Urban Renewal Scheme in UDCPR 2020

UDCPR 2020 Chapter 14 is all about the Special Schemes 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. 14.8 Urban Renewal Scheme

Urban Renewal Scheme (URS) shall be applicable for all Corporations as given below.

14.8.1 Urban Renewal Scheme (URS) for Municipal Corporation Area –

i) “Urban Renewal Scheme” (URS) means any scheme for redevelopment of a cluster or clusters of buildings and structures in a Municipal Corporation Area, over a minimum area of 10,000 sq.m., in a non-congested area and 4000 sq.m. in congested area, bounded by existing distinguishing physical boundaries such as roads, Nallahs, railway lines etc. accessible by an existing or proposed D.P. road which is at least 18.0 m. wide and identified for urban renewal-

However, in specific cases, in which URS is not bounded by roads, Nallahs and railway lines etc., and/or, areas of any vacant or encroached land situated in the periphery of 400 mt. belonging to Municipal Corporation/any Public Authority/Planning Authority / Special Planning Authority, which is not contiguous, is proposed to be included in the URS, then the boundaries of such cluster having non-contiguous area can be decided/finalized the by Municipal Commissioner, in consultation with High Power Committee (H.P.C.). 

However, in specific cases, in which URS is not bounded by roads, Nallahs, and railway lines, then the boundary of the cluster can be decided/finalized by Municipal Commissioner, in consultation with High Power Committee (H.P.C.)

In case of demonstrable hardship such as natural sub-division by roads, Nallahs, river, or railway lines, the area of the cluster can be allowed up to an area of 8000 Sq.m. in the non-congested area which shall be allowed by the Municipal Commissioner in consultation with H.P.C.

However, no forest land shall be included in such URS.

Provided that, encroached forest land may be included in such URS for clearance of

encroachment on such forest land with NOC of Forest Department. However, after clearance of encroachment, such forest land shall be used as mentioned in regulation 14.8.7(i)(g) with the NOC of the Forest Department.

ii) Such URs may be :-

a) Under the Development Plan (D.P.), where the D.P. contains such well-defined Clusters; or

b) Under the Urban Renewal Plan (URP) for the concerned area, prepared and notified by the Commissioner, who may revise the same, as and when required; or

c) By the Promoter of the Urban Renewal Scheme over a cluster or clusters of buildings, where such clusters are not shown on the D.P. and the URP is yet to be prepared. If such plans are submitted and approved, these shall mean to be URP within the meaning of this Regulation.

iii) Building Age Criteria for URC shall be as under:-

The Urban Renewal Cluster (URC) may consist of a mix of structures of different characteristics such as -

a) Unauthorized buildings which are at least 30 years of age

b) Authorized dilapidated buildings, as determined by the Designated Officer appointed by the Municipal Commissioner or as per the regulations of Redevelopment of Dilapidated Buildings

c) Authorized buildings which are at least 30 years of age

d) Buildings belonging to the Central Government, the State Government, Semi- Government Organizations, and Municipal Corporations, as well as Institutional Buildings, Office Buildings, tenanted Municipal Buildings, and Staff Quarter Buildings of Municipal Corporations, that are at least 30 years of age with prior consent of the respective Authority.

e) Any land belonging to the State Government, or any Semi-Government Organization,

Municipal Corporation and MHADA (either vacant or built upon) which falls within the area of the proposed Urban Renewal Scheme including that which has been given on lease or granted on the tenure of Occupant Class II, provided that if built upon, these buildings shall be at least 30 years of age.

f) Any other buildings which may be less than 30 years of age but which by reasons of dis- repair or because of structural/sanitary defects, are unfit for human habitation or by reasons of their bad or sub-optimal configuration or the narrowness of streets are dangerous or injurious to the health or safety of the inhabitants of the area, as certified by the by the Designated Officer appointed by Municipal Commissioner or as per the regulations of Redevelopment of Dilapidated Buildings.

g) Slum areas declared as slums under section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, or slums on Public lands prior to 1st January, 1995 or such other reference date notified by the Government. However such slum area shall be a maximum of 25% of the cluster area.

In the case of Ulhasnagar Municipal Corporation, the minimum area shall be 4000 Sq.m. for non-congested and congested areas.

Notwithstanding Anything Contained in these regulations, it shall not be permissible to develop a declared slum under Regulation No.14.7 which is included in URP/URS prepared & notified as per Regulation No.14.8.1(ii). 

h) The lands belonging to MIDC can be included in the URS after obtaining the necessary clearance from the Industries Department.

Explanation - 1. - The age of a building shall be as of the 1st of January of the year in which URC involving such building, complete in all respects is submitted to the Commissioner or prepared and notified by the Commissioner and shall be calculated from the date of occupation certificate or, where such occupation certificate is not available, from the date of assessment as per the property tax record in respect of such building, available with the Municipal Corporation.

Explanation - 2. - Whenever any authorized building, more than 30 years of age, is included in a URC, the same shall not be done without evaluation of its state of disrepair by the Municipal Corporation, and if such building is found in a state of disrepair, only after giving the owner/occupier (s) thereof, a notice of three months to cause any repairs needed. At the end of three months, if such a building is found to be habitable and safe, such building shall be treated at par with authorized buildings that are less than 30 years of age. If at the end of three months, such a building is found and certified by the Designated Officer appointed by the Municipal Commissioner or as per the regulations of Redevelopment of Dilapidated Buildings as dilapidated and unsafe for habitation, such building shall be included in the URC without the requirement of consents.

