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Types of Zones in UDCPR 2020

Any city in India is divided into various types of zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone. To understand these land uses, it is necessary to first understand the types of zones in UPCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

 

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.

 

UDCPR 2020 Chapter 4  is all about Land Use Classification and Permissible Uses.

 

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. 4.2 LAND USE CLASSIFICATION AND EQUIVALENCY OF ZONES

 

The different land use classifications in the Development/Regional Plan/Planning Proposal & different uses permissible in that land use zone and equivalency of zone in various Authorities' areas shall be as given below :-

 

I) Residential Zone - The following other zones shall be treated as equivalent to Residential zones. 

 

i) Residential Zone - (R1)


ii) Residential Zone with Shop line - (R-2)


iii) General Residential Zone.

 

v) Residential Zone - R-2 


v) Residential Zone - R-3 and R-4, with payment of infrastructure cost as decided by the Authority.


vi) Urbanisable Zone.


vii) Special Residential Zone.


viii) Pre-dominantly Residential Zone. 

 

ix) Slum Improvement Zone.

 

x) Low-Density Residential Zone in the Development Plan of Jalgaon.

 

 xi) Mix use Zone.

 

II) Low-Density Residential Zone.

 

III)  Future Urbanisable Zone.

 

IV)  Commercial Zone - Following other zones shall be treated as equivalent to Commercial Zone.

 

i)  Local Commercial - (C-1)

 

ii)  Commercial Zone - (C-1) / Special Commercial Zone / Business Hub Area / Central Business District Zone

 

iii)  Commercial Zone - (C-2)

 

iv)  Predominantly Commercial

 

V)  Industrial Zone - Following other zones shall be treated as equivalent to Industrial Zone.

 

i)  Service Industries - (I-1)

 

ii)  General Industries - (I-2)

 

iii)  Special Industries (I-3)

 

iv)  Wholesale Market and Warehousing.

 

v)  Transport Hub and Logistic Park.

 

VI)  Loom Industry cum Residential Zone.

 

VII)  Public Semi-public Zone - Following zone shall be treated (2) as equivalent to a Public Semi-public Zone.

 

i) Institutional.

 

VIII)  Agricultural Zone – Following other zones shall be treated as equivalent to Agricultural Zone.

 

i)  Horticultural Zone.

 

ii)  Plantation Zone.

 

iii)  No Development Zone.

 

iv)  Green Zone - 1 / Green Zone.

 

v)  Cattle Shed Zone.

 

vi) Command Area Zone with the following conditions.


Condition – The Development in the command Area Shall be permissible subject to prior NOC and payment of restoration charges, if any, to the Irrigation Department.

 

IX) Green Belt/Green Belt Zone (Other than Reservation of Green Belt.) /River Protection Belt (other than reservation) - Following zone shall be treated as equivalent to Green Belt/Green Belt Zone.

 

i) Recreational land use.

 

X) Traffic and Transportation Zone - Following zone shall be treated as equivalent to the Traffic and Transportation Zone

 

i) Marshalling yard. 

 

XI) Regional Park Zone.

 

i) Recreation Centres

 

ii) Recreational Zone

 

XII) Tourism Development Zone - Following zone shall be treated as equivalent to the Tourism Development Zone.

 

i)  Tourist Centre

 

ii)  Hill Station Zone.

 

XIII) Afforestation Zone – Following zone shall be treated as equivalent to the Afforestation Zone.

 

i) Coastal Garden

 

XIV) Hill Top-Hill Slope Zone (HTHS) (Slope having gradient more than 1:5 irrespective of whether shown on the plan or not.) / Hilly area.

 

XV) Green Zone -2

 

XVI) Forest Zone.

 

XVII) Defence Zone.

 

XVIII) Mines and Quarry Zone - Following zone shall be treated as equivalent to the Mining and Quarry Zone.

 

i) Quarry to Park Zone

 

XIX) Public Utility Zone

 

XX) Woodland Corridor.

 

XXI) Special Economic Zone.

 

XXII) Airport and Allied Activities / Service Zone.

 

Note: In case, any land use zone is not listed above, the equivalency of such zone shall be decided by the Director of Town Planning, Maharashtra State, Pune.

 

 

Related Regulations to Rule No. 4- 

 

You can visit our other blogs on regulations through the below-mentioned links:

 

Uses Permissible in Various Zones UDCPR 2020

 

Uses Permissible in Development Plan Reservations in UDCPR 2020

 

Uses Permissible in Green Belt Zone and River Protection Belt in UDCPR 2020

 

Uses Permissible in Agricultural Zone in UDCPR 2020

 

Uses Permissible in Public and Semi Public Zone in UDCPR 2020

 

Uses Permissible in Industrial Zone in UDCPR 2020

 

Uses Permissible in Commercial Zone in UDCPR 2020

 

Uses Permissible in Residential Zones R2 in UDCPR 2020

 

Uses Permissible in Residential Zones R1 in UDCPR 2020

 

Provision of Lift as Requirements of Part of Building in UDCPR 2020

UDCPR 2020 Chapter 9 is all about the Requirements of Part of the Building 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. 9.27 Provision of Lift 

 

9.27.1  Planning and Design


At least one lift shall be provided in every building that is more than 15 m in height. In the case of buildings more than 24 m. height, at least two lifts shall be provided. However, in the case of a proposal to add one additional floor to an existing building with a lift, it will not be necessary to raise the existing lift to the additional floor.


For buildings or floors of the building to be constructed for Retirement Homes or Senior Citizen Housing, a lift shall be provided irrespective of the height of the building.


The planning and design of lifts including their number, type, and capacity depending on the occupancy of the building, the population of each floor based on the occupant load and the building height shall be in accordance with Section-5 - Installation of Lift & Escalators of Part VIII - Building Services of National Building Code of India.

 

All the floors shall be accessible for 24 hours by the lifts. The lifts provided in the buildings shall not be considered as a means of escape in case of emergency. Grounding switch at ground floor level to enable the fire service to ground the lift cars in an emergency shall also be provided.

 

The lift machine rooms shall be separate and no other machinery shall be installed therein.

