.1.12

 

For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in the TOD zone, seeking permission for development/redevelopment, these regulations shall apply.

 

14.2.1.13

 

In the case of an independent unit or bungalow for self-use, such Development or redevelopment may be allowed within base FSI subject to the Principal DCPR.

 

Notwithstanding anything contained in this regulation, if any development on a plot in the TOD zone is proposed within base permissible FSI (without TDR or Premium FSI) as per provisions of Principal DCPR, all other provisions of Principal DCPR shall be applicable.

 

14.2.1.14

 

The layout of building/group housing layout or standalone building on a plot/plots situated in TOD zone/Circle, over which any development permission is granted or any development proposal for which any action is taken and for which occupancy certificate is not granted, may be revised and balanced potential, as per this regulation, if any, may be allowed subject to structural stability criteria and provisions in Regulation 1.5 of Principle DCPRand subject to following -

 

a) Parking - For the ongoing buildings, the requirement of parking as per this regulation shall be applicable for the balance building potential.

 

b) Tenement size - For the ongoing buildings, the requirement of tenement size as per this regulation shall be applicable for the balance building potential.

 

14.2.1.15

 

The Amount received as scrutiny fee, hardship premium, and premium for additional FSI etc. in the TOD zone/circle shall be kept in separate head at Authority level and shall be utilizedfor development of metro project as per directives issued by Government from time to time.

 

14.2.1.16

 

These TOD provisions will also be made applicable to other MRTS projects such as BRTS. The scale of FSI availability will be notified later by the Government for such other projects. 

 

14.2.2 Pune Metropolitan Region Development Authority area

 

For this area, the regulations specified in Regulation No.14.2.1 are applicable mutatis – mutandis.

 

14.2.3 For Nagpur Municipal Corporation and Nagpur Metropolitan Region Development Authority

 

The following Regulations are applicable for the Development/Redevelopment of buildings falling within the Nagpur Metro Rail Corridor (NMRC)

 

i) Definitions


a) Nagpur Metro Rail Corridor (NMRC) - It is an area falling within 500 m. distance on

either side of the Nagpur Metro Rail measured from its Centre line and also includes the area falling within 500 m. distance from the longitudinal end of the last Metro Railway Station. This regulation is also applicable to all the Planning Authorities from where the Metro Rail is passing through.

 

b) Base permissible FSI— It is the FSI that is otherwise permissible on any land with respect to the zone shown as per the sanctioned development plan and the relevant provision of the Principal DCR, excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

 

c) Gross plot area - Gross Plot Area means total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

 

ii) Maximum Permissible FSI

 

The maximum permissible total FSI in NMRC shall be 4.00 including the basic permissible FSI, subject to the condition that, the additional FSI over and above the basic permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table No.14-O below :-

 

Table No.14-O

Sr. No.Minimum Road WidthPlot AreaMaximum Permissible FSI
19.00 mBelow 1000 sq.m2.00
29.00 m1000 sq.m. or above3.00
312.00 m.2000 sq.m. or above3.50
415.00 m.2000 sq.m. or above4.00

 

Explanation:-

 

1) The maximum permissible FSI as per the above Table shall be determined by satisfaction of both the criterias viz. Minimum Road width as well as plot area, simultaneously. However in case, both these criteria are not satisfied simultaneously, the maximum permissible FSI shall be the minimum of that permissible against each of these two criteria, as illustrated below.

 

2) The land owner/Developer shall not have the option to use TDR in NMRC.

 

Illustrations:- 

 

Table No.14-P

Plot AreaRoad width
Less than 9.0 m.9.0 m. & above12.0 m. & above15.0 m. & above
below 1000 sq.m.As mentioned in Chapter 62.02.02.0
1000 sq.m up to 2000 sq.m. As mentioned in Chapter 63.03.53.5
Above 2000 sq.m.As mentioned in Chapter 63.03.54.0

 

a) Premium to be Paid

 

Additional FSI over and above basic permissible FSI of respective land use zones as mentioned in Chapter 6 may be permitted on the payment of premium as may be decided by the Govt. from time to time.

 

i) The additional FSI as prescribed in the Table under provision (ii) above, in case of development/redevelopment proposed in the NMRC with minimum tenement density per hectare of the gross plot area as given below.

 

Minimum Numbers of Tenements = Gross Plot Area x Maximum Proposed FSI for Residential use x 200 Tenement per Hector.

 

ii) However, subject to the provisions of regulation 14.2.3(iii) herein below, if the tenement density proposed is less than that stipulated under provision (ii)(a)(i), the premium to be paid in that event shall be the additional premium as may be decided by the Govt. from time to time and such premium shall be chargeable on the total additional FSI to be availed beyond the basic permissible FSI.

 

iii) For construction of buildings mentioned in Chapter 7, the rates of premium shall be as mentioned in the said Chapter.

 

b) Impact Assessment and Integrated Mobility Plan

 

Such additional FSI over and above the base permissible FSI, shall be granted by the Commissioner, Nagpur Municipal Corporation / Chairman, Nagpur Improvement Trust, and any Planning Authorities from where the Metro Rail is passing through after taking into account the Impact Assessment of the implementation of these regulations regarding the impact on the city and sector level infrastructure and amenities as well as traffic and environment on such NMRC.

 

Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time-bound manner. It shall also contain an Integrated Mobility Plan envisaging therein inter-linkages between different modes of mass transport, parking management, traffic management, and pedestrianization.

 

c) The maximum permissible FSI as given in Table under Regulation No. (ii) above shall be calculated on the gross plot area.

 

d) In case of plot/plots falling partly within the NMRC, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within NMRC plus plot falling outside NMRC) shall be as prescribed in the table in Regulation No. (ii) above :-

 

(i) Where 50% or more area of such plot/plots falls within NMRC, these regulations including FSI shall apply to the total area of such plot/plots.

 

(ii) Where less than 50% area of such plot/plots falls within NMRC, these regulations including FSI shall be applicable to the part of plot/plots falling within NMRC, whereas for the part of plot / plots falling outside NMRC, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside NMRC shall be as mentioned in Chapter 6.

 

Moreover, the owner shall have the option of either opting for UDCPR provisions in toto or opting for TOD regulations in toto. In case, the owner opts for development as per UDCPR provisions, then he may be allowed to utilize FSI as per TOD regulations over and above the maximum potential mentioned in Table 6-A or 6-G.

 

e) Notwithstanding anything contained in any other provisions of these regulations, TDR shall not be allowed to be received on the plots within NMRC, irrespective of its location in congested area/non-congested area as per the Sanction Development Plan of Nagpur.

 

iii) Permissible mixed use in NMRC :

 

Mixed use in the form of residential and commercial, fully commercial use may be permissible on the residential plot in NMRC fronting on the road width of 12.0 m. and above. Mix use on plot/plots in commercial zones of sanction Development Plan falling under NMRC shall be permissible as per these Development Control and Promotion Regulations and the FSI permissible as per his Regulation over and above as mentioned in Chapter 6 shall be allowed on the payment of premium, as per subject to Maximum building potential as mentioned in Regulation No.(ii) above.

 

iv) Other provisions regarding marginal open spaces shall be governed by the proposed height of the structure, as given in the provisions (v) below, and should conform to the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (Maharashtra Act No.III of 2007), as amended from time to time. No building permission shall be issued without the NOC of the Fire Officer. Other regulations regarding room sizes, apertures for light, and ventilation shall be as per these Development Control and Promotion Regulations in force.

 

v) Marginal Spaces :

 

Table No.14-Q

Sr. NoBuilding HeightSide and Rear MarginsRemark
a15.0 m. and belowH/2-4Minimum 3.0 m. for Residential minimum of 4.5 m. for Commercial and Minimum 6.0 m. for Special Buildings.
bAbove 15.0 m. and up to 24.0 m.H/5Minimum 4.5 m. for Residential and Commercial Building and 6.0 m. for Special Building.
cAbove 24.0 m.Minimum 6.0 m.

 

Note - 1. Maximum Side/Rear/Front Margin shall be 12.0 m however, if the Developer/Owners provide more than 12.0 m. side and rear margins it may be allowed.

 

Note - 2. The Municipal Commissioner may relax the side and rear marginal distances as per Regulation No.2.4 of UDCPR, subject to the following provisions.

 

A) If clear minimum marginal distance is proposed from one side as per these Regulation then other side marginal distance may be relaxed up to 50%.

 

B) Front margin relaxation to allow additional FSI may be granted subject to the condition that the Minimum road width shall be 12.0 m. and above.

 

Note - 3. In case semi-detached construction as per these regulations, common wall constructed is allowed and marginal distance shall be provided for other side as per these regulations.

 

(v)(a) No projections shall be allowed in one side marginal spaces as mentioned in Note No.2(A) above so that this marginal spaces remain free from all encumbrances for the movement of fire tenders. However open balconies may be allowed in the marginal spaces where concession as mentioned in Note No.2(A) above is allowed, after leaving minimum 3.0 m. distance from the plot boundaries, subject to Fire NOC.

 

In case if the ramp is necessary for accessibility, such a ramp may be allowed after living 6.0 m. clear margin. However, such a Ramp may be allowed in the side margin where relaxation is to be granted as per the provision mentioned in Note No.2(A) above subject to NOC of the Fire Department.

 

(v)b) For calculation of marginal distances, the height of the parking floors (Maximum two floors above the Ground Level) shall not be taken into account, However, the height of such parking floors will be counted towards the total height of the building for deciding the building as high rise building and for civil Aviation purpose.

 

(v)(c) Car lift/mechanical parking shall be permissible, as per these regulations as amended from time to time.

 

vi) Parking :

 

Parking in the NMRC shall be provided as per the table given below :-

 

Table No. 14 - R

Sr. No.OccupancyOne parking space for everyTransit Oriented
CarScooter/MotorcycleCycle
1Residential(a) Tenements having carpet area -   
From 25 and up to 40 sq.m.012
For 2 units above 40 and up to 60 sq.m.112
For every unit above 60 and up to 80 sq.m.112
For every unit above 80 sq.m.121
2Govt. & Semi Govt. Private business buildings100 sq.m. carpet area or fraction thereof122

 

Note :-


1) Parking spaces for differently-abled persons shall be provided as stipulated in these

regulations in each new construction/development /re-development in the NMRC.

 

2) On street parking shall not be permissible, unless specifically allowed in the impact assessment and mobility report.

 

(vi)(a) Incentive for providing Public Parking in the area falling within a radius of 200 m. from the Metro Station.

 

If the owner/developer of the plot falling within the radius of 200 m. from the Metro Station, is willing to provide Public Parking space over and above the parking spaces required as per the table given in Regulation No. (vi) above of this regulation, the same shall be allowed and in that case, the premium to be paid by such developer/owner as per Regulation No.14.2.3(ii)

 

(a) shall be reduced by the amount equal to the premium worked out for 25% of the area earmarked for such additional Public Parking space, subject to the following conditions:-

 

i) Such parking area shall be in the built-up form and shall be handed over to the Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with the owner/developer for such parking space at the time of granting a Commencement Certificate to the project. Such a Public Parking area shall be clearly shown on the proposed building plan/layout and a condition to the above effect shall be incorporated in the Commencement Certificate.

 

ii) The parking area shall have independent access from the major road adjacent to the plot and with proper entry and exits.

 

iii) The parking area to be made available at the individual sites shall be at a minimum of 100 sq.m. at one place either on the Ground floor/Stilt floor or first floor.

 

iv) The maximum parking area that can be provided shall be decided by the Commissioner, Nagpur Municipal Corporation/the Chairman, Nagpur Improvement Trust, as the case may be, on considering the location of such site and the parking requirement.

 

v) A board showing the location of such public parking space should be displayed at suitable places by the Planning Authority.

 

vi) Area covered under such parking shall not be counted towards FSI consumption.

 

vii)  Concerned land owner/developer/society/public company shall not be allowed to operate the public parking.

 

viii)  The proposed development shall be further subject to such conditions as may be decided by the Municipal Commissioner/Chairman, NIT, as the case may be.

 

vii) In case of development or redevelopment, proposed by the Authority / individual applicant/any other Planning Authority, from the edge of the Metro Rail, within 10.0 m. distance from the Metro Rail, on its either side, the concerned Planning Authority i.e. Nagpur Improvement Trust / Nagpur Municipal Corporation before granting such permission for development/redevelopment shall seek prior NOC from the Nagpur Metro Railway Corporation Ltd as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

 

viii) The provisions of these UDCPR shall be applicable except, express provisions of these TOD regulations. However in case of any conflict between TOD Regulations and any other Regulation/s of UDCPR, TOD Regulations shall prevail for the NMRC.

 

ix) No Compound wall/fencing shall be permissible on the boundary of plot facing the road and 50% front marginal distance (subject to minimum and maximum of 3.0 m.) shall be kept accessible and to be used as foot paths for pedestrians. However, it shall be permissible for the applicant to construct/erect fencing, on the boundary, after leaving the space for pedestrians as specified above.

 

However for the plots situated on 9.0 m., 12.0 m. & 15.0 m., wide Roads having 100% residential use therefore, the above rule shall not be made applicable.

 

a) Large wholesale stores, auto dealer showrooms, warehouses/storages, auto service centres, Garages etc. shall not be permissible in NMRC.

 

b) Provision of Inclusive housing shall not be applicable in NMRC.

 

c) For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in NMRC, seeking provisions for Development/redevelopment, these regulations shall apply.

 

d) The width of the passage shall be a minimum of 1.2 m. for residential use & 2.0 m. for

commercial use.

 

e) The above regulation shall be applicable to all the buildings (i.e. newly proposed buildings as well as old buildings for utilization of FSI) in TOD.

 

f) In case of a redevelopment scheme, the size of the tenement can be relaxed for the Rehab Component subject to other provisions of the UDCPR. However, the TOD Regulation shall be made applicable for the free sale component.

 

g) In case of an independent unit/Bungalow for self-use, such Development/Redevelopment may be allowed within base FSI subject to UDCPR.

 

h) The layout of the building/group housing layout or standalone building on a plot/plots situated in NMRC over which construction is started and for which occupancy certificate is not granted may be revised and balance potential if any may be allowed as per the above provisions subject to following :-

 

Marginal Distance – The existing marginal distances including the front margin may be allowed for higher floor/floors and necessary relaxation to that extent may be granted by the Municipal Commissioner subject to compliance with all fire requirements and fire NOCs by charging hardship premium. The hardship premium is to be decided by the Municipal Commissioner. In any case sanctioned existing marginal/front margin distance shall not be reduced.

 

14.2.4 For other Municipal Corporations and other Metropolitan Region Development Authority (1) and CIDCO area

 

For these areas, the regulations specified in Regulation No.14.2.1 shall be applicable.

 

14.2.5 Regulations for BRT Corridor in Pimpri-Chinchwad Municipal Corporation.

 

The Regulations for development along the BRT corridor in the Pimpri-Chinchwad Municipal Corporation area sanctioned vide Government Notification No.TPS-1812/737/12/CR-506/ 13/Reconstruction No.110/UD-13, dated 03/03/2010 and amended from time to time, shall be applicable with the following modifications.

 

FSI receiving or development potential of the plot shall be as below

 

Sr. NoRoad width in metersBasic FSIFSI on payment of premiumMaximum permissible TDRMaximum building potential on plot including in-situ FSI
123456
1Below 9 m.1.00----1.00
29 m. and above but below 12 m.1.000.500.752.25
312 m. and above but below 15 m.1.000.501.002.50
415 m. and above but below 24 m.1.000.501.252.75
524 and above but below 30 m1.000.501.503.00
630 and above1.000.501.753.25

 

Related Regulations

 

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

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

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

 

Blog 1
Conservation of Heritage Buildings, Precints, Natural Features 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. 14.5 Conservation of Heritage Buildings, Precints, Natural Features

 

14.5.1 Applicability

 

This regulation will apply to heritage sites which means, artefacts, structures, areas and precincts of historic and/or architectural and/or cultural significance (hereinafter as ‘Listed Buildings/Heritage Buildings and Listed Precincts / Heritage Precincts’’) and those natural features of environmental significance including scared graves, hills, hillocks, water bodies (and the areas adjoining the same) etc. within the areas of Planning Authorities and Regional Plan.

 

14.5.2 Preparation of List of Heritage Buildings, Heritage Precincts and Natural Features

 

The Authority on the advice of the Heritage Committee shall prepare a heritage list and shall issue a public notice in the local newspapers declaring its intention to include the buildings or modify such list of buildings, structures artefacts, areas and precincts of historic and /or cultural significance and the list of natural features of environmental significance, including sacred groves, hills, hillocks, water bodies etc. and invite objections and suggestions from any person in respect of the proposed inclusion within a period of 30 days from the date of such notice.

 

While preparing the list, the authority shall strictly ensure that such structure/precinct has heritage value and is liable for inclusion in the list in view of its national, regional, or local importance as specified in Regulation No.14.5.8. The structure/precinct which does not comply the requirements specified in the said regulation shall not be included in the list. Generally, the following aspects shall be ascertained while preparing the list.

 

a) Its value for architectural, historical or cultural reasons.


b) The date and/or period and/or design and/or unique use of the building or artefact. 

 

c) Relevance to social or economic history.

 

d) Association with well-known persons or events.

 

e) A building or groups of buildings and/or areas of a distinct architectural design and/or style, historic period or way of life having sociological interest and/or community value.

 

f) The unique value of a building or architectural features or artefact and/or being part of a chain of architectural development that would be broken if it were lost.

 

g) Its value as a part of a group of buildings. 

 

h) Representing forms of technological development.

 

i) Vistas of natural/scenic beauty or interest, including waterfront areas, distinctive and/or planned lines of sight, street lines, skyline or topographical features.

 

j) Open spaces are sometimes integrally planned with their associated areas having a distinctive way of life and for which they have the potential to be areas of recreation.

 

k) Industrial sites of historical interest. 

 

l) Archaeological sites.

 

m) Natural heritage sites. 

 

n) Sites of scenic beauty.

 

All such heritage structures shall be documented in the Heritage List Card as given in Appendix-L and the Heritage List Card shall be duly authenticated by the authorised heritage conservationist upon his site visit, stating the significance of the heritage site for its appropriate grading.

 

The Authority shall issue notice to the owner of the buildings, artifacts, areas and precincts of historic and/or cultural significance etc. and invite objections and suggestions from such person in respect of proposed inclusion within 30 days from the date of such notice.

 

The Authority, in respect of any objections or suggestions, shall decide the same after giving a hearing to such persons and send the list as finalised by him to the State Government for approval. The State Government may sanction the said heritage list with modification, if required. This list will be called the Final Heritage List. For this, modification under section 37 or 20 of the Maharashtra Regional and Town Planning Act, 1966, need not be necessary.

 

Thereafter, the Authority may amend the Final Heritage List from time to time as and when required, on the advice of the Heritage Committee. In such case, it shall not be necessary to follow the procedure under Section 37 or Section 20 of the Maharashtra Regional and Town Planning Act of 1966, but the procedure as laid down above in this regulation shall be followed.

 

The heritage lists which have been approved by the Government before coming into force these regulations, shall remain valid and shall be the part of these regulations.

 

14.5.3  Restriction on development, Redevelopment/repairs etc.

 

No development or redevelopment or engineering operations or addition, repairs, renovation including the painting of buildings, replacement of special features or plastering or demolition of any part thereof of the said listed buildings, or listed precincts or listed natural features shall be allowed except with the prior written permission of the Authority. Before granting any such permission, the Authority shall consult the Heritage Conservation Committee to be appointed by the State Government (hereinafter referred to as ‘the said Heritage Conservation Committee’) and shall act on the advice of the Heritage Conservation Committee.

 

Provided that before granting any permission for demolition or major alterations/additions to listed buildings (or buildings within listed precincts) objections and suggestions from the public shall be invited and duly considered by the Heritage Conservation Committee.
Provided that, in exceptional cases for reasons to be recorded in writing the Authority may overrule the advice of the Heritage Conservation Committee.

 

Provided further that the power to overrule the advice of the Heritage Conservation Committee shall not be delegated by the Authority to any other officer.

 

If the application for development, alteration, modification of the Heritage precincts or listed building is rejected under this regulation or while granting such permission any conditions are imposed on the owner which deprives him to use the FSI, the said owner shall be compensated by grant of Development Right Certificate.

 

14.5.4 Incentive Uses for Heritage Buildings

 

After the commencement of this Regulation, the Heritage Precincts or the Listed Buildings shall not be permitted to be used for any commercial or office purpose except with the concurrence of the Heritage Conservation Committee. However, in cases of buildings included in the Heritage Conservation List, if the owner/owners agree to maintain the listed Heritage Building in an ideal state of preservation with due repairs/restorations and if the owner/owners give a written undertaking to that effect, may be allowed by the Authority in consultation with Heritage Conservation Committee to convert part or the whole of the building to commercial/office use/any other different use that is beneficial to the preservation of the same Provided that, if the heritage building is not maintained suitably or if the heritage value of the building is allowed to be spoiled in any manner, the Authority shall withdraw the permission forthwith.

 

14.5.5 Grant of Transferable Development Rights to Owners / Lessees of Heritage Buildings / Heritage Precincts

 

If the owner is deprived of using permissible FSI on the said plot or development permission is granted to him with conditions which deprive him of use of permissible FSI, then he shall be entitled for TDR as decided by the Authority in consultation with Heritage Conservation Committee. The utilization of this TDR shall be as per TDR Regulation.

 

14.5.6 Maintaining Skyline

 

The building included in the heritage precinct shall maintain the skyline, roof profile, built form edges, and respect the architectural style (without any high-rise development) as may be existing in the surrounding area, so as not to diminish or destroy the value and beauty of the said heritage building/heritage precinct. The development within the precinct shall be in accordance with the guidelines framed by the Authority on the advice of the Heritage Conservation Committee.

 

14.5.7 Restrictive Covenants

 

Covenants, terms and conditions, imposed under Regulations existing as of the date of this Regulation, on the leasehold plots either by the State Government or by the Planning Authority, shall continue to be imposed, in addition to the UDCPR. However, in case of any conflict with the heritage preservation interest/environmental conservation and the said Development Control and Promotion Regulations, this heritage regulation shall prevail.

 

14.5.8  Grading of the Listed Buildings/Listed Precincts

 

Grade - IGrade - IIGrade - III
(A) Definitions
Heritage Grade - I comprises Buildings and precincts of National or Historic importance, excellence in architectural style, design technology and material usage and / or aesthetics; associated with a great historic event, personality, movement or institution. They have been and are the prime landmarks of the city and of National importance.Heritage Grade - II (A and B) comprises buildings and precincts of Regional importance, possessing special architectural or aesthetic merit, or cultural or historical significance though of a lower scale than Heritage Grade - I. They are local landmarks, which contribute to the image and identity of the region. They may be the work of master craftsmen or may be models of proportion and ornamentation or designed to suit a particular climate.Heritage Grade - III comprises buildings and precincts of local importance for townscape, they evoke architectural, aesthetic, or sociological interest though not as in Heritage Grade - II. These contribute to determining the character of the locality and can be representative of the lifestyle of a particular community or region and, may also be distinguished by setting on a street line or special character of the façade and uniformity of height width and scale.
(B) Objective
Heritage Grade - I richly deserve careful preservation.Heritage Grade - II deserves intelligent conservation.Heritage Grade - III deserves intelligent conservation (though on a lesser scale than Grade - II and special protection to unique features and attributes.)
(C) Scope for Change
No interventions be permitted either on exterior or interior unless it is necessary in the interest of strengthening and prolonging the life of the buildings or precincts or any part of features thereof. For this purpose absolutely essential and minimum changes would be allowed and they must be in accordance with the original. Repairs shall be with the use of like to like material.

Grade - II (A)


Internal changes and adaptive reuse and external changes may by and large be allowed but subject to strict scrutiny. Care would be taken to ensure the conservation of all special aspects for which it is included in Heritage Grade - II 

 

Grade - II (B)


In addition to the above, extension of an Additional building in the same plot or compound, in certain circumstances be allowed, provided that, the extension / additional building is in harmony with (and does not detract from) the existing heritage buildings or precincts, especially in terms of height, and facade.

External, and internal changes and adaptive reuse would by and large be allowed. Changes can include extensions, and additional buildings in the same plot or compound. However any changes should be such that they do not detract from the existing heritage building/precinct.
(D) Procedure
Development permission for the changes would be given by the Authority on the advice of the Heritage Conservation Committee.Development permission for the changes/additional construction would be given by the Authority on the advice of the Heritage Conservation Committee.Development permission for the changes/additional construction would be given by the Authority on the advice of the Heritage Conservation Committee.
(E) Vistas/Surrounding Development
All developments in areas surrounding Heritage Grade - I shall be regulated and controlled by ensuring that it does not mark the grandeur of or view from Heritage Grade - I  

 

14.5.9 Signs and Outdoor Display Structures

 

No display or advertising signs and outdoor display structures on the listed buildings and/or the Heritage Precincts shall be permitted except in accordance with part X (sign and outdoor display structure) National Building Code of India.

 

Prohibition of advertising signs and outdoor display structures in certain cases :

Notwithstanding the provisions mentioned above no advertising sign or outdoor display structures shall be permitted on buildings of architectural, aesthetic, historic or heritage importance as may be decided by the Authority, Committee or also on Government buildings, save that in the case of Government buildings only such advertising signs or outdoor display structures may be permitted that relate to the activities of the said buildings and related programs.

 

Provided that, if the Heritage Conservation Committee so advises, the Authority shall refuse permission for any sign or outdoor display structure.