Explanation - 3. - If some authorized buildings that are less than 30 years of age or buildings that are developed or in the process of development, under the different provisions of the DCR, are required to be included in the URC for the purpose of wholesome planning, they may be so included, provided the area under such buildings does not exceed 40% of the total area of URC. If any such building is included in the URC without the requisite consent of 70% of all title holders of such building, the Commissioner shall retain such building while designing/sanctioning URS, and the area of such building shall be excluded from the calculation of FSI under this Regulation.

However, the area under the slum mentioned in Regulation No.14.8.1(iii)(G) and the area under the authorized structure mentioned above shall not be more than 50% in aggregate.

Explanation - 4. - When any private land owner/developer

Explanation - 4. - When any private land owner/developer submits such a scheme will be given priority during implementation.

14.8.2 Eligibility for Urban Renewal Cluster (URC) –

i) For Buildings outside Slums - Every occupant of every building falling under a URC on the date of sanction of this Regulation (hereinafter referred to as the cut-off date), shall be eligible for rehabilitation and relocation under the Scheme, by the provisions of Regulation No.14.8.4 and 14.8.5, subject to the ineligibility criteria mentioned herein below.

a) No new Tenancy, occupancy, or any other right created after the cut-off date shall be taken into account in any illegal or unauthorized construction. No unauthorized construction made after the cut-off date in any existing building or in the form of a new building shall be considered while doing the computation of existing FSI or liability of rehabilitation on the URC.

b) Any occupant, who has been allotted any subsidized housing in the respective Metropolitan Region, or in the Corporation area as the case may be, by any public or semi-public authority in the past shall not be eligible for subsidized rehabilitation under a URC as mentioned in Regulation No.14.8.5. For this, a self-declaration in the form of Registered Affidavit shall be considered sufficient which, if ever found to be false, shall render the concerned allottee liable for eviction and prosecution as per law.

c) Subject to the foregoing provisions, only the actual owners of a residential unit of the authorized building and the occupants of unauthorized buildings fulfilling the eligibility criteria mentioned under this Regulation shall be held eligible for rehabilitation and any person, other than the actual occupant, claiming rights as owner/ promoter/developer/ lessee over any land/building/structure included in the URC, shall have no right whatsoever to rehabilitation under the URC in the reconstructed tenements against such land/building/structure. In the case of an unoccupied building or a building occupied illegally, no one shall have the right whatsoever to rehabilitation under the URC, against such building/structure.

ii) Slum Areas - Whenever a Slum area or part thereof is included in a URC, eligibility of the hutment dwellers of such slum area rehabilitation under the URC, shall be governed by corresponding provisions of the Slum Rehabilitation Scheme. Eligibility of any hutment dweller of a Slum area included in the URC shall be certified by the Competent Authorities as notified under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment Act, 1971). For slum dwellers not covered under the Slum Rehabilitation Scheme, the eligibility for rehab area shall be the same as under the Slum Rehabilitation Scheme.

14.8.3  Determination of eligibility and requirement of Rehabilitation and Relocation areas under URS –

i) The Municipal Commissioner shall initiate the process for determination of eligibility and requirement of the alternative area of Rehabilitation and relocation of each occupant under any URS, along with the determination of rights over lands falling under the Urban Renewal Cluster(s) and the consideration thereof.

ii) The Municipal Commissioner shall designate officer(s), not below the rank of Assistant Municipal Commissioner, who shall be called Authorized Officer(s) and shall cause to be done the survey required for the purpose mentioned in Clause (i) above and declare and publish the list of buildings/structures and their owners/lessees, occupants/tenants etc., for inviting suggestions and objections along with relevant records, within one month of such publication for determination of entitled area and the consideration to be offered to the owners/lessees and other right-holders as well as eligibility and admissible area for the occupants, in accordance with the provisions in this Regulation. Authorized Officer(s) shall, after due inquiry and hearing, finalize the said list(s) and cause the same to be published. Appeal against any decision leading to finalization of the said list shall lie with an officer not below the rank of Deputy Municipal Commissioner who is authorized in this regard by the Municipal Commissioner, in writing.

14.8.4 Entitlement of Rehabilitation –

i) All the eligible occupants of the building(s)/slums undergoing redevelopment under a URC shall be rehabilitated in the redeveloped building(s) :

Provided that the Municipal Commissioner may also rehabilitate, in the rehabilitation buildings of the URC, one or more persons declared eligible for allotment of tenement under any other Scheme or Project of the Government or Corporation, Project Affected Persons, outside the area of URC.

ii) Each eligible residential occupant, other than occupants of Slums included in URC, shall be rehabilitated on a carpet area equivalent to the area occupied by such occupant in the old building. However in the case of residential occupants, such carpet area shall not be less than 30 sq.m. and in the case of commercial, such carpet area shall be as per the actual area in possession.

Further, the residential occupants belonging to authorized buildings shall be entitled additional 25% of the eligible area.

iii) Any occupant of a slum structure included in URC, either residential or commercial, whether eligible under the Slum Rehabilitation Scheme or not but eligible under this Regulation, shall be entitled to a carpet area as prescribed in the Slum Rehabilitation Scheme.

iv) All the eligible occupants shall be rehabilitated in the redeveloped buildings of URC as far as possible. However, at the request of or with the consent of an occupant, he may be allotted alternative rehabilitation in a location outside URC, up to the extent of his eligibility, at the discretion of the Municipal Commissioner. Request or consent under this provision shall however be irrevocable.

