Bhiwandi Surrounding Notified Area in UDCPR 2020

Apr 02, 2024

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

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

Rule No. 10.13 Bhiwandi Surrounding Notified Area

10.13.1 Regulations for Affordable Housing Scheme:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

development of such prescribed amenities under this Regulation.

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

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

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

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

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

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

Sr. No.	Stages of Release FSIcompleting	Affordable Housing Component*	Free Sale Component*
1	On Grant of Building Permission / Commencement Certificate up to plinth by 1.1-L- B Special Planning Authority for Bhiwandi Surrounding Notified Area / Planning Authority to the Affordable Housing Project.	3.00	1.00
2	On Completion of 50% BUA of Affordable Component	-	0.75
3	On Completion of 100% BUA of Affordable Component	-	0.75
4	On handing over of 25% of the land and completed Affordable Housing Component buildings with an Occupancy Certificate.	-	0.50
	Total	3.00	3.00

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

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

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

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

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

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

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

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

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

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

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