 

14.5.10 Composition of Heritage Conservation Committee

 

There shall be a Heritage Conservation Committee for the areas within the jurisdiction of the Planning Authority and Regional Plan area. This Committee shall be constituted by the Government in consultation with the Authority. The committee shall comprise of the following members:-

 

i)Chairman Appointed by the GovernmentChairman
ii)

Joint Director of Town Planning of the Concerned Division
(For the areas excluding Municipal Council and Regional Plan area)

(Assistant Director of Town Planning of the District for Municipal Councils)

Member
iii)Divisional/District Officer of Archaeological Survey of IndiaMember
iv)Divisional/District Officer of Archaeological Survey of MaharashtraMember
v)Convenor, INTACH Local ChapterMember
vi)Heritage Conservation Architect having more than 10 years of experience and membership of the Council of ArchitectureMember
vii)Historians having experience of more than 10 years in the field of History.Member
viii)Structural Engineer having experience of more than 10 years and a member of the Institute of Engineers.Member
ix)City Engineer (Planning Authority)/Chief Planner (Metropolitan Authority or SPA or NTDA)/Chief Officer (Municipal Council)/Assistant Director of Town Planning of the District (Regional Plan area)Member Secretary

 

The tenure of the Chairman and Members of categories (vi) to (viii) above shall change after every three years provided however that, the same person shall be eligible for re-appointment as Member.

 

The Heritage Conservation Committee shall come into existence with effect from the date of its publication in the official Gazette. However, Heritage Committees constituted by the Government before coming into force of these regulation, shall remain in operation till further period as may be specified.

 

No act of the Committee done in good faith, shall be deemed to be invalid by reason only of some defect subsequently discovered in the organization of the Committee or in the Constitution of the Committee or in the appointment of the Member or on the ground that such member was disqualified for being appointed.

 

The Chairman and in his absence, the chosen Member of the Committee shall preside over the meeting of the Committee.

 

14.5.11 The Terms of reference of the Committee :-

 

i) To advise whether development permission should be granted under this Regulation and the conditions of such permission.

 

ii) To prepare a list or supplementary list of buildings, artefacts, structures, areas/ precincts of historic, aesthetic, architectural, and cultural significance and a supplementary list of natural features of environmental significance including sacred groves, hills, hillocks etc., water bodies (and the areas adjoining the same) to which this regulation would apply.

 

iii) To advise whether any relaxation, modification, alteration, or variance of any of the Development Control and Promotion Regulations is called for.

 

iv) To suggest amendments, changes or special regulations or modifications to regulations for listed buildings and the heritage precincts regulated under these regulations

 

v) To advise on the extent of Development Rights to be granted to the owners of listed Buildings or Heritage Precincts.

 

vi) To advise whether development Rights Certificates may be allowed to be consumed in a heritage precinct.

 

vii) To advise whether to allow commercial/office users of any listed building of Heritage Precincts and when to terminate the same.

 

viii) To advise on the erection of outside advertisements/billboards.

 

ix) To recommend guidelines to be adopted by those private parties or any other agency, that sponsors beautification schemes at public intersections and elsewhere.

 

x)  To advise on the cost of repairs to be given to the owners to bring the existing building back to its original condition. For this purpose, the Committee may suggest ways to raise funds through private sources.

 

xi) To advise on special designs and elements and guidelines for listed buildings and control of height and essential façade characteristics such as maintenance of the buildings and to suggest suitable design adopting new materials for replacements, keeping the old form intact to the extent possible.

 

xii) To advise on preparation of guideline relating to design elements and conservation principles to be adhered to and to advise on other guideline for the purpose of this regulation.

 

xiii) To consider any other issue as may be required from time to time during course of scrutiny of development permissions and in overall interest of heritage / environmental conservation.

 

In the absence of a Heritage Conservation Committee, the Authority shall consult the Government before giving such permission.

 

14.5.12 Heritage Conservation Fund

 

i) Heritage buildings included in the said list shall be maintained by the owners of the said buildings themselves, with a view to giving monetary help for such maintenance/repairs a separate fund may be created which would be kept at the disposal of the Authority, who will utilise these funds on the advice of the Heritage Conservation Committee. The Authority may, in such cases disburse an appropriate amount to the owner or may get maintenance/ repair work done through the Planning Authority/Collector.

 

ii)  2% of total development charges collected shall be transferred to the Heritage Conservation Fund.

 

iii) The fund may also be used to support the cost of listing of heritage sites and cost towards expert guidance and fees for architects, engineers and other experts.

 

iv) The Authority shall have the right to remove any unauthorized construction in the property enlisted as a heritage property and recover the expenses of such removal/ demolition work from the owner as per provisions of the Act.

 

v)  The Authority shall have the right to enter into any such heritage property to repair such property to avoid any damage or injury, and the amount shall be spent from the Heritage Conservation Fund and shall be recovered from the owner as arrears of taxes due to the Authority.

 

vi)  If a Heritage structure listed in Grade - I needs conservation, preservation and immediate repairs and if the structure is affected due to vandalism by the occupier/owner, then the Authority shall have the right to acquire such heritage property and conserve its heritage value.

 

Related Regulations

 

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

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Blog 1
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

 

Blog 1
Pradhan Mantri Awas Yojana in UDCPR 2020

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

 

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

 

Rule No. 14.4 Pradhan Mantri Awas Yojana

 

14.4.1 For Development Plan area

 

i) For developable zone

 

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

 

Conditions :-

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

Housing.

 

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

 

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

 

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

 

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

 

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

 

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

 

14.4.2 For Regional Plan Area

 

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

in following areas of the Regional Plan, inrespective zones.

 

i) In the Mumbai Metropolitan Regional Plan area

 

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

 

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

 

ii) In other Regional Plan Area

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

 

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

 

Related Regulations

 

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

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Blog 1
Integrated Information Technology Township (IITP) in UDCPR 2020

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

 

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

 

Rule No. 14.10 Integrated Information Technology Township (IITP)

 

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

 

14.10.1 Area Requirement

 

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

 

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

 

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

 

14.10.2 Planning Considerations

 

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


1. Information Technology (Industrial)


2. Residential

 

3. Commercial


4. Educational


5. Amenity Spaces


6. Health Facilities


7. Parks, Gardens & Playgrounds 8. Public Utilities


9. Transport and Communication

 

14.10.3 General Norms for Different Land Use

 

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

 

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

 

14.10.4 FSI In integrated I.T. Township

 

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

 

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

 

14.10.5 

 

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

 

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

 

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

 

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

 

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

 

14.10.6 Infrastructure Facilities

 

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

 

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

 

14.10.7 Water Supply

 

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

 

14.10.8 Drainage and Garbage Disposal

 

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

 

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

 

14.10.9 Power

 

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

 

14.10.10 Environment

 

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

 

14.10.11 Special Concession

 

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

 

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

 

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

 

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

 

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

 

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

 

14.10.12 Sale Permission

 

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

 

14.10.13 Implementation and Completion

 

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

 

14.10.14 Interpretation

 

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

 

Related Regulations

 

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

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Blog 1
Affordable Housing 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. 14.3 Affordable Housing Scheme

 

i) The Authority may permit the implementation of the Affordable Housing Scheme in accordance with the provisions of these Regulations. Affordable Housing Scheme (hereinafter referred to as ‘the Scheme’) shall be permissible only on the lands situated within the limits of the Municipal Corporation.

 

a) Affordable Housing Scheme shall be permissible in Residential Zone only and on plots having access from an existing or proposed Development Plan Road having a width equal to or in excess of 18.0 m. or an existing road in respect of which Regular Line of Street has been declared under the relevant provisions of Maharashtra Municipal Corporation Act, for a width of 18.0 m.or more. However, in the case of a proposed road, the land under the said proposed road shall be acquired before the approval of building plans for the Affordable Housing Scheme.

 

b) The minimum plot area for the Affordable Housing Scheme shall be 4000 sq. m., excluding areas under D.P. Roads and D.P. Reservations, if any.

 

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

 

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

 

e) Maximum permissible FSI (including the basic FSI of 1.00) under the Scheme shall be 3.00 on the gross plot area, including mandatory layout recreational open space and Amenity Space. The FSI to be utilized shall be in the proportion of 1:3 for the Affordable Housing Component and the Free Sale Housing Component on 1⁄4th and 3⁄4th part of the land respectively. Thus, affordable housing and free sale housing shall be proposed on the same plot of land but in two separate, independently buildable pockets.

 

f) Under the Affordable Housing Scheme, up to 15%of the total built-up area of the Affordable Housing Component may be used for construction of shops / commercial use as per the direction of Urban Local Body and such commercial built-up area shall be handed over to the concerned ULB free of cost.

 

g) An Affordable Housing Unit shall be a self-contained dwelling unit of 27.88 sq.m. carpet area. However, the carpet area of a Housing Unit shall be 160 sq.ft./25 sq. mt. where the construction under the Rental Housing Scheme/Affordable Housing Scheme, as the case may be, has already commenced.

 

h) The amenity space for Affordable Housing shall be as per these regulations and it shall be proportionately provided in the area earmarked for the Affordable Housing Component and the area kept for the Free Sale Housing component.

 

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

 

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

 

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

 

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

 

No compensation in the form of TDR shall be admissible to the Owner/Developer for the development of such prescribed amenities under this Regulation.

 

b) Irrespective of whether the Owner / Developer develops the prescribed amenity users as per the provisions of Clause (ii) above or fails to do so, the process of handing over the land under such amenity space, along with the developed prescribed amenities, where such prescribed amenities have been developed, shall be completed within one month from the date of application by the Developer / Owner for seeking Occupancy Certificate for the free sale housing component of the Scheme and if such handing over process is not completed within the said period, the occupancy certificate for the free sale housing component of the Scheme shall be withheld by the Authority till such amenity space, along with developed prescribed amenities, where such prescribed amenities have been developed, is handed over to the Authority.

 

c) Under the Affordable Housing Scheme, there shall be a welfare hall and a Balwadi at the rate of 30.0 sq.m. for every multiple or part of 200 residential units and an office for the Co-operative Housing Society at the rate of 30.0 sq.m. per every multiple or part of 500 residential units which shall be treated as a part of Affordable Housing Component and shall not be counted towards the FSI while computing 3.00 FSI on the site and shall be given along with layout / D.P. roads and shops, free of cost to the concerned ULB. These facilities shall be constructed at locations as suggested by the concerned ULB and shall be transferred free of cost to it.

 

iii) Under the Affordable Housing Scheme, off-site infrastructure charges at the rate of 5% of the land rate as given in the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration, Maharashtra State, for the year in which Commencement Certificate is issued (without applying guidelines of ASR), subject to a minimum of Rs.2000/- per Sq.m., shall be paid by the Developer for the built-up area, over and above the normal permissible FSI. This amount shall be paid to the concerned ULB.

 

iv) Release of FSI under the Scheme shall be as follows :-

 

FSO for Affordable Housing Component and the Free Sale Housing Component under the Scheme shall be released in accordance with the following Table No. 14-S

 

Table No.14-S

Sr. NoStages of Release of FSIAffordable Housing ComponentFree Sale Component
1On Grant of Building Permission/Commencement Certificate up to plinth by Commissioner to the Affordable Housing Project3.001.00
2On Completion of 50% BUA of Affordable Component--0.75
3On Completion of 100% BUA of Affordable Component--0.75
4On handing over of 25--0.50
 Total3.003.00


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

 

v) The Affordable Housing Component under the Scheme shall be handed over along with the 1⁄4th part of the total plot of land, free of cost to the concerned ULB.

 

vi)(a) The affordable housing stock created under the scheme shall be allotted by the concerned ULB as follows :

 

Table No.14-T

PercentageAllotment to

Category

of stock

Rate of allotment
50Respective ULBs for use as PAP ownership free of cost tenements or staff quarters or transit accommodation.OwnershipFree of cost
25Government of Maharashtra and its statutory bodies/Govt. undertaking for use as PAP tenements or staff quarters or transit accommodation, staff quarters,OwnershipFree of cost
25As affordable housing by MHADA subject to the general or specific direction of the GovernmentOwnershipFree of cost to MHADA which shall dispose of the same as per its policy and drawl of lots 

 

(b)The affordable housing stock shall be disposed of as per the prevailing policy of MHADA regarding pricing and disposal of its housing stock meant for affordable housing. Each project approved under the Scheme shall be brought to the notice of the government of Maharashtra and its statutory bodies/Government undertakings by means of press advertisement and if the Government of Maharashtra or any of its statutory bodies/Government Undertakings doesn’t place firm requirements for the housing stock earmarked for them in the Scheme before the completion certificate/occupation certificate for the said scheme is issued, the same shall come to the share of MHADA for outright sale as per the prevailing policy of the MHADA.

 

vii)(a) The other aspects of the development of the affordable housing scheme, not specifically dealt with hereinabove, shall be as per the relevant provisions of UDCPR.

 

b) It shall also be permissible for the developer/owner to utilize the FSI available for free sale housing component, fully / partly for any other user otherwise permissible as per UDCPR.

 

c) In case, owing to genuine hardship and site conditions, relaxation in marginal open spaces is sought by the developer/owner, the authority may consider such request, using its discretionary powers under the UDCPR, subject to the condition that in no case shall the clear marginal open space be reduced below 6.0 m. No premium shall be charged for granting such relaxation in marginal open spaces with respect to the affordable housing component of the scheme.

 

Related Regulations

 

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

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Blog 1
Integrated Township Project (ITP) 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. 14.1 Integrated Township Project (ITP)

 

14.1.1 For Regional Plan Area

 

14.1.1.1.1  Applicability :-

 

These regulations shall be applicable to the areas under the Regional Plan sanctioned under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the said Act”).

 

Provided that, if the Development Control Regulations regarding the development of an Integrated Township Project for an area over which a Planning Authority/Special Planning Authority/Area Development Authority has been appointed or constituted or deemed to have been appointed are yet to be sanctioned, then in considering the application for permission, these regulations, shall be applicable, mutatis mutandis, till such Authority adopts the Regulations in this regard.

 

If the ITP falls within the jurisdiction of more than one authority then in such cases Government can issue directives at the time of Locational Clearance or at any time regarding as to which authority shall give permission and supervise the project subject to terms and conditions as may be specified.

 

14.1.1.2 Requirements of Site :-

 

The area proposed for Integrated Township shall fulfil the following requirements :-

 

i) Any suitable area with an area of 40 hectares. (100 Acres) or more in one place.

 

ii) The area shall be one, contiguous, unbroken, and uninterrupted. Provided that, such area if divided by one or more water courses (such as nallah, canals, etc.), existing or proposed roads of any width or by railways, pipeline, etc., shall be treated as one, contiguous, unbroken, and uninterrupted, subject to the condition that the Project Proponent/s shall construct necessary connecting roads or bridges as per site requirements at his own cost with due permission from concerned authorities. Integrated Township area may also include;

 

a) Lands in afforestation zone provided that such land is not a forest land and subject to no construction being allowed on land having slope more than 1:5.

 

b) Lands within the buffer zone of the National Park are subject to restrictions on development permissible in such buffer zones and are subject to the NOC of the Forest Department.

 

c) Tribal land is subject to permission granted under the M.L.R. code, and government lands are allotted to project proponents subject to Regulation No.14.1.1.13(ii).

 

d) Private forest land that has been restored back after completion of section 22(a) Enquiry of Maharashtra Private Forest Act, 1975 shall be allowed to be part of the ITP with the condition that development permission shall be granted on such land only after necessary permission under the provision of Forest Conservation Act,1980.

 

e) The buffer zone of the eco-sensitive zone was notified, subject to all restrictions on development, and FSI was permissible in such buffer zone.

 

f) Areas under flood line/flood zone subject to clearance from the Water Resource Department.

 

g) Areas under Hill Top/Hill Slope Zone, and (b), (e), (f) mentioned above as shown on the Regional Plan/Development Plan subject to the condition as mentioned in Regulation No.14.1.1.7(i)(c). However, the total of these areas shall be restricted to a maximum of 40% of the total area under ITP.

 

iii)  If the Integrated Township area is more than 200 ha., it can be segregated as long as each parcel is more than 40 ha. and is located within a radius of 5 km. Provided that the land use mix is maintained in each parcel.

 

iv) The area shall have an access by means of an existing, or proposed road having a minimum width of 18.0 m. In the case of the proposed road, such area shall have access by an existing road having a width of 12.0 m. for the purpose of declaration locational clearance and LoI of such project but it is necessary for the project proponent to have an existing access of 18.0 m. before sanctioning the Commencement Certificate to the FSI beyond 25% of the project. Provided that Government land or land belonging to tribal can be considered for the purpose of road if there is a registered Agreement. However development permission shall be granted only after due permission of appropriate authority is given.

 

v) The ITP Area shall not include the area under:-

 

a) Notified forest, (excluding the private forest land subject to NOCs of the Forest Department)

 

b) Water bodies like rivers, creeks, canals, reservoirs, etc. Mangroves, Tidal Zone, Mud Flats

 

c) The area under Notified National Parks

 

d)  Defence Estates

 

e) Cantonment Boards

 

f) Any restricted area

 

g) Quarry Zone, Notified SEZ, designated port/harbor areas, wildlife corridor and biosphere reserves, Gaothan/Congested Area.

 

h) The historical and archaeological places notified under the relevant act.

 

i)  Any other area that may be declared by the Govt. of Maharashtra from time to time.

 

14.1.1.3 Ownership of Lands :-

 

The project proponent/s shall have the ownership of all the land parcels under the project.

 

(Explanation - for this clause, ownership includes rights accrued vide one or more registered Development Agreement/s or Power of Attorney (PoA) for such development and disposal, on behalf of land owner/owners).

 

Permission and Declaration of Project by State Government :-

 

i) The Project Proponent/s shall apply to the State Government to obtain permission and declaration of such project to be an “Integrated Township Project”. Such application shall be accompanied by the following attested documents in two sets :-

 

a)  Details of ownership of land viz. extracts of V.F.No.7/12 or Property Register Cards, in original having date not more than six months prior to the date of submission. In case of rights accrued through a registered Development Agreement or PoA, attested copies of such documents.

 

b) Self-attested list of S.No./ G.No./CTS showing the name of the owner as per record of rights, total area of such land parcel, area owned by the applicant in such land parcel, the name of person/company owning the Development Rights, area proposed to be included in project from such land parcel.

 

c) Part plan of sanctioned Regional Plan, showing all the lands falling in the project.


d) No Objection Certificate from the officer at Divisional level, Water Resources Department in respect of lands falling in “Command Area” of any Irrigation Project unless these powers are exercisable by the higher authority.


e) Village maps showing the lands falling in the project.


f) Certificate from concerned Forest Officer not below the rank of Dy. Conservator of Forests at Divisional level (unless these powers are exercisable by higher authority), showing that the lands under project do not form part of and not included in reserved forest or protected forest or non-classified forest or not acquired under the provisions of the Maharashtra Private Forest (Acquisition) Act, 1975 and also, confirming that such lands do not form part of the Notified National Parks, prohibited area of Notified Wildlife Sanctuaries and Notified Bird Sanctuaries.


g) Certificate from the concerned revenue officer not below the rank of Tahasildar, showing the lands under the project do not include lands belonging to tribal or that tribal land included in ITP has necessary permission under M.L.R. code.


h) Certificate from the Director of Archaeological Department, Maharashtra State, showing that the lands under project do not include monuments notified by the Archaeological Department, Heritage buildings and Precincts. Such certificate should also mention the distance to be kept around such places, if any.


i) Receipt of processing fee (non-refundable) paid, at the concerned branch office of the Town Planning Department, at the rate of Rs.5000/- per ha. for the current year with the yearly rise of Rs.500/- per ha. starting from the month of January every year.

 

ii) On receipt of an application under Clause (i) above, the Government may, after consulting the Director of Town Planning, Maharashtra State, by notification in the Official Gazette, grant the Locational Clearance and declare such project to be an “Integrated Township Project”, subject to such general and/or special conditions or, reject the application, under the provisions of Section 18(3) of the said Act, within a period of 90 days from the date of receipt of application or reply from the Project Proponent/s in respect of any requisition made by the Government, whichever is later. If the project proponent fails to comply with the conditions specified while granting location clearance within the specified time limit, then in such cases location clearance given earlier stands automatically cancelled and no refund or adjustment of premium/fees/expenses, etc. shall be eligible.

 

(Explanation - In circumstances described in Clause (ii) above, such grant of permission and declaration of the project shall be made under the provisions of Section 18(3) of the Maharashtra Regional and Town Planning Act, 1966 )

 

iii) Every such permission and declaration shall remain in force for a period of two years, if not applied for Letter of Intent under Regulation No.14.1.1.5, from the date of issue of Locational Clearance Notification, and thereafter it shall lapse.

 

Provided that, the Director of Town Planning, Maharashtra State, Pune may, on an application made by Project Proponent/s before expiry of the above period extend such period by two years in aggregate. Provided also that, it is not mandatory for Project Proponent/s to submit all the papers afresh as prescribed under Clause (i) above, however, the affidavit regarding the ownership of land about any dispute shall be mandatory.

 

iv) Such lapse shall not bar any subsequent application for a fresh proposal.

 

v) The Director of Town Planning, Maharashtra State, on the request of Project Proponent/s, by notification in the Official Gazette, may grant to add or delete any area, not exceeding 50% of the total area under Locational Clearance, subject to the condition that the remaining area shall not be less than 40 ha. The permissible FSI and other parameters shall increase or decrease accordingly.

 

14.1.1.5 Letter of Intent (LOI) by the Collector :-

 

i) The Project Proponent/s shall apply to the Collector to obtain the Letter of Intent for such project. Such application shall be accompanied by the ownership documents as prescribed in Regulation No.14.1.1.4(i)(a) & (i)(b) and with locational clearance notification issued by the Government.

 

ii) The Collector shall verify and satisfy himself that Ownership and Development Rights of all the lands under the project are with the Project Proponent/s before issuing the Letter of Intent.

 

iii) On receipt of an application under Clause (i) above, the Collector shall grant the Letter of Intent for the whole area or separately for any part thereof, which shall not be less than 40 ha. at the first instance, subject to conditions as may be deemed fit, or reject the application, within a period of 45 days from the date of receipt of the application or reply from the Project Proponent/s in respect of any requisition made by the Collector, whichever is later.

 

Provided that, in case of rejection, the Collector shall mention the grounds for such refusal.

 

iv) Every such Letter of Intent shall remain in force for a period of two years, if not applied for Development Permission under Regulation No.14.1.1.6, from the date of issue of Letter of Intent, unless renewed. Provided that, the Collector may, on an application made by Project Proponent/s before the expiry of the above period extend such period by two years in aggregate. Provided also that the letter of intent granted by the collector under earlier regulations may also be extended subject to other conditions of these regulations.

 

14.1.1.6 Master Layout Plan Approval by the Collector :-

 

i) The project proponent/s shall apply to the concerned Collector to obtain the approval for the Master Layout Plan of the entire area as per the Letter of Intent. Such application shall be accompanied by the documents in two sets as prescribed below :-

 

a) Attested copy of Gazette Notification issued by the Government under Regulation No.14.1.1.4(ii).

 

b) Attested copy of Letter of Intent issued by Collector under Regulation No.14.1.1.5.

 

c) Part plan of sanctioned Regional Plan showing the lands under the Master Layout Plan.

 

d) The village map shows the lands under the Master Layout Plan.

 

e) In case, the project has no access from the existing road having a right of way of 18.0 m. then documents showing the ownership of Project Proponent/s in lands proposed for 18.0 m. wide access road.

 

f) Bank Guarantee of requisite amount as prescribed in Regulation No. 14.1.1.12(vi).

 

g) Undertaking and Affidavit as may be prescribed by the Collector.

 

h) Copies of Master Layout Plan with or without Building Plans in three sets prepared and signed by expert in respective field and team headed by an Architect or Town Planner registered with Institute of Town Planners India (ITPI) with sign of owner/developer.

 

i) Contour map showing contour levels of lands under Master Layout Plan. Trueness of the contour shall be certified and attested by the surveying agency and the Project Proponent/s under their signature and seal.

 

j) Colored Google earth image/Bhuvan image/Drone survey image etc., showing lands under Master Layout Plan.

 

 

k) Phased Program for the development of physical infrastructure with amenities under the project, along with the project cost details.

 

ii) If the application is not accompanied by the documents mentioned in Regulation No.14.1.1.6(i) above, the Collector convey the same to the Project Proponent/s immediately within 10 working days giving specific time period for fulfilment of such documents and if the same are not submitted by the said project proponent in given time then return the proposal at his level only.

 

iii) On receipt of the application, complete in all respects, as prescribed under Regulation No.14.1.1.6(i) above, the Collector shall forward the same to the concerned Divisional Joint Director of Town Planning for technical consultation within 10 working days.

 

iv) The office of the Divisional Joint Director of Town Planning shall send its remarks to the Collector within two months from the receipt of the proposal from the Collector or receipt of a reply from the Project Proponent/s in respect of any requisition made by him, whichever is later. Such master layout approval will be given with the condition that the project proponent will not commence work without environmental clearance. Such environmental clearance shall be submitted at the time of sanction to the building permission. A sanctioned master Plan layout along with a complete set of drawings shall be endorsed to the concerned branch office of the Town Planning Department, for the further permission.

 

v) Approval to the Master Plan :- The Collector shall grant approval to the master layout or reject the application, under Section 18 of the said Act, within one month from the receipt of a reply from the Divisional Joint Director of Town Planning as mentioned in Regulation No.14.1.1.6 (iv) above.

 

vi) Approval to the building plan :- Detailed building permission under the master layout plan sanctioned as per Regulation No.14.1.1.6(v) shall be granted by the Assistant Director of Town Planning/Town Planner of concerned Branch within 30 days from the receipt of the proposal from the project proponent as mentioned in (a) below.

 

a) The Project Proponent/s shall apply to the concerned head of the Branch office of the Town Planning Department, for the grant of building permission, along with all relevant documents and attested copy of Environment Clearance for the project from MoEF or the Authority empowered by the MoEF.

 

b) The Project Proponent/s shall submit the certificate of Architect regarding the completion of the plinth stating that the construction of the plinth is as per the approved building Plans to the concerned branch office of the Town Planning along with the approved Plan. The Branch Office of the Town Planning verifies the same within the stipulated time period. If it is found that the construction of the plinth is not as per the building permission sanctioned, the said office shall reject such plinth checking certificate. In such circumstances, the Project Proponent/s shall either demolish the said plinth or get the revised plan sanction according to changes. If it is found that the construction of the plinth is as per the building permission sanctioned, then granting the plinth checking certificate is not necessary.