Explanation - Though the Commissioner shall endeavor to make provision for rehabilitation areas as per the entitlement of each and every eligible occupant, whenever such area, whether for residential user or non-residential user, within a range of 10% of the individual entitlement of any occupant, is not available in the URC, he shall be entitled for rehabilitation in an available tenement of immediately next higher area, subject to the allottee paying for the differential area.

If the beneficiary refuses to pay the specified amount towards such differential area, he will be entitled for an available rehabilitation tenement of immediately lower area, without any consideration towards such reduction in area.

14.8.5 Terms of Allotment of Rehabilitation Tenements –

i) Allotment of rehabilitation tenements for owners belonging to authorized buildings shall be free of cost and without any consideration for the original area and an additional 25% area over and above the eligible area Shall be allowed for the occupants of the authorized buildings, free of Cost.

If any non-residential unit holder demands a residential unit against his non-residential previous holding, such request may be considered by the Commissioner in consultation with HPC. However, to consider such a request shall not be obligatory on the part of the Commissioner.

Allotment of rehabilitation tenements to occupants belonging to unauthorized/illegal buildings and slums shall be at a consideration in accordance with the following Table No.14-X :-

Note for Thane Corporation Area - The erstwhile structures within the Gaothans which subsequently merged with the Municipal Corporation in 1982 will be considered as protected and legal structures.

ii) If an eligible occupant finds it financially unaffordable to pay the amounts as mentioned herein, the Commissioner may allot him a tenement of the immediately lower area. If any eligible beneficiary finds it financially unaffordable to pay even the amount required for the minimum area, or fails to make payment as per the Schedule of payment given by the Commissioner, the Commissioner may allot him a tenement of the minimum area on hire-cum- a purchase basis, till such allottee pays the requisite amount in one or more installments or through EMI payments. Rent in such cases would be decided by the Municipal Commissioner and EMI shall be calculated for such number of years at such rate of interest as may be fixed by the Municipal Commissioner.

iii) Any existing amenity in the URC on the date of coming into force of this regulation which is under the control of a private person/organization and Charitable Trust/religious organization shall be entitled to an area equal to the existing area of such amenity, subject to the following :-

a) For an amenity being used for non-residential activities and under the control of a private person(s)/organization(s), allotment of the equivalent area under URS shall be at 50% of ASR Rate for a commercial area up to 40 Sq. Meters and at 100% of ASR Rate for the commercial area above 40 Sq.m.;

b) For an amenity being used for non-residential and in control of any Charitable Trust or religious organization to raise funds for public welfare activities, such allotment shall be free for an area up to 40 Sq. meters and at 50% of the ASR Rate for construction above 40 Sq. Meters.

c) for an amenity having users like (e.g. Educational/Health-care facility etc.) and under the control of the private person(s)/ organization(s) such allotment shall be at 25 % of ASR Rate for a constructed area up to 40 Sq. Meters and at 50% of ASR Rate for constructed areas above 40 Sq. Meters.

iv) Process of Allotment to Beneficiaries and Conditions thereof :-

a) Process of allotment of tenements to beneficiaries, lease conditions including those pertaining to transfer, formation of co-operative housing societies and policy of maintenance of common amenities of buildings and layout as well as policy regarding any other relevant matter shall be as determined by Corporation from time to time.

b) Allotment of land shall be on lease for the period of 30 years, which shall be renewable for a further period of 30 years at a time. However, the Allotment of rehabilitation tenements for owners and beneficiaries shall be on an ownership basis. This provision of the lease shall not apply to the authorized building constructed on private land.

c) Rehabilitation tenements allotted to beneficiaries shall not be transferable for the first fifteen years, except with prior permission of the Commissioner, who may grant such permission in case of hardship, on payment of premium as below :

i) For the transfer of Rehabilitation tenements allotted to Occupants belonging to the authorized buildings, no premium shall be charged;

ii) For carpet area less than 30.00 Sq.m. premium shall be 10% of the differential amount calculated as per clause (iv) below;

iii) For the transfer of Residential and non-residential Rehabilitation tenements other than those covered under (a) and (b) above, the premium shall be 25% of the differential amount calculated as per the explanation below.

iv) Differential amount for the purpose of clauses (ii) and (iii) shall be equal to the difference in the Annual Statement of Rates (ASR) valuation in the year of transfer and the original consideration paid for the allotment of a Tenement brought forward to the year of transfer through capital inflation index.

Provided that, In case of unauthorized transfer of any Rehabilitation tenement, the Commissioner may regularize the transfer by charging double the premium as mentioned above, with 12% interest from the date of transfer.

Provided further that, If the transferee refuses to pay the premium demanded within 3 months of demand, the Commissioner shall initiate the process of vacating the premises, though in cases of willingness but hardship, the Commissioner may grant installments with 12% interest rate.

v) After consideration for land falling under URC to the person(s) having legal rights in land as per regulation No.14.8.8(iv)(c) is offered and provision for rehabilitation all the eligible beneficiaries of the building(s) under URC is proposed in redeveloped building(s) in URC area as per Regulation No.14.8.4.

