Special Rules for Nagpur City and Nagpur Metropolitan Region Development Authority 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. 10.3 Nagpur Municipal Corporation

The following regulations shall be applicable.

10.3.1 Buildings in Commercial Zone :

(a) In Non-congested areas:

FSI for buildings outside congested areas in the commercial zone - the basic FSI permissible shall be 2.00 for commercial cum residential use or purely residential use and 2.50 for purely commercial use.

(b) In Congested areas:

The permissible FSI for commercial use shall be 1.50 for the plots fronting on the road having a width less than 9.0 m. and 2.00 for the plots fronting on the road having a width of 9.0 m. or more.

10.3.2 Buildings in the Industrial Zone

a) In congested areas, the permissible FSI for industrial use shall be 1.00.

b) In non-congested areas, the permissible FSI for industrial use shall be 2.5.

10.3.3 I to R provisions -

Allowing Residential/Commercial uses in the Industrial Zone.

The Regulation No.4.8.1 in these regulations shall be applicable to Nagpur Municipal.

Corporation area with the following modifications.

i) Any open land or lands of closed Industrial unit/ units in the Industrial Zone (Excluding the leased out plots by NIT/NMC) may be permitted to be utilized for all the users permissible in the Residential zone with permissible FSI in the Residential Zone, subject to payment of premium to be paid equal to 15% of the rate of developed land as given in the Annual Statement of Rates published by IGR every year.

However, for the Industrial Plots leased out by the Planning Authority, (NIT/NMC) while granting I to R permission on these plots, FSI of 2.5 for purely commercial use and 2.00 for Mix use shall be permissible subject to payment of premium at the rate of 15% for Residential and 20% for Commercial use. Premium charges shall be as per the rate of developed lands as given in the Annual Statement of Rates published by IGR every year.

ii) Provisions of Regulation No.4.8.1(b)(iv) shall not be applicable where the Industrial layout has already been approved, and where in amenity space has already been provided in the approved layout.

10.3.4

For Plots admeasuring 1000 sq.m. and above (including amalgamated plots) in Residential zones, basic FSI shall be 1.25, in congested and non-congested areas, irrespective of road width. In cases covered in Regulation No.10.3.1 and 10.3.4 maximum building potential on the plot including in-situ FSI shall remain the same, as in Tables 6-A and 6-G. However, the owner shall be at liberty to avail, the difference of potential if any, out of column 4 or/and 5.

Rule No. 10.15 Certail Regulations Cease to Operate in Future

The Regulation No. 10.3.1, 10.3.2, 10.3.4, shall cease to operate on 1st Jan, 2022 or as decided by the Government from time to time and thereafter provisions of these regulations shall apply.

However, in the case of redevelopment projects, the Regulation No.10.1.1 shall continue in effect until 01st Jan, 2026.

Rule No. 10.4 Nagpur Metropolitan Region Development Authority

10.4.1 Development along Ring Road:

250 m. Residential Zone/Residential Belt proposed along the 60 m. wide Outer Ring Road as a corridor development is sanctioned, subject to payment of premium. The development in this 250 m. corridor is permitted on payment of premium as decided by the Government on the total area of land under development or building permission. Such premium shall be deposited with the concerned Authority.

10.4.2 Special Regulations for the Improvement Schemes:

The improvement schemes by Public participation which are sanctioned by the Government under the provisions of the Nagpur Improvement Act, 1936, and which come under the jurisdiction of the NMA area shall be valid and continue to be valid for the said purpose under the said Act. The Special Development Control Regulations for these schemes shall be as mentioned below :-

Any changes/Modifications/Amendments in the details layout or in the master plan shall be carried out by the Metropolitan Commissioner at his own level. However, the Public Amenity/Public Utility Areas and their percentage as per the original sanction shall not be changed while making Modifications/Amendments to the Schemes.

i) Improvement Scheme - The scheme is prepared under the NIT Act, 1936 for the notified area and is duly approved by the State Government and which is now included in the NMRDA area.

ii) Original Plot - A plot consisting of nearby khasras calculated as a single record in a village that is under the same ownership and has the same tenure status as defined in the respective 7/12 documents of the khasras.

iii) Final Plot - The plot that is reconstituted or reshaped from the Original Plot within a draft/sanctioned Improvement Scheme in a manner appropriate for development and given access from the public right of way. The Final Plots are reconstituted as per the relevant regulations/Acts as Final plots for Authorities share and owners share.

iv) Owner - An owner is a person who has legal title to land or building. The definition also includes :-

a) An agent or trustee who receives the rent on behalf of the owner.

b) An agent or trustee who receives the rent of a or is entrusted with or is concerned with any building devoted to religious or charitable purposes.

c) A receiver, executor or administrator, or a manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of the owner; and

d) A mortgage in possession.

v) Permissible FSI For Final Plot -

i) The Metropolitan Commissioner may allow the owner to develop the final plot in possession of the owner subject to handing over to the Planning Authorities share as an independent plot free of cost as per norms prescribed by the Metropolitan Commissioner.