 

14.1.1.7 Planning Considerations :-


i) Permissibility in respect of Zoning :-

 

a) Notwithstanding anything contained in any regulation for the time being in force, the project to be notified under this regulation may be permissible in any land-use zone/s of sanctioned Regional Plan/Development Plan, excepting areas mentioned in Regulation No.14.1.1.2(v).

 

b) For the areas falling in zones, other than residential, commercial, and U - 1 & U - 2 zones as per the sanctioned Regional Plan the Project Proponent/s shall have to pay a premium for permitting projects in such zones at the rates prescribed below in Table No.14-A :-

 

Table No.14-A

Sr.No. Type of ZonePremium Charges
1Afforestation Zone, Hill Top & Hill Slope Zone as shown on Regional Plan/Development Plan.15 %
2Public/Semi-public Zone, Industrial Zone, T.H. & L.P8%
3Agriculture/No Development Zone/G - 1 zone/Low-Density Residential Zone/Buffer Zone of ESZ and other zones excepting at Sr.No.a & b above.10 %

 

Explanation : Premium charges shall be calculated by considering the agriculture land rate of the said land as prescribed in the Annual Statement of Rates (ASR) without applying the guidelines. If the agricultural land rate is not mentioned in ASR, in such cases the Agricultural land rate for such land will be decided by referring the matter to the Inspector General of Registration. Thereafter, the premium will be calculated by considering the land rate given by IGR in such cases. Out of the total premium10% shall be paid at the time of Locational Clearance, 10% paid at the time of the letter of Intent, 20% at the time of sanctioning of Master Layout Plan, and the remaining 60% shall be in four equal instalments per year and subject to interest as per Prime Lending Rate. (PLR)

 

c) Restriction on development construction shall be permitted on the lands within the HFL (Blue line), land in Hill Top & Hill Slope Zone, and on lands having a slope equal to or more than 1 : 5 in the said Project, whether specifically marked as such on the Regional Plan/Development Plan or not. No development of any sort and activity involving cutting/levelling/filling shall be permissible on such sloping lands. Provided that, it shall be permissible to use such lands for Plantation, Park, Garden purposes, the access road to township development with minimum cutting and other users as otherwise permissible in respective Regional Plan/Development Plans and the FSI of such lands shall be permissible to the extent as prescribed in Regulation No.14.1.1.7(ii).

 

d) In the Buffer zone of notified ESZ and in ESZ’s, only those development activities and FSI as permissible under MoEF notification of the ESZ (as amended from time to time) under Environment Protection Act, 1986 shall be permitted. All the development in this buffer zones shall be in accordance with MoEF notifications.

 

 

Permissible Floor Space Index (FSI) :-

 

a) Notwithstanding anything contained in any regulation for the time being in force, if the premium as mentioned in 14.1.1.7(i) (b) is paid by the project proponent then the basic permissible FSI for such project shall be 1.0 to be calculated on Gross Plot Area under Master Layout Plan without deducting any areas under the slopes within HFL, etc.

 

b) Further, additional FSI on payment of premium as mentioned below Table No.14-B shall be permissible on payment of premium at the rate of 10% of the weighted average land rate of the said land as prescribed in Annual Statement of Rates for the relevant year, without applying the guidelines therein. Such premium shall be paid at the time of Building permission.

 

Table No.14-B

Area under TownshipAdditional built-up area
40 ha. and up to 200 haUp to 70 % of basic permissible FSI
More than 200 ha. and up to 500 ha.Up to 80 % of basic permissible FSI
More than 500 ha. hectorUp to 100 % of basic permissible FSI

 

c) Over and above the FSI as prescribed above, an additional FSI in lieu of construction of tenements for social housing shall be permissible as prescribed in Regulation No.14.1.1.9, without charging a premium.

 

d) It shall be permissible to utilize the maximum permissible built-up area as prescribed above, anywhere in the area under the sanctioned Master Layout Plan.

 

Mandatory Town-Level Amenities - Area and FSI Allocations :-

 

Master Layout Plan shall provide for the town-level area and FSI allocation, to be kept at one or more places, as follows:-

 

a) Spaces for Recreation

 

Table No.14-C

Sr. NoParticularsMinimum Area RequiredConditions
iGarden/s and Park/s5% of Master Layout Area. (out of this 50% of the area may be allowed on Hill Top Hill Slope Zone, Buffer Zone of ESZ and within HFL)Out of this at least 1000 sq.m. area shall be kept open for Town Plaza/Town Square, at one place and the remaining area shall be kept open and may be allowed to be proposed at suitable places. Major public amenities/activities shall be clustered around this area.
iiPlay Ground/s7.5% of Master Layout Area (may be allowed in Buffer Zone of ESZ having a slope less than 1:5)the Maximum 10% of area under Play Ground which may accommodate indoor games, stadiums and allied users only.

 

Note - These spaces shall be exclusive of open spaces to be required at sector-level layouts. Notwithstanding anything contained in UDCPR, 10% open space shall be provided in sector-level layout. Such open space shall be calculated by considering the area of the sector excluding roads in the Master Layout Plan and Town Level Amenity spaces excepting Economic Activities.)

 

b) Spaces for combined School/s (Primary School/s + High School/s) -

 

Table No.14-D

Sr. No.ParticularsMinimum Area RequiredMinimum Built-up Area required
iFor Master Layout area of 40 Ha.5,000 sq.m5,000 sq.m.
iiFor Master Layout area of more than 40 ha.To be increased proportionately with the increase in the Master Layout area and be pr

 

Note-

 

1) The requirements prescribed above are by considering the School to be run in double shift.

 

2) The requirement of the plot area and built-up area shall be exclusive of playground spaces. Hence, it is mandatory to show a separate playground adjoining the school building at the rate of 7 sq.m./student.

 

c) Community Health Care Facilities :- Primary and Secondary Health Care Facilities like Dispensary, Maternity Home, Hospital etc.

 

Table No.14-E

Sr. No.ParticularsMinimum Area RequiredMinimum Built-up Area required
iFor Master Layout area of 40 ha.1,000 sq. m.1500 sq. m.
iiFor Master Layout area of more than 40 ha.To be increased proportionately with the increase in Master Layout area and be proposed at one

 

d) Community Market :-

 

Table No.14-F

Sr. No.ParticularsMinimum Area RequiredMinimum Built-up
iGeneral Market including Mutton and Fish Market
For Master Layout area up to & inclusive of 200 ha.1000 sq.m.As per requirement
For Master Layout area of a more than 200 ha.To be increased proportionately with an increase in the Master Layout area and be proposed at one or more locations, as per requirements.
iiVegetable Market
For Master Layout area up to & inclusive of 200 ha.1000 sq.m.As per requirement
For Master Layout area of more than 200 ha.To be increased proportionately with an increase in the Master Layout area and be proposed at one or more locations, as per requirements.

 

Note - Users mentioned in (i) & (ii) above may be clubbed together for convenience purposes, without altering the requirements in plot area and built-up area.

 

e) Public Assembly Facilities :- Town Hall and/or Auditorium including Library

 

Table No.14-G

Sr. No.ParticularsMinimum Area RequiredMinimum Built-up Area required
iFor Master Layout area up to & inclusive of 100 Ha5000 Sq.m.5000 Sq.m.
iiFor Master Layout area more than 100 Ha. and up to 200 Ha.10000 Sq.m.10000 Sq.m.
iiiFor Master Layout area of more than 200 Ha.To be increased proportionately with an increase in the Master Layout area and be proposed at one or more locations, as per requirements.

 

f) Economic Activities :- Economic activities including users such as Market, Multiplex, Mall, Information Technology & Information Technology enabled Services (IT & ITES) including SEZs, Essential Shopping, Recreational Centres, Trade & Commerce, Education, Hospitals, Non-polluting Industries, Service Industries, Entertainment, Tourism, Star Category Hotels, Convention Centres, Gymnasiums, Socio-economic activities, such as workshop, hostel for Autistic persons, challenged persons and Senior Citizens except independent residential tenements as per requirements.

 

Table No.14-H

Sr. NoParticularsMinimum Area RequiredMinimum Built-up Area required
iFor the Master Layout area of 40 ha40000 sq.m.80000 sq.m.
iiFor Master Layout area of more than 40 ha.To be increased proportionately with an increase in the Master Layout area and be proposed at one or more locations, as per requirements.

 

Note :-

 

1) Users as mentioned in b, c, d, e & f may be clubbed together, in the Economic Activities Component, subject to the condition that, the total built-up area should not be less than the summation of minimum required for all such users, irrespective of their individual plot area requirements.

 

2) The required parking spaces for all such amenities as per norms shall be provided in the same plot.

 

g) Public Utilities :- For Master Layout area up to & inclusive of 200 ha.

 

Table No.14-I

Sr. No.ParticularsMinimum Area RequiredPermissible Built-up Area
iFire Brigade Station3000 sq.m. or as prescribed by the Director of Fire Services, Maharashtra State/Chief Fire Officer of the concerned Authority.As per recommendations of the Director of Fire Services, Maharashtra State / Chief fire Officer of the concern Authority.
iiSewage Waste Management Project (SWMP)4000 sq.m.As per requirement
iiiCremation Ground2000 sq.m.As per requirement
ivBurial Ground2000 sq.m.As per requirement
vBus Station/Transport Hub3000 sq.m. 
viPolice Station1000 sq.m.
viiElectric Sub-stationAs per requirement
viiiOther Public UtilitiesAs per requirement
ixPublic Parking FacilitiesAs per prevailing DCR
xSolid waste managementAs per requirement

 

Note : 

 

1) If the facility of Cremation Ground / Burial Ground is available in the village where the Township is located in such case these requirements need not be insisted subject to NOCs of respective Gram Panchayat.

 

2) If a Police Station is available within 1 km. the area from the proposed Township, then such a facility need not to be provided.

 

h) Transport & Communication :-

 

i) The entire area of the project shall have a proper road pattern, taking into consideration the linkages with existing roads within the project and outside the area as well. All such roads shall be developed by the Project Proponent/s as per the standard prescribed by the Indian Road Congress.

 

ii)  The width of the -


a) Classified Road should not be less than as may be prescribed by concerned public authority.

 

b) Main/Arterial/Ring Road should be of the minimum right of way of 18.0 m.

 

c) Other Sub-Arterial roads, Collector streets, local streets, etc. shall be proposed as per the requirements to cater to the need of occupancies on such roads including for pedestrians.

 

d) A network of cycle tracks in the entire Township area of a minimum width of 3.0 meters shall be provided without clashing with the vehicular traffic, to the extent possible.

 

iii) It may be permissible for Project Proponent/s, to realign the Regional Plan/Development Plan Roads, and earlier existing roads passing through the project area, without changing the entry and exit points of such roads.

 

iv) All the Regional Plan/Development Plan Roads and all the Main/Arterial/Ring Roads, shall always be open for the general public, irrespective of the fact that, they reside in the project or not.

 

General Note for Amenities (a) to (h) :

 

1) The requirements prescribed above for items (a) to (f) are by considering the FSI proposed for the project is only 1.0. If the FSI proposed is increased or decreased then the only built-up area requirement shall be increased or decreased proportionately.

 

2) The requirements prescribed above for items (g) are for the Master Layout area up to & inclusive of 200 ha. It shall be increased or decreased proportionately and may be proposed at one or more locations, as per requirements.

 

iv) Residential Activities :-

 

Table No.14-J

Sr. No.ParticularsAreaBuilt-up Area
iResidential Activities (including lands required for social housing, infrastructure such as water storage, drainage and garbage disposal, etc.)The land excluding the land required for purposes as shown (iii) (a) to (h).The remaining built-up area is subject to a minimum of 60% of the total proposed Basic Residential FSI.

 

14.1.1.8 Development Control Regulations :-

 

For those aspects which are not covered under this regulation, the prevailing provisions as prescribed in the (1) Unified Development Control and Promotion Regulations for Regional Plan in Maharashtra shall apply mutatis-mutandis. The provisions of MoEF CRZ notifications amended from time to time shall also be applicable.

 

However where in the prevailing DCR of the respective authority the maximum height of the building is not mentioned in such cases the maximum height shall be allowed subject to provisions of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and any restriction imposed by the Chief Fire Officer.

 

14.1.1.9 Social Housing :-

 

i) The Master Layout Plan shall provide sufficient space for the construction of small tenements for persons from EWS and LIG categories (hereinafter referred to as the “Social Housing Component”), as a social responsibility with FSI as mentioned in Regulation No.14.1.1.9 (iii). Out of this Social Housing Component 25% FSI shall be utilised exclusively for the construction of EWS tenements and the remaining 75% FSI may be used for LIG tenements. Out of the total tenements constructed as Social Housing components, one-third (1/3rd) of tenements shall be kept for Rental Housing tenements which will be disposed on Rent only by the project Proponents.

 

ii) Social Housing tenements shall be constructed within the area as specified by the MHADA for EWS and LIG categories respectively.

 

iii) The minimum Social Housing component shall be constructed at 15% of the Residential basic FSI of the area available for Residential Development as prescribed in Regulation No.14.1.1.7(iv) (hereinafter referred to as the “Social Housing component”).

 

iv) Social Housing tenements shall be constructed as per the general and special specifications prescribed by the concerned unit of MHADA for their projects.

 

v) The Project Proponent/s, after getting the commencement certificate of the Social Housing component as mentioned above shall immediately inform MHADA regarding the numbers of Social Housing Component to be disposed of by them to the allottees. Upon such intimation, MHADA within a period of six months, from the date of receipt of such intimation after following the procedure of the lottery system shall prepare the list of the allottees from the district as far as possible and forward it to the Project Proponent/s. The project proponent shall dispose of such housing tenements to the allottees at the construction cost mentioned in ASR applicable of the year of disposal (date of occupancy certificate) plus 25% additional cost. Out of this 25% additional cost, 1% shall be paid to MHADA towards administration charges.

 

If the allottees fail to deposit the amount within the specified time limit, then the allotment shall stand cancelled and MHADA can give fresh names of allottees from the waiting list within one month.

 

Provided that if the MHADA is unable to provide the list of the allottees as mentioned above then the project proponent shall dispose of such social housing tenements in the market at the construction cost in ASR applicable to the land of the year of disposal plus 20% additional cost.

 

vi) Every Occupation Certificate for the regular tenements shall be granted only along with the Occupation Certificate in proportionate with the Social Housing component.

 

vii) Amalgamation of such Social Housing tenements shall not be permitted in any case.

 

viii) The purchaser of the tenement under social housing shall deposit an amount equivalent to 10% of the construction cost of the tenement, as prescribed in the Annual Statement of Rates prevailing at the time of occupation, with the Project Proponent/s as a one-time maintenance deposit for onsite infrastructure maintenance.

 

ix) The Project Proponent/s shall maintain the premises and common spaces outside the building/s of social housing including concerned all basic infrastructure and amenities, in good condition in the same manner as the maintenance of the remaining area of the project.

 

x) The purchaser of tenement under social housing shall have to pay all the government taxes, duties like stamp duty, GST etc. and also the fees charged for use of common amenities at actual, to the Project Proponent/s, as per the requirement, from time to time.

 

14.1.1.10 Liability of Project Proponent/s :-

 

i) The entire project shall be an integrated one with all facilities within the boundaries of such project. All the on-site infrastructure i.e. internal roads, approach roads, street lights, water supply and drainage systems shall be mandatory and constructed/maintained in future by the Project Proponent/s. Proposed internal roads and Open Spaces in the layouts shall be used only for ITP.

 

ii) The Regional Plan Roads & Reservations which are included in ITP shall be Developed by the project proponent and after development made available to the general public. Such reservations may be allowed to shift within 500 m. (within Township Area Only) in consultation with the concerned Divisional Joint Director of Town Planning.

 

iii) It shall be the responsibility of the Project Proponent/s to develop and maintain all the infrastructure in good condition till handed over to the appropriate authority.

 

The project proponent may collect periodical contributions or raise corpus funds for the maintenance of infrastructure from the purchasers of tenements or statutory bodies of the purchasers of tenements formed by the developer for this purpose.

 

Provided that, the Project Proponent/s shall hand the infrastructure, for maintenance purposes, only after the completion of the project, to the Urban Local Body or appropriate authority, when constituted in the area comprised by the project along with the unutilized corpus fund collected for maintenance of common infrastructure.

 

iv) Project Proponent/s shall mandatorily provide facilities for making the Township SMART -

 

a) For the people residing in the project area, an efficient and timely public transportation system up to the nearest public transportation station/hub/depot/stand. He shall develop it himself or tie with the Government/Semi-Government or private transport agency for such efficient public transportation. The number of buses and trips will be

decided by MSRTC/Local Transport Authority.

 

b) Continuous unobstructed footpath of minimum 2.0 m. the width on either side of all streets/roads of width ROW 12.0 m. or more and of a lesser width for roads/Streets of ROW less than 12.0 m.

 

c) A dedicated and physically segregated bicycle track with a width of 3.0 m. or more, should be provided for the entire Township Area.

 

d) Pedestrian-friendly pathways, encouragement to non-motorized transport, intelligent traffic management, non-vehicle street/zones, smart parking, energy efficient street lighting visible improvement in the area i.e. replacing existing overhead electric wiring with underground wiring, encroachment-free public areas.

 

e) Arranging generation of power through non-conventional energy sources like solar, wind and others shall be mandatorily provided with at least 10% of the total requirement of the common physical infrastructure of the project.

 

f) To provide energy management by adopting advanced technology like installing Solar Water Heating Systems, Solar Lamps/Lights in common areas, and LED Lamps, auto-operated street lights, solar pumps, etc. All external lighting shall be of LED, Solar Water Heating Systems, Solar Lamp shall be compulsorily provided.

 

g) To provide effective water management by adopting water harvesting techniques like rainwater harvesting, recycling of used water, metered water supply to the users under the project, and double plumbing pipeline. The recycled water shall be used for flush systems, gardening, carwash and industrial use.

 

h) To provide effective safety & security measures like CCTV surveillance at strategic locations, centralized control rooms, etc.

 

i)  Arranging smart and fast internet/broadband connectivity to all residences, e-governance online system for grievance redressal.

 

j)  Encouraging and providing a platform for citizens' participation in decision-making about public community issues.

 

k) Arranging real-time environmental monitoring i.e. air pollution, noise pollution etc. shall be observed.

 

l) Encouraging and providing a platform for e-DCR for building plans with BIM, 3-D maps on GIS of the utility services network and properties in the city, central command, control and emergency response centre for all infrastructure facilities. Project Proponent/s shall also provide urban design concept plans along with the Master Plan.

 

m) It shall be obligatory on the part of Project Proponent/s to provide the infrastructure and green building norms that are necessary as per the guidelines as may be laid down by the Government, under the policy of development of ‘Smart City’ from time to time.

 

n) Ensure that the buildings have at least 3-star ratings from GRIHA/Silver from IGBC/Silver from LEED/equivalent ratings from the ASSOCHAM GEM.

 

v) Project Proponent/s shall also mandatorily provide for :-


a) Water Supply - Safe and potable drinking water at the rate of 90 litres per capita per day, exclusive of the requirement of water for fire fighting and gardening purposes. The storage capacity of the same shall be at least 1.5 times of the actual required quantity as determined by the expected population (Resident and Floating) and other uses. The Project Proponent/s would be required to develop proper internal distribution with double pipe plumbing for reuse of treated water at appropriate places and maintenance system along with smart metering and shall especially undertake rainwater harvesting, groundwater recharging and wastewater recycling within the project.


Provided that, the Project Proponent/s should not use groundwater as a source of water, to meet the above requirement.

 

b) Drainage and Garbage Disposal - The Project Proponent/s shall make suitable and environment friendly arrangements for the disposal and treatment of sewage and solid waste generated in the project at source, as per the norms of the Maharashtra Pollution Control Board. The Project Proponent shall provide zero discharge in ITP for solid as well as liquid waste.

 

The Project Proponent/s should provide facilities for water conservation by different means such as Rain Water Harvesting, Recycling of Waste Water, etc. and also set-up, in the project area itself, the Solid Waste Management Project (SWMP) with a sufficient capacity for processing of 100% garbage and solid waste.

 

c) Power - The Project Proponent/s shall ensure continuous and quality power supply for the project area. The Project Proponent/s may draw the power from any existing supply system or may go in for arrangement of captive power generation with the approval from the concerned authority. If power is drawn from any existing supply system, the Project Proponent/s shall, before the commencement of development, procure a firm commitment of power for the entire Township from the power supply company.

 

14.1.1.11 Occupancy Certificate :-

 

i) Application for obtaining the Occupancy Certificate for buildings in the project, in full or part shall be submitted by Project Proponent/s to the concerned branch Officer of Town Planning. Such application shall be accompanied by -

 

a) All the relevant documents along with coloured Google Earth/Bhuvan/Drone survey images showing the area under the Master Layout Plan.

 

b)Documents showing compliance of the conditions prescribed while according to sanctions from time to time.

 

c) Appropriate declaration/s and undertaking/s made by the Project Proponent/s and his technical personnel’s;

 

d) Any other requirement as may be prescribed by the Collector.

 

ii) The concerned Branch Officer of Town Planning shall grant an Occupancy Certificate or reject the application giving a specific reason within one month from the receipt of the application.

 

iii) The Collector, before issuing the Occupancy Certificate for the project as a whole, shall verify and satisfy himself about the completion of erection/development/construction of all the basic required infrastructure in the Master Layout plan. In case, of an application for part occupancy, such completion shall be as prescribed in the phase programme.

 

14.1.1.12 General Stipulations :-

 

i) Development of basic infrastructure and amenities shall be completed by the Project Proponent/s to the satisfaction of the Collector either for the whole or as per phases, of the project.

 

ii) It shall not be mandatory for the Project Proponent/s to provide Amenity Space as otherwise required as per regulation of the Regional Plan/Development Plan, if any.

 

iii) The Project Proponent/s shall plant indigenous trees at the rate of at least 150 trees per ha. and maintain it properly. The certificate to that effect issued by the Deputy Conservator of Forest or an Officer nominated by him for this purpose shall be produced by the Project Proponent/s at the time of application for Final Occupation Certificate under Regulation No.14.1.1.11.

 

iv) All the powers and functions that are supposed to be exercised by the Collector under this regulation shall be exercised by the Chief Officer/Chief Executive Officer of the concerned Planning Authority wherever applicable, excepting the powers to grant Letter of Intent under Regulation No.14.1.1.5 of this regulation.

 

Provided that, before grant or refusal to the Master Layout Plan, the Chief Officer / Chief Executive Officer of the Authority shall, consult the concerned Divisional Joint Director of Town Planning as prescribed in Regulation No.14.1.1.6 (iii) and (iv), if the Planning Officer posted in such Authority is below the rank of Joint Director of Town Planning, and to the concerned branch office of Town Planning as prescribed in Regulation No. (1)14.1.1.6(vi) and Regulation No.14.1.1.11, if the Planning Officer posted in such Authority is below the rank of Assistant Director of Town Planning.

 

v) All the amounts of scrutiny fees, charges, premiums etc. payable to the Government shall be deposited with the concerned Branch office of the Town Planning. In circumstances described in the proviso of Regulation No.14.1.1.12(iv) above, 50% of such amount shall be deposited with the concerned Branch office of the Town Planning, and 50% to the concerned Planning Authority.

 

vi) The Project Proponent/s shall submit a bank guarantee of an amount equal to the 15% of the estimated development cost required for the development of the basic Physical infrastructure such as roads, water supply, drainage & garbage disposal, Trunk installations for power supply, fire brigade station & fire engines. Such development costs be worked out as per respective phases taking into consideration the phased programme for the development of infrastructure with amenities under the project as submitted and as required under Regulation No.14.1.1.6(i). A certificate regarding the estimated development cost shall be produced by the respective Architect of the project. If a Bank Guarantee as mentioned above is submitted then a separate security deposit shall not be insisted on by the authority.

 

vii) The Project Proponent/s shall construct and maintain the Fire Station building & Infrastructure at their cost. The project proponent shall post well-trained staff at the fire station as per the recommendations of the Director of Fire Services, Maharashtra State / Chief Fire Officer of the concerned Authority or the cost of staff appointed by the Chief Fire Officer for this purpose shall be borne by the Project Proponent. The amount of all expenditure on such staff shall be the responsibility of the Project Proponent/s. After completion of the fire station and as per requirement such fire brigade/station shall be handed over to the nearest respective authority on the terms and conditions decided by the respective authority and project proponent.

 

viii) The developer shall complete the Special Township Project within 10 years or such period as allowed by the Government from the approval to the master plan. The developer shall develop and maintain the all infrastructure (internal street lights, roads etc.) up to the completion of the ITP project. Within such period or till the authority is formed as per Regulation No.14.1.1.12(ix), the concession in property tax levied by the respective Grampanchayat or the respective Planning Authority shall be 66% of the normal rate as prescribed under the Grampanchayat Act or under Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 or Maharashtra Municipal Corporation ACT. Such property tax shall be levied from the date of the Occupancy Certificate. Respective Grampanchayat/Planning Authority shall provide mandatory provisions like Birth and Death Registration Certificates etc. for the same period in such ITP. Provided that the utilities like fire brigade, police station/Chowky etc. shall be handed over to the nearest respective Authority at the terms and conditions decided by the respective authority.

 

ix) A local Authority shall be formed under section 3 read with section 341 of the Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 according to the population of such township. The newly formed respective authority shall take over the operation maintenance of infrastructure in the Integrated Township Project area with the previous approval of the Government. However, if the area under ITPs merged in any Local Authority then operation and maintenance of infrastructure in such Integrated Township Project area shall be made by the respective Local Authority.

 

x) Licensing to the Project Proponent/s - The respective Authority shall provide licenses to the Project Proponent/s for telephone Connection, Power and other utilities in the Township area as per existing rules & regulations. After granting the license from the respective Authority, the project proponent/s shall provide utilities in the Township area as per the conditions laid down by the respective authority.