In respect of those eligible beneficiaries of unauthorized/illegal buildings and slums entitled to rehabilitation tenement in URC, who do not join the scheme willingly, the following steps shall be taken :-

i) Provision for all of them shall be made in the rehabilitation component of the

scheme.

ii) The details of the tenement that would be given to them by way of allotment on the

the same basis as for those who have joined the scheme will be communicated to them

in writing by the Implementation Agency.

iii)The transit tenement that would be allotted to them would also be indicated along

with those who have joined the scheme.

iv) If they do not join the scheme within 15 days after the approval for Implementation

Agency has been given to the scheme, then action under the relevant provision of the M.R. &T.P. Act, as amended from time to time, shall be taken and their structures will be removed and it shall be ensured that no obstruction is caused to the scheme of the majority of persons, who have joined the scheme willingly.

v) After this action under the foregoing clause is initiated, they will not be eligible for transit tenement along with the others and they will not be eligible for the reconstructed tenement, but they will still be entitled only to what is available after others have chosen, which may be on the same or some other site.

vi) If they do not join till the building permission to the scheme is given, they will completely lose the right to any built-up tenement and their tenement shall be taken over by the Commissioner and to be disposed of as per the MMC Act or as per guidelines issued by the Government from time to time and used for the purpose of accommodating Project Affected Persons and other beneficiaries etc. who cannot be accommodated in-situ. 

14.8.6 The permissible FSI for URC –

i) The FSI permissible in the URS shall be the FSI required for rehabilitation of existing occupiers/tenants + incentive FSI under this Regulation, or 4.00 whichever is higher. Provided that the Incentive FSI component on rehabilitation area shall be governed by the ratio of Land Rate (LR) (in Rs. Per Sq.m.) of the URC under redevelopment to the Rate of Construction (RC) (in Rs. Per Sq.m.), as per the Annual Statement of Rates (ASR) applicable to the area and size of the URC as given in the table below.

Explanation :-

(a) In case of different land rates area applicable to different parts of the URC, weighted

average of all the applicable rates shall be taken for calculating the Average land rate and

basic ratio.

(b) The land rate and the rate of construction for calculation of the basic ratio shall be taken

for the year in which the URS is approved by the competent authority and shall remain unchanged during the entire project cycle of the URS.

FSI shall be calculated over the gross area of the URC, deducting area falling in CRZ and Forest areas if any. However, if the area in CRZ-II is up to 25% of the URC then the FSI shall be allowed to be used in non-CRZ areas. However, no FSI shall be allowed for the area from CRZ-1. Out of the construction area allowed as per Global FSI, FSI that cannot be actually utilized in URC, due to constraints imposed by different provisions of UDCPR, or otherwise, shall be converted into Urban Renewal TDR (URT) which shall be utilizable on a receiving plot. 

ii) The URT may be released by the Commissioner in stages to be decided by him but URT released at any point of time shall never exceed construction done in URC with respect to buildings where Occupation Certificates have been granted and 50% of construction done in URC with respect to buildings where Occupation Certificates are not granted.

iii) The FSI for an Urban Renewal Scheme in the CRZ area shall be governed by the MoEF Notifications issued from time to time, and the same shall be taken into account while computing permissible FSI as per Clause (i) above.

Plot area, considered after deducting the area of URC falling in CRZ / Forest area and area under unbuildable reservations, etc. shall be primarily used for rehabilitation of existing occupants and development of buildable reservations and public amenities with required FSI. After the said development, if there are any eligible occupants left who could not be rehabilitated due to the inability to construct the requisite area for rehabilitation and relocation, owing to constraints imposed by UDCPR, shall be rehabilitated in any nearby URS or in the PAP tenements available with the Corporation; as per the policy guidelines decided by the Corporation.

iv) If after construction of rehabilitation tenements and other areas of entitlement as per the provisions of this Regulation, there is still some building potential left as per the ceiling of 4.0 FSI, construction can be done for free sale, either in independent buildings, or on sub- plots or in composite buildings or in undivided plots along with rehabilitation component.

v) When the FSI is available in URC in case less than 4.0 then 50% of the difference in FSI shall be constructed in the form of EWS/LIG tenements and shall be handed over to the Commissioner. The commissioner may use these tenements preferably for transit accommodation, PAP tenements or staff quarters. However if tenements are not needed for the above purpose then the Municipal Commissioner shall after realization of proceeds from the disposal of these tenements, deposit such proceeds in the Shelter Fund set up under this Regulation.

14.8.7 Development of Reservations contemplated in Development Plan falling in the area of URC –

i) All the reservations in the Development plan falling in the area of URC shall be provided and may be rearranged/relocated, under URS as follows :-

a) Redevelopment/reconstruction in any zone shall be allowed to be undertaken without going through the process of change of zone. However, for the industrial user, the existing segregating distance shall be maintained from the existing industrial unit.

b)  Any land under non-buildable reservations, measuring only up to 500 sq. mt. maybe cleared by shifting the existing tenants from that site.

c) If the area under a non-buildable reservation is more than 500 sq. mt. minimum of 50% of the area under reservation shall be developed for the same purpose and handed over to the Municipal Corporation, subject to a minimum of 500 sq. mt. and the remaining land shall be allowed for development.

d) For the reservation of a parking lot on a land included in URC, a built-up area equivalent to zonal permissible FSI for the area under reservation in that plot shall be made available free of cost to the Corporation or to any other Appropriate Authority. Such a built-up area to be handed over shall be free of FSI.

e) For other buildable reservations on land, built-up area equal to 60% of the zonal permissible FSI under such reservations or existing built-up area of the amenity whichever is more, on that plot shall be made available free of FSI and free of cost to the Municipal Corporation or to the Appropriate Authority. The reservations of compatible nature can be preferably constructed in one or more separate blocks, depending on the area and nature of such reservations and Municipal Commissioner may permit composite development of reservations in case of such reservations.