 

9.27.2  Fire Lift

 

Fire lift shall be provided as mentioned in Regulation No.9.29.8.

 

Rule No. 9.28 Exit Requirements

 

9.28.1  The following General requirements shall apply to exits

 

a) In every building or structure, exits shall comply with the minimum requirements of this part, except those not accessible for general public use.

 

b) Every exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full use in the case of fire or other emergency.

 

c) Every building meant for human occupancy shall be provided with exits sufficient to permit safe escape of occupants, in case of fire or other emergency.

 

d) No building shall be so altered as to reduce the number, width, or protection of exits to less than that required.

 

e) Exits shall be clearly visible and the route to reach the exits shall be clearly marked and signs posted to guide the occupants of the floor concerned.

 

f) All exits shall provide continuous means of egress to the exterior of a building or to an exterior open space leading to a street and,

 

g) Exits shall be so arranged that they may be reached without passing through another occupied unit.

 

9.28.2  Type of Exits

 

An exit may be a doorway, a corridor, a passage, or a way to an internal staircase or external staircase, a ramp, or to a verandah and/or terraces that have eaves to the street or to the roof of a building. An exit may also include a horizontal exit leading to an adjoining building at the same level. Lifts and escalators shall not be considered as exits.

 

9.28.3  Number and Size of Exits

 

The requisite number and size of various exits shall be provided, based on the number of occupants in each room and floor based on the occupant load, capacity of exits; travel distance, and height of the building as per provisions of Regulation No.9.28.4 to Regulation No.9.28.8.

 

9.28.4  Arrangement of Exits

 

Exits shall be so located that the travel distance on the floor shall not exceed as given below :-

Table No.9-D

Type of BuildingTravel Distance
Residential, Educational, institutional, and Hazardous occupancies22.5 m.
Assembly, business, mercantile, Industrial, and Storage Occupancies30.0 m.

 

Whenever more than one exit is required for a floor of a building, exits shall be placed at remote from each other as possible. All the exits shall be accessible from the entire floor area at all floor levels.

 

Note – For the buildings where a sprinkler system has been provided in the entire building for fire fighting, the travel distance may be increased by 50% of the value specified in the above table.

 

9.28.5  Occupant Load

 

For determining the exits required, the number of persons within any floor area or the occupant load shall be based on the actual number of occupants, but in no case less than that specified in Table No.9-E below :-

 

Table No.9-E

Sr. NoGroup of OccupancyOccupant Load Floor Area in sq.m. per person
(1)(2)(3)
1Residential12.5
2Educational4.0
3Institutional15 (See Note i)
4Assembly 
a) With fixed or loose seats and dance floors0.6 (See Note ii)
b) Without seating facilities including dining rooms.5 (See Note ii)
5Mercantile 
a) Street floor & Sales basement3
b) Upper sale floors6
6Business and Industrial10
7Storage30
8Hazardous10

 

Note :

 

i) Occupant load in dormitory portions of homes for the aged, orphanages, insane, asylums etc. where sleeping accommodation is provided, shall be calculated at not less than 7.5 Sq.m. gross floor area per person.

 

ii) The gross floor area shall include, in addition to the main assembly rooms or space, any occupied connecting room or space in the same storey or in the storeys above or below where the entrance is common to such rooms and spaces and they are available for use by the occupants of the assembly place. No deductions shall be made in the area for corridors, closets or other subdivisions, that area shall include all space serving the particular assembly occupancy.

 

9.28.6 Capacity of Exits

 

1) The unit of exit width used to measure the capacity of any exit should be 50 cm. A clear width of 25 cm. should be counted as an additional half unit. Clear width less than 25 cm. should not be computed for exit width.

 

2) Occupants per unit exit width shall be in accordance with Table No. 9-F

 

Table No. 9-F

Sr.No.Group of OccupancyNumber of Occupants
StairwaysRampsDoors
(1)(2)(3)(4)(5)
1Residential255075
2Educational255075
3Institutional255075
4Assembly405060
5Business506075
6Mercantile506075
7Industrial506075
8Storage506075
9Hazardous253040

 

9.28.7 Provision for Staircase

 

All buildings having a height more than the ground floor shall have the provision of one staircase. The special buildings specified in Regulations No.1.3(93)(xiv) shall have two staircases out of which one shall be a fire escape staircase.

 

They shall be of enclosed type. At least one of them shall be on the external walls of buildings and shall open directly to the exterior, interior open space or to an open place of safety. Further, the provision or otherwise of alternative staircases shall be subject to the requirements of travel distance being complied with.

 

A staircase shall not be provided around the lift shaft unless provided with a fire stop door of 1-hour rating at every floor level and no other openings in the inside wall as illustrated below.

 

 

9.28.8 Width of staircase

 

The minimum width of staircases/corridors for various buildings shall be as below.

 

Table No.9-G - Minimum width of staircase

S. NoUse of BuildingMinimum width of staircase (in m.)
1Residential Buildings 
a) Individual Housing up to G + 2 storeys0.75
b) Multi-storied Residential Building upto 15 m. height1.00
c) Multi-storied Residential Building above 15 m. & upto 24 m. height1.20
d) Multi-storied Residential Building above 24 m.height1.50
2Residential Hotel Buildings1.50
3Assembly buildings like auditoriums, theatres, cinemas, multiplexes, Mangal Karyalaya, marriage halls, etc.2.00
4Institutional & Educational Buildings2.00
5All other buildings excluding Sr. No. (1) to (4) above like1.50

 

Note - Internal staircase for duplex tenements shall be of minimum width 0.75 m. and for mezzanine floor shall be of minimum width 0.90 m.

 

Rule No. 9.29 Other Requirements of Individual Exit at Each Floor

 

The detailed requirements in respect of exits shall be as provided in Regulations No.9.29.1

to 9.29.8 given below.