 

xi) It shall be mandatory for the Project Proponent/s to provide an appropriate width of road to the land not owned by the project proponent which is surrounded by the Township Area. 

 

14.1.1.13 Special Concessions :-

 

i) Deemed conversion for Non-Agricultural (N.A.) Use :- The lands under the approved Master Layout Plan shall be considered as deemed N.A. No separate permission shall be required under the provisions of Maharashtra Land Revenue Code, 1966. The amount of non-agricultural assessment shall be exempted to the extent of 50% of the normal rate for the land under the Integrated Township Project.

 

ii) Grant of Government land: If surrounded or adjacent to the lands owned by the Project Proponent, the Government land may preferably be granted to the Project Proponent, as per the rules and regulations to that effect, by the Revenue and Forest Department of the State Government. A maximum of 10% of the total area under the township shall be allowed to be included in such township.

 

iii) Concession in Stamp Duty :- For the purchase of land by the project proponent for the township area or for the first transaction from the Project Proponent/s to the Purchaser of any unit under any user from approved Master Layout Plan or subsequent building plan under this Regulation, concession of 50% of stamp duty as otherwise required under the Mumbai Stamp Act, shall be granted. This concession will be available only at one stage i.e. either at the time of land purchase or at the time of sale of units. Also, if the project proponent assigns the rights to his own subsidiary companies for the running of the Amenities in such Township project as per the approved plan in such cases concession of 50 % of stamp duty as otherwise required under the Mumbai Stamp Act, shall be granted.

 

iv) Exemption in payment of Development Charges :- 50% of the amount of Development Charges under sub-section (3) of Section 124-F of the said Act shall be exempted for institutional use or, change of use of any land or building or, development of any land or building, proposed for a project undertaken by a Project Proponent/s under this Regulation.

 

v) Relaxation from Mumbai Tenancy and Agriculture Land Act :- The condition that, only the agriculturist will be eligible to buy the agriculture land shall not be applicable to the Project Proponent/s for purchasing agriculture land for Integrated Township under this Regulation.

 

vi) Exemption from Ceiling for holding agriculture land :- The limit for holding agriculture land, stipulated in the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961 shall not be applicable to the Project Proponent/s for the development of Integrated Township Project under this Regulation.

 

vii) Exemption from scrutiny fee :- The amount of the scrutiny fee shall be exempted to the extent of 50% of the normal rate for building permission under the Integrated Township Project.

 

viii) Exemption from royalty on minor minerals :- The amount of royalty on minor minerals as per the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules shall be exempted to the extent of 50% for the earth which is extracted while developing the land within Township area and fully exempted if the said excavated material is used in the same project.

 

14.1.1.14 Transition Policy :-

 

i) It shall be permissible for the Project Proponent/s, to whom Special Township Project has already been granted location clearance and/or LOI or the project is ongoing wherein part Occupancy Certificate is granted before 26/12/2016 to -

 

a) Continue such Special / Integrated Township Project under the erstwhile regulations under which LC is granted without considering these regulations.

 

b) If the project proponents wish to develop a township according to these regulations then they may apply for a grant of Letter of Intent or Master Layout Plan as the case may be wherever required, under this regulation.

 

ii) If in the case as described in Regulation No.14.1.1.14(i)(b), the construction of the project is ongoing and the Occupation Certificate, either in full or partly has granted or not been granted, it shall be permissible for the Project Proponent/s to choose an option to prefer this regulation subject to payment of premium as prescribed in Regulation No.14.1.1.7(i) and (ii). In such cases, the premium shall be calculated on the balance area which shall be the difference of the FSI permitted as per earlier regulation and that being availed as per this regulation.

 

14.1.1.15 Appeal :-

 

Anyone aggrieved by an order passed under prevailing byelaws may within forty days of the date of communication of the order prefer an appeal to the Director of Town Planning, Maharashtra State, Pune. The appeal shall be decided within 60 days.

 

14.1.1.16 Control by the State Government :-

 

Director of Town Planning, M.S., Pune is authorised on behalf of the Government to monitor the Township Project and submit his report once in six months to the Government.

 

14.1.1.17

 

The government may relax any provisions from these regulations considering the site condition of the particular project.

 

14.1.1.18

 

Read the concerned Planning Authority/Special Planning Authority constituted under relevant Acts instead of Collector, wherever applicable.

 

14.1.1.19

 

The rate of premium mentioned in the Regulation No.14.1.1.7(i)(b) and 14.1.1.7(ii)(b) can be revised by the Government from time to time.

 

14.1.2 For Development Plan area -

 

Regulations for Integrated Township Projects for Regional Plan mentioned in Regulation No.14.1.1 shall be applicable to the Development Plan area with modified Regulations as mentioned below.

 

14.1.1.4 (ii)

 

(Explanation - In circumstances described in Regulation No.14.1.1.4(ii) above, such grant of permission and declaration of the project shall be made under the provisions of Section 18(3) read with Section 44 (2) of the Maharashtra Regional and Town Planning Act, 1966)

 

14.1.1.6 (i)

 

e) In case, the project has no access from the existing road having right of way of 18.0 m. then documents showing the ownership or registered agreement for permanent right of way, as the case may be, of Project Proponent/s in lands proposed for 18.0 m. wide access road.

 

j) Colored Google Earth image/Bhuvan image/Drone survey image etc. showing lands under Master Layout Plan, signed by project proponent

 

iv) The office of the Divisional Joint Director of Town Planning shall send its remarks to the Authority within two months from the receipt of the proposal from the Authority or receipt of a reply from the Project Proponent/s in respect of any requisition made by him, whichever is later. Such master layout approval will be given with the condition that the project proponent will not commence work without environmental clearance. Such environmental clearance shall be submitted at the time of sanction to the building permission.

 

14.1.1.6 (vi) - Approval of the building plan :- Detailed building permission under the master layout plan sanctioned as per Regulation No.14.1.1.6(v) shall be granted by the concerned Authority with prior consultation as prescribed in the proviso to Regulation No.14.1.1.12(iv) within 30 days from the receipt of the proposal from the project proponent as mentioned in 14.1.1.6(vi)(a).

 

14.1.1.6 (vi) (b) - The Project Proponent/s shall submit the certificate of Architect regarding the completion of the plinth stating that the construction of the plinth is as per the approved building Plans to the concerned branch office of the Town Planning along with approved Plan. The Branch Office of the Town Planning verify the same within the stipulated time period. If it is found that the construction of the plinth is not as per the building permission sanctioned, the said office shall reject such plinth checking certificate. In such circumstances, the Project Proponent/s shall either demolish the said plinth or get the revised plan sanction according to changes. If it is found that the construction of the plinth is as per the building permission sanctioned, then granting the plinth checking certificate is not necessary.

 

However, notwithstanding anything mentioned above, before granting or refusal to the Master Layout Plan, the Authority shall, consult the, concerned Divisional Joint Director of Town Planning as prescribed in Regulation No.14.1.1.6(iii) and (iv) if the planning officer posted in such Authority is below the rank of Joint Director of Town Planning, and to the concerned branch office of Town Planning as prescribed in Regulation No.14.1.1.6(vi) and Regulation No.14.1.1.11, if the Planning Officer posted in such Authority is below the rank of Assistant Director of Town Planning.

 

14.1.1.7 (iii) 

 

 h) Transport & Communication :-

 

i) The entire area of the project shall have a proper road pattern, taking into consideration the linkages with proposed roads of D.P. and R.P. existing roads within the project and outside area as well. All such roads shall be developed by the Project Proponent/s as per the standard prescribed by the Indian Road Congress.

 

14.1.1.11 (ii) - On receipt of the application as prescribed under Regulation No.14.1.1.11(i) the Planning Authority shall forward the same to the concerned officer as stipulated in the proviso to Regulation No.14.1.1.12(iv) for technical consultation within 10 working days.

 

Following new Regulations shall be added.

 

14.1.1.7 (v) - Share of Local / Planning Authority.

 

The integration of Integrated Township Projects included in the Local/Planning Authority, an area @ 2% of the gross area shall be earmarked and shall be handed over free of cost to the respective Authority for the development of the City Level Facilities.

 

For determining eligibility of ITP, the above 2% area shall be considered in area calculation. This area shall not contain area under hill slopes, and shall be accessible by major road. Base FSI of such 2% land shall be made available to the applicant on remaining land.

 

Related Regulations

 

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

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Blog 1
Solid Waste Management in UDCPR 2020

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

 

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

 

Rule No. 13.5 Solid Waste Management

 

It shall be mandatory for :-

 

i) Housing complexes, commercial establishments, hostels, and hospitals have an aggregate built-up area of more than 4,000 sq.m. or more.

 

ii) All three-star or higher category hotels.

 

Establish a dedicated solid waste management system to treat 100% of the wet waste generated in such buildings.

 

The treatment of wet waste shall be done through an organic waste composters/vermiculture pits or other similar technologies of suitable capacity installed through reputed vendors.

 

The disposal of dry waste, e-waste, and hazardous waste shall be carried out through authorized recyclers or any other system as specified by the Authority

 

Related Regulations

 

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

 

Grey Water Recycling And Reuse in UDCPR 2020

 

Rain Water Harvesting in UDCPR 2020

 

Provisions for Barrier-Free Access in UDCPR 2020

 

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

 

Blog 1
Grey Water Recyling And Reuse in UDCPR 2020

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

 

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

 

Rule No. 13.4 Grey Water Recycling And Reuse

 

Grey Water - This refers to wastewater from bathrooms, sinks, showers, wash areas, etc.

 

Applicability - These Regulations shall be applicable to all Developments/Redevelopments/part Developments for the uses as mentioned under Regulation No.13.4.1 to 13.4.6 and shall have the provision for treatment, recycling, and reuse of Grey Water. The applicant shall along with his application for obtaining necessary layout approval / building permission shall submit a plan showing the location of Grey Water Treatment Plant, furnishing details of calculations, implementation, etc. This Plan shall accompany with the applicant’s commitment to monitor the system periodically from the date of occupation of the respective building.

 

13.4.1 For Layout Approval/Building Permission

 

i)  In case of Residential layouts, area admeasuring 10000 sq.m. or more, in addition to 10% open space, prescribed in the bye- laws, a separate space for Grey Water Treatment and Recycling Plant should be proposed in the layout. This may be proposed in amenity space as per Regulation No.3.5.

 

ii)  On the layout Plan, all Drainage lines, Chambers, Plumbing lines should be marked in different colour and submit the layout for approval to the Authority.

 

iii) The recycled water shall be used for gardening, car washing, toilet flushing, irrigation, etc. and in no case for drinking, bathing, washing utensils, clothes etc.

 

iv) A clause must be included by the owner/developer in the purchase agreement that the purchaser, owner of the premises/organization or society of the purchasers shall ensure that :

 

a) The recycled water is tested every six months either in a municipal laboratory or in the laboratory approved by the Authority or by State Government and the result of which shall be made accessible to the competent authority / EHO of the respective ward office.

 

b) Any recommendation from the testing laboratory for any form of corrective measures that are needed to be adopted shall be compiled. Copy of any such recommendation and necessary action taken shall also be sent by the testing laboratories to the Competent Authority / EHO of respective Wards.

 

c) Maintenance of the Recycling Plant should be done by the Developer or Housing Society or Owner.

 

13.4.2 Group Housing/Apartment Building

 

In the case of a Group Housing scheme or a multi-storeyed building having 100 or more tenements, Grey Water Recycling Plant as mentioned in Regulation No.13.4.1 above, should be constructed. In the case of EWS/LIG tenements, this shall be provided for tenements of 150 or more.

 

13.4.3 Educational, Industrial, Commercial, Government, Semi-Government Organizations, Hotels, Lodgings, etc.

 

For all above buildings having built-up area of 1500 sq.m. or more or if water consumption is 20,000 litre per day whichever is minimum, then provision for Grey Water Treatment Plant as mentioned in Regulation No.13.4.1 is applicable.

 

13.4.4 Hospitals

 

Those Hospitals having 40 or more beds, Grey Water Recycling Plant as mentioned in Regulation No.13.4.1 is applicable.

 

13.4.5 Vehicle Servicing Garages

 

All Vehicle servicing garages shall ensure that the Grey water generated through the washing of vehicles is treated and recycled back for the same use as mentioned in Regulation No.13.4.1.

 

13.4.6 Other Hazardous uses

 

All other Establishments/Buildings where chances of Waste Water generated containing harmful chemicals, and toxins are likely and where such water cannot be directly led into municipal sewers, the concerned Competent Authority may direct the Owners, and users of such Establishments and buildings to treat their Waste Water as per the directions laid in Regulation No.13.4.1.

 

13.4.7 Incentive

 

The Owner/Developer/Society setting up and agreeing to periodically maintain such Grey Water Treatment and Recycling Plant entirely through their own expenditure shall be eligible for an incentive in the form of fiscal benefits in Property Tax to the extent of 5% to Tenement holder/Society.

 

13.4.8 Penalty Clause

 

Any person/Owner/Developer/Organization/Society violating the provisions of these bye-laws, he shall be fined Rs.2,500/- on the day of detection and if the violation continues, then he shall be fined Rs.100/- for every day as concrete action after written Notice from Authority.

 

If any person/Owner/Developer/Organization/Society fails to operate as determined by the Authorised Officer of the Authority and from the observations of test results and/or physical verification) the Recycling plant, then he will be charged a penalty of Rs.300/- per day and disconnection of the Water connection also.

 

Related Regulations

 

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

 

Rain Water Harvesting in UDCPR 2020

 

Provisions for Barrier-Free Access in UDCPR 2020

 

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

 

Solid Waste Management in UDCPR 2020

 

Blog 1
Rain Water Harvesting in UDCPR 2020

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

 

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

 

Rule No. 13.3 Rain Water Harvesting

 

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

 

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

 

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

 

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

 

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

 

Schedule

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Related Regulations

 

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

 

Solid Waste Management in UDCPR 2020

 

Grey Water Recycling And Reuse in UDCPR 2020

 

Provisions for Barrier-Free Access in UDCPR 2020

 

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

 

Blog 1
Installation of Solar Assisted Water Heating (SWH) System, Roof Top Photovoltaic (RTPV) System in UDCPR 2020

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

 

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


Rule No. 13.2 Installation of Solar Assisted Water Heating (SWH) System/Roof Top Photovoltaic (RTPV) System

 

SWH or RTPV systems shall be mandatory in all types of buildings to be constructed on a plot area of more than 4000 sq.m.

 

In order to facilitate the installation of the SWH/RTPV System, the new buildings shall have the following provisions :-

 

i) All such buildings where SWH/RTPV are to be installed will have open sunny roof areas available for the installation of SWH/RTPV.

 

ii) The roof loading adopted in the design of such a building should be at least 50 kg. Per sq.m. for the installation of SWH / RTPV.

 

iii) At least 25% of the roof area shall be utilized for installation of the SWH/RTPV system.

 

iv) Precaution should be taken that architectural elevation treatment should not cast a shadow on terrace space. As far as possible, the parapet of the south, east and west sides of the terrace shall be of railing type (above 1 foot) such that it will not cast a shadow on the solar collectors and maximum terrace space can be utilized.

 

v) All such new buildings installed with SWH shall have an installed hot water line from the rooftop and insulated distribution pipelines to each of the points where hot water is required in the building.

 

Related Regulations

 

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

 

Grey Water Recycling And Reuse in UDCPR 2020

 

Rain Water Harvesting in UDCPR 2020

 

Provisions for Barrier-Free Access in UDCPR 2020

 

Solid Waste Management in UDCPR 2020

 

Blog 1
Signs and Outdoor Display Structures in UDCPR 2020

UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services 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. 12.7 Signs and Outdoor Display Structures

 

12.7.1  

 

The display of advertising signs on buildings and land, shall be in accordance with Part - 10, Section 2 "Signs and outdoor display structures" of the National Building Code of India as amended from time to time and, shall be in accordance with respective rules/by-laws, directive given by Government, and also rules/by-laws framed by the Authority in this regards from time to time.

 

12.7.2  Prohibition of advertising signs and outdoor display structure in certain cases

 

Notwithstanding the provisions of sub-regulations, no advertising sign or outdoor display structures shall be permitted on buildings of architectural, aesthetical, historical, or heritage importance as may be decided by the Authority or on Government Buildings save that in the case of Government buildings only advertising signs or outdoor display structure may be permitted if they relate to the activities for the said buildings’ own purposes or related programmers.

 

Table No.12-C : Sanitation Requirements - Office Buildings

Sr. No.FixturesPublic ToiletsStaff Toilets
  MaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)
i)

Executive Rooms and Conference Halls in Office Buildings

Toilet suite comprising one WC, one washbasin (with optional shower stall if the building is used round the clock at user’s option)

 

Pantry optional as per user requirement

The unit could be common for Males/Females or separate depending on the number of users of each facilityFor individual officer rooms
ii) Main Office Toilets for Staff and Visitors
 a) Water-closet1 per 251 per 151 per 251 per 15
 b) Urinals

Nil up to 6 1 for 7-20 2 for 21-45 3 for 46-70

4 for 71-100

 

Nil up to 6 1 for 7-20 2 for 21-45 3 for 46-70

4 for 71-100

 
 Add @ 3% for101-200 101-200 
 Add @ 2.5 %Over 200 Over 200 

 

Table No.12-D : Sanitation Requirements – Factories

Sr. No.FixturesOffices / VisitorsWorkers
MaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)
i)Water Closets (Workers & Staf1 for up to 25 2 for 16-35
3 for 36-65
4 for 66-10

1 for up to 15 2 for 16-25
3 for 26-40
4 for 41-57

5 for 58-77 6 for 78-100

1 for up to 15
2 for 16-35
3 for 36-65

4 for 66-10

1 for up to 12 and 2 for 13-25
3 for 26-40
4 for 41-57

5 for 58-77

 For persons 101 - 200 add3%5%3%5%
 For persons over 200 add2.5 %4%2.5 %4%
ii)Urinals

Nil up to 6

1 for 7-20
2 for 21-45 

3 for 46-70

4 for 71-100

-

Nil up to 6 

1 for 7-20
2 for 21-45 

3 for 46-70 

4 for 71-100

-
 For persons 101 - 200 add3%5%3%5%
 For persons over 200 add2.5%4%2.5%4%

 

Table No.12-E : Sanitation Requirements - Cinema, Multiplex Cinema, Concerts and Convention Halls, Theatres

Sr. NoFixturesPublicStaff
MaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)
i)Water-closets1 per 100 up to 400 Over 400, add at 1 per 250 or part thereof3 per 100 up to 200 Over 200, add at 2 per 100 or part thereof1 for up to 15 2 for 16-351 for up to 12
2 for 13-25
ii)Urinals1 per 25 or part thereof-Nil up to 6 1 for 7-20 2 for 21-45-
NOTE - The male population may be assumed as two-thirds and the two-thirds female population as one-third.

 

Table No.12-F- Sanitation Requirements - Art Galleries, Libraries and Museums

Sr. No.FixturesPublicStaff
MaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)
i)Water-closets

1 per 200 up to 400

Over 400 add at 1 per 250 or part thereof

1 per 100 up to 200

Over 200 add at 1 per 150 or part thereof

1 for up to 15 2 for 16-351 for up to 12 and 2 for 13-25
ii)Urinals1 per 50-Nil up to 6 1 per 7-20 2 per 21-45-
Notes - The male population may be assumed as two-third and the female population as one-third.

 

Table No.12-G Sanitation Requirements - Hospitals with Indoor Patient Wards

Sr. No.FixturesPatient ToiletsStaff Toilets
MaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)
i)Toilet suite comprising one WC The male two-thirds one washbasin and shower stallPrivate room with up to 4 patientsFor individual doctor’s/officer’s rooms
For General Wards, Hospital Staff and Visitors
ii)Water-closets1 per 8 beds or part thereof1 per 8 beds or part thereof1 for up to 15 2 for 16-351 for up to 12 2 for 13-25
iii)Urinals1 per 30 beds-Nil up to 6 1 for 7 to 20-
Note - Male population may be assumed as two-thirds and the female population as one-third.

 

Table No.12-H Sanitation Requirements - Hospitals - Outdoor Patient Department

Sr. NoFixturesPatient ToiletsStaff Toilets
MaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)
i)Toilet suite comprising one WC and one washbasin (with optional shower stall if building used for 24 h)For up to 4 patientsFor individual doctor’s / officer’s rooms
ii)Water-closets1 per 100 persons or part thereof2 per 100 persons or part thereof1 for up to 15 2 for 16-351 for up to 12
2 for 13-25
iii)Urinals1 per 50 persons or part thereof-Nil up to 6 1 per 7 to 20 2 per 21-45-
Note - The male population may be assumed as two-third and the female population as one-third.

 

Table No.12-I Sanitation Requirements - Hospitals’ Administrative Buildings

Sr. NoFixturesStaff Toilets
MaleFemale
(1)(2)(3)(4)
i)Toilet suite comprising one WC and one washbasin (with optional shower stall if building used for 24 h)For individual doctor’s/officer’s rooms
ii)Water-closets1 per 25 persons or part thereof1 per 15 persons or part thereof
iii)UrinalsNil up to 6 1 per 7 to 20 2 per 21-45 
Note - Some WCs may be European style if desired.

 

Table No.12-J Sanitation Requirements - Hospitals’ Staff Quarters and Nurses Homes

Sr. NoFixturesStaff QuartersNurses Homes
MaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)
i)Water-closets1 per 4 persons or part thereof1 per 4 persons or part thereof1 per 4 persons or part thereof
2 for 16-35
1 per 4 persons or part thereof
2 for 16-35

 

Table No.12-K Sanitation Requirements - Hotels

Sr. No.FixturesPublic RoomsNon-Residential Staff
MaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)
i)Toilet suite comprising one WC, washbasin with shower or a bathtubIndividual guest rooms with attached toilets-
Guest Rooms with Common Facilities
ii)Water-closets1 per 100 persons up to 400
Over 400 add at 1 per 250 or part thereof
2 per 100 persons up to 200
Over 200 add at 1 per 100 or part thereof
1 for up to 15 2 for 16-35
3 for 36-65
4 for 66-100

1 for up to 12
2 for 13-25
3 for 26-40

4 for 41-57 5 for 58-77 6 for 78-100

iii)Urinals1 per 50 persons or part thereofNil, up to 6 persons: 1 for 7-20 persons 2 for 21-45 persons 3 for 46-70 persons 4 for 71-100 personsNil up to 6 1 for 7 to 20 2 for 21-45 3 for 46-70 4 for 71-100-
Note - The male population may be assumed to be the male two-thirds and the female population as one-third.

 

Table No.12-L Sanitation Requirements – Restaurants

Sr. No.FixturesPublic RoomsNon-Residential Staff
MaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)
i)Water Closets1 per 50 seats up to 200 Over 200 add at 1 per 100 or part thereof2 per 50 seats up to 200
Over 200 add at 1 per 100 or part thereof
1 for up to 15 2 for 16-35
3 for 36-65
4 for 66-100

1 for up to 12 

2 for 13-25
3 for 26-40
4 for 41-57

5 for 58-77 6 for 78-100

ii)Urinals1 per 50 persons or part thereof--Nil up to 6 1 for 7-20
2 for 21-45 3 for 46-70 4 for 71-100
--
NOTE : The male population may be assumed as two-thirds and the female population as one-third.

 

Table No.12-M Sanitation Requirements – Schools and Educational Institutions

Sr.NoFixturesNursery SchoolNon-ResidentialResidential
 BoysGirlsBoysGirls
(1)(2)(3)(4)(5)(6)(7)
i)Water Closets1 per 15 pupils or part thereof1 for 40 pupils or part thereof1 per 25 pupils or part thereof1 per 8 pupils or part thereof1 per 6 pupils or part thereof
ii)Urinals--1 per 20 pupils or part thereof--1 per 25 pupils or part thereof--

 

Table No.12-N Sanitation Requirements – Hostels

Sr. No.FixturesResidentNon-ResidentVisitor / Common Rooms
MaleFemaleMaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)(7)(8)
i)Water Closet1 per 8 or part thereof1 per 6 or part thereof

1 for up to 15 

2 for 16-35
3 for 36-65
4 for 66-100

1 for up to 12 

2 for 13-25
3 for 26-40
4 for 41-57

5 for 58-77 

6 for 78-100

1 per 100 up to 400

Over 400 add at 1 per 250

1 per 200 up to 200

Over 200 add at 1 per 100

ii)Urinals1 per 25 or part thereof--

Nil up to 6 

1 for 7-20
2 for 21-45 3 for 46-70 4 for 71-100

--1 per 50 or part thereof--

 

Table No.12-O Sanitation Requirements – Mercantile Buildings, Commercial Complexes, Shopping Malls, Fruit & Vegetable Markets

Sr. No.FixturesShop OwnersCommon Toilets in Market / Mall BuildingPublic Toilet for Floating Population
MaleFemaleMaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)(7)(8)
i)Water Closets1 per 8 persons or part thereof

1 for up to 15 

2 for 16-35
3 for 36-65
4 for 66-100

1 for up to 12 

2 for 13-25
3 for 26-40
4 for 41-57

5 for 58-77 

6 for 78-100

1 per 50 (Minimum 2)1 per 50 (Minimum 2)
ii)Urinals----

Nil up to 6 

1 for 7-20
2 for 21-45 

3 for 46-70 

4 for 71-100

--1 per 50--

 

Table No.12-PSanitation Requirements – Airports and Railway Stations

Sr. No.FixturesJunction Stations, Intermediate Stations and Bus StationsTerminal Railway and Bus StationsDomestic and International Airports
MaleFemaleMaleFemaleMaleFemale
(1)(2)(3)(4)(5)(6)(7)(8)
i)Water- closet3 for up to 1000 Add 1 per additional 1000 or part thereof4 for up to 1000 Add 1 per additional 1000 or part thereof4 for up to 1000 Add 1 per additional 1000 or part thereof5 for up to 1000 Add 1 per additional 1000 or part thereof

Minimum - 2 

for 200 - 2 

For 400 - 9 

For 600 - 12 

For 800 - 16

Minimum - 2 

For 200 - 2 

For 400 - 9 

For 600 - 12 

For 800 - 16 

For 1000 - 18

ii)Urinals4 for up to 1000. Add 1 per additional 1000--6 for up to 1000. Add 1 per additional 1000--1 per 40 or part thereof--
iii)Toilet for Disabled1 per 40001 per 40001 per 40001 per 40001 per 4000 (Minimum 1)1 per 4000 (Minimum 1)

 

Related Regulations

 

You can visit our other blogs related to Regulations 12 through the below-mentioned links

 

Drainage and Sanitation Requirements in UDCPR 2020

 

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

 

Alternatives Materials, Methods of Design & Construction, and Tests in UDCPR 2020

 

Building Services in UDCPR 2020

 

Quality of Materials and Workmanship in UDCPR 2020

 

Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display, and Other Services in UDCPR 2020

 

Blog 1
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

 

Blog 1
Water Supply, Drainage and Sanitary Requirements in UDCPR 2020

UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services 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. 12.5 Water Supply, Drainage and Sanitary Requirements

 

1) The planning, design, construction, and installation of water supply, drainage and sanitation, and gas supply systems shall be in accordance with the provisions of Part-9 - Plumbing Services, Section-1 - Water Supply, Drainage and Sanitation, Section-2 - Gas supply of National Building Code of India as amended from time to time.

