Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

Apr 06, 2024

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.