However, if the HPC/Planning Authority requires a built-up area under any designation/reservation in excess of the zonal permissible FSI, then such excess area shall be considered as rehabilitation FSI and incentive FSI as admissible under this Regulation shall be permissible.

Provided that in case of development of reservations of PH / HDH & HD under the Urban Renewal Scheme, built-up area equal to 30% of the zonal permissible FSI shall be handed over to the Municipal Corporation free of FSI and free of cost, in addition to the rehabilitation of the existing tenements or users if any.

f) Where a proposed Development Plan Road or Regular line of street passes through the Urban Renewal Scheme area, the entire FSI admissible under this Regulation for the area of the road may be given in the same Scheme.

g) Built-up area required for the development of public amenities/reservations shall not be counted while computing permissible FSI under URS. If URS includes areas falling under CRZ and Forest, subject to NOCs of the concerned Authority, these areas may be considered against the compulsory open space to be kept as per DCR.

h) The multiuser mix user in High rise or composite building for public purpose amenities shall be permitted.

ii) If the area under non-buildable reservation except Play Ground in the URS area is more than 2000 sq.m. a minimum of 50% of the area of such reservation or 2000 Sq.m. whichever is more shall be developed for the said purpose.

14.8.8 Preparation and Approval of URS –

i) Subject to the provisions of the Development Plan and the URP prepared and notified by the Commissioner, the Commissioner may prepare a detailed plan, for one or more URCs contained therein, showing proposals for the development/ reconstruction of a cluster of buildings and/or structures, which in the opinion of the Commissioner should be developed or redeveloped under a URS. Such a plan shall include -

(a) Plan for overall development/Redevelopment of specific areas for urban renewal.

(b) Strategies and plans for dealing satisfactorily with areas of bad layout, obsolete development, and slum areas, and relocation and rehabilitation of population.

(c) Open spaces, gardens, playgrounds, and recreation areas.

(d) Area or areas required for making the implementation of such plan for Urban Renewal viable.

ii) After preparation of detailed plans of URC(s), the Commissioner shall place the same for approval of a High Power Committee (HPC) constituted under this Regulation as follows-

After approval of detailed plans of URC(s) as aforesaid, the Commissioner shall proceed to select an Implementation Agency for executing URS in the manner described herein. The proposal to finalise the Implementation Agency shall be put to HPC which will forward the same with the recommendations to the State Government for final approval.

iii) Entitlement for consideration under URS-

Anyone having any legal rights over any parcel of land falling under URS shall, after the establishment of his rights, be offered consideration for such land as per the following provisions which, if declined by any rights holder(s), shall give liberty to the Commissioner to initiate the process of acquisition of such rights under appropriate law. Implementation of URS shall be regarded as a public purpose.

iv) Consideration for Land falling under URS -

a) Person(s) having legal rights in any land required for URS under this Regulation shall be

offered consideration for the entitled area of land as provided hereinafter.

b) The basis for determination of the entitled area towards consideration under the URS Scheme shall be as follows :-

i) Person(s) in legal possession and ownership of unencumbered land :- Entitled area collectively against this parcel of land shall be equivalent to the area of the land.

ii) Person(s) in legal possession and ownership of encumbered land where authorized buildings have consumed FSI less than the permissible FSI :- If the liability of rehabilitation of the occupants of the building(s)/Structure(s) on the land in question is being taken on URS, entitled area collectively against such parcel of land shall be 25% of the area of encumbered land plus the difference of FSI available on such parcel land and the encumbrance; if the occupants of the building(s) are being independently rehabilitated/compensated by the person(s)/rights holders in legal possession and ownership of the land, and not being rehabilitated in URS, entitled area collectively against such parcel of land towards consideration shall be equal to FSI available on the vacated land area.

Provided that the area of rehab is less than the component of free sale, the component for free sale could be enhanced up to 30% by the Municipal Commissioner in consultation with HPC.

iii) Person(s) in possession and ownership of authorized encumbered land where buildings have consumed FSI more than permissible FSI :- If liability of rehabilitation of the occupants of the building(s)/Structure(s) in question is on the land being taken on URS, entitled area collectively against such parcel of land shall be 25% of land area, if the occupants of the building(s)/Structure(s) are being independently rehabilitated/compensated by the person(s)/rights-holder (s); in possession and ownership of the land, and not being rehabilitated in URS, entitled area collectively against such parcel of land towards consideration shall be equal to FSI  available on the vacated land area.

iv) Person(s) having right over unauthorisedly encumbered land :- Entitled area collectively against this parcel of land shall be calculated at 50% of entitled area calculated as per clause (ii) and (iii) above, except when occupant(s) of the building(s) are being rehabilitated/compensated by such Person(s) and are not being rehabilitated in URS, entitled area towards consideration shall be equal to FSI available on the vacated land area.

c) Consideration for Acquisition of land under URP -

i) Consideration for any land required to be procured for URP shall be either in terms of payment due for entitled area collectively against that parcel of land, as calculated in Regulation No.14.8.8(iv)(b) above as per ASR, along with 100% solatium, as applicable for the year of possession, along with 12% annual (2) simple interest from date of possession to date of payment, or in terms of TDR equivalent to the entitled area (2) as per TDR Regulation No.11.2 or in terms of equivalent area constructed in URS (3) or in terms of developed free sale vacant plot of area equal to 50% of entitled area calculated as per clause (i), (ii), (iii) and (iv) of Regulation No.14.8.8 (iv)(b) above, with base FSI of 1.1 in the same URC fronting on same road width as original plot, subject to availability of land. Concerned person(s) shall have option to choose from amongst these (3) four modes of consideration. The option once chosen shall be registered and shall be irrevocable.

