Rules for Railway Line, River, Electric Line, Airport, Nallah in UDCPR 2020

Mar 18, 2024

There are general regulations about any construction permissible on land, and no piece of land shall be used as a site for the construction of a building if the site is not eligible for it.

If the Authority considers that the site is insanitary, incapable of being well-drained, or is dangerous to construct a building on it then it is not permissible to use this land as a site for construction.

For Example, if the site is in Defense land, Railway region Hilly region, or not drained properly, in this case there, one cannot construct anything on the land without considering the regulations. This information about reservations and their use is very important when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land.

This information about reservations and their use is very important when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land.

UDCPR 2020 Chapter 3 is all about General Land Development Requirements.

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

Rule No. 3.1 Requirements of Site

Rule No. 3.1.1 Site Not Eligible for Construction of Building

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rule No. 3.1.2 Distance of Site from Electric Lines

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

Table No. 3 - Distance of site from Electric Lines
Electric Lines	Vertical (Meters)	Horizontal (Meters)
Low and Medium-voltage Lines	2.50	1.20
High voltage lines up to and including 33000 V.	3.70	2.00
Extra High voltage lines beyond 33,000 V	3.70	2.00
Note - The minimum clearance specified above shall be measured from maximum sag for vertical clearance and from maximum deflection due to wind pressure for horizontal clearance.

Rule No. 3.1.3 Construction within Blue and Red Flood Line

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

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

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

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

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

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

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

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

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

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

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

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

Rule No. 3.1.5 Environmental Clearance

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

Rule No. 3.1.6 Development along Highways/Classified Roads

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

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

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

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

Rule No. 3.1.8 Distances from Landfill Sites

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

Rule No. 3.1.9 Restrictions in the vicinity of Airport

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

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

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

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

Note -

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

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

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

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

Explanation

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

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

Rule No. 3.1.10 Restrictions in the Vicinity of Ancient Monuments

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

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

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

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

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

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

Rule No. 3.1.12 Distance from Natural Lake and Dam.

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

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

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

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

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

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

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

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