 

2) Requirements of Water Supply in Building.

 

The total requirements of water supply shall be calculated based on the population as given below :-

 

OccupancyBasis
Residential Building5 persons per tenement
 
Other Buildings

No. of persons on occupant load and area of floors given in Table

No. 9-E

 

3) The requirements of water supply for various occupancies shall be as given in Table No.12-A and Table No.12-B or as specified by the Authority from time to time.

 

Table No.12-A

Per Capita Water Requirements for Various Occupancies/Uses

Sr. No.Type of OccupancyConsumption per head per day (in liters)
123
1Residential
 (a) In living units135
 (b) Hotels with lodging accommodation (per bed) 180180
2Educational 
 (a) Day Schools45
 (b) Boarding Schools135
3Institutional (Medical Hospitals) 
 (a) No. of beds not exceeding 100340
 (b) No. of beds exceeding 100450
 (c) Medical quarters and hostels135
4Assembly :- Cinema theatres, auditorium, etc. (per seat of accommodation)15
5Government and Semi-public business45
6Mercantile (Commercial) 
 (a) Restaurants (per seat)70
 (b) Other business buildings45
7Industrial 
 (a) Factories where bathrooms are to be provided 
 (b) Factories where no bath-rooms are required to be provided 
8Storage (including warehousing)30
9Hazardous30
10Intermediate/Stations (excluding mail and express stops)45 (25)
11Junction Stations70 (45)
12Terminal/Stations45
13International and domestic Airports70

 

The value in parenthesis is for stations where bathing facilities are not provided.

 

Note : The number of persons for Sr.No.(10) to (13) shall be determined by the average number of passengers, handled by the station daily; due consideration may be given to the staff and workers likely to use the facilities.

 

Table No.12-B

FLUSHING STORAGE CAPACITIES

Sr. No.Classification of buildingStorage capacity.
(1)(2)(3)
1For tenements having common convenience900 litres net per w.c. seat.
2For residential premises other than tenements having common convenience270 litres net for one w.c. seat and 180 liters for each additional seat in the same flat.
3For Factories and Workshops900 litres per w.c. seat and 180 liters per urinal seat.
liters
4For cinemas, public assembly halls, etc900 litres per w.c. seat and 350 litres per urinal seat.liters

 

Related Regulations

 

You can visit our other blogs related to Regulations 12 through the below-mentioned links

 

Signs and Outdoor Display Structures in UDCPR 2020

 

Drainage and Sanitation Requirements in UDCPR 2020

 

Alternatives Materials, Methods of Design & Construction, and Tests in UDCPR 2020

 

Building Services in UDCPR 2020

 

Quality of Materials and Workmanship in UDCPR 2020

 

Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display, and Other Services in UDCPR 2020

 

Blog 1
Drainage and Sanitation Requirements in UDCPR 2020

UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services 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. 12.6 Drainage and Sanitation Requirements

 

12.6.1 General

 

1)  There should be at least one water tap and arrangement for drainage in the vicinity of each water-closet or group of water closets in all the buildings.

 

2)  Each family dwelling unit on the premises (abutting on a sewer or with a private sewage disposal system) shall have, at least, one water closet and one kitchen-type sink. A bath or shower shall also be installed to meet the basic requirements of sanitation and personal hygiene.

 

3)  All other structures for human occupancy or use on-premises, abutting on a sewer or with a private sewage disposal system, shall have adequate sanitary facilities, but in no case less than one water closet and one other fixture for cleaning purposes.

 

12.6.2  For Residences

 

1) Dwelling with individual convenience shall have at least the following fitments: 

 

a) One bathroom provided with a tap and a floor trap


b) One water closet with a flushing apparatus with an ablution tap; and


c) One tap with a floor trap or a sink in the kitchen or wash place.

 

2) Dwelling without individual conveniences shall have the following fitments:

 

a) One water tap with a floor trap in each tenement.

 

b) One water closet with flushing apparatus and one ablution tap, bath for every two tenements, and

 

c) One bath with water tap and floor trap for every two tenements.

 

12.6.3 For Buildings Other than Residences

 

The requirements for fitments for drainage and sanitation in the case of buildings other than residences shall be in accordance with Table No.12-C to 12-P. The following shall be, in addition, taken into consideration:

 

a)  The figures shown are based upon one (1) fixture being the minimum required for the number of persons indicated or part thereof.

 

b) Building categories not included in the tables shall be considered separately by the Authority.

 

c) Drinking fountains shall not be installed in the toilets.

 

d) Where there is the danger of exposure to skin contamination with poisonous, infectious or irritating material, washbasin with eye wash jet and an emergency shower located in an area accessible at all times with the passage / right of way suitable for access to a wheel chair, shall be provided.

 

e) When applying the provision of these tables to provide the number of fixtures, consideration shall be given to the accessibility of the fixtures. Using a purely numerical basis may not result in an installation suited to the needs of a specific building. For example, schools should be provided with toilet facilities on each floor. Similarly, toilet facilities shall be provided for temporary workmen employed in any establishment according to the needs, and in any case, one WC and one washbasin shall be provided.

 

f) All buildings used for human habitation for dwelling work, occupation, medical care or any purpose detailed in the various tables, abutting a public sewer or a private sewage disposal system, shall be provided with minimum sanitary facilities as per the schedule in the tables. In case the disposal facilities are not available, they shall be provided as a part of the building design for ensuring high standards of sanitary conditions in accordance with this section.

 

g)  Workplaces where crèches are provided, they shall be provided with one WC for 10 persons or part thereof, one washbasin for 15 persons or part thereof, and one kitchen sink with floor tap for preparing food/milk preparations. The sink provided shall be with a drinking water tap.

 

h)  In all types of buildings, individual toilets and pantries should be provided for executives and for meeting/seminar/conference rooms, etc., as per user requirements.

 

i)  Where food is consumed indoors, water stations may be provided in place of drinking water fountains.

 

Related Regulations

 

You can visit our other blogs related to Regulations 12 through the below-mentioned links

 

Signs and Outdoor Display Structures in UDCPR 2020

 

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

 

Alternatives Materials, Methods of Design & Construction, and Tests in UDCPR 2020

 

Building Services in UDCPR 2020

 

Quality of Materials and Workmanship in UDCPR 2020

 

Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display, and Other Services in UDCPR 2020

 

Blog 1
Provisions for Barrier Free Access in UDCPR 2020

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

 

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

 

Rule No. 13.0 General

Special provisions shall be made with respect to certain buildings, as given below. However, this provision shall stand superseded if new directions are issued by the Government.

 

Rule No. 13.1 Provisions for Barrier-Free Access

 

Provisions for barrier-free access in buildings for differently-abled persons shall be as given

below.

 

13.1.1 Definitions

 

i) Non-ambulatory Disabilities :- Impairments that, regardless of cause or manifestation, for all practical purposes, confine individuals to wheelchairs.

 

ii) Semi-ambulatory Disabilities :- Impairments that cause individuals to walk with difficulty or insecurity, individuals using braces or crutches, amputees, arthritics, spastics, and those with pulmonary and cardiac ills may be semi-ambulatory.

 

iii) Hearing Disabilities :- Deafness or hearing handicaps that might make an individual insecure in public areas because he is unable to communicate or hear warning signals.

 

iv) Sight Disabilities :- Total blindness or impairments, which affect sight to the extent that the individual, functioning in public areas, is insecure or exposed to danger.

 

v) Wheel Chair :- Chair used by disabled people for mobility. The standard size of the wheelchair shall be taken as 1050 mm. x 750 mm.

 

13.1.2  Scope

 

These regulations are applicable to all buildings and facilities used by the public such as educational, institutional, assembly, commercial, business, and mercantile buildings constructed on plots having an area of more than 2000 sq.m. It does not apply to private and public residences.

 

13.1.3  Site development

 

The level of the roads, access paths, and parking areas shall be described in the plan, along with the specifications for the materials.

 

1. Access Path/Walkway: The access path from plot entry and surface parking to the building entrance shall be a minimum of 1800 mm. wide having an even surface without any steps. Slope, if any, shall not have a gradient greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emits different sounds to guide visually impaired persons; hereinafter referred to as “guiding floor material”. Finishes shall have a non-slip surface with a texture traversable by a wheel chair. Curbs wherever provided should blend to a common level.

 

2. Parking :- For parking of vehicles of handicapped people, the following provisions shall be made :-

 

a) Surface parking for two car spaces shall be provided near the entrance for physically handicapped persons with a maximum travel distance of 30.0 m. from the building entrance.

 

b) The width of parking bay shall be minimum 3.6 meter.

 

c) The information stating that the space is reserved for wheelchair users shall be conspicuously displayed.

 

d) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

 

13.1.4 Building Requirements

 

The specified facilities for the buildings for differently-abled persons shall be as follows :-

 

i)  Approach to plinth level

 

ii)  Corridor connecting the entrance/exit for the differently abled.

 

iii)  Stair-ways

 

iv)  Lift

 

v)  Toilet

 

vi)  Drinking Water.

 

i) Approach to plinth level : Every building should have at least one entrance accessible to the differently abled, which shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry.

 

ii) Ramped Approach: The ramp shall be finished with non-slip material to enter the building. The minimum width of the ramp shall be 1800mm. with a maximum gradient of 1: 12. The length of the ramp shall not exceed 9.0 m. It shall have an 800 mm. high handrail on both sides extending 300 mm beyond the top and bottom of the ramp. The minimum gap from the adjacent wall to the hand rail shall be 50 mm.

 

iii) Stepped Approach :- For the stepped approach, the size of the tread shall not be less than 300 mm. and the maximum riser shall be 150 mm. Provision of 800 mm. high hand rail on both sides of the stepped approach similar to the ramped approach.

 

iv) Exit/Entrance Door :- Minimum & clear opening of the entrance door shall be 900 mm. and it shall not be provided with a step that obstructs the passage of a wheel chair user. Threshold shall not be raised more than 12 mm.

 

v) Entrance Landing :- Entrance landing shall be provided adjacent to the ramp with a minimum dimension of 1800 mm. x 2000 mm. The entrance landing that adjoins the top end of a slope shall be provided with floor materials to attract the attention of visually impaired persons (limited to coloured floor material whose colour and brightness are conspicuously different from that of the surrounding floor material or the material that emits different sound to guide visually impaired persons hereinafter referred to as “guiding floor material”). Finishes shall have a non-slip surface with a texture traversable by a wheelchair. Curbs, wherever provided, should blend to a common level.

 

vi) Corridor connecting the entrance/exit for the differently abled :- The corridor connecting the entrance/exit for the differently abled, leading directly outdoors to a place where information concerning the overall use of the specified building can be provided to visually impaired persons either by a person or by signs, shall be provided as follows :-

 

a)  Guiding floor materials or devices that emit sound to guide visually impaired persons shall be provided.

 

b)  The minimum width shall be 1500 mm.

 

c) In case there is a difference of level, slope ways shall be provided with a slope of 1 : 12.

 

d) Handrails shall be provided for ramps/slope ways.

 

vii) Stair-ways - One of the stair-ways - near the entrance/exit for the differently abled shall have the following provisions :-

 

a)  The minimum width shall be 1350 mm.

 

b) The height of the riser shall not be more than 150 mm. and the width of the tread 300 mm. The steps shall not have abrupt (square) nosing.

 

c)  Maximum number of risers on a flight shall be limited to 12.

 

d) Handrails shall be provided on both sides and shall extend 300 mm. on the top and bottom of each flight of steps.

 

viii) Lifts - Wherever a lift is required as per regulations, provision of at least one lift shall be made for the wheelchair user with the following cage dimensions of lift recommended for a passenger lift of 13 person capacity of Bureau of Indian Standards.

 

Clear internal width1100 mm.
Clear internal width2000 mm.
Entrance door width900 mm.

 

a)  A handrail not less than 600 mm. long at 1000 mm. above floor level shall be fixed adjacent to the control panel.

 

b)  The lift lobby shall be of an inside measurement of 1800 mm. x 1800 mm. or more.

 

c)  The time of an automatically closing door should be a minimum of 5 seconds and the closing speed should not exceed 0.25 m./sec.

 

d)  The interior of the cage shall be provided with a device that audibly indicates the floor, the cage has reached indicates that the door of the cage of entrance/exit is either open or closed.

 

ix) Toilets :- One special W.C. in a set of toilets shall be provided for the use of differently abled with the essential provision of washbasin near the entrance for the handicapped.

 

a) The minimum size shall be 1500 mm. x 1750 mm.

 

b) Minimum clear opening of the door shall be 900 mm. and the door shall swing out.

 

c) A suitable arrangement of vertical/horizontal handrails with 50 mm. clearance from the wall shall be made in the toilet.

 

d)  The W.C. seat shall be 500 mm. from the floor.

 

x) Drinking Water :- Suitable provision of drinking water shall be made for the differently abled near the special toilet provided for them.

 

xi) Designing for Children :- In the buildings meant for the pre-dominant use of the children, it will be necessary to suitably alter the height of the handrail and other fittings & fixtures, etc.

 

Explanatory notes :-


1) Guiding / Warning Floor Material :

 

The floor material to guide or to warn the visually impaired persons with a change of colour or material with conspicuously different texture and easily distinguishable from the rest of the surrounding floor materials is called guiding or warning floor material. The material with different textures gives audible signals with sensory warnings when a person moves on this surface with a walking stick. The guiding/warning floor material is meant to give a directional effect or warn a person at critical places. This flooring material shall be provided in the following areas :-

 

a) The access path to the building and to the parking area.

 

b) The landing lobby towards the information board, reception, lifts, staircases and toilets.

 

c)  Immediately at the beginning/end of the walkway where there is a vehicular traffic.

 

d) At the location abruptly changing in level or beginning/end of a ramp.

 

e) Immediately in front of an entrance/exit and the landing.

 

2) Proper signage :-

 

Appropriate identification of specific facilities within a building for the differently abled persons should be done with proper signals. Visually impaired persons make use of other senses such as hearing and touch to compensate for the lack of vision, whereas visual signals benefit those with hearing disabilities.

 

Signs should be designed and located so that they are easily legible by using suitable letter sizes (not less than 20 mm. high). For visually impaired persons, an information board in brail should be installed on the wall at a suitable height and it should be possible to approach them closely. To ensure safe walking, there should not be any protruding sign which creates obstruction in walking. Public Address System may also be provided in busy public areas.

 

The symbols/information should be in contrasting colours and properly illuminated because people with limited vision may be able to differentiate between primary colours. International Symbol Mark for wheel chair be installed in a lift, toilet, staircase, parking areas, etc., that have been provided for the differently abled.

 

Blog 1
Alternatives Materials, Methods of Design & Construction and Tests in UDCPR 2020

UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services 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. 12.3 Alternatives Materials, Methods of Design, Construction and Tests

 

1) The provision of the regulations is not intended to prevent the use of any material or method of design or construction, not specifically prescribed by the regulations, provided any such alternative has been approved.

 

2) The provision of these regulations is also not intended to prevent the adoption for architectural planning and layout conceived as an integrated development scheme.

 

3) The authority may approve any such alternative provided it is found that the proposed alternative is satisfactory and conform to the provisions of relevant parts regarding material, design, and construction and that material, method or work offered is, for the purpose intended, at least equivalent to that prescribed in the rules in quality, strength, compatibility, effectiveness, fire rating and resistance, durability and safety.

 

4) Tests : Whenever there is insufficient evidence of compliance with the provisions of the regulations of evidence that any material or method of design or construction does not conform to the requirements of the rules or in order to substantiate claims for alternative materials, design or methods of construction, the Authority may require tests sufficient in advance as proof of compliance. These tests shall be made by an approved agency at the expense of the owner.

 

5) The test method shall be as specified by the regulations for the materials or design or construction in question. If there are no appropriate test methods specified in the regulations, the Authority shall determine the test procedure. For methods of testing for building materials, references may be made to relevant Indian standards as given by the National Building Code of India, published by the Bureau of Indian Standards. The latest version of the National Building Code of India shall be taken into account at the time of enforcement of these rules.

 

6) Copies of the results of all such tests shall be retained by the authority for a period of not less than two years after the acceptance of the alternative material.

 

Related Regulations

 

You can visit our other blogs related to Regulations 12 through the below-mentioned links

 

Signs and Outdoor Display Structures in UDCPR 2020

 

Drainage and Sanitation Requirements in UDCPR 2020

 

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

 

Building Services in UDCPR 2020

 

Quality of Materials and Workmanship in UDCPR 2020

 

Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display, and Other Services in UDCPR 2020

 

Blog 1
Building Services in UDCPR 2020

UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services 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. 12.4 Building Services

 

1) The planning, design, and installation of electrical installations, air-conditioning, and heating work shall be carried out in accordance with Part-8 - Building Services, Section-2 - Electrical and allied Installations, Section-3 - Air Conditioning, heating and mechanical ventilation of National Building Code of India, amended from time to time.

 

2) The planning design including the number of lifts, type of lifts, capacity of lifts depending on the occupancy of the building; population on each floor based on occupant load, and height of the building shall be in accordance with Section-5 - installation of Lifts and Escalators of National Building Code of India, amended from time to time. In existing buildings, in case of a proposal for one additional floor, the existing lift may not be raised to the additional floor.

 

3)  The lifts shall be maintained in working order properly.

 

Related Regulations

 

You can visit our other blogs related to Regulations 12 through the below-mentioned links

 

Drainage and Sanitation Requirements in UDCPR 2020

 

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

 

Alternatives Materials, Methods of Design & Construction, and Tests in UDCPR 2020

 

Signs and Outdoor Display Structures in UDCPR 2020

 

Quality of Materials and Workmanship in UDCPR 2020

 

Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display, and Other Services in UDCPR 2020

 

Blog 1
Quality of Materials and Workmanship in UDCPR 2020

UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, and Other Services 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. 12.2 Quality of Materials and Workmanship

 

1)  All materials and workmanship shall be of good quality conforming generally to accepted standards of the Public Works Department of Maharashtra and Indian Standard Specifications and Codes as included in Part-5 - Building Materials and Part-7 - Construction Practices and Safety of National Building Code of India, amended from time to time

 

2)  All borrow pits dug in the course of construction and repair of buildings, roads, embankments, etc. shall be deep and connected with each other in the formation of a drain directed towards the lowest level and properly stopped for discharge into a river stream, channel or drain, and no person shall create any isolated borrow pit which is likely to cause accumulation of water which may breed mosquitoes.

 

Related Regulations

 

You can visit our other blogs related to Regulations 12 through the below-mentioned links

 

Drainage and Sanitation Requirements in UDCPR 2020

 

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

 

Alternatives Materials, Methods of Design & Construction, and Tests in UDCPR 2020

 

Building Services in UDCPR 2020

 

Signs and Outdoor Display Structures in UDCPR 2020

 

Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display, and Other Services in UDCPR 2020

 

Blog 1
Manner of Development of Reserved Site in Development Plan (Accommodation Reservation Principle) 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.

 

11.0 General

 

These regulations shall be applicable for the areas within the jurisdiction of planning authorities, unless otherwise specified.

 

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

 

The use of lands situated within the limits of the Planning Authority which have been reserved for certain purposes in the Development Plan, shall be regulated in regard to type and manner of development/redevelopment according to the provisions mentioned in following Table No.11-A.

 

When the owner is allowed to develop a reservation, he should have exclusive ownership/title of the land without any restriction under any other Act or Regulations in force.

 

Table No.11-A - Manner of Development

ReservationPerson / Authority who may acquire/ developPrinciple For Development through Accommodation Reservation subject to which development is permissible
123
1) Recreational -
1.1) Open reservations like Garden, Playground, Children PG, Open Space, Recreation Ground, Recreational Centre, Park, etc.Planning Authority/Appropriate Authority/Owner

Planning Authority may acquire the land and develop the same for the purpose. If the Land under reservation is owned by any Government agency/Authority, in such cases the Planning Authority may allow such Government agency/Authority to Develop full reservation for the said purpose subject to condition as may be decided by the Authority, and such Developed Amenity shall be open to the general Public.

 

OR

 

The Authority, after handing over of 70% of the land of the reservation to the planning authority by the owner free of cost and free from all encumbrances, may allow him to develop the remaining 30% of land as per adjoining use, subject to the following terms/conditions:-

 

i) The owner shall be entitled to develop the remaining 30% of land for the uses permissible in adjoining zones with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

ii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI as mentioned in Sr.No.(i) above), to be utilized as per TDR Regulations.

 

iii) The reservation shall be allowed to be developed in parts. However, it shall be ensured that the Garden and Playground area to be handed over to the Authority shall be a minimum of 1000 sq.m.

1.2) Stadium, Sports Complex, etc.Planning Authority/Appropriate AuthorityPlanning Authority/Appropriate Authority shall acquire the land and develop the same for the purpose.
1.3) Swimming Tank/Swimming PoolPlanning Authority/Appropriate Authority/Owner

The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.

 

OR

 

The Planning Authority/Appropriate Authority after acquiring the land or after acquiring and developing the same, as the case may be, leases out as per the provisions of the Municipal Councils/Municipal Corporations/Authority Act, to the Registered Public Institution for developing and running or only for running the same.

 

OR

 

The Owner may be allowed to develop according to the designs; specifications and conditions prescribed by the Authority and run the same.

2) Public Utilities

a) Cremation Ground

 

b) Burial Ground


c) SlaughterHouse


d) Sewerage Treatment Plant

 

e) Water Treatment Plant

 

f) Water Tank

Planning Authority/Appropriate AuthorityThe Planning Authority/Appropriate Authority shall acquire the land and develop the reservation for the same purpose.
3) Commercial

3.1) Market and Mandies -

 

a) Weekly Market

b) Vegetable Market

c) Open Market.

d) Hawkers Market

 

3.2) Shopping centres-

 

a) ShoppingCentre,

b) Commercial Complex,

c) District Commercial Centre,

c) Municipal Market

d) Fish Market

e) District Commercial (C-2) etc.

Planning Authority/Appropriate Authority/Owner

The Planning Authority/Appropriate Authority shall acquire the land and develop the reservation for the same purpose.

 

OR

 

i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of the total area, mentioned in Note - 1 below this table & as per norms prescribed by the Authority.

 

ii) The owner shall be entitled to develop the remaining land for the uses permissible in adjoining zones with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.

 

iv) Reservation may be allowed to be developed in parts.

4) Health Facility

a) Health Centre 

 

b) Hospital


c) Dispensary

 

d) Maternity Home

 

e) Veterinary

Hospital/Clinic

 

f) Urban Health Centre

 

g) Rural Hospital and like

Planning Authority/Appropriate

The Planning Authority / Appropriate Authority may acquire and develop the reservation site for the same purpose.

 

OR

 

The owner may be allowed to develop the entire reservation for the intended purpose only.

 

OR

 

i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authorityan independent plot along with constructed amenity of total area, mentioned in Note -1 below this table & as per norms prescribed by the Authority.

 

ii) The owner shall be entitled to develop remaining land for the uses permissible in adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilised as per TDR Regulations.

 

iv) Reservation may be allowed to be developed in parts.

5) Transportation

5.1) Depots and Stands

 

a)  Bus Stand

 

b)  Bus Depot etc.

 

c)  Metro Car Shed

 

d)  MRTS Station

Planning Authority/Appropriate Authority/Owner

The Planning Authority/Appropriate Authority may acquire and develop the reservation site for the same purpose.

 

OR

 

The owner may be allowed to develop the entire reservation for the intended purpose. 

 

OR


i) The Authority may allow the owner to

develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of total area, mentioned in Note-1 below this table& as per norms prescribed by the Authority. The Authority shall ensure that the constructed amenity to be handed over is of proper size and utilisable for the said use.

 

ii) The owner shall be entitled to develop the remaining land for the uses permissible in adjoining zones with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

iii) The Authority if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilised as per TDR Regulations.

 

iv) In the case of a Bus Stand/Bus Depot, at least 40% of the area shall be kept for parking/ movement of buses.

 

v) Reservation may be allowed to be developed in parts.

5.2) Roads ProposedPlanning Authority/Appropriate Authority/Owner

The Planning Authority/Appropriate Authority shall acquire the land and develop the reservation for the same purpose.

 

OR

The Authority may allow the owner to develop the new Development Plan road, along with the construction of the road as per the specifications given by the Authority. After handing over the said constructed road along with the land under the proposed road to the Authority, the owner shall be entitled for TDR and Amenity TDR. The cost incurred for the construction of the road shall be calculated on the basis of the District Schedule of Rates of the Public Works Department.

5.3) ParkingPlanning Authority/Appropriate Authority/Owner

The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.

 

OR

 

The Planning Authority/Appropriate Authority after acquiring the land or after acquiring and developing the same, as the case may be, is leased out as per the provisions of the Municipal Corporations Act, to the Registered Public Institution for developing and running or only for running the same.