 

9.29.1  Doorways

 

i) Every exit doorway shall open into an enclosed stairway or a horizontal exit, or a corridor or passageway providing continuous and protected means of egress:

 

ii) No exit doorway shall be less than 90 cm. in width except in assembly buildings where door width shall be not less than 200 cm. The doorway shall be not less than 200 cm. in height. Doorways for the bathrooms, water closets or stores shall be not less than 75 cm. wide.

 

iii) Exit doorways shall open outwards, that is away from the room but shall not obstruct the travel along any exit. No door, when opened shall reduce the required width of stairways or landing to less than 90 cm. Overheads or sliding doors shall not be installed.

 

iv) Exit door shall not open immediately upon a flight of stairs. A landing equal to at least the width of the door shall be provided in the stairway at each doorway. The level of landing shall be the same as that of the floor which it serves.

 

v) Exit doorway shall be openable from the side which they serve without the use of a key.

 

vi) Mirrors shall not be placed in exitways or exit doors to avoid confusion regarding the direction of exit.

 

9.29.2  Revolving doors

 

Revolving doors shall not be used as required exits except in residential business and mercantile occupancies but they shall not constitute more than half the total required door width.

 

9.29.3 Stairways

 

i) The interior staircase shall be constructed of non-combustible materials throughout.

 

ii) The interior staircase shall be constructed as a self-contained unit with at least one side to the extent of the required opening adjacent to an external wall and shall be completely enclosed.

 

iii) Hollow combustible construction shall not be permitted.

 

iv) The minimum width of the tread without nosing shall be 25 cm. for an internal staircase for residential buildings. In the case of other buildings, the minimum tread shall be 30 cm. The treads shall be constructed and maintained in a manner to prevent slipping.

 

v) The maximum height of the riser shall be 19 cm. in the case of residential buildings and 15 cm. in the case of other buildings. They shall be limited to 15 per flight.

 

vi) Handrails shall be provided with a minimum height of 100 cm. from the centre of the tread to the top of the handrails. Balusters/railing shall be provided such that the width of the staircase does not reduce.

 

vii) Floor indicator - The number of each floor shall be conspicuously painted in figures at least 15 cm. large on the wall facing the flights of a stairway or at such suitable place as is distinctly visible from the flights.

 

viii) The minimum headroom in a passage under the landing of a staircase shall be 2.2 m.

 

ix) For special buildings, access to the main staircase shall be gained through at least half an hour fire fire-resisting automatic closing doors placed in the enclosing wall of the staircase. It shall be a swing-type door opening in the direction of the escape.

 

x) No living space, store or other space including fire risk shall open directly into the staircase.

 

xi) External exit door of the staircase enclosure at ground level shall open directly to the open spaces or should be reached without passing through any door other than a door provided to form a draught lobby.

 

xii) In the case of assembly, institutional or residential occupancies or hotels or industrial and hazardous occupancies, the exit sign with an arrow indicating the way to the escape route shall be provided at a height of 0.5 m. from the floor level on the wall and shall be illuminated by electric light connected to corridor circuits. All exit way marking signs should be flushed with the wall and so designed that no mechanical damage shall occur to them due to the moving of furniture or other heavy equipment. Further, all landings of the floor shall have floor-indicating boards prominently indicating the number of floors. The floor indication board shall be placed on the wall immediately facing the flight of stairs and nearest to the landing. It shall be of the size not less than 0.5 m. x 0.5 m.

 

xiii)  In case of a single staircase, it shall terminate at the ground floor level and the access to the basement shall be by a separate staircase. Whenever the building is served by more than one staircase one of the staircases may lead to the basement level provided the same is separated at ground level by either a ventilated lobby or a cut-off screen wall without opening, having a fire resistance of not less than 2 hours with discharge point at two different ends or through enclosures. It shall also be cut off from the basement areas at various basement levels by a protected and ventilated lobby or lobbies.

 

9.29.4  Fire escape or external stairs

 

A fire escape or external stair shall be provided as provided in Regulation No.9.28.7. External stairs, when provided, shall comply with the following :

 

i) External stairs shall always be kept in sound operable conditions.

 

ii) All external stairs shall be directly connected to the ground.

 

iii) Entrance to the external stairs shall be separate and remote from the internal staircase.

 

iv) Care shall be taken to ensure that no wall opening or window opens on to or close to external stairs.

 

v) The route to the external stairs shall be free of obstructions at all times.

 

vi) The external stairs shall be constructed of non-combustible materials, and any doorway leading to it shall have the required fire resistance.

 

vii) No external staircase, used as a fire escape, shall be inclined at an angle greater than 45 degrees from the horizontal.

 

viii) External stairs shall have straight flight not less than 1250 mm. wide with 250 mm. treads and risers not more than 190 mm. The number of risers shall be limited to 15 per flight.

 

ix) Handrails shall be of a height not less than 1000 mm. and not exceeding 1200 mm. There shall be provisions of balusters with a maximum gap of 150 mm.

 

x) The use of spiral staircases shall be limited to low occupant load and to a building not exceeding 9 m. in height. A spiral staircase shall be not less than 1500 mm. in diameter and shall be designed to give adequate headroom.

 

xi) An Unprotected steel frame staircase will not be accepted as a means of escape. However, a steel staircase in an enclosed fire-rated compartment of 2 h will be accepted as a means of escape.

 

xii) The fire escape staircase shall be connected to other staircases through the common passage on every floor.

 

9.29.5  Corridors and passageways

 

i) The minimum width of a corridor shall not be less than 75 cm. in the case of 2 storeys row housing residential buildings and 100 cm. in the case of other buildings and the actual width shall be calculated based on the provision of Regulations No.9.28.3 to 9.28.8 (both inclusive)

 

ii) Where there is more than one staircase serving a building, there shall be at least one smoke-stop door in the space between the staircases.

 

iii) Exit corridors & passageways shall be of a width not less than the aggregate required width of exit doorways leading from them in the direction of travel of the exterior/stairways.

 

iv) Where stairways discharge through corridors & passageways the height of the corridors & passageways shall not be less than 2.4 m.

 

v) All means of exit including staircases, lifts, lobbies & corridors shall be adequately ventilated.