ii) The owner shall thereafter be entitled to develop his final plot for the uses permissible in the adjoining zone as per the DCPR with full permissible FSI of the entire Plot along with Additional FSI / TDR potential permissible for his Final plot share as per Chapter No.6 of this DCPR .

iii) The Metropolitan Commissioner shall develop the Final Plot in his possession (Authorities Share) for the purpose for which the scheme is sanctioned. This plot shall be entitled to be developed as per potential permissible for Authorities' Final plot share as per Chapter No.6 of this UDCPR.

vi) Net Plot area for Computation of FSI - For the purpose of computing FSI/Built-up area, the net area of the plot shall be as defined in these regulations.

vii) Special Regulations For Inclusive Housing - The provision regarding inclusive housing in the development proposal shall be not made applicable in the Improvement scheme if the Final Plot in the possession of the Authority is to be designed and developed for the purpose of any affordable housing scheme.

viii) Height of Building - The maximum height of the building for all users shall be as per Chapter No.6 of this UDCPR.

ix) Amenities Space - If the Amenity space has already been provided in the scheme at the time of approval of scheme/layout, in such cases, the amenity space as required under this UDCPR shall not be insisted.

x) Land Use Permissible - All land uses mentioned in this UDCPR shall be permissible in the Improvement Schemes.

xi) Development Charges - The Development charges shall be recovered as mentioned in these regulations.

xii) Power to Authority - For the smooth implementation of the schemes, the Metropolitan Commissioner with the Approval of the Authority, makes/amends the rule in consistent with the relevant Act and Regulations assigned to it with prior approval of by the Government.

xiii) UDCPR - All regulations of UDCPR shall apply except the above special regulations.

10.4.3

The following regulation shall be applicable only for the reference of Regulation No.25.6 (xxxx) mentioned in the notification of sanctioning the Development Plan of Nagpur Metropolitan Region Development Authority.

In the Agriculture zone, Residential use shall be allowed subject to the following conditions -

a) Minimum area of land shall be 15.0 hectares.

b) Land shall front on a minimum of 12.0 m. wide existing road.

c) Permissible FSI/TDR shall be as that of the Residential zone.

d) The offsite infrastructure like road, water supply, and sewerage treatment plant having zero discharge shall be developed by the land owner at his own cost, unless this infrastructure is provided by the Authority.

e) 10% of the entire holding area shall be handed over to the Authority free of cost, without any FSI/TDR, and free of all encumbrances for sale by the Authority for residential, commercial, or industrial use depending upon the nature of development. This 10% area shall be over and above recreational open space and amenity space to be provided as per regulation. This 10% area shall front on a minimum of 12.0 m. wide road.

f) Premium on the gross area at the rate of 5% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein shall be paid to the Authority.

10.4.4

The following regulation shall be applicable only for the reference of Regulation No.25.6 (xxxxiii) mentioned in the notification of sanctioning the Development Plan of Nagpur Metropolitan Region Development Authority.

Development permission around the periphery of the Gaothan boundary -

Development permission around the periphery of the Gaothan boundary shall be allowed as per the Regulation mentioned as below. This regulation shall be applicable only to the Rural center and rural area. (excluding nine urban center areas) Regulation for residential zones and other regulations shall be applicable.

The peripheral residential area shown along the Gaothan village is deleted and land thereunder is included in the Agriculture Zone. The development along the periphery of the Gaothan shall be allowed subject to the following :

a) In the villages in Rural areas/Rural centers excluding the area under nine urban centers, Residential Development or development allowed in the Residential Zone, may be permitted within the periphery of the Gaothan boundary as per the criteria given below. The regulations in respect of residential zones specified in these UDCPR shall be applicable.

Sr. No.	Category of Village (Populations as per latest census)	Development allowed from the Gaothan boundary category
1	Up to 5000	750 m.
2	Above 5000	1000 m.

Such development may be permitted on payment of a premium of the total area of land. Such premium shall be calculated considering the 15% rate of the said land as prescribed in the Annual Statement of Rates of the year granting such developments. Such premium shall be deposited in the concerned Authority.

Provided that, where more than 50% of the area of the Survey Number/Gat Number is covered within the above peripheral distance then the remaining whole of such Survey Number/Gat Number within one ownership shall be considered for development on payment of premium as above.

Provided further that, the premium charges shall be recovered at the time of tentative approval of the Development permission. Where tentative development permission is already granted before publication of this Development Plan and final approval is yet to be granted, then in such cases premium charges shall not be recovered at the time of final approval.

Provided further that, such payment of premium shall not be applicable in cases where development permission is already granted or layout is already approved by the authority before the publication of the Development Plan. Such premium shall also be not applicable for revision of such already approved permissions.

However, such development should not be permitted on lands that deserve preservation or protection from Environmental considerations viz. Hills and Hills tops, and within the required Buffer Zone/Prohibited Zone from rivers, lakes, and reservoirs of minor and major projects of the water resource department.