 

OR

 

The owner may be allowed to develop the entire reservation for public parking and he shall maintain it for public parking forever. Agreement to that effect shall be executed with the Authority by the owner.

 

OR

 

The Owner may be allowed to develop an area of the reservation, subject to the following :-

 

i) The owner shall develop a parking space according to the designs, specifications and conditions prescribed by the Authority and hand over the constructed parking area equal to the reservation area, to the Authority.

 

ii) The operation and the maintenance of the facility will be decided by the Authority.

 

iii) Parking spaces may be in the basement or on stilts or on the first/second floor with separate entry & exit.

 

iv) After handing over the above-said parking area to the Planning Authority, the owner shall be entitled to construct with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot for other permissible users in that zone.

 

v) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as TDR Regulations.

 

 vi) Reservation may be allowed to be developed in parts, if the area under such part reservation is 50% or more, out of the total area of the reservation.

5.4) Truck Terminus or similarPlanning Authority/Appropriate Authority/Owner

The Planning Authority/Appropriate Authority may acquire and develop the reservation site for the same purpose.

 

OR

 

The owner may be allowed to develop the entire reservation for the intended purpose.

 

OR

 

i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of total area, mentioned in note-1 below this table &as per norms prescribed by the Authority.

 

ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilised as per TDR Regulations.

 

iv) Reservation may be allowed to be developed in parts.

6 ) Authority anEducational

(a) Primary School

(b) High School 

(c) College

Planning Authority/Appropriate Authority/Registered Educational Institution Trust/Owner

The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.

 

OR

 

The Planning Authority/Appropriate Authority after acquiring land or after acquiring and constructing the building on it, as the case may be, leases out the same as per the provisions of the Municipal Councils/Municipal Corporations/Authority Act, to the Registered Public Educational Institution trust for developing and running or only for running the same.

 

OR

 

The owner may be allowed to develop the reservation for the same purpose. The Registered Public Educational Institution trust on behalf of the owner may also be allowed to develop subject to terms/conditions as prescribed by the Authority.

 

OR

 

i) The Authority may allow the owner to develop the reservation, subject to handing over to the Authority an independent plot along with constructed amenity of total area, mentioned in Note- 1 below this table & as per norms prescribed by the Authority.

 

ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI) to be utilized as per TDR Regulations.

 

iv) Reservation may be allowed to be developed in parts. However, it shall be ensured that a school or college of proper size is constructed. It shall be ensured that the Primary School and High School area to be handed over to the Authority shall be a minimum of 2000 sq.m.

(c) Educational ComplexPlanning Authority/Appropriate Authority/Land Owner

The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.

 

OR

 

The Planning Authority/Appropriate Authority after acquiring land or after acquiring and constructing the building on it, as the case may be, leases out the same as per the provisions of the Municipal Corporations Act, to the Registered Public Educational Institution Trust for developing and running or only for running the same.

 

OR

 

The owner may be allowed to develop the reservation for the same purpose. The Registered Public Educational Institution trust on behalf of the owner may also be allowed to develop subject to terms/conditions as prescribed by the Authority.

 

OR

 

If the area of the Educational Complex reservation is more than 1.00 Ha. then,

i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of the total area, mentioned in Note-1 below this table & as per norms prescribed by the Authority.

 

ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.

 

iv) Reservation may be allowed to be developed in parts.

7) Residential

a) Public Housing /EWS/LIG Housing.


b) High Density

Housing.

 

c) Housing for Dis-housed.

 

d) Reservation similar as above.

Planning Authority/Appropriate Authority/Owner

The Planning Authority/Appropriate Authority may acquire the reserved land and develop it for the same purpose.

 

OR

 

i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed tenements of not more than 30 sq.m. carpet area each to the Authority, mentioned in Note-1 below this table & as per norms prescribed by the Authority.

 

ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.

 

iv) The Planning Authority/Appropriate Authority shall allot such tenement on priority to the persons dispossessed by the implementation of the Development Plan.

 

v) Reservation may be allowed to be developed in parts.

 

OR

 

The Authority may allow the owner to develop the reservation, subject to -


a) Handing over of 40% of land to the Authority in lieu of FSI/TDR, for laying out plots for EWS/LIG. The owner shall thereafter be entitled to develop the remaining plot as per the uses permissible in the residential zone with permissible FSI / TDR potential of the entire plot on the remaining plot without taking into account the area handed over to the Planning Authority.

 

b) The Planning Authority/Appropriate Authority shall prepare a layout for EWS/LIG plots and allot such plots on priority to the persons dispossessed by the implementation of the Development Plan. The Planning Authority may construct EWS/LIG tenements on such land.

8) Assembly and Institutional  

a) Town Hall


b) DramaTheatre


c) Auditorium


d) Samaj Mandir


e) Community Hall


f) Multipurpose Hall


g) Library


h) Town Centre


i) Town Sub-Centre etc

Planning Authority/Appropriate Authority/Owner

The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.

 

OR

 

The Planning Authority/Appropriate Authority after acquiring the land or after acquiring and developing the same, as the case may be, leases out as per the provisions of the Authorities' Act to a Registered Public Institution to develop and run or only for running the same.

 

OR

 

The owner may be allowed to develop the entire reservation for the intended purpose only.


OR

 

i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of the total area, mentioned in Note-1 below this table & as per norms prescribed by the Authority.

 

ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.

 

iv) Reservation may be allowed to be developed in parts.

9) Public-Semi public

a) Govt. Offices


b) Fire Brigade Station

 

c) Reservations similar to above.

Planning Authority/Appropriate Authority /Owner

The Planning Authority/Appropriate Authority may acquire and develop the reservation site for the same purpose.

 

OR

 

i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority independent plot along with constructed amenity of total area, mentioned in Note - 1 below Table & as per norms prescribed by the Authority.

 

ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.

 

iv) Reservation may be allowed to be developed in parts.

10) Reservations of composite nature like Vegetable Market & Shopping Centre, Town Hall & Library, etc.Planning Authority/Appropriate Authority /Owner

The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.

 

Explanation - For the reservation of composite nature, proposed in the Development Plan except for Town Hall & Library, the area of each user shall be considered equal i.e. 50 - 50%, and for Town Hall & Library, the area of the Library shall be 10% of the 

area of Town Hall and such area shall be allowed to be developed as per the norms applicable for such reservation as mentioned in these regulations.

11) Reservations that are not included in these regulations but are compatible with other similar types of reservation.Planning Authority/Appropriate Authority /Owner

The Planning Authority/Appropriate Authority may acquire the reserved land and develop it for the same purpose.

 

OR

 

The development permissions for such type of user under this Regulation may be granted by the Authority in consultation with the Divisional Joint Director of Town Planning, subject to verification of compatibility of both the users and as per the norms applicable for such reservation as mentioned in these regulations.

12) For other buildable reservations shown in the Development Plan that are not covered abovePlanning Authority/Appropriate Authority /Owner

The Planning Authority/Appropriate Authority may acquire and develop the reservation site for the same purpose.

 

OR

 

i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of the total area, mentioned in Note - 1 below this table & as per norms prescribed by the Authority.

 

ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.

 

iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.

 

iv) Reservation may be allowed to be developed in parts.

13) Reservations for the Appropriate Authority other than the Planning AuthorityPlanning Authority/Appropriate Authority /Owner

The Planning Authority/Appropriate Authority may acquire the reserved land and develop it for the same purpose.

 

OR

 

The Authority may allow the owner to Develop the reservation subject to the condition that;

 

i) Wherever the reservation is to be developed by the Appropriate Authority other than the Municipal Corporation, No Objection Certificate from the Appropriate Authority shall be obtained before granting development permission.

 

ii) The concerned Appropriate Authority (other than the State Government Department) shall deposit the cost of construction for the built-up area to be handed over to it, as per the Annual Statement of Rates with the Planning Authority. However, the Authority shall hand over such constructed area to the State Government / concerned State Government Department free of cost.

 

General conditions/notes to allow development under the above regulations :-

 

i) The percentage of land and construction of amenities to be surrendered to the Authority as per above mentioned regulations for various authorities, shall be as below :-

 

Sr. No. of above TableReservationType of AuthorityPercentage of total land to be surrendered free of cost & free from encumbrancesPercentage of constructed amenities of the total land area to be surrendered free of cost & free from
12345
3CommercialA, B, C Class Municipal Corporations and Development Authorities4050
4Health Facility
5TransportationD Class Municipal Corporations & A Class Municipal Councils.4025
7Residential
8Assembly & InstitutionalB & C Class Municipal Councils and Nagar Panchayats.3020
9Public-Semi public
12Other Buildable Reservations
5.4Truck Terminus or SimilarA, B, C Class Municipal Corporations and Development Authorities.4010
  D Class Municipal Corporations & A Class Municipal Councils.307
  B & C Class Municipal Councils and Nagar Panchayats205
5.1Bus StandA, B, C Class Municipal Corporations and Development Authorities5020
  D Class Municipal Corporations & A Class Municipal Councils4015
  B & C Class Municipal Councils and Nagar Panchayats4010
6EducationA, B, C Class Municipal Corporations and Development Authorities4050
  D Class Municipal Corporations & A Class Municipal Councils4040
  B & C Class Municipal Councils and Nagar Panchayats4030

 

ii) The owner shall be entitled to Amenity TDR against the construction of amenity, if any, as per TDR Regulation.

 

iii) The word 'Authority' means Municipal Commissioner of Municipal Corporation, Chief Officer of Municipal Council, Metropolitan Commissioner of Metropolitan Development Authority, or Chief Executive Officer of the concerned Authority.

 

iv) If the area of reservation is not adequate to construct an independent building as mentioned above OR When it is not possible to hand individual plots along with public amenities, then in such cases Authority may allow composite building on said land subject to the condition that the built-up area mentioned as above may be allowed to be handed over to the Planning Authority or Appropriate Authority, as the case may be, preferably on the ground floor and subject to payment of premium (1) for the land required to be handed over to Authority at the rate of 40% of land rate in ASR, without considering the guidelines therein. If the ground floor is utilized for parking, then such a built-up area shall be given on the stilt/first floor with separate entry & exit from Public Street. In such cases, the built-up area (along with a proportionate undivided share in land) shall be handed over to the Planning Authority or Appropriate Authority, as the case may be.

 

v)  In case of the development of reservation of a Bus Stand at Sr.No.5.1, the construction area for allied activities and uses permissible in the Residential Zone may be allowed to be constructed up to FSI of 2.00 of the surrendered plot with the consent of the owner. In such cases, the owner shall be entitled to amenity TDR to that extent. If the plot along with construction is handed over to MSRTC, the regulations applicable to the plot owned by MSRTC shall be applicable to the said plot.

 

vi) If the owner desires to construct an area of amenity more than what is mentioned above table up to maximum building potential as per Regulation No.6.1, Table 6-A or Regulation No.6.3, Table 6-G, as the case may be, with the consent of the authority, then he shall be entitled for amenity TDR to that extent.

 

vii) It shall be obligatory for the Authority to make a registered agreement with the developer/owner at the time of granting the development permission subject to terms and conditions as it deems fit. Occupancy Certificate shall be issued only after compliance of all terms & conditions and getting possession of the constructed amenity.

 

viii) The area/built-up area to be handed over to the Planning Authority under these Regulations shall be earmarked on the sanctioned building plan clearly mentioning the same. After completion of construction, the said amenity shall be handed over by executing the deed of transfer in this respect and expenses thereon shall be borne by the owner. The occupation certificate to the construction belonging to the owner shall be granted only after handing over said amenity to the Planning Authority. The constructed amenity shall be made available to the general public by the Authority within 3 months from possession.

 

ix) In cases, where permission for development under the accommodation reservation principle is already granted as per earlier regulations, the same shall continue to be valid till the completion of construction.

 

x) Provisions of Regulations of Inclusive Housing and amenity Space, if any, shall not be applicable for development under this Regulation. Moreover Regulation of required recreational open space shall not be applicable for the development of reservations other than for Residential purposes as mentioned in Sr.No.7.

 

xi) Notwithstanding anything contained in these regulations, there shall be no cap for utilization of available in-situ FSI/and Premium FSI and TDR potential of the entire plot on the remaining plot.

 

xii) Once the sanction is granted under this regulation, the owner/developer shall have to complete the development and hand over the developed reservation to the Authority within the period as specified by the Authority. Thereafter Authority may levy a penalty for any delay.

 

xiii)  The development permissions granted under the provisions of Accommodation Reservation provisions and full & final occupation certificate is issued, in such cases the portion/location designated for respective reservation is continued to be in the said reservation, and the rest of the land on which residential/commercial development permission is granted is deemed to be converted into residential/commercial zone to the extent of that area.

 

xiv)  Where appropriate authority for the development of reservation is other than the planning authority, then such appropriate authority may be consulted for the usefulness of the constructed amenity to be handed over, before granting the development permission.

 

xv)  In the case of Nagpur Municipal Corporation, for the development of commercial reservation at Sr.No.3 of Table No.11-A, FSI permissible for the development of reservation shall be as per Regulation No.10.3.1. In such case the construction area to be handed over to the authority shall be 1.5 times of the plot area to be handed over and the owner shall be entitled to utilize entire potential of a reserved plot as per Regulation No.10.3.1.

 

xvi)  This regulation shall not be applicable for the development of amenity space to be provided as per Regulation No.3.5 and Regulation No.4.8.1.

 

xvii) The norms mentioned above in note (i) for B and C class Municipal Councils, shall apply to non-Municipal Town Development Plans also.

 

Related Regulations to Rule No. 11- 

 

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

 

Regulations for Grant of Transferable Development Rights in UDCPR 2020

 

Blog 1
Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display and Other Services in UDCPR 2020

UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services 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. 12.1 Structural Design

 

The structural design of foundations, elements made of masonry, timber, plain concrete; reinforced concrete, pre-stressed concrete, and structural steel shall be carried out in accordance with Part 6. Structural Design Section-1 - Loads, courses and Effects, Section 2 - Soils and Foundation, Section 3 - Timber and Bamboo, Section 4 - Masonry, Section 5 - Concrete, Section 6 - Steel, Section 7 - Prefabrication, Systems Building and mixed/composite construction of National Building Code of India, amended from time to time. Proposed construction shall be as per the norms as specified by the Bureau of Indian Standards, for the resistance of earthquake, Fire Safety, and natural calamities. A certificate to that effect shall be submitted by the Licensed Structural Engineer of the developer/land owner, along with the proposal for development permission, as prescribed in these Regulations.

 

Related Regulations

 

You can visit our other blogs related to Regulations 12 through the below-mentioned links

 

Drainage and Sanitation Requirements in UDCPR 2020

 

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

 

Alternatives Materials, Methods of Design & Construction, and Tests in UDCPR 2020

 

Building Services in UDCPR 2020

 

Quality of Materials and Workmanship in UDCPR 2020

 

Signs and Outdoor Display Structures in UDCPR 2020

 

Blog 1
Grant or Refusal of Permission in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate as per mentioned in the UDCPR 

 

This is Applicable to all Planning Authorities and Regional Plan Areas except the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limits of the 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. 2.6 Grant or Refusal of Permission

 

2.6.1 General

 

i) After receipt of the notice/application as mentioned in Regulation No.2.2.1 above, the Authority may either sanction or refuse the plans or may sanction them with such modifications or directions as it may deem necessary after having recovered the necessary charges/fees. It thereupon shall communicate its decision to the person giving the notice in the prescribed form given in Appendix D1/D2/D3 and E1/E2, as the case may be.

 

ii) In the case of special buildings, the building scheme shall also be subject to the scrutiny of the Chief Fire Officer of the Local / Planning Authority or Director of Fire Services, as the case may be, and the sanction development permission shall be issued by the Authority after the clearance from him.

 

iii) In the case of land subdivision or plotted layout, a tentative layout shall be recommended for demarcation at the first instance. After having demarcated the layout, the owner shall submit the layout as measured by the Land Records Department for final approval to the Authority. The Authority shall examine and grant final approval to the measured layout if it conforms to the regulations and is broadly in accordance with the tentative layout without any departures of a substantial nature. This shall also be mandatory for Group Housing Schemes where roads in the adjoining layouts / Development Plan roads/Regional Plan roads are to be coordinated and/or amenity space/s are to be earmarked.

 

iv)  After the plan has been scrutinized and objections have been pointed out, the owner giving notice shall modify the plan, comply with the objections raised and resubmit it. The prints of plans submitted for final approval, shall not contain superimposed corrections. The authority shall grant or refuse the commencement certificate/building permit within 60 days from the date of resubmission. No new objections may generally be raised when they are resubmitted after compliance with earlier objections, except in circumstances to be quoted for additional compliances.

 

v)  After the development permission is granted by the Authority, it shall be displayed alongwith the plans on the website of the Authority, wherever such website is available.

 

2.6.2 Deemed Permission

 

If within sixty (60) days of receipt of the notice, along with necessary permission fees under the regulations, the Authority fails to intimate in writing to the person, who has given the notice; of its refusal or sanction or sanction with such modifications or directions, the notice with its plan and statements shall be deemed to have been sanctioned, provided nothing shall be construed to authorize any person to do anything on the site of the work in contravention or against the terms of lease or titles of the land.

 

Provided that, the development proposal, for which the permission was applied, is strictly in conformity with the requirements of these regulations or regulations framed in this behalf under any law for the time being in force and the same in no way violates either provisions of any draft or final Development Regional Plan/Planning Proposal or proposals published by means of notice, submitted for sanction under the Act. Provided further that any development carried out in pursuance of such deemed permission which is in contravention of the above provisions, shall be deemed to be an unauthorized development for purposes of Section 52 to 57 of the Maharashtra Regional and Town Planning Act, 1966 and other relevant Acts.

 

Provided further that, upon receipt of intimation of any claim for deemed permission the Authority shall within fifteen days from the date of receipt of such claim, communicate its remarks, if any, regarding deemed permission to the applicant, failing which, the proposal shall be approved and commencement certificate along with one set of duly approved plans for proposed development shall be issued to the applicant within fifteen days thereafter.

 

Provided further that, a necessary explanation shall be called from the concerned officers of the Planning Authority for not processing and disposing of the proposal within 60 days and necessary action as per relevant provisions of the Act/Rules shall be initiated against the defaulter officer.

 

2.6.3 Approval of Building Permission on Risk-Based Classification

 

Notwithstanding Anything contained in this UDCPR, the approval to the Low or Moderate-risk category of constructions shall be governed as per the procedure given in Appendix - K.

 

2.6.4 Display of Sanctioned Permissions on the Authority's Website.

 

After sanctioning development permission, the authority shall make available all plans relating to such permission on its website, if available. Such documents shall be kept on the website till one month from the date of issuance of the last occupation certificate.

 

Related Regulations to Rule No. 2- 

 

You can visit our other blog on Regulation 2 through the below-mentioned links:

 

Commencement of Work in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Discretionary Powers Interpretation in UDCPR 2020

 

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

Blog 1
Commencement of Work in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate 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. 2.7 Commencement of Work

 

2.7.1 Commencement

 

The commencement certificate/development permission, as approved, shall remain valid for 4 years in the aggregate but shall have to be renewed every year from the date of its issue. The application for renewal shall be made before the expiry of one year if the work has not already commenced. Such renewal can be done for three consecutive terms of one year, after which proposals shall have to be submitted to obtain development permission. If application for renewal is made after the expiry of the stipulated period during which the commencement certificate is valid, then the Authority may condone the delay in submission of the application for renewal by charging fees at the rate of 1/3 of the amount as per Regulation No.2.2.12 per year, but in any case, commencement certificate shall not be renewed beyond 4 years from the date of commencement certificate/development permission.

 

Provided that, no such renewal shall be necessary if the work is commenced within the period of valid permission and such permission shall remain valid till the work is completed.
For the purpose of this regulation, "Commencement" shall mean as under :-

 

For the building work including additions and alterationsUpto plinth level or where there is no plinth up to the upper level of lower basement or stilt as the case may be.
For bridges and overhead tank constructionFoundation and work up to the base floor/underground floor
For underground works/Foundation and work up to the underground floor.
For layout, sub-division and amalgamationFinal demarcation and provision of water bound macadam roads complete.

 

2.7.2 Development of Land Sub-division/Group Housing Schemes

 

In the case of land subdivision/group housing schemes, it shall be the responsibility of the owner/developer to construct all infrastructure including roads with storm water drains, sewer lines, water supply lines, development of recreational open spaces, etc.

 

In case of land subdivision, these works shall generally be completed within two years and phase wise building permission shall be granted depending upon the percentage of infrastructure work completed. The layout plots should be released for construction in stages according to infrastructure work completed. The condition to that effect shall be incorporated in the development permission / commencement certificate.

 

In the case of a group housing scheme, these works shall be completed before the completion of the project, and an occupancy certificate shall be granted phase-wise as per the completion of infrastructure work.

 

After handing over roads and infrastructure to the Authority on completion of the scheme, the responsibility of maintenance of such roads and infrastructure shall lie with the Authority. However, internal roads and infrastructure in the group housing scheme shall be maintained by the owner/society.

 

Related Regulations to Rule No. 2- 

 

You can visit our other blog on Regulation 2 through the below-mentioned links:

 

Grant or Refusal of Permission in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Discretionary Powers Interpretation in UDCPR 2020

 

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

Blog 1
Various Regulations in Chapter 2 in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate as per mentioned in the UDCPR 

 

This is Applicable to all Planning Authorities and Regional Plan Areas except the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limits of the 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. 2.9 Completion Certificate

 

The owner through his Architect/licensed engineer/town planner/supervisor, as the case may be, who has supervised the construction, shall furnish a building completion certificate to the Authority in the form in Appendix - G. This certificate shall be accompanied by three sets of plans of the completed development, the certificate about the operation of the lift from consultant and certificate of structural stability, wherever necessary.

 

In case of special buildings, the Completion Certificate shall also be accompanied with the NOC from the Chief Fire Officer of the respective Authority or Director of Fire services, as the case may be.

 

Rule No. 2.10 Occupancy Certificate

 

The Authority after inspection of the work and after satisfying himself that there is no deviation from the sanctioned plans as mentioned in Regulation No.2.8.5, issues an occupancy certificate in the form in Appendix – H or refuses to sanction the occupancy certificate in Appendix - I within 21 days from the date of receipt of the said completion certificate, failing which the work shall be deemed to have been approved for occupation, provided the construction conforms to the sanctioned plans. One set of plans, certified by the Authority, shall be returned to the owner along with the occupancy certificate. Where the occupancy certificate is refused or rejected, the reasons for refusal or rejection shall be given in intimation of the rejection or the refusal The applicant may request for Deemed Occupancy Certificate, if eligible, as above. The Authority shall issue the Deemed Occupancy Certificate within 15 (fifteen) days of the application.

 

Rule No. 2.11 Part Occupancy Certificate

 

When requested by the holder of the development permission, the Authority may issue a part occupancy certificate for a building, or part thereof, before completion of the entire work as per development permission, provided sufficient precautionary measures are taken by the holder of the development permission to ensure public safety and health of the occupants and users of the said portion of the building. The part occupancy certificate shall be subject to the owners indemnifying the Authority in the form in Appendix 'J'.

 

Rule No. 2.12 Inspection

 

The Authority shall have the power to carry out inspection of the work under the provisions of the Act, at various stages to ascertain whether the work is proceeding as per the provisions of regulations and sanctioned plan.

 

Rule No. 2.13 Unsafe Buildings

 

All unsafe buildings shall be considered to constitute a danger to public safety and hygiene and sanitation and shall be restored by repairs or demolished or dealt with as otherwise directed by the Authority. The relevant provisions of the regulations/Act shall apply for the procedure of actions to be taken by the Authority for unsafe buildings.

 

Rule No. 2.14 Offences and Penalties

 

i)  Any person who contravenes any of the provisions of these regulations, any requirements

or obligations imposed on him by virtue of the Act or these regulations, shall :-

 

(a) Be guilty of an offence and upon conviction, shall be punished as stipulated in Section 52 of the Act.

 

(b) Be subject to further suitable actions including demolition of unauthorized works, as stipulated under Sections 53 and 54 of the Act.

 

(c) Where such person is a Licensed Engineer/Structural Engineer/Town Planner/Supervisor, be subject to suitable action against him which may include cancellation of license and debarring him from further practice/business for a period as may be decided by the Authority. Thereupon such Licensed Engineer/Structural Engineer/Town Planner/Supervisor shall be considered debarred for the respective district.

 

(d) Where such person is a registered Architect, be subject to action of the Council of Architecture as per the provisions of the Architects Act, 1972 based on the report of the Authority and debarring him from further practice/ business for a period as may be decided by the Authority.

 

ii) Any person who neglects any requirements or obligations imposed on him including the maintenance of fire protection services, appliances and lifts in working order or who interferes with or obstructs any person in the discharge of his duties shall be guilty of an offence as specified in Section 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and, upon conviction, shall be subject to penalties and other consequences spelt out in said Act.

 

Related Regulations to Rule No. 2- 

 

You can visit our other blog on Regulation 2 through the below-mentioned links:

 

Commencement of Work in UDCPR 2020

 

Grant or Refusal of Permission in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Discretionary Powers Interpretation in UDCPR 2020

 

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

Blog 1
Procedure During Construction in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate as per mentioned in the UDCPR 

 

This is Applicable to all Planning Authorities and Regional Plan Areas except the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limits of the 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. 2.8 Procedure During Construction

 

2.8.1  Owner/Developer/Architect/Town Planner/Engineer/Structural Engineer/supervisor or any licensed technical person's Responsibilities in their respective domain.

 

i) Neither granting of the development permission nor the approval of the drawings and specifications, nor the inspections, made by the Authority during the erection of the building shall, in any way relieve the Owner/Developer/Architect/Town Planner/Engineer/Structural Engineer/Supervisor or any licensed technical person, of such building/development from full responsibility for carrying out the work in accordance with the requirements of these regulations and safety norms as prescribed by the bureau of Indian Standards.