 

9.29.6  Refuge Area

 

For buildings more than 24 m. in height, a refuge area of 15 sq.m. or an area equivalent to 0.3 sq.m. per person to accommodate the occupants of two consecutive floors, whichever is higher, shall be provided as under :

 

The refuge area shall be provided on the periphery of the floor or preferably on a cantilever projection and open to air at least on one side protected with suitable railings.

 

a) For floors above 24.0 m. and up to 39.0 m. height - One refuge area on the floor immediately above 24.0 m.

 

b) For floors above 39.0 m height - One refuge area on the floor immediately above 39.0 m. and so on after every 15.0 m.

 

9.29.7  Lifts and Escalators

 

i) Lifts :- Provision of lift shall be made as mentioned in Regulation No.9.27.

 

ii) Escalators :- Escalators may be permitted in addition to required lifts. Such escalators may also be permitted in the atrium area of the buildings.

 

9.29.8  Fire lift

 

Where applicable, fire lifts shall be provided with a minimum capacity for 8 passengers and fully automated with an emergency switch on ground level. In general, buildings 15.0 m. in height or above shall be provided with fire lifts. In case of fire, only the fireman shall operate the fire lift. In normal course, it may be used by other persons. Each fire lift shall be equipped with suitable inter-communication equipment for communicating with the control room on the ground floor of the building. The number and location of fire lifts in a building shall be decided after taking into consideration various factors like building population, floor area, compartmentation, etc.

 

9.29.9  Fire Escape Chutes/controlled Lowering Device for evacuation

 

i) a) High-rise buildings having a height of more than 70 m. shall necessarily be provided with fire escape chute shaft/s for every wing adjacent to the staircase.

 

b) Walls of the shaft shall have 4 hours of fire resistance.


c) One side of the shaft shall be at the external face of the building with proper ventilation.


d) The dimension of the shaft shall not be less than 2.5 m. x 1.5 m.


e) The access to the fire escape chute's shaft shall be made at every floor level from the lobby area or from the staircase mid-landing with a self-closing door having fire resistance of at least

one hour.


f) The fire chute shall be of staggered type with landing of each section at the vertical height

of not more than 21.0 m.

Alternatively,

 

ii) High-rise buildings having a height of more than 70.0 m., shall be provided with a fire tower at the landing/mid-landing level with a smoke check lobby with a fireman lift being an integral part of the fire escape staircase or fire evacuation lift (Hydro pneumatic/electrically operated) on the external face of the building having opening within the fire escape staircase at landing/mid-landing level with smoke check lobby as approved by Chief Fire Officer shall be provided.

 

Note - Both the smoke check lobby and with evacuation lift shall have a positive level difference of a minimum of 75 mm. with respect to the staircase landing or mid-landing level to avoid ingress of water in the fireman lift shaft.

 

9.29.10 Refuge chute/Garbage Chute -

 

In residential buildings, Refuge chute/garbage chute may be provided with opening on each floor or on mid-landing. Design and specifications of Refuge chute shall be in accordance with provisions of IS 6924.

 

Related Regulations to Rule No. 9

 

Habitable Rooms as Requirements of Part of Building in UDCPR 2020

 

Basements as Requirements of Part of Building in UDCPR 2020

 

Ramp as Requirements of Part of Building in UDCPR 2020

 

Balcony as Requirements of Part of Building in UDCPR 2020

 

Provision of Lift as Requirements of Part of Building in UDCPR 2020

 

Lighting and Ventilation of Room as Requirements of Part of Building in UDCPR 2020

 

Compound Wall and Other Requirements of Part of Building in UDCPR 2020

 

Slum Rehabilitation Scheme for Other Municipal Corporations 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. 14.7 Slum Rehabilitation Scheme for Other Municipal Corporations

 

Slum rehabilitation scheme for other Municipal Corporations, excluding those covered in Regulation No.14.6, shall be as below.

 

14.7.1  Eligibility for Redevelopment Scheme

 

i) A person eligible for a redevelopment scheme shall mean a protected occupier as defined in Chapter-IB of Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 as amended from time to time, (hereinafter referred to as the Slum Act) and orders issued there under.

 

ii) Subject to the foregoing provisions, only the actual occupants of the hutment shall be held eligible, and the so-called structure-owner other than the actual occupant if any, even if his name is shown in the electoral roll for the structure, shall have no right whatsoever to the reconstructed tenement against that structure.

 

14.7.2  Definition of Slum, Pavement, and Structure of Hut

 

i) Slums shall mean those censused, or declared and notified, in the past or hereinafter under the Slum Act. Slum shall also mean area/pavement stretches hereinafter notified or deemed to be and treated as Slum Rehabilitation Areas.

 

ii) If any area fulfills the condition laid down in section 4 of the Slum Act, to qualify as a slum area and has been censused or declared and notified shall be deemed to be and treated as a Slum Rehabilitation Area.

 

iii) Slum Rehabilitation area shall also mean any area declared as such by the SRA though preferably fulfilling conditions laid down in section 4 of the Slum Act, to qualify as a slum area and/or required for implementation of any slum rehabilitation project. Any area where a project under the Slum Rehabilitation Scheme (SRS) has been approved by the CEO, SRA shall be a deemed slum rehabilitation area.

 

iv) Any area required or proposed for the purpose of construction of temporary or permanent transit camps and so approved by the SRA shall also be deemed to be and treated as Slum Rehabilitation Areas, and projects approved in such areas by the SRA shall be deemed to be Slum Rehabilitation Projects.

 

v) A pavement shall mean any Municipal/Govt. /Semi-Govt. pavement, and shall include any viable stretch of the pavement as may be considered viable for the purpose of SRS.

vi)  A structure shall mean all the dwelling area of a protected occupier as defined in Chapter I-B of Slums Act, and orders issued thereunder.

 

vii) A composite building shall mean a building comprising both rehab and free-sale components and part thereof in the same building.