ii) Once consideration as above, has been accepted by a person having any interest in the land on which any unauthorized construction exists or existed, the Commissioner may consider such person eligible for Compounding of any offense under relevant provisions of M.R. & T.P. Act with respect to the concerned land/plot.

iii) Wherever any person having demonstrable legal rights over any area falling under URP rejects the consideration being offered, the Commissioner shall forward the proposal for Land Acquisition under the “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” read with section 126(1)(c) of Maharashtra Regional and Town Planning Act, 1966. In such an eventuality, the Commissioner may move the competent authority for advance possession of the land(s) so as to ensure smooth implementation of URS and shall pay the requisite advance, rent, etc. under the “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”, as determined by the Competent Authority.

If, however, there is any dispute only about apportionment of consideration among person(s) having demonstrable legal rights over any land falling under URS, the Commissioner shall ask the disputing parties to approach a Competent Civil Court to get their disputes resolved and to settle apportionment of consideration as offered under this Regulation. Till the final decision in this regard is received, to ensure that URS does not get delayed and adversely affect other parties to the URS; the Commissioner shall cause an area, equivalent to the entitled area corresponding to such land, to be constructed as part of URS and in case the claimant(s) of ownership finally declared eligible by the Competent Court decide upon an option other than constructed area and exercise such other option, as mentioned in Regulation No.14.8.8(iv)(b), the Commissioner shall pay consideration as per such option exercised and such reserved constructed area in URS shall vest with the Corporation.

iv) In any proposed URC, any open plot is included and if the concerned owner is not willing to participate in URC, the compensation payable shall be as per Land Acquisition, Rehabilitation and Resettlement Act, (1) 2013 read with section 126(1)(c) of Maharashtra Regional and Town Planning Act, 1966.

v) In case of buildings or lands belonging to the Central Govt., the State Government, Semi-Government Organizations and Municipal Corporation or MHADA or any Local Government, or any Corporation or Company owned by the Central/State Government or any Local Government (hereinafter collectively referred to as Public Authority), prior consent of such Public Authority shall have to be obtained for their inclusion in the URS. For such lands or buildings, the Commissioner may either offer Market Price, to be decided by mutual consent, subject to ratification by the Municipal Corporation, or may offer constructed area, in-situ or ex-situ, in a composite or independent building or may, alternatively, offer equivalent TDR as per TDR regulations No.11.2 or may offer an exchange of suitable land as per mutual consent, subject to ratification by the Municipal Corporation and thereafter such land(s)/building(s) shall vest with the Municipal Corporation and shall form the part of URS.

14.8.9 Planning for Rehabilitation and Free Sale Plots in URS –

i) The net area of URC shall be calculated after deducting the area under CRZ and Forest, if any. Out of the total net area of the URC, a maximum of 50% area in terms of one or more plots, to be called Free Sale Plots, shall be carved out for raising resources to cover the cost of construction of rehabilitation components and development of all the reservations and amenities. While carving out Free Sale Plots, due weightage shall be given to the fact that the higher is the percentage of these plots in terms of area, the more dense is the Rehabilitation Area, and in exceptional cases, the Commissioner may reduce these Free Sale Plots to zero. The percentage of the free sale plot may be enhanced up to 50% subject to approval by the HPC by considering 100% in-situ Rehabilitation with consumption of minimum FSI of 2.5 and if the net plot area excluding the Recreation Ground area is more than 8000 Sq.mt. under URS. The constructed area available on this Free Sale Plot collectively shall be equal to that available over the whole URC minus that required for rehabilitation and relocation. If Free Sale Plots are more than one, the Commissioner may distribute the available free sale construction area under URS over such plots, as he may deem fit. Such free-sale plots shall be deemed to belong to the C-1/C-2 Zone for the purposes of permissible users thereon.

Provided that, in exceptional cases, the above percentage of free sale plot may further be enhanced beyond 50% in order to make the scheme viable and minimize generation of URT, subject to fulfillment of the following conditions, subject to the approval of HPC :-

a) 100% in-situ rehabilitation;

b) no dilution more than what is mentioned in Regulation No.14.8.7, in the area of development plan reservations. 

ii) After the development of reservations, any occupants who could not be settled due to non-buildability of the required construction area for rehabilitation and relocation, owing to constraints imposed by DCR, shall be rehabilitated in the nearby URS or PAP tenements available with the Corporation; as per policy guidelines decided by the Corporation.

iii) Two or more contiguous URCs within a notified URP having different densities may be permitted to get clubbed for implementation purposes sharing the densities in order to ensure balanced development increasing the viability of clusters.

14.8.10 Selection of Implementation Agency –

If an owner or group of owners or proposed co-op. Hsg. Society of occupants or federation of occupants, either directly or through a Power of Attorney Holder, collectively owning more than (1) 51% of the area of URC or a part thereof, come forward for implementation of URS as per the Detailed Plan prepared by the Commissioner for such URC, within 3 months of declaration of the detailed plans of URC, or within such extended period as may be granted by the Commissioner, they may be selected as Implementation Agency for implementation of URS on such URC. In such a case (2) the infrastructure should be developed by the Implementing Agency at their own cost, otherwise an Infrastructural charges at the rate of 10% of construction cost (2) of buildings of rehab & free sale component (excluding infrastructure) as per prevailing ASR to be received by the corporation. In case owners/stakeholders owning more than 51% of the whole or part area of URS as mentioned above fail to come together, the selection of an implementation agency for the URS shall be done through a transparent bid process.