 

ii)  Every owner/developer shall :

 

a) Permit the Authority or his representative to enter the building or premises for which permission has been granted at any reasonable time to enforce these Regulations.

 

b) Submit the certificate for the execution of work as per structural safety requirements and give written notice to the Authority regarding the completion of work.

 

c) Give written notice to the Authority in case of termination of services of a Technical professional engaged by him.

 

2.8.2 Results of Test

 

Where tests of any materials are made to ensure conformity with the requirements of these regulations, records of the test data shall be kept available for inspection during the construction of the building and for such period thereafter as may be required by the Authority.

 

2.8.3 Display Board

 

As soon as the development/building permission is obtained, the owner/developer shall install a "Display Board" on a conspicuous place on-site indicating the following details :-

 

i)  Name and address of the owner, developer, and all concerned licensed persons

 

ii)  Survey number/city survey number of land under reference

 

iii)  Order number and date of grant of development/building permission/redevelopment permission issued by the Authority.

 

iv) Built-up area permitted

 

v)  RERA registration no

 

vi) Software QR Code for the Project generated in online building permission.
Such a Display Board shall not be required for individual plot holders' individual buildings.

 

2.8.4 Plinth Checking

 

The owner shall give intimation in the prescribed form in Appendix - F to the Authority after the completion of work up to the plinth level. This shall be certified by the Architect/licensed Engineer/Supervisor with a view to ensuring that the work is being carried out in accordance with the sanctioned plans. After such intimation, the construction work shall be carried out further. The officers of the Authority, who are empowered to grant development permission and subordinate officers to him, shall each, inspect about 10% of such plinth-certified cases.

 

2.8.5  Deviation During Construction

 

If during the construction of a building, any deviation of a substantial nature from the sanctioned plans is intended by way of internal or external additions, sanction of the Authority shall be necessary. A revised plan showing the deviation shall be submitted and the procedure laid down for the original plans shall apply to all such amended plans. Any work done in contravention of the sanctioned plans, without prior approval of the Authority, shall be deemed as unauthorized. However, any changes made within the internal layout of a residential or commercial unit, which does not violate FSI or other regulations, shall not be treated as unauthorized. Such changes shall be incorporated into the plan along with the completion certificate. Provided that revised permission may also be granted after the completion of work before obtaining a full occupancy certificate.

 

Related Regulations to Rule No. 2- 

 

You can visit our other blog on Regulation 2 through the below-mentioned links:

 

Commencement of Work in UDCPR 2020

 

Grant or Refusal of Permission in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Discretionary Powers Interpretation in UDCPR 2020

 

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

Blog 1
Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate 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. 2.4 Discretionary Powers - Relaxations In Specific Cases 

 

In specific cases where clearly demonstrable hardship is caused, the Authority may permit any of the dimensions/provisions prescribed by these regulations to be modified provided the relaxation sought does not violate the health safety, fire safety, structural safety, and public safety of the inhabitants of the buildings and the neighbourhood.

 

No relaxation in the setback required from the road boundary, FSI, or parking requirements shall be granted under any circumstances unless otherwise specified in these Regulations.

While granting permission under these regulations, conditions/restrictions/limitations may be imposed on the size, cost, or duration of the structure, the abrogation of the claim of compensation, payment of the deposit and its forfeiture for non-compliance, and payment of premium, as may be prescribed by the Authority, if required.

 

In Municipal Councils and Regional plans, such relaxation shall be granted in consultation with the Divisional Joint Director of Town Planning.


Notwithstanding anything contained in any Government Order, Government Resolution, Government Notification, etc. issued from time to time regarding powers of relaxation in Development Control and Promotional regulations, the above provision shall prevail.

 

Rule No. 2.5 Drafting Error

 

Drafting errors in the Development/Regional Plan, which are required to be corrected as per the actual situation on site or as per the city survey record or sanctioned layout etc. may be corrected by the Authority, after due verification, in case of Municipal Councils Regional Plan areas, this shall be done after consultation with the Divisional Joint Director of Town Planning.

 

Related Regulations to Rule No. 2- 

 

You can visit our other blog on Regulation 2 through the below-mentioned links:

 

Commencement of Work in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Grant or Refusal of Permission in UDCPR 2020

 

Discretionary Powers Interpretation in UDCPR 2020

 

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

Blog 1
Discretionary Powers Interpretation in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate 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. 2.3 Discretionary Powers - Interpretation 

 

In conformity with the intent and spirit of these Regulations, the Authority may by order in writing -

 

i) Decide on matters where it is observed that there is an error in any order, requirement decision, and determination of interpretation made by him or by an Officer authorized by him in the application of these Regulations.

 

ii) Decide the extent of the proposal of Development Plan/Regional plan with respect to S.No./Gut No./CTS No./Block No./Barrack No./Unit No., where boundaries shown on Development Plan / Regional plan varies with the boundaries as per revenue record/measurement plan / City Survey sheets etc.

 

iii) Determine and establish the location of zonal boundaries in cases of doubt or controversy.

 

iv) Decide the alignment of the Development Plan road/Regional plan road where the street layout actually on the ground varies from the street layout as shown on the Development Plan/Regional plan.

 

v) Correct the alignment of Blue and Red flood lines on the Development Plan/Regional plan where it varies with the said lines given by the Irrigation Department or any other Govt. institutions dealing with the subject, from time to time.

 

vi) Modify the limit of a zone where the boundary line of the zone divides a plot. In such cases, the zone covering an area of more than 50% shall be considered.

 

vii) Authorize the erection of a building or use of premises for a public service undertaking for public utility propose only, where he finds such an authorization to be reasonably necessary for the public convenience and welfare even if it is not permitted in any Land Use Classification.

 

viii) Interpret the provisions of these Regulations where there are clerical, or grammatical mistakes, if any.

 

Related Regulations to Rule No. 2- 

 

You can visit our other blog on Regulation 2 through the below-mentioned links:

 

Commencement of Work in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Grant or Refusal of Permission in UDCPR 2020

 

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

Blog 1
Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate 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. 2.2 Procedure for Obtaining Development Permission/Building Permission/Commencement Certificate

 

2.2.1 Notice/Application

 

Every person who intends to carry out development or redevelopment, erect or re-erect or make alterations in any place in a building or demolish any building, shall give notice/application in writing, through a registered Architect, Town Planner or Licensed Engineer/Supervisor, to the Authority of his said intention in the prescribed form (See Appendix AI or A2). It will be mandatory to submit complete information in the form accompanied with Appendix A-1 and A-2. Such notice shall be accompanied by the payment receipt of the required scrutiny fee and any other fee/charges prescribed by the Authority from time to time and the plans and statements in sufficient copies (See Regulation No.2.2.2), and as per the requirements under Regulation No. 2.2.2 to 2.2.1.9. One set of plans shall be retained in the office of the Authority for a record after the issue of permission or refusal. The plans may be submitted in electronic form as may be specified by the Authority from time to time. The Authority may set a date after which all submissions, approvals and communication in regard to development permission shall be online.

 

2.2.2 Information Accompanying Notice/Application

 

The Notice/Application shall be accompanied by the ownership title, key (location) plan, site plan, sub-division layout plan/ building plan, plans for services, specifications, and certificate of supervision, etc., as prescribed in these regulations. Ordinarily, four copies of plans and statements shall be made available along with the notice; however, the number of such copies required shall be as decided by the Authority.

 

2.2.3 Ownership title and area

 

Every application for development permission and commencement certificate shall be accompanied by the following documents for verifying the ownership and area, etc. of the land -

 

i) Latest 7/12 extracts or property register card of a date not earlier than six months before the date of submission of a development proposal, power of attorney, wherever applicable, or attested copy of lease deed of the concerned lessor authority, enabling ownership of the document. In the case of Ulhasnagar, a conveyance deed and/or sanad issued by the Revenue Authority may also be considered.

 

ii) Original measurement plan/city survey sheet of the land or lands under development proposal issued by the Land Record Department.

 

Provided that, where the City Survey of the whole Gaothan area is not done by the City Survey Department, in that case, the measurement plan authenticated by the Architect having signatures of adjacent plots/landholders may be acceptable.

 

iii) Statement of the area of the holding by triangulation method/CADD (Computer-Aided Design and Drafting Software) from the qualified licensed technical personnel or architect with an affidavit from the owner regarding the area in the form prescribed by the Authority.

 

iv) Any other document prescribed by the Authority.

 

v) In case of revised permission, wherever third party interest is created by way of registered agreement to sale or lease, etc. of the apartment, consent of such interested party/persons as specified under the RERA Act shall be submitted.

 

vi) A self-attested copy of sub-division/amalgamation/layout of land approved by the concerned authority, if any.

 

vii) In the case of land leased by the Government or Local Authorities, No Objection Certificate of Government or such Authorities shall be obtained if there is deviation from lease conditions and shall be attached to the application for development permission in respect of such land. Such No Objection Certificate shall also be necessary, where, the development proposal proposes to utilize FSI more than mentioned in the lease deed.

 

2.2.4 Key Plan or Location Plan

 

The key plan drawn to a scale of not less than 1:4000 shall be submitted along with the application for a Building Permit and Commencement Certificate showing the boundary locations of the site with respect to neighborhood landmarks or features within the radius of 200 m. from the site whichever is more.

 

2.2.5 

 

(a) Sub-division/Layout plan

 

In the case of the development of land, the notice shall be accompanied by the sub-division / layout plan which shall be drawn to a scale of not less than 1:500, however, for layout having areas 4.0 ha. and above, the plan shall be drawn at a scale of not less than 1:1000, containing the following :-

 

i) Scale including a graphical scale used and north point

 

ii) The location within the land of all proposed and existing roads with their existing/proposed widths and all the proposals of the Development Plan / Town Planning Scheme, if any

 

iii)  Dimension of plots

 

iv)  The location of drains, sewers, public facilities and services, electrical lines, Natural watercourses, water bodies and streams, etc.

 

v)  Table indicating size, area, and use of all plots in the sub-division/layout plan.

 

vi)  The statement indicating the total area of the site, area utilized under roads, recreational open spaces, playground, amenity space, and development plan reservation/roads, schools, shopping, and other public places along with their percentage with reference to the total area of the site proposed to be sub-divided/laid out.

 

vii)  In the case of plots that are sub-divided in built-up areas in addition to the above, the means of access to each sub-divided plot is from existing streets.

 

viii) Contour plan of the site, wherever necessary.

 

(b) Amalgamation Plan

 

Where two or more plots/holdings of the same or different owners are to be amalgamated, an amalgamation plan showing such amalgamation drawn to a scale of not less than 1:500 shall accompany the application. Instead of submitting a separate plan, such amalgamation may be allowed to be shown on the building/layout plan itself.

 

2.2.6  Site Plan

 

The site plan shall be submitted with an application for building permission drawn to a scale of 1:500 or more as may be decided by the Authority. This plan shall be based on the measurement plan duly authenticated by the appropriate officer of the Department of Land Records. This plan shall have the following details :-

 

i) Boundaries of the site and of any contiguous land belonging to the neighboring owners.

 

ii) Position of the site in relation to neighboring streets.

 

iii) Name of the street, if any, from which the building is proposed to derive access.

 

iv) All existing buildings contained in the site with their names (where the buildings are given names) and their property numbers.

 

v) Position of the building and of other buildings, if any, which the applicant intends to erect, upon his contiguous land referred to in (i) above.

 

vi) Boundaries of the site and, in a case where the site has been partitioned, boundaries of the portions owned by others.

 

vii) All adjacent streets, buildings (with a number of storey and heights), and premises within a distance of 12.0 m. of the work site and of the contiguous land (if any) referred to in (i). If there is no street within a distance of 12.0 m. of the site, the nearest existing street with its name.

 

viii) Means of access from the street to the building and to all other buildings (if any) which the applicant intends to erect upon.

 

ix) Space is to be left around the building to secure free circulation of air, admission of light, and access.

 

x) The width of the street (if any) in front and the street (if any) at the side or near of the building, including proposed roads.

 

xi) The direction of the north line relative to the plan of the building.

 

xii) Any existing physical features, such as wells, tanks, drains, pipelines, high tension lines, railway lines, trees, etc.

 

xiii) Overhead electric supply lines, if any, including space for electrical transformer/substation according to these Regulations or as per the requirements of the electric distribution company.

 

xiv) Any water course existing on-site or adjacent to the site.

 

xv)  Existing alignments of water supply and drainage lines.

 

xvi)  Such other particulars as may be prescribed by the Authority.

 

2.2.7  Building plan

 

The plans of the buildings and elevation and section to be sent with the application accompanying the notice shall be drawn to a scale of 1:100. The building plan shall :

 

i)  Include floor plans of all floors together with the built-up area clearly indicating the sizes of rooms and the position and width of the staircase, ramps and other exit ways, lift wells, lift machine room and lift pit details, meter room, and electric sub-station and also include a ground floor plan as well as basement plan and shall indicate the details of parking space and loading and unloading spaces provided around and within the building as also the access ways and the appurtenant open spaces with projections in dotted lines, distance from any building existing on the plot in figured dimensions along with the accessory building. These plans will also contain the details of FSI calculations.

 

ii) Show the statement of the carpet area of every apartment or any unit along with areas of balconies and double-height terraces, if any, attached to the said unit.

 

iii) Show the use or occupancy of all parts of the buildings.

 

iv) Show the exact location of essential services, such as water closet (W.C.), bath, sink and the like;

 

v) Include sectional drawings showing clearly the thickness of the basement wall, wall construction, size and spacing of framing members, floors, slabs, and roof slabs with the materials. The section shall indicate the height of the building, rooms and parapet, drainage, and slope of the roof. At least one section should be taken through the staircase.

 

vi) Show relative levels of street

 

vii) Give dimensions of the projected portion beyond the permissible building line.

 

viii) Include a terrace plan indicating the drainage and the slope of the roof.

 

ix) Give an indication of the north line relative to the plan

 

x) Details of parking spaces provided

 

xi) Give dimensions and details of doors, windows, and ventilators

 

xii) Give the area statement with a detailed calculation chart of each floor of the building or area as per the periphery line of construction (P-line) excluding ducts and voids.

 

xiii)  Show the pump rooms, rainwater harvesting system, and sewage treatment plant, if any.

 

xiv) Certificate of Structural Engineer about structural and earthquake safety in case of the building above G + 2 or stilt + 2 structure.

 

xv) Give such other particulars as may be required to explain the proposal clearly as prescribed by the Authority.

 

2.2.8 Building Plans for Special Buildings

 

The following additional information shall be furnished/indicated in the Building Plans in addition to the items (i) to (xv) of Regulation No.2.2.7;

 

a) Access to fire appliances/vehicles with details of vehicular turning circle and clear motorable access way around the building of a minimum of 6.0 m. width;

 

b) Size (width) of main and alternate staircases, wherever necessary, along with balcony approach, corridor, and ventilated lobby approach.

 

c) Location and details of lift enclosures.

 

d) Location and size of fire lift.

 

e) Smoke stop lobby/door, where provided.

 

f) Refuge chutes, refuse chamber, service duct, etc.

 

g) Vehicular parking spaces.

 

h) Refuge area, if any;

 

i) Details of Building Services :- Air-conditioning system with the position of fire dampers, mechanical ventilation system, electrical services, boilers, gas pipes, etc. 

 

j) Details of exits including the provision of ramps, etc. for hospitals and buildings requiring special fire protection measures.

 

k) Location of the generator, transformer, and switch gear room.

 

l) Smoke exhauster system, if any;

 

m) Details of the fire alarm system network

 

n) Location of centralized control, connecting all fire alarm systems, built-in fire protection arrangements and public address system, etc.

 

o) Location and dimensions of static water storage tank and pump room along with fire service inlets for mobile pump and water storage tank.

 

p) Location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drenchers, C02 installation, etc.

 

q) Location and details of first aid, fire-fighting equipment/installations

 

r) Certificate of a structural engineer in structural and earthquake safety

 

s) Clearance certificate from the Chief Fire Officer of the Authority or Director of Fire services, as the case may be.

 

2.2.9 Service plan

 

Plans, elevations, and sections of water/grey-water supply, sewage disposal system, and details of building services, where required by the Authority, shall be made available on a scale not less than 1:100 and for layouts 1:1000.

 

2.2.10 Supervision

 

The notice shall be further accompanied by a certificate of supervision in the prescribed form as given in Appendix B, by the Architect/Licensed Engineer/Supervisor/Town Planner, as the case may be. In the event of the said licensed technical personnel ceasing to be employed for the development work, further development work shall stand suspended till a new licensed technical person is appointed.

 

2.2.11 Clearance from Other Departments

 

In case of development/construction of buildings requiring clearance from the Authorities of Civil Aviation Authority, Railways, Directorate of Industries, Maharashtra Pollution Control Board, District Magistrate, Inspectorate of Boilers and Smoke Nuisance, Defence Department, Maharashtra Coastal Zone Management Authority, Archaeological Department etc., the relevant No Objection Certificates from these Authorities, whichever applicable, shall also accompany the application, where such information is not received by the authority as mentioned in Regulation No.3.1.13.

 

In the case of the building identified in Regulation No.1.3(93)(xiv), the building scheme shall also be cleared by the Fire Officer of the Authority or in the absence of such Officer, by the Director of Maharashtra Fire Services or an Officer authorized by him.

 

2.2.12 Building/Layout Permission Scrutiny Fee
 

The notice shall be accompanied by a self-attested copy of the receipt of payment of the building/layout permission Scrutiny Fee. These fees shall be as mentioned below and shall be subject to Government orders, if any. Provided that such fees are not applicable to the development proposals implemented by Government /Government departments or public authorities of state or central government.

 

Sr. No.Type of AuthorityScrutiny fee for plotted LayoutScrutiny fee for Building Constructions.
1For Pune, Pimpri-Chinchwad, Nagpur, Nashik, Municipal Corporations in MMR and Metropolitan Authorities area. (2) Special Planning Authorities, NTDA, and ADA within these areas.Rs. 2,000/- per 0.4 hectors or part thereofRs. 5/- Per Sq.m. of built-up area.
2Remaining all Municipal Corporations area, A Class Municipal Councils and Mumbai Metropolitan Regional Plan area. and municipal corporations in the MMR and metropolitan authorities area,Rs. 1,500/- per 0.4 hectors or part thereofRs. 4/- Per Sq.m. of built-up area.
3B and C Class Municipal Councils, Nagar Panchayats, Non Municipal Council D.P., and Regional Plan areas.Rs. 500/- per 0.4 hectares or part thereof.Rs. 2/- Per Sq.m. of built-up area.

 

Note -

 

i)  No scrutiny fee shall be levied if the proposal is received after compliance of the objections raised by the authority.

 

ii) In case of revised permission, the scrutiny fee shall be applicable.

 

iii) In case of revised permission, where additional development work is proposed without

disturbing the already approved development work, then the scrutiny fee shall be levied for

additional development work.

 

iv) The charges mentioned above may be revised by the Authority with prior approval of the

Government.

 

v) The charges mentioned above shall also be subject to Government orders from time to

time.

 

2.2.13 Development Charges

 

Development charges as required under Section 124 A (1) to 124 L of the Maharashtra Regional and Town Planning Act, 1966 shall be deposited with the Authority before issue of development permission/commencement certificate. Such charges shall be calculated for the area of each land parcel included in the development permission, considering the rates in ASR and provisions mentioned in the said Act.

 

Provided that,

 

i) In case of revised permission, where no development is carried out in pursuance of the earlier permission and permission is lapsed, the amount of difference of development charges, if any, shall be levied and recovered.

 

ii) In case of revised permission, where development is commenced in pursuance of earlier permission, development charges shall be levied on the land and built-up area, over and above the area covered in the earlier permission.

 

iii) No such charges shall be levied for renewal of permission.

 

iv) In case where minor amendments to the plotted layout approved prior to 10/8/1992 are

proposed or where a development charge for land development has already been collected in the past, no development charge should be levied for such amendment of the plotted layout provided no construction was proposed in the said layout i.e. only the plotted layout was approved.

 

v) Construction of the compound wall is meant for the protection of property and as such no development charge shall be levied for the construction of a compound wall or for repairs of a compound wall.

 

vi) No development charge shall be recovered in respect of maintenance work, internal repairs of buildings, or for strengthening the existing building provided such works do not involve consumption of additional floor space.

 

vii) For any reconstruction work, a development charge shall be levied in full which involves the demolition of the existing building and reconstruction of the Non-Municipal,new building.

 

viii) In case a cooperative housing society is authorized by Maharashtra Housing and Area Development Authority or Bombay Housing and Area Development Board to undertake reconstruction of an old/dilapidated building (which work would otherwise, have been undertaken by MHADA), no development charge shall be recovered from that co-operative housing society, provided the FSI does not exceed the existing or permissible FSI whichever is lower. Provided further that, it accommodates existing tenants only. Further in reconstruction involving consumption of additional FSI and accommodation of additional members other than existing tenants, proportionate development charges shall be recovered.

 

ix) In case no development work is carried out in pursuance of permission and permission is lapsed or permission is canceled on the request of the owner, the development charges paid, shall be adjusted in permission that may be granted in the future.

 

x) Where development permission is granted and development charges are already collected by any Authority in their jurisdiction and thereafter such area is included in the jurisdiction of other Authority in such cases, the provisions mentioned in Sr.No.(i) to (ix) above shall be applicable mutatis and mutandis, as the case may be.

 

2.2.14 Premium Charges and Fire Infrastructure Charges

 

i) Premium Charges - Premium charges as may be required to be recovered under these regulations shall be paid to the Authority before the issue of development permission/commencement certificate. The 50% Premium share of the Government shall be deposited by the Authority in a specified head of account of the Government. The amount of premium collected by the Authority shall be kept in a separate account and it shall be utilized for the development of civic amenities and infrastructure.

 

In the case of a Regional Plan area, 100% premium charges shall be paid to the Government through the District offices of the Town Planning and Valuation Department.

The aforesaid premium charges except the premium leviable under Chapter 5 of these regulations shall be allowed to be paid in the instalments with interest @ 8.5% per annum in the following manner and subject to the following conditions.

 

A) Option- 1 

 

 a) Building below 70.0 m. height.

 

Initial Payment

At the end of the Month with interest

12th24th36th48th
1st Instalment2nd Instalment3rd Instalment4th Instalment5th Instalment
10%22.5%22.5%22.5%22.5%

 

b) Building having a height of 70.0 m. and above.

 

Initial Payment

At the end of the Month with interest

12th24th36th48th60th
1st Instalment2nd Instalment3rd Instalment4th Instalment5th Instalment6th Instalment
10%18%18%18%18%18%

 

B) Option - 2

 

The installment of 20% shall be paid at the time of granting development permission/commencement certificate and the remaining 80% amount at the time of occupation certificate. The remaining amount shall be liable for interest @ 8.5% per annum.

 

Notes :

 

i) The installment shall be granted with the interest at the rate of 8.5% p.a. on reducing the outstanding balance premium.

 

ii) The owner/developer shall deposit post-dated cheques for the installment amount with an interest due drawn on the scheduled bank, as per the scheduled date of payment.

iii) Occupation Certificates shall be granted in proportion to the payments made.


iv) The first instalment shall not be less than 50 lakhs in the case of A, B C, Class Municipal Corporations, and 25 lakhs in the case of other areas. In such case, the remaining amount shall be apportioned in the remaining installments.


v) The aforesaid option 1 & option 2 shall be applicable for the period of 2 years. (1) In addition to this, an extension of a further 2 years (i.e. up to 2.12.2024) shall be applicable, considering the lock-down measures and guidelines issued by the Government regarding the pandemic situation.

 

ii) Fire Infrastructure Charges - These charges shall be decided by the Government from time to time

 

2.2.15 Structural Stability Certificate

 

In the case of special buildings, the application shall be accompanied by a structural stability certificate signed by the licensed Structural Engineer to the effect that the building is safe against various loads, forces, and effects including due to natural disasters, such as, earthquakes, landslides, cyclones, floods, etc. as per Part 11 ‘Structural Design’ and other relevant Codes.

 

2.2.16 Signing the Plan

 

All the plans shall be duly signed by the owner, co-owner, if any, and the Architect or Town Planner or Licensed Engineer / Supervisor and shall indicate his name, address and Registration/license number (allotted by the Authority).

 

2.2.17 Size of Drawing sheets

 

The size of the drawing sheets shall be any of those specified in Table 2-A.

 

Table 2-A - Drawing Sheet Sizes

Sr. No.DesignationTrimmed Size, mm
1.A0841 X 1189
2.A1594 X 841
3.A2420 X 594
4.A3297 X 420
5. A4210 X 297

 

Note : If necessary, submission of plans on sheets bigger than A0 size is also permissible. All dimensions shall be indicated only in metric units.

 

2.2.18 Colouring Notations for Plans

 

The plan shall be colored as specified in Table No.2-B given below and prints of the plan shall be on one side of the paper only.

 

Table No.2-B - Colouring Notations for Plans

Sr. No.Item

Site Plan

Building Plan

White PlanBlue PrintAmmonia PrintWhite PlanBlue PrintAmmonia Print
1Plot linesThick BlackThick BlackThick BlackThick BlackThick BlackThick Black
2Existing streetGreenGreenGreen---
3Future street, if anyGreen dottedGreen dottedGreen dotted---
4Permissible building linesThick dotted blackThick dotted blackThick dotted black---
5Existing workBlack (Outline)WhiteBlueBlackWhiteBlue
6Work proposed to be demolishedYellow HatchedYellow HatchedYellow HatchedYellow HatchedYellow HatchedYellow Hatched
7Proposed workRed filled inRedRedRedRedRed
8Drainage & Sewerage workRed dottedRed dottedRed dottedRed dottedRed dottedRed dotted
9Water supply workBlack dotted thinBlack dotted thinBlack dotted thinBlack dotted thinBlack dotted thinBlack dotted thin
10DeviationsRed hatchedRed hatchedRed hatchedRed hatchedRed hatchedRed hatched

 

Note : For land development/Subdivision/layout/building plan, suitable coloring notations shall be used which shall be indexed.