 

viii) Censused shall mean those slums located on lands belonging to Govt., any undertaking of Govt., or Corporation and incorporated in the records of the land-owning authority as having been censused in 1976, 1980, or 1985 or prior to 1st January, 1995, and 1st January, 2000

 

14.7.3 Joint ownership with spouse

 

The reconstructed tenement shall be of the ownership of the hutment dweller and spouse conjointly, and shall be so entered and be deemed to be so entered in the records of the co-operative housing society, including the share certificates or all other relevant documents.

 

14.7.4 De-notification as Slum Rehabilitation Area

 

SRA on being satisfied that it is necessary to do so, or when directed by the State Govt., shall de-notify the Slum Rehabilitation Area.

 

14.7.5 Applicability

 

The following provisions will apply for redevelopment/construction of accommodation for hutment/pavement-dwellers through owners/developers/co-operative housing societies of hutment/pavement-dwellers/public authorities such as MHADA, MIDC, MMRDA, etc./Non- Governmental Organizations anywhere within the limits of Municipal Corporation. However, NGOs should be registered under the Maharashtra Public Charitable Trusts Act, 1961, and the Societies Registration Act, 1960 at least for the last five years and should also be approved by SRA.

 

14.7.6 Right of the Hutment Dwellers

 

i) Hutment dwellers, in the slum or on the pavement, eligible in accordance with the provisions of this Regulation shall in exchange of the protected dwelling structure, be given free of cost a residential tenement having a carpet area of 27.88 Sq.m. including a balcony, bath, and water closet, but excluding common areas.

 

For this purpose, “carpet area” means the net usable floor area within a tenement excluding that covered by the walls or any other areas specifically exempted from floor space index computation as per prevailing Regulation.

 

ii) Even those protected dwelling structures having residential areas more than 27.88 Sq.m. shall be eligible only for 27.88 Sq.m. of carpet area where Carpet area means an area of tenements as mentioned in (i) above.

 

iii) All eligible hutment dwellers taking part in the SRS shall have to be rehabilitated in accordance with the provisions of these Regulations. It may be in situ and in the same scheme as far as possible.

 

iv) Pavement dwellers and hutment dwellers in the slum on land required for vital public purposes or such locations which are otherwise unsuitable for human habitation or non-suitable due to other statutory restrictions shall not be rehabilitated in-situ but in other available locations and in accordance with these Regulations. The competent Authority appointed by the State Government in the Housing Department shall on the basis of verification of documents, as may be prescribed, shall decide on the eligibility of hutment dwellers.

 

v) The eligibility of a person including a transferee, under a scheme of Slum redevelopment shall be established in accordance with Chapter-IB of the Slum Act, and orders issued thereunder.

 

vi) An individual agreement shall be entered into by the owner/developer/co-operative housing society/NGO with the eligible hutment-dwellers in the slum/pavement.

 

vii) An individual agreement entered into between the hutment-dweller and the owner/developer/co-operative society/NGO shall be in the joint names of pramukh hutment dweller and spouse for every protected dwelling structure

 

viii) Hutment dwellers in a category having a differently abled person or female-headed households shall be given first preference in allotment of tenements. Thereafter lots shall be drawn for allotment of tenements from the remaining tenements to the other eligible hutment-dwellers before grant of occupation certificate to the rehab Building.

 

ix) Transfer of Photo passes- Since, only the actual occupant at present will be eligible for redevelopment; there shall be no need to regularize the transfers of photo passes that have occurred so far. A photo pass will be given after the new tenement has been occupied.

 

x) Any person who owns a dwelling unit on an ownership basis in Municipal Corporation areas shall not be held eligible under the scheme. Any person, who can be held eligible under more than one SRS, shall be held eligible in only one scheme.

 

xi) Premium for ownership and terms of lease-That part of Government/Municipal Corporation/MHADA land on which the rehabilitation component of the SRS will be constructed, shall be leased to the Co-operative Housing Society of the slum-dwellers on 30 years lease period. Annual lease rent of Rs.1001/- for 4000 per Sq.m. of land or part thereof shall be payable and the lease shall be renewable for a further period of 30 years at a time. Simultaneously land under the free sale component shall be leased directly to the Society/Association of the purchasers of the tenement under the free sale component for 30 years with a provision for further renewal for a period of 30 years at a time. The lease rent for the free sale component shall be fixed by SRA.

 

Further, the Developer/Co-op. Housing Society shall pay a premium at the rate of 25% of ASR of the year of issue of LOI, in respect of SRS proposed to be undertaken on lands owned by the Government, Semi-Government undertakings, and Local Bodies and the premium shall go to land owing authority such as MHADA, Municipal Corporation, MMRDA, as the case may be. The premium installment so recovered shall be remitted to the concerned land-owing authority within 30 days from the date of recovery.

 

In the case of Government land, the premium shall be deposited in Nivara Nidhi.

 

The amount of the premium shall be recovered in installments as may be prescribed by Govt. from time to time. Land-owning authorities such as Municipal Corporation, MMRDA, and MHADA shall not recover land premiums in any other form. Proposals for SRS on land owned by the Central Government shall not be accepted unless NOC for the scheme is obtained from the Central Government.

 

xii) Automatic cancellation of Vacant Land Tenure and leases- If any land or part of any land on which the slum is located is under vacant land tenure, the said tenure/lease created by the Municipal Corporation or Authority shall stand automatically terminated as soon as the letter of Intent is issued by SRA for an SRS, which is a public purpose, on such land is prepared and submitted for approval to the SRA. Any arrears of dues to be collected by the Municipal Corporation shall not be linked to the issue of any certificate or NOC relating to the Slum Rehabilitation Scheme.

 

On sanction of SRS, the rights of Imlamalik, municipal tenants, or any other tenancy shall stand terminated in respect of the sanctioned SRS.

 

xiii) Recovery of pending dues such as assessment, compensation, occupational charges, non-agricultural tax/dues, etc. pending with public authorities such as State Govt., MHADA, and/or Municipal Corporation shall be dealt with separately and not be linked to the grant of approval or building permission to the slum rehabilitation projects.

 

xiv) A Slum Rehabilitation Project shall be considered preferably when submitted through a proposed or registered co-operative housing society of hutment dwellers on site. The said society shall include all the eligible hutments on site while submitting the S.R. Scheme and give an undertaking to that effect to SRA.