14.8.11 URS by Private Promoters/MHADA/Co-operative Housing Societies –

i) Whenever there is no URP made by the Commissioner or wherever there is no URS floated by the Commissioner over one or more URCs falling under URP made by the Commissioner, any Private Promoter, MHADA, Co-operative Housing Society, federation of occupants, etc. may approach Commissioner with consent of owners/stakeholders of 51%of any area requiring Urban Renewal, for implementation of URS thereon and Commissioner may, after satisfying himself that conditions mentioned herein, which make an area fit for redevelopment under URS are met, decide to implement URS thereon and, subject to other conditions and processes mentioned in this Regulation, appoint such applicant as implementation agency at the Base Premium. The Authority shall decide the base premium with the approval of the High Power Committee (HPC).

ii) In case where there are some owners (pertaining to less than 30% area) who have not given their consent to the Private Promoter, MHADA, Co-operative Housing Societies, etc. for URS, who are appointed as per Clause (i) above by Commissioner as Implementing Agency, the Commissioner shall offer remaining owners and right holders consideration for their rights as mentioned in the provisions for URS being designed and implemented by Commissioner, and if these considerations are rejected by these dissenting owners or right holders the Commissioner shall forward proposals for Land Acquisition to competent authority. In such cases, if final compensation is in terms of money, the same shall be recovered from the Implementation Agency and if final compensation is in terms of TDR, the market value of such plots as per ASR rates shall be recovered from the Implementation Agency, in addition to the Base Premium.

iii) A Surcharge on Development undertaken by the promoter/Developer at the rate of 100% of the Development charge shall be leviable, which may be paid in stages in proportionate with the progress of work. This surcharge shall not be applicable to the construction within basic FSI, the built-up area to be handed over to the Municipal Corporation or any Public Authority in lieu of any reservation, and also to the amenity areas to be handed over to the Municipal Corporations per the requirement indicated by the Municipal Corporation or the High Power Committee.

Explanation - 1. - In case of inclusion of a Slum in URS, any person/agency having the consent of more than 51%eligible Slum dwellers shall be construed to be the appropriate person/ agency to deal with the issues regarding the whole area of the Slum for the purposes of this subsection only. i.e. for the purposes of decision about the Implementation Agency.

14.8.12  Transit Camps - For smooth implementation of the URS, construction of temporary transit camps may be permitted on the same land or a land situated elsewhere as given here under:

i)  Irrespective of its land-use classification under the Development Plan, construction of temporary transit tenements made of light detachable material such as tubular/prefabricated light structures shall be allowed up to an FSI of 4.0 on any nearby vacant site without any reservation in the Development Plan, with the consent of the land-owner.

ii)  The temporary transit camp shall be provided on or close to the site of URS itself. However in exceptional circumstances to be recorded in writing, construction of Temporary Transit Camps may be permitted on the area of open space required to be kept in accordance with Regulation No.3.4.

iii) Multi-storeyed temporary transit tenements may be allowed to be constructed with 4.00 FSI on the site of URS.

iv) The area of temporary transit tenements shall be excluded from the computation of FSI, but the structural safety of such tenements shall be ensured.

v) Building permission for Temporary Transit Tenements shall be given within 45 days from the date of application but only after approval to the URS, failing which such permission shall be deemed to have been granted.

vi) If a site, reserved in the Development Plan for any public purpose is vacant or partly encumbered, or it happens to be the unused portion of such public purpose for which such site is reserved, and there is no other option for locating temporary transit tenements, then such site or unused portion may be utilized for building temporary transit tenements, with the permission of Commissioner, on payment of such rent and subject to such conditions as the Commissioner may prescribe.

vii) Temporary transit camp erected, under this Regulation shall have to be demolished by the Developer within 30 days from the grant of the Occupation Certificate to the Rehabilitation buildings, and the land there under shall be brought back to the original state.

14.8.13 Non-conforming activities - 

All activities that are existing shall be allowed to be re-accommodated regardless of the non-conforming nature of such activities, except those that are hazardous and highly polluting and those where alternative accommodation has already been provided elsewhere by the Promoter/Developer/Municipal Corporation.

14.8.14 Relaxation in Building and Other Requirements –

i) The calculation of FSI for all purposes shall be on gross area i.e. without deducting any percentage for recreational open space. This shall not affect the requirement of physical open space in terms of keeping aside the said recreational open space on site as per the UDCPR.

ii) The provisions in UDCPR relating to the balcony shall apply to the URS with the modification that there shall be no restriction on the Zone and the balcony shall not reduce marginal open space to less than 3.0 m. However, at ground level, the clear margin of a minimum of 4.5 m. shall be maintained. Enclosed balconies shall be included while calculating the entitled area.

iii) Front and marginal open spaces : For a building in the Rehabilitation Component or composite building having a height up to 24.0 m., front and marginal open space shall be 4.5 m. and for buildings having a height more than 24.0 m., the same shall be 6.0 m.

iv) Notwithstanding the provisions in UDCPR, where the plot abuts a D.P. Road having a width of 18.0 m. and above, the front marginal open space shall not be insisted upon beyond 4.5 m., provided such road is not a Highway.

v) Where the plot abuts a trained nallah, the marginal open space along the nallah shall not be insisted upon beyond 4.5 m. from the edge of the trained nallah or as per the requirement of the SWD Department of, whichever is greater.

vi) The distance between any two rehabilitation buildings is not below 6.00mt.

vii) If the height of a building in URS is more than 25 m., 6.0 m. wide marginal open space or marginal open space as per the requirement of the CFO, whichever is greater, shall be considered.

viii) A Composite building shall contain at least 50 percent of the built-up area as a Rehabilitation Component.

ix) The means of access shall be normally governed by the provisions of UDCPR. However, in the URS, wherever the design of the buildings up to 24.0 m. height in the same land requires some relaxation, the same may be given by the Commissioner; buildings having height exceeding 24.0 m. Shall be permissible only on access having a width of 9.0 m. or more.

x) Even if the recreational open space is reduced to make the URS viable, a minimum of at least 10 percent of the area of URC shall be provided as recreational open space. In addition to this, 10 percent of the URC area shall be earmarked for amenity space which can be adjusted against the D.P. reservation (excluding roads), if any provided the area of such reservation exceeds 25% of the area of the URP.

xi) Amenities not available in the periphery of 400 m. from boundaries of URC shall be developed on an Amenity Plot, subject to the minimum area specified for such amenities under this Regulation, and handed over free of cost to the Corporation without any consideration.

xii) The area to be excluded from the computation of FSI shall be as per these Regulations (UDCPR).

xiii) To make the URS viable, the Municipal Commissioner shall be competent to sanction any relaxation in the parking requirements and marginal open spaces, except for front marginal open spaces, wherever required on account of bonafide demonstrable hardship and for reasons to be recorded in writing, which shall not affect general safety and fire safety requirements.

xiv) All relaxations outlined hereinabove shall be admissible only to buildings in the Rehabilitation Component of URS and also to the composite buildings therein. Premium at the concessional rate shall be charged by the Municipal Commissioner for all or any of the relaxations given hereinabove or for any other mentioned in UDCPR.

xv) The parking in the URS shall be provided as per the provisions of UDCPR.

xvi) Any aspect of development under URS, that is not specified under this Regulation, shall be governed by the relevant provisions of the UDCPR.

xvii) To facilitate redevelopment and to decongest the redeveloped area in the URC, the Commissioner may insist on additional road width, over and above that prescribed in the sanctioned D.P. or the width of the existing roads.

xviii) Provisions of Public amenities and roads under the URS shall be considered at par with reservations and the roads in the Development Plan.

xix) A portion of URC falling under No Development Zone, Buffer Zone, CRZ-I & III, and Private Forest shall form a part of the required Recreational Area in the URS.

14.8.15  

The approving/sanctioning authority for the building plans under the URS shall be the Municipal Commissioner as per the M.R. & T.P. Act, 1966, even if the URS partly consists of declared slums or slums on Municipal / Govt. lands, existing prior to 1 January, 1995 or such other reference date as may be notified by the Government.

14.8.16  

Religious structures existing on the site of URS prior to redevelopment, if allowed to be redeveloped in accordance with the guidelines issued by the Government from time to time; following such redevelopment, shall not have area exceeding their area prior to redevelopment.

14.8.17  

Heritage buildings of Grade - I and II may be included in the area of Urban Renewal Cluster, but have to be kept as they are, along with land appurtenant, but shall not be considered for FSI under this Regulation. As regards such Heritage Structures, the Promoter/Developer shall have to contribute Heritage Cess at 5% of ASR Rates on the basis of the built-up area of the Heritage structure. Existing provisions under these Development Control Regulations shall apply to Heritage Buildings of Grade - III. However, before granting the approval for such buildings, the HPC shall consult the Heritage Committee appointed for that purpose.

14.8.18  

If HPC approves areas for amenities such as Fire Stations / Hospitals / Police Stations / Schools, etc. other than reservations/designations as per Development Plan, such amenities shall be handed over to the concerned Authority, free of cost and the built up area of such amenity shall be considered as rehabilitation F.S.I. and incentive FSI as admissible under this Regulation shall be permissible.

The decision of HPC shall be appealable, as if, it is an appeal under section 47 of the M.R. & T.P. Act, 1966.

14.8.19  

Formation of Co-operative Housing Societies, and their Federations for buildings in URS -

Commissioner shall cause the formation of a Co-operative Housing Society for each and every building, either separately or collectively as he may deem fit, and shall cause to be deposited 25% of the amount of consideration received from the allottees of such building, in a “Building Maintenance Fund” to be utilized by the Co-operative Housing Society of the allottees of such Building, as per the guidelines framed by the Corporation. In addition, the Commissioner shall cause to be deposited 25% of the amount of consideration received from the allottees of each and every rehabilitation and relocation in the URC building, in another Maintenance Fund called “URC Maintenance Fund” to be set up, by the Commissioner, for the dedicated use of maintenance of common facilities/amenities in the URC by the Corporation. The utilization of the URC Maintenance Fund shall be in accordance with the guidelines framed by the Corporation.

14.8.20 Formation of Shelter Fund -

The Commissioner shall cause to be deposited 50% of the amount of consideration received from the allottees and the amount received from the bidding process in a separate fund to be named as “Shelter Fund”, which may be used as per the policy to be formulated by the Corporation for payment of consideration for the acquisition of land falling under URC, providing financial assistance to beneficiaries under URC, procurement of land for the creation of affordable Housing, and promoting affordable housing in the city limits.

Note - If any correction/changes are needed in URS Regulation for the benefit of URC or for success of URC scheme, the decision can be taken at HPC level and subsequently should be communicated to the Government to incorporate such decision in this Regulation.

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