 

2.2.19 Qualification and Competence of the Architect/Licensed Engineer/Structural Engineer/Town Planner/Supervisor

 

Architect/Engineer/Town Planner/Supervisor referred to in Regulation No.2.2.16 shall be registered/licensed by the Authority as competent to plan and carry out various works as given in Appendix “C”. The qualification and procedure for registration and licensing of the Engineer/Structural Engineer/Town Planner/Supervisor shall be as given in Appendix-“C”. An Architect registered with the Council of Architecture shall not be required to register with the Authority.

 

Related Regulations to Rule No. 2- 

 

You can visit our other blog on Regulation 2 through the below-mentioned links:

 

Commencement of Work in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Discretionary Powers Interpretation in UDCPR 2020

 

Grant or Refusal of Permission in UDCPR 2020

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

Blog 1
Permission from the Planning Authority is Mandatory in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate 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. 2.1 Permission from the Planning Authority 

 

2.1.1 Necessity of Obtaining Permission

 

No person shall carry out any development work including the development of land by laying out into suitable plots or amalgamation of plots or development of any land as a group housing scheme or to erect, re-erect or make alterations or demolish any building or cause the same to be done without first obtaining a separate building permit/development permission/commencement certificate for each such development work/building from the Authority. As stipulated in section 18/46 of the Maharashtra Regional and Town Planning Act, 1966, no such permission shall be in contravention of the Regional Plan, Development Plan proposals as the case may be.

 

2.1.2 Permission Not Necessary

 

No such permission shall be necessary for :-

 

i) Carrying out of works in compliance with any order or direction made by any Authority

under any law in force for the time being.

 

ii) Carrying out of works by any Authority in the exercise of its powers under any law for the time being in force.

 

iii) The excavation (including excavation of wells) was made during the ordinary course of agricultural operation.

 

iv) The construction of a road intended to give access to land solely for agricultural purposes.

 

v) Normal use of land which has been used temporarily for other purposes like marriage pandals or for festive occasions, etc. on private land.

 

vi) Provision of safety grills to window/ventilator.

 

vii)  Distribution/receiving substation of the electric supply company.

 

viii) Installation of solar panels having a base of the solar panel at a height of up to 1.8 m. from the terrace, ensuring structural stability from the Licensed Structural Engineer.

 

ix) Providing internal lightweight partitions/cabins in the commercial building/establishment with a certificate of structural stability from the Licensed Structural Engineer.

 

x) Temporary structures for godowns/storage of construction materials within the site.

 

xi)  temporary site offices, sample flats and watchman chowkys within the site only during the phase of construction of the main building.

 

xii) Temporary structures for the storage of machinery before installation for factories on industrial lands within the site.

 

xiii) Labour camps for construction sites, provided adequate water supply and sanitation facilities are provided and safety is ensured.

 

xiv) Construction of temporary sets for film/TV serial/advertisement shooting and like activities for a period not more than one year, subject to intimation to the authority.

 

xv) Building on plot area up to 150 sq. mt. (low-risk category) and on plot area more than 150 sq. mt. up to 300 sq. mt. (moderate risk category) subject to compliance as per APPENDIX - K.

 

2.1.3 Development Undertaken on behalf of Government

 

As per the provisions of Section 58 of the Maharashtra Regional and Town Planning Act, 1966 the office in charge of the Government Department shall inform in writing to the Authority of the intention to carry out its purpose along with details of such development or construction as specified below and as certified by the Government Architect/Architect/Technical personnel :-

 

i) An official letter by the authorized officer of the Government Department addressed to the Authority, giving full particulars of the development work or any operational construction.

 

ii) Ownership document and measurement plan issued by the Competent Authority of Land Records Department.

 

iii) Development/building plans conforming to the provisions of the Development Plan/Regional Plan and these Regulations for the proposed development work to the scale specified in these Regulations.

 

iv) The proposals of the Development Plan or Town Planning Scheme or Regional Plan affecting the land.

 

v) A Site Plan (of required copies) of the area proposed to be developed to the scale.

 

vi) Detailed plan (of required copies) showing the plan, sections and elevations of the proposed development work to the scale, including existing building specifying either to be retained or to be demolished.

 

2.1.4 Operational Constructions

 

No permission shall be necessary for the operational construction of the Government or Government undertaking, whether of a temporary or permanent nature, which is necessary for the operation, maintenance, development or execution of any of the following services:

 

a)  Railways

 

b)  National Highway

 

c)  National Waterway

 

d) Airways and Aerodromes and Major Ports

 

e)  Posts and Telegraphs, Telephones, Wireless, Broadcasting and other like forms of Communication excluding Mobile Towers.

 

f)  Regional grids, towers, gantries, switchyards, control rooms, and relay rooms for transmission, distribution, etc. of electricity.

 

g)  Defence Authorities

 

h)  Any other essential public service as may be notified by the State/Central Government.

 

i)  The following constructions for operational purposes of new railway lines or tracks by the Metro Rail Administration (MRA)/Project Implementing Agency designated by the Government for the Metro Rail and Monorail/Light Rail Transit (LRT) Project.

 

"Operation Control Centre, Playback Training Room. Administration Building, Stabling Yards, Maintenance Workshop and Training Centre, Auto Car Wash Plant and Auto Wash Plant, Auxiliary Rail Vehicle Building, Under Floor Wheel Lathe and Blow Down Plant, Cooling Tower, Generator Area, Auxiliary Sub-station, Traction Sub-station, Transformer Area, Water Treatment Plant, Waste Water Treatment Plant, Deport Control Centre, sump Area, Parking, Check Post, Loading and unloading areas, Fouling Points, DG set Rooms, Metro and Mono stations (underground and elevated), Viaduct and tunnel, Ventilation Shaft, Entry / Exit Blocks, Passages, Underground passage to Station box, Lifts, Staircases, Escalators, Transit accommodation / Guest rooms, Metro Stations / Depots on property owned by it in all Use Zones, Air Handling Unit, Fire staircase, Fire lift and fire passages, Refuge area, thereto."

 

j) Facilities & services such as Roads, Water Supply, Sewerage, Storm Water Disposal and any other essential public services carried out by the State/Central Government or its undertakings / Bodies or the Local Bodies including :-

 

(a) Maintenance or improvement of highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street; or

 

(b) Inspecting, repairing or renewing any drains, sewer mains, pipes including gas pipes, telephone and electric cables, or other apparatus including the breaking open of any street, or other land for the purpose.

 

Provided that the concerned authority shall inform the Planning Authority in writing at the earliest and pay the necessary restoration charges to the Planning Authority within a month. The restoration charges shall not be more than the expenditure to be incurred by the Authority to restore the road etc. along with supervision charges, if any.

 

All such constructions shall, however, conform to the prescribed requirements for the provision of essential services, water supply connections, drains, etc. to the satisfaction of the Authority.

 

2.1.5  Constructions Not Covered under the Operational Constructions

 

The following constructions of the Government Departments do not come under the purview of operational construction for the purpose of exemption. In such cases, intimation to the authority as mentioned in above regulation shall be necessary.

 

a) New residential buildings (other than gate lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hospitals, clubs, institutes and schools in case of railways.

 

b) A new building, new construction or new installation or any extension thereof, in case of any other services other than those mentioned in these regulations.

 

2.1.6 Temporary Constructions

 

Permission shall be necessary for carrying out temporary construction. The Authority may grant permission for temporary construction for a period not exceeding six months at a time and in the aggregate not exceeding a period of one year. Such permission may be given by him for the construction of the following, viz. :-

 

(i)  Structures for protection from the rain or covering of the terraces during monsoon only.

 

(ii)  Pandals for fairs, ceremonies, religious functions, etc. on public land.

 

(iii)  Structures of exhibitions/circuses etc.

 

(iv)  Structures for ancillary works for quarrying operations in conforming zones.

 

(v)  Government milk booths, telephone booths, MAFFCO stalls and ATM Centres.

 

(vi)  Transit accommodation for persons to be rehabilitated in a new construction.

 

(vii)  Structures for educational and medical facilities within the site of the proposed building during the phase of planning and constructing the said permanent buildings.

 

(viii)  Ready mix concrete plant.

 

Provided that, necessary documents along with necessary scrutiny fees shall be submitted by the applicant along with the application for temporary construction.

 

Provided that, temporary constructions for structures etc. mentioned at (vi), (vii) and (viii) may be permitted to be continued temporarily by the Authority, but in any case not beyond completion of construction of the main structure or building and that, structure in (iv) and (v) may be continued on annual renewal basis by the Authority beyond a period of one year.

Provided further that approval of the Chief Fire Officer of the authority shall be obtained, wherever necessary.

 

2.1.7 Repairs to Building

 

The permission shall not be required for the following types of repairs to existing authorised buildings, which do not amount to additions or alternations. Only intimation to the Authority by the owner along with the certificate of licensed personnel shall be given.

 

i)  Changing of doors and windows in the same position.

 

ii)  Strengthening of existing walls, and existing roof in the same position.

 

iii)  Any other items similar to the above.

 

Related Regulations to Rule No. 2- 

 

You can visit our other blog on Regulation 2 through the below-mentioned links:

 

Commencement of Work in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Discretionary Powers Interpretation in UDCPR 2020

 

Procedure for Obtaining Development Permission, Building Permission, and Commencement Certificate in UDCPR 2020

 

Grant or Refusal of Permission in UDCPR 2020

 

Blog 1
Short Title, Extent & Commencement in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration as per mentioned in the UDCPR 

 

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

 

Rule No. 1.0 Short Title, Extent & Commencement

 

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

 

1.1  Extent and Jurisdiction

 

i)  These regulations shall apply to the building activities and development works on lands within the jurisdiction of all Planning Authorities and Regional Plan areas except Municipal Corporation of Greater Mumbai, other Planning Authorities/Special Planning Authorities/Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Chikhaldara notified area (consisting Chikhaldara Hill Station M.C. & four villages) Eco-sensitive/Eco-fragile region notified by MoEF & CC, and Lonavala Municipal Council in Maharashtra.

 

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

 

1.2  Commencement of Regulations

 

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

 

Related Regulations to Rule No. 1 - 

 

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

 

Other Various Regulations of Administration in UDCPR 2020

 

Definitions in Administration in UDCPR 2020

 

Applicability of Regulations in Administration in UDCPR 2020

 

Savings in Administration in UDCPR 2020

 

Blog 1
Savings in Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration as per mentioned in the UDCPR 

 

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

 

Rule No. 1.5 Savings

 

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

 

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

 

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

 

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

 

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


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

fresh proposal as per these regulations.


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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

1.5 

 

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

 

Related Regulations to Rule No. 1 - 

 

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

 

Other Various Regulations of Administration in UDCPR 2020

 

Definitions in Administration in UDCPR 2020

 

Applicability of Regulations in Administration in UDCPR 2020

 

Short Title, Extent & Commencement in UDCPR 2020

 

Blog 1
Applicability of Regulations in Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration as per mentioned in the UDCPR 

 

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

 

Rule No. 1.4 Applicability of Regulations 

 

i) Development and Construction: Except as hereinafter otherwise provided, these regulations shall apply to all development, redevelopment, erection and/or re-erection of a building, change of user, etc. as well as to the design, construction or reconstruction, additions, and alterations to a building.

 

ii) Part Construction: Where the whole or part of a building is demolished or altered or reconstructed or removed, except where otherwise specifically stipulated, these Regulations apply only to the extent of the work involved.

 

iii) Change of Occupancy/Use: Where the occupancy or the user of a building is changed, except where otherwise specifically stipulated, these regulations shall apply to all parts of the building affected by the change.

 

iv) Reconstruction: The reconstruction in whole or part of a building which has ceased to exist due to an accidental fire, natural collapse, or demolition, having been declared unsafe, or which is likely to be demolished by or under an order of the Authority and for which the necessary certificate has been given by the Authority shall be allowed subject to the provisions in these regulations.

 

v) Development of sites or/and subdivision or amalgamation of land: Where land is to be developed, subdivided, or two or more plots are to be amalgamated, or a layout is to be prepared; these Regulations shall apply to the entire area under development, sub-division, amalgamation, and layout. Provided that, where a developed land, an existing layout/sub-division plan is being altered, these Regulations shall apply only to that part which is being altered.

 

vi) Revised permission: Any development permission granted earlier may be revised provided that, third-party interests established in pursuance of such permissions, if any, are not adversely affected. In such cases, consent from the adversely affected persons shall be necessary if required under RERA. While granting the revised permission, the approved plans and commencement certificate of the earlier permission with office, shall be stamped as ‘SUPERSEDED’ by the Authority.

 

vii) Exclusions: Nothing in these regulations shall require the removal, alteration or abandonment or prevent the continuance of the lawfully established use or occupancy of an existing building or its use, unless, in the opinion of the Authority, such a building is unsafe or constitutes a hazard to the safety of adjacent property.

 

Related Regulations to Rule No. 1 - 

 

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

 

Other Various Regulations of Administration in UDCPR 2020

 

Definitions in Administration in UDCPR 2020

 

Short Title, Extent, & Commencement in UDCPR 2020

 

Savings in Administration in UDCPR 2020

 

Blog 1
Uses Permissible in Various Zones UDCPR 2020

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

 

So here are some of the additional uses permissible in the Development Plan Reservations as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

 

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

 

UDCPR 2020 Chapter 4  is all about Land Use Classification and Permissible Uses.

 

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

 

Rule No. 4.5 LOW-DENSITY RESIDENTIAL ZONE

 

In this zone, all uses permissible in the Residential Zone shall be permitted subject to FSI restrictions mentioned in these regulations. (Chapter 10)

 

Rule No. 4.6 FUTURE URBANIZABLE ZONE

 

In this zone, all uses permissible in the Residential Zone shall be permitted subject to fulfillment of the following requirements.

 

i)  For extending offsite infrastructure like roads, water supply, sewage line, and electricity, to the land, the expenses shall be borne by the owner and shall be deposited with the Authority as per the expenses communicated by it. However, the owner shall have the liberty to construct such infrastructure at his own cost, as per the drawing, design, and specification approved by the Authority.

 

ii)  If the land is located on a Development Plan road of width more than 18.0 m., then the construction of a road of width 18.0 m. to his land, shall be the liability of the owner, else 12.0 m. wide road with asphalting shall be necessary.

 

Rule No. 4.9 Loom Industry cum Residential Zone

 

The following uses shall be permissible :-

 

i)  Uses permissible in R - 1, R - 2 Zone according to road width.

 

ii)  Power loom.

 

iii)  Power looms cum residential to any extent.

 

User (i) above shall be as per conditions of R - 1 and R - 2 zone. However, (ii) and (iii) shall be permissible with the following conditions.

 

a)  Power loom use shall be restricted up to a maximum permissible floor area of 250 sq.m. with a maximum of 20 H.P. and 20 laborers.

 

b)  Total FSI permissible shall be as that of a residential zone.

 

c)  Adequate safety measures shall be taken to reduce noise and air pollution etc. by providing a vibration absorbing platform and dust settler.

 

d)  Working hours for looms shall be 8 am to 8 pm.

 

Rule No. 4.13 TRAFFIC AND TRANSPORTATION ZONE

i) All uses / activities related to surface, water, and air traffic and transportation including Parking, and ancillary uses shall be permissible.

 

ii) Separable lands of Railways shall be allowed to be developed for uses permissible in the Commercial Zone.

 

Rule No. 4.14 REGIONAL PARK ZONE

The following uses shall be permissible :-

 

i)  All uses permissible in Green Belt Zone, Hill Top Hill Slope Zone and Afforestation Zone.

 

ii)  Uses at Regulation No.4.11 (iv, v, vi, viii, ix, x, xiii, xix, xx, xxii, xxv, xxviii, xxix, xxxvi, xxxix, xxxxii) permissible in Agriculture Zone.

 

iii)  Uses at Regulation No.4.11 (xv, xxxiii, xxxiv) permissible in Agriculture Zone with maximum FSI of 0.20 without premium and additional 0.30 i.e. up to 0.50 with payment of premium @ 20% of the land rate in ASR.

 

iv)  Gaothan expansion as specified in Regulation No.5.1.1 subject to 200 m. from the gaothan limit.

 

Rule No. 4.15 TOURISM DEVELOPMENT ZONE

The following uses shall be permissible :-

 

i) All uses permissible in the Agricultural Zone (except uses at Sr.No.xviii and xxxi of Regulation No.4.11).

 

ii) Gaothan expansion as specified in Regulation No.5.1.1.
 

Rule No. 4.16 AFFORESTATION ZONE

The following uses shall be permissible :-

 

i)  All uses are permissible in the Hill Top and Hill Slope Zone.

 

ii)  Forest houses, meant for forest tourists/servants/technicians/owners and for storing of fertilize, etc., may be permitted subject to the following :-

 

It shall have a built-up area not exceeding 150 sq.m., provided that, the forest plot area is not less than 0.4 hectares. Structures to be erected for these purposes should be of ground + 1 floor only and should not have a height more than 7.0 m. and should be of such material as would blend with the surroundings. The owner shall plant trees at the rate of 250 trees per hectare and shall maintain it properly.

 

Provided that, the layout of the forest houses may be permitted for areas more than 0.4 hectares.

 

iii) Uses mentioned in Regulation No.4.11 (iv, v, vi, xiii, xxviii, xxix) permissible in the Agriculture Zone.

 

iv) Uses mentioned in Regulation No.4.11 (2) (xv, xvi, xxxiii, xxxiv) permissible in Agriculture Zone with FSI of (1) 0.2, 0.2, 0.1, 0.15 respectively.

 

v) Development permissible adjacent to Gaothan as specified in Regulation No.5.1.1 subject to a maximum 200 m. periphery from gaothan limit.

 

vi) The above uses shall not be permitted on a hill slope steeper than 1:5, and such area shall not be considered for FSI.

 

Rule No. 4.17 HILL TOP - HILL SLOPE ZONE/HILLY AREA 

Kept in abeyance.

 

Rule No. 4.18 GREEN ZONE - 2

The following users shall be permissible in this zone.

 

i)  All uses are permissible in the Hill Top - Hill Slope Zone.

 

ii)  Gaothan expansion as specified in Regulation 5.1.1.

 

iii)  Primary and Nursery Schools, including student hostels.

 

iv)  Uses at Regulation No.4.11 (vi, ix, xiii, xx, xxii, xxv, xxviii) with maximum FSI of 0.20.

 

Rule No. 4.19 FOREST ZONE

The developments as may be required by the Ministry of Forest or its Authorities shall only be permissible on the lands owned and possessed by the Ministry / Department of Forest or its Authorities.

 

Rule No. 4.20 DEFENCE ZONE

i) The developments as may be required by the Ministry of Defence or its Authorities shall

only be permissible on the lands owned and possessed by the Ministry of Defence or its

Authorities.

 

ii) Restrictive Zone –

 

No development in contravention with the notification shall be permissible in the area affected by the notification under the Works of Defence Act - 1903, whether earmarked as such on the Development Plan/Regional Plan or not, or development shall be permissible with the No Objection Certificate from the concerned Defence Authority.

 

Provided that, it shall be permissible to treat the area under such restrictive zone as the marginal distance at the time of construction of any building proposed on the contiguous unaffected area.

 

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

 

Rule No. 4.21 MINES AND QUARRY ZONE

In this zone, quarry, mining, stone crushing, or similar operations shall be permissible subject to provisions of Regulation No.15.1. In addition to this, the following uses shall be permissible.

 

Stone quarrying, soil excavation, stone crushing or other similar activities, mining activity, bricks kilns, caretaker's quarters or residential quarters for essential staff up to maximum built-up area of 20 sq.m. ancillary buildings like site offices, cafeteria with full built-up area up to 250 sq.m.

 

The existing uses within these zones, such as brick kilns, fly ash bricks, cremation ground, etc., shall be continued for the respective purposes. The mining and quarry operation shall not be permitted within the restrictive area as per their prevailing regulations. The development after the closing of existing mining areas/quarries shall be as per the closing policies of the respective department. However, the private lands that are included in the Mines and Quarry Zone shall deem to be included in the adjacent zone, and the Authority shall grant development permission accordingly.

 

Rule No. 4.22 PUBLIC UTILITY ZONE

The following users shall be permissible in this zone.

 

The water treatment plant, water reservoirs, pumping station, water storage tank, sewage / influent treatment plant, wastewater recycling plant, electric substation, cemeteries, burial ground, and cremation grounds, slaughter house, solid waste landfill/management site, fire station, post, telegram and communication office, telephone exchange, cattle pond, dairy farm, public urinals including all public utilities.

 

Rule No. 4.23 WOODLAND CORRIDOR

Following uses shall be permissible in this zone.

 

i) Garden, Nurseries, Horticulture, and Arboriculture.

 

Rule No. 4.24  SPECIAL ECONOMIC ZONE

Following uses shall be permissible in this zone.

 

i) Residential, Educational, Institutional, Assembly, Business, Mercantile, Industrial, Storage, Information Technology, Recreational.

 

ii) Any other land use as may be made permissible by the Government of India within SEZ.

 

Rule No. 4.25 AIRPORT AND ALLIED ACTIVITIES / SERVICE ZONE 

The following uses shall be permissible in this zone.


i) Airport and allied activities and services incidental thereto.
 

Rule No. 4.26 ADDITIONAL USES

The lists of uses mentioned under various land use zones herein above may be amended by the Authority from time to time with the consent of the Director of Town Planning, Maharashtra State, Pune.

 

 

Related Regulations to Rule No. 4- 

 

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

 

Uses Permissible in Development Plan Reservations in UDCPR 2020

 

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

 

Uses Permissible in Agricultural Zone in UDCPR 2020

 

Uses Permissible in Public and Semi Public Zone in UDCPR 2020

 

Uses Permissible in Industrial Zone in UDCPR 2020

 

Uses Permissible in Commercial Zone in UDCPR 2020

 

What are the Types of Zones in UDCPR 2020

 

Uses Permissible in Residential Zones R2 in UDCPR 2020

 

Uses Permissible in Residential Zones R1 in UDCPR 2020

 

Blog 1
Definitions in Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration as per mentioned in the UDCPR 

 

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

 

Rule No. 1.3 Definitions

 

In these Regulations, unless the context otherwise requires, the definitions given hereunder, shall have meaning indicated against each of them.

 

Words and expressions which are not defined in these Regulations, shall have the same meaning or sense as in the :-

 

i)  Maharashtra Regional and Town Planning Act, 1966

 

ii)  Maharashtra Municipal Corporations Act, 1949

 

iii)  Nagpur Improvement Trust Act, 1936

 

iv)  Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965

 

v)  Maharashtra Metropolitan Region Development Authority Act, 2016

 

vi)  Maharashtra Land Revenue Code, 1966

 

vii)  Real Estate (Regulation and Development) Act, 2016

 

viii)  National Building Code of India, 2016

 

ix)  Maharashtra Housing and Area Development Act, 1976

 

x)  Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971

 

1. Act - means the Maharashtra Regional & Town Planning Act, 1966 as may be amended from time to time.

 

2. Addition/Alteration - means any change in existing authorized building or change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor, roof or other support or a change to or closing of any required means of ingress or egress or a change to the fixtures of equipment as provided under these regulations. However, modification in regards to gardening, whitewashing, painting, plastering, pointing, paving and retiling shall not be deemed to be alteration.

 

3. Advertising Sign - means any surface or structure with characters, letters or illustrations applied thereto and displayed outdoors in any manner whatsoever for purposes of advertising or to give information regarding or to attract the public to any place for public performance, article or merchandise whatsoever, or is attached to, or forms a part of the building, or is connected with any building or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body.

 

4. Air-conditioning - means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space.

 

5. Accessory Building - means a building separate from the main building on a plot and containing one or more rooms for accessory use such as servant quarters, garages, store rooms etc.

 

6. Accessory/Ancillary Use - means any use of the premises subordinate to the principal use and incidental to the principal use.

 

7. Amenity Space - for the purpose of these regulations, amenity space means a statutory space kept in any layout to be used for any of the amenities such as open spaces, parks recreational grounds, playgrounds, sports complexes, gardens, convenience shopping, parking lots, primary and secondary schools, nursery, health club, Dispensary, Nursing Home, Hospital, sub-post-office, police station, electric substation, ATM of banks, electronic cyber library, open market, garbage bin, assisted living and hospice together, senior citizen housing and orphanage together, project affected persons' housing, auditorium, conventional centre, water supply, electricity supply and includes other utilities, services and conveniences.

 

8. Annual Statements of Rates - means the Annual Statements of Rates (ASR) published by the Inspector General of Registration, Maharashtra State, Pune.

 

9. Architectural Projection - means a chajja, cornice, etc. which is a protrusion from the building facade or line of the building only for aesthetic purposes and not used for any habitable purpose.

 

10. Access - means a clear approach to a plot or a building.

 

11. Architect - An Architect who is a member of the Indian Institute of Architects and duly registered with the Council of Architecture under the Architects Act, 1972.

 

12. Apartment - means whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified.

 

13. Applicant - means any person who is an owner or a person having an irrevocable registered Power of Attorney of an owner and any other document as acceptable to the Authority.

 

14. Authority means :

 

i) in the case of a Municipal Corporation, the Municipal Commissioner or such other officer as he may appoint on this behalf.

 

ii)  in the case of a Zilla Parishad, the Chief Executive Officer or such other officers as he may appoint on this behalf.

 

iii)  in the case of a Municipal Council, the Chief Officer of the Council; and

 

iv)  in the case of any other local authority, Special Planning Authority, New Town Development Authority or Area Development Authority, the Chief Executive Officer or person exercising such powers under Acts applicable to such authorities.

 

v)  in the area of a Regional Plan, the Collector of the District.

 

vi)  in the case of Development Authorities established under the Metropolitan Region Development Authorities Act, the Metropolitan Commissioner or such other officer as he may appoint on this behalf.

 

vii)  in case the land is situated in the gaothan, within the meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966, the village Panchayat concerned.

 

15. Atrium - means a skylighted and naturally/mechanically ventilated area in a building, with no intermediate floors and used as circulation space or entrance foyer.