 

xv) Where 51% percent or more of the eligible hutment-dwellers in a slum and stretch of road or pavement contiguous to it at one place agree to join a rehabilitation scheme, it may be considered for approval, subject to submission of irrecoverable written agreements of eligible hutment-dwellers before LOI. Provided that nothing contained herein shall apply to Slum Rehabilitation Projects undertaken by the State Government or Public authority or as the case may be a Govt. Company as defined in Sec.617 of the Companies Act, 1956 and is owned & controlled by the State Government

 

xvi) In respect of those eligible hutment-dwellers on site who do not join the Project willingly the following steps shall be taken :

 

a) Provision for all of them shall be made in the rehabilitation component of the scheme.

 

b) The details of the tenement that would be given to them by way of allotment by drawing lots for them on the same basis as for those who have joined the Project will be communicated to them in writing by the Managing Committee of the Cooperative Housing Society if it is registered, or the developer. In case of dispute, the decision of the

CEO, SRA shall be final and binding on all the parties concerned.

 

c) The transit tenement that would be allotted to them or rent payable would also be indicated along with those who have joined the Project.

 

d) If they do not join the scheme within 15 days after the approval has been given to the Slum Rehabilitation Project on that site, then action under the relevant provision including Sections 33, 33(A) and 38 of the Slum Act, as amended from time to time, shall be taken and their hutments 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.

 

e)  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 by lots, 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.

 

f) If they do not join till the building permission for the Project is given, they will completely lose the right to any built-up tenement, and their tenement shall be taken over by the SRA, and used for the purpose of accommodating pavement-dwellers and other slum dwellers who cannot be accommodated in-situ, etc.

 

xvii) The Managing Committee of the proposed as well as registered Co-operative housing society of hutment dwellers shall have women to the extent of one-third of the total strength of actual members on the committee at any time.

 

xviii) Restriction on Transfer of Tenements; the tenement obtained under this scheme cannot be sold/leased/assigned or transferred (except to a legal heir) in any manner for a period of ten years from the date of allotment/possession of the tenement. In case of breach of conditions, except transfer to legal heir, the tenement will be taken over by SRA.

 

14.7.7 Building Permission for Slum Rehabilitation Project

 

i) The proposal for each Slum Rehabilitation Project shall be submitted to the SRA with all the necessary documents, no-objection certificates, and the plans as may be decided by the SRA from time to time.

 

ii) Approval to the Project shall be given by the SRA within a period of 60 days from the date of submission of all relevant documents. In the event of failure by SRA to do so, the said approval shall be deemed to have been given, provided the Project is in accordance with the provisions of these Regulations.

 

iii) The SRA while giving the approval may lay down terms and conditions as may be necessary.

 

iv) The SRA shall adopt the procedure laid down in the M.R. & T.P. Act, 1966 for giving building permission to any Slum Rehabilitation Project under this Scheme.

 

v) On compliance with the terms and conditions, the building permission shall be given, in accordance with the provisions under section 45 of the M.R. & T.P. Act, 1966 to the Project under the SRS, first to the Rehabilitation component and thereafter to the free-sale component subject to the provisions in clause below.

 

vi) Correlation between Rehabilitation and free-sale components: Building permission, for 10 percent of BUA of both the rehab and free-sale components may be given simultaneously and thereafter proportionately or as may be decided by the CEO, SRA.

 

vii) Where the Project is being implemented directly by an NGO approved by SRA, the CEO (SRA) may sanction 20 percent of the free-sale component without waiting for any expenditure on the rehabilitation component. The approval for the remaining part of the free-sale component will be given only after at least 30 percent of the rehabilitation component is completed on-site.

 

viii) As soon as the approval is given to the Project, the NOC for building permission of the landowning authority shall be given in respect of that slum located on lands belonging to any department, undertaking, or agency of the State Govt. including MHADA, or any local self-government such as the Municipal Corporation within 60 days after the intimation of such approval to the Project is communicated. In the event of its refusal to grant NOC, reasons thereof shall be stated and in the event of its not being given within the period, it shall be deemed to have been given.

 

ix) Occupation certificate shall not be held up only for want of lease documents to be executed, in all slum rehabilitation projects taken up on lands belonging to any department, undertaking, or agency of the State Govt., including MHADA, and any local self-government such as the Municipal Corporation.

 

14.7.8 Rehabilitation and Free-Sale Component

 

i)  FSI for rehabilitation of eligible slum/pavement-dwellers includes the FSI for the rehab component, and for the free-sale component. The ratio between the two components shall be as laid down herein below.

 

ii) Built-up area (BUA) for the rehabilitation component shall mean the total construction area of the rehabilitation component, excluding what is set down in Regulation 14.7.9(vi) of these Regulations, but including areas under staircases, passages, Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva Kendra / library, Balwadi/s society office, religious structures as permitted under Government Home Department Resolution dt.05/05/2011 and 18/11/2015, other social infrastructure like School, Dispensary, Gymnasium run by Public Authority or Charitable Trust, 5 percent incentive commercial areas for the Co-operative society, and the further 5 percent incentive commercial area for the NGO, Govt./Public Authority/Govt. Company wherever eligible.

 

iii) The incentive FSI/BUA shall depend on the size of the scheme and rate of developed land and rate of construction as per ASR of the year in which LOI is sanctioned.

 

Basic Ratio (LR / RC*)Incentive as per scheme
Upto 0.20 haMore than 0.20 ha. up to 0.40 ha.More than 0.40 ha. Up to 1 ha.More than 1 ha. up to 5 ha.For more than 5 ha.
Above 2.01.501.601.752.002.25
Above 1.50 and up to 2.001.601.752.002.252.50
Above 1.00 and up to 1.501.752.002.252.502.75
upto 1.002.002.252.502.753.00

 

RC is the rate of construction in respect of RCC Construction and LR is the Land Rate of open Land. FSI to be sanctioned on a Slum Rehabilitation scheme site may exceed 4.00.

