Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development Authority in UDCPR 2020

Mar 30, 2024

UDCPR 2020 Chapter 7 is all about Higher FSI for Certain Uses 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.7.4 Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development Authority

7.4.1

Development/re-development of housing schemes of Maharashtra Housing and Area Development Authority shall be subject to the following provisions:-

i) The FSI for a new scheme of Low Cost Housing, implemented by MHADA departmentally on vacant lands for Economically Weaker Sections (EWS), Low Income Group (LIG) and Middle Income Group (MIG) categories shall be (1) 3.00 or maximum building potential as per road width (Regulation No.6.1 or 6.2) whichever is maximum, on the (1) Gross Plot Area and at least 60% built-up area in such scheme shall be in the form of tenements under the EWS, LIG and MIG categories, as defined by the Government in Housing Department from time to time.

ii) For redevelopment of existing housing schemes of MHADA, containing (i) EWS / LIG and/or (ii) MIG and/or (iii) HIG houses with carpet area less than the maximum carpet area prescribed for MIG, the total permissible FSI shall be (1) 3.00 on the gross plot area.

7.4.2

Where redevelopment of buildings in existing housing schemes of MHADA is undertaken by the housing co-operative societies or the occupiers of such buildings or by the lessees of MHADA, the Rehabilitation Area Entitlement, Incentive FSI and sharing of balance FSI shall be as follows:-

i) Rehabilitation Area Entitlement:- Under the redevelopment of the building in the existing Housing scheme of MHADA, the entitlement of rehabilitation area for an existing residential tenement shall be equal to a sum total of -

a) A basic entitlement equivalent to the carpet area of the existing tenement plus 35% thereof, subject to a minimum carpet area of 35 sq.m.

b) An additional entitlement governed by the size of the plot under redevelopment, in accordance with Table 7-B below:-

Table 7-B
The area of the Plot under Redevelopment	Additional Entitlement (As % of the Carpet Area of the Existing Tenement)
Up to 4000 sq.m	Nil
Above 4000 sq.m to 2.0 hect	15%
Above 2.0 hectares to 5.0 hect	25%
Above five hect to 10 hect	35
Above ten hect	45%

Provided that the entitlement of the rehabilitation area as admissible under this regulation shall be exclusive of the area of the balcony.

ii) Incentive FSI - Incentive FSI admissible against the FSI required for rehabilitation, as calculated in (A) above, shall be based on the ratio (hereinafter referred to as Basic Ratio) of Land Rate (LR) in Rs. / sq.m. of the plot under redevelopment as per the Annual Statements of Rates (ASR) and Rate of Construction (RC)* in Rs. / sq.m. applicable to the area as per the ASR and shall be as given in the Table 7-C below:-

Table No. 7-C
Basic Ratio (LR/RC)	Incentive (As % of Admissible Rehabilitation Area)
Above 6.00	40%
Above 4.00 and up to 6.00	50%
Above 2.00 and up to 4.00	60%
Up to 2.00	70%

Explanation:-

* RC is the rate of construction in respect of R.C.C. Construction, as published by the Chief Controlling Revenue Authority & Inspector General of Registration, Maharashtra State in the Annual Statements of Rates.

Provided that the above incentive shall be subject to the availability of the FSI on the Plot under redevelopment and its distribution by MHADA.

Further, if there is more than one land rate applicable to different parts of the plot under redevelopment, a weighted average of all applicable rates shall be taken to calculate the average land rate and the basic ratio.

Provided further, the Land Rate (LR) and the Rate of Construction (RC) for calculation of the Basic Ratio shall be taken for the year in which the redevelopment project is approved by the authority competent to approve it.

iii) Sharing of the Balance FSI:- The FSI remaining in the balance after providing for the rehabilitation and the incentive components, calculated as per (i) and (ii) above respectively, shall be shared between the Co-operative Housing Society and MHADA in the form of built-up area, as given in Table No.7-D below and the share of MHADA shall be handed over to MHADA free of cost.

Table No.7-D
Basic Ratio (LR/CR)	Sharing of balance FSI
Basic Ratio (LR/CR)	Share of Co-operative Society	Share of MHADA
Above 6.00	30%	70%
Above 4.00 and up to 6.00	35%	65%
Above 2.00 and up to 4.00	40%	60%
Up to 2.00	45%	55%

Provided that in case of plots up to 4000 sq.m., MHADA without insisting MHADA’s Share in the form of BUA, may allow additional BUA over and above existing BUA up to (1) 3.00 FSI by charging premium at the percentage rate of ASR defined in Table No.7-E below:-

Table No. 7-E
LR/RC Ratio	EWS / LIG	MIG	HIG
0 to 2	20%	45%	60%
2 to 4	23%	49%	64%
4 to 6	25%	53%	68%
Above 6	28%	56%	71%

7.4.3

Where redevelopment of buildings in the existing Housing Schemes of MHADA is undertaken by MHADA or jointly by the MHADA along with the housing societies or along with the occupiers of such building or along with the lessees of MHADA, the Rehabilitation Area Entitlement shall be as follows:-

i) Rehabilitation Area Entitlement:- The Rehabilitation Area Entitlement shall be increased by 15% of the existing carpet area, over and above the Rehabilitation Area Entitlement calculated as per Regulation No.7.4.2(i) above.

7.4.4

For the purpose of calculating the FSI, the entire area of the layout including Development Plan roads / Regional Plan Roads and internal roads but excluding the land under the reservation of public amenities shall be considered. Sub-division of plots shall be permissible on the basis of the compulsory open spaces as in these Regulations. For low cost housing schemes of MHADA for EWS/LIG categories, the Regulations of the UDCPR shall apply.

The reservations in the MHADA layout may be developed as per the provisions of these Regulations.

Provided that there shall be no restriction on the utilization of the FSI permissible under this Regulation except for the restrictions under any law, rule, or regulation.

7.4.5

For the purpose of this Regulation, the carpet areas for EWS, LIG or MIG tenements shall be as determined by the Government from time to time.

7.4.6

i) For providing the requisite infrastructure for the increased population, an infrastructure charge at the rate of 7% of the Land Rate as per the ASR of the year of approval of the redevelopment project shall be chargeable for the extra FSI granted over and above the basic FSI admissible for the redevelopment schemes. 50% of the Infrastructure Charge levied and collected by MHADA shall be transferred to the Authority for developing necessary off-site infrastructure.

ii) No premium shall be charged for the FSI admissible as per the prevailing regulations.

a) Construction of EWS/LIG and MIG tenements by MHADA on a vacant plot, or

b) In a redevelopment project for the construction of EWS/LIG and MIG tenements towards the share of MHADA.

7.4.7

Notwithstanding anything contained in these Regulations, the relaxation incorporated for the slum rehabilitation scheme shall apply to the Housing Schemes under this Regulation for tenements under EWS / LIG and MIG categories. However, the front open space shall not be less than 3.6 m.

7.4.8

i) In any Redevelopment Scheme where the Co-operative Housing Society/Developer appointed by the Co-operative Housing Society has obtained No Objection Certificate from the MHADA, thereby sanctioning additional balance FSI with the consent of 51% of its members and where such NOC holder has made provision for alternative permanent accommodation in the proposed building (including transit accommodation), then it shall be obligatory for all the occupiers/members to participate in the Redevelopment Scheme and vacate the existing tenements for the purpose of redevelopment. In case of failure to vacate the existing tenements, the provisions of relevant sections of the MHADA Act mutatis mutandis shall apply for the purpose of getting the tenements vacated from the non-cooperative members.

ii) For the redevelopment of buildings in any existing Housing Scheme of MHADA under clause 7.4.8(i) hereinabove, by MHADA, the consent of the Co-operative Housing Society in the form of a valid Resolution as per the Co-operative Societies Act, 1960 will be sufficient. In respect of members not cooperating

as per approval of the redevelopment project, action under relevant sections of the Maharashtra Housing and Area Development Act, 1976 may be taken by MHADA.

7.4.9

A corpus fund, as may be decided by MHADA, shall be created by the Developer which shall remain with the Co-operative Housing Societies for the maintenance of the new buildings under the Rehabilitation Component.

7.4.10

i) In case of the layout of MHADA where development is proposed under this Regulation and where such land is observed to be partially occupied by a slum, under section 4 of the Slum Act existing prior to 1.1.2000 or such other reference date notified by the Govt., then for integrated development of the entire layout area and in order to promote flexibility, MHADA may propose development, including area occupied by the slum, under this regulation.

ii) a) Each eligible residential or residential cum commercial slum dweller shall be entitled to a tenement of carpet area of 27.88 sq.m. (300 sq.ft.) and

b) Existing or 20.90 sq.m. whichever is less in case of non-residential.

iii) If such land occupied by slum is observed to be affected by reservation then the development of reservation on land occupied by slum shall be regulated by the Slum Regulation.

iv) Corpus fund: An amount as may be decided by SRA as per Regulation shall be deposited with MHADA Authority for each eligible slum dweller.