 

Note - 1 : In Case of any Slum Redevelopment Scheme is in progress and any Slum redevelopment scheme where LOI has been issued, envisaging construction of rehabilitation tenements having individual carpet area of 25.0 sq.mt., if full occupation permission has not been granted and if it is structurally not feasible to provide rehabilitation tenements having individual carpet area as per these regulations, without having completely pull down and reconstructed the on-going rehabilitation building(s). Permissible sale component vis-à-vis rehab component shall be 1.25:1 subject to a maximum in-situ FSI of 4.0.

 

iv) Maximum FSI permissible that can be sanctioned on any slum site shall be 4.0 or the sum of the total of rehabilitation BUA plus incentive BUA, whichever is more, with a minimum tenement density of 650 per net hectare. Due to local planning constraints and the viability of the Slum Rehabilitation Project, the tenement density norms of 650 per net hectare may be reduced up to 25% by the Chief Executive Officer, SRA, subject to a minimum tenement density of 500 per net hectare. In such cases, the maximum permissible in-situ/total FSI shall be restricted to the sum of rehabilitation and incentive BUA which may be generated in the scheme after such relaxation of tenement density. The computation of FSI shall be done for both rehab and free-sale components in the normal manner, that is giving the benefit of what is set down in Regulation No.14.7.9(vi). The areas referred to in sub Regulations No.14.7.11(vi) and 14.7.13(ii) of this Regulation shall not be included for the computation of FSI, and the said areas shall be included for the computation of the rehab component. In all cases where permissible in situFSI cannot be utilized in situ the difference between permissible FSI and that can be constructed in situ, will be made available in the form of TDR in accordance with the provisions of Regulation 11.2.

 

v) Notwithstanding the provisions in (iv) above, the slum dweller society/NGO/Developer undertaking the scheme may opt to claim TDR in lieu of the sale component available for the scheme, on account of constraints such as height restrictions, uneconomical site conditions, etc.; if the full permissible FSI cannot be used on the same site, TDR may be allowed as may be necessary without consuming permissible FSI on the same site. However, TDR may be allowed only when the framework for one complete building in the rehab component is constructed or when 10% of the rehab component has been constructed on-site and the said TDR will not exceed 50 percent of the construction of the rehab component at any point of time till the total rehab component has been completed. On completion of the total rehab component balance TDR will be allowed.

 

vi) The rehabilitation component shall mean all residential tenements as well as non-residential built-up premises given free of cost in accordance with the provisions of the SRS outlined in this Regulation excluding what is set down in Regulation 14.7.9(vi) and including Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva kendra/library existing eligible religious structure, school, dispensary, gymnasium run by Public Authority or charitable trust etc. as per provision of 14.7.13(i) & (ii) but excluding built-up area given for buildable DP reservations.

 

vii) Notwithstanding anything contained in this regulation, if a rehabilitation project of a slum located on land belonging to a public authority and needed for a vital public purpose and where eligible slum dwellers which cannot be accommodated in the in-situ SRS of land under non-buildable reservations, is taken up on an unencumbered plot, TDR as per Regulation No.11.2 for the area of the land spared for this purpose shall be sanctioned to the owner of the said unencumbered plot and the TDR in lieu of cost of construction of BUA as per Regulation No.11.2 shall be permissible. For the purpose of this regulation, BUA shall be as per Regulation No.14.7.8(ii) of this Regulation. The following conditions shall be applicable for such scheme.

 

a) The Rehabilitation Project is approved by the SRA.

 

b) The tenements so constructed in the execution of the Project are offered to slum dwellers located on land belonging to Govt. or Public Authority and needed for vital public purposes and within 270 days from the date of issue of LOI the Agency shall identify the slum dwellers.

 

c) If the Agency fails to identify the slum dwellers needed to be shifted for a vital public purpose, as above, then the tenements so constructed shall be offered.

 

i) To the slum dwellers located on land belonging to the Government or Public Authority within a distance of 2 km. from the land on which the Project is undertaken, or

 

ii) To the slum dwellers located anywhere in the Corporation limit on lands belonging to Govt. or Public Authority.

 

d) Further provided that in all above cases, the relocation of slum dwellers, in any case, will be undertaken not with reference to individuals but with reference to the assembly of slum dwellers for the purpose of releasing the plot of land wholly from slums and not only the patches of land.

 

Provided further that, these provisions are also applicable to lands belonging to or leased out to or leased out by a Public Authority, a Statutory Authority, a Public Sector undertaking, or any Department of Government of India and a Joint Venture with any of them, subject to payment of premium for infrastructure development as applicable under Regulation No.14.7.14(ii) of this Regulation.

 

e)  No sale component shall be permissible.

 

f)  In the case of slums on municipal lands, there will be an option to exercise the powers of

CEO, SRA by the Municipal Commissioner with the prior approval of the Government.

 

viii) All non-residential built-up areas shall be included in the computation of minimum density but on the scale of 20.90 sq.m. of carpet area being one tenement.

 

Provided further that in case of slum redevelopment where there are no eligible commercial slum dwellers and where it is possible to provide commercial tenements on the ground floor, then in such cases commercial PAP tenements of the size of carpet area 20.90 Sq.m. (225 Sq.ft.) or of required size shall be provided as decided by CEO (SRA) and same shall be handed over free of cost to SRA.

 

Provided if SRS is undertaken by a Federation, Co-Op. The housing society consists of members who are serving or retired from State Govt. Employees/Employees of the State Govt. Undertakings/Employees of local bodies of State Government for providing housing to its members, such tenements which are generated over and above the tenements to be provided to the existing eligible hutment dwellers, shall be handed over back to the said Federation/Co.-operative Housing Society for providing housing to its above-mentioned members and subject to further additional terms and conditions as would be imposed by the CEO, SRA to ensure adequate membership of class III and class IV employees.

 

ix) Any land declared as a slum rehabilitation area or on which a slum rehabilitation project has been sanctioned, if it is spread on part or parts of C.S. Nos. or CTS Nos. or S.Nos.or F.P. Nos. shall be treated as natural amalgamation/subdivision/s of that C.S. or CTS or S.No. or F.P.No. for which no separate approval for amalgamation/subdivision of land would be necessary.

 

x) Boundaries and the Slum Rehabilitation Area shall be declared by the competent authority after actual measurement of plot area on site and the same shall be adopted for planning purposes for calculation of density and floor space index.

 

xi) The CEO, SRA may if required, adjust the boundary of the plot declared as a slum rehabilitation area so as to suit the building design and provide proper access to these schemes. Provided further that the encumbered area under D.P. Road/Sanctioned Regular line road abutting the SRS shall be included in the scheme to be developed.

 

xii) After approval is given to the Slum Rehabilitation scheme, the area may be further subdivided if necessary to earmark separate plots for the rehab component and the free sale component. The Plot area and the built-up area in terms of square meters on the said plot shall be separately mentioned in the lease agreements and Record of Rights.

 

xiii) The CTSO/SLR, of the district on payment of such fees as may be decided by the Govt. Ensure that the City Survey sheet and property cards are corrected accordingly and fresh property cards are opened for each of the plots giving details regarding the area of the plots and the total area of the floors of the built-up property and TDR given that is, the FSI used on that plot.

 

14.7.9 Temporary Transit Camps

 

i) The multi-storeyed temporary transit camp shall be provided on the site itself or outside the SRA project site on a portion of the plot that is not designated/reserved for public purpose or not affected by road widening and is preferably close to the site.

 

ii) The eligible slum dwellers shall be shifted to a temporary transit camp or on rent as may be mutually decided between the proposed society and developer.

 

ii) The area of temporary transit tenements shall be excluded from the computation of FSI, but the safety of the structure shall be ensured by a licensed structural consultant. The minimum area of individual transit tenement shall be 14.5 Sq.m.

 

iv) Such building permission shall be given within 15 days from the date of application and after approval of the project by the Slum Rehabilitation Authority, failing which it shall be deemed to be given.

 

v) On any nearby vacant site without any reservation in the DP construction of temporary transit tenements made of light material with the consent of the landowners, shall be allowed up to an FSI of 3.0 and this shall be applicable. Temporary shall mean made of detachable material such as tubular/prefabricated light structures.

 

vi) In all such cases where the temporary transit camp is erected, the condition shall be that the structures shall be demolished by the Developer/Society/NGO within 30 days of granting an Occupation Certificate to the rehab buildings and the site should be brought back to the original state. Till the transit camps are fully demolished, development rights for the free sale area shall not be permitted to be used beyond 75% of the total admissible free sale area permissible under this Regulation.

 

14.7.10 Commercial/Office/Shop/Economic Activity Free of Cost

 

i)  The eligible existing area under commercial/office/economic activity shall be computed on actual measurement/inspection, and/or on the basis of official documents such as a License under the Shops and Establishment Act, Electricity bills, Photo passes, etc.

 

ii)  In the rehabilitation component, the BUA for commercial/office/shop/economic activity that existed prior to the date as decided by the Government subject to the provisions in the sub-regulation below shall be given. Where a person has both residential and commercial premises without a common wall between residential and commercial premises, for commercial/office/shop/economic activity in the slum/pavement, he shall be considered eligible for a residential/Commercial unit including BUA for commercial/ office/ shop/ economic activity, both free of cost and carpet area of such unit shall not exceed 27.88 sq.m.

 

iii) BUA for commercial/office/shop/economic activity up to 20.90 sq.m. (225 sq.ft.) carpet area or actual area whichever is less, shall be provided to the eligible person free of cost as part of the rehabilitation project. Any area in excess of 20.90 sq.m. to the extent of the existing area may, if required, be sold on a preferential basis at the rate for the commercial area in the free-sale component.

 

For this purpose, “carpet area” as per (i) and (ii) above means the net usable floor area within a tenement excluding that covered by the walls or any other areas specifically exempted from floor space index computation as per prevailing Regulation.

 

iv) Such area may be allowed on any side of the plot abutting 3.0 m. wide pathway and deriving access from 3.0 m. wide pathway/open space. Back-to-back shopping on the ground floor shall also be allowed for the purpose of rehabilitation. After exhausting these provisions, it may be allowed on the first floor to the extent necessary.

 

v) All activities which were previously existed shall be allowed to be relocated regardless of the non-conforming nature of the activities, except those that are hazardous and highly polluting, and except in cases where the alternative accommodation has already been allotted elsewhere by the Municipal Corporation.

 

vi) Convenience shopping in the free-sale component shall be permitted along the layout roads. The CEO, SRA may add to alter, or amend the said list for convenience shopping.

 

vii) Incentive Commercial Areas for Society and NGO -

 

a) The scheme, when undertaken by a Co-operative Housing Society of slum dwellers, may provide an additional 5 percent built-up area on the rehabilitation area free of cost for commercial purposes. This area will be at the disposal of the Co-operative Housing Society of the hutment-dwellers. The corpus amount shall not be spent, but the income from the property/corpus alone shall be used by the Society for maintenance of the building and premises, and such other purposes as may be laid down by the SRA.

 

b) Where the scheme is undertaken by a Non-Government Organization Govt. or Public Authority or Govt. Company another additional 5 percent BUA on the rehabilitation area may be given free of cost for commercial purposes. This area shall be at the disposal of the Non-Governmental Organization Govt. or Public Authority or Govt. Company in consultation with the co-operative housing society.

 

14.7.11 Relaxation in Building and Other Requirements

 

i) A separate kitchen shall not be necessary. Cooking space (alcove) shall be allowed without any minimum size restrictions. Where a kitchen is provided, the minimum area shall be 5.0 Sq.m. provided the width shall be at least 1.5 m.

 

ii) There shall be no size restriction for bath or water closet units. Moreover, for the bathroom, water closet, or kitchen, there shall be no stipulation of one wall abutting open space, etc. as long as artificial light & ventilation through any means are provided.

 

iii)  In water closet flushing system shall be provided with a minimum seat size of 0.46 m. (18 inches).

 

iv) A septic tank filter bed shall be permitted with a capacity of 150 liters per capita, where the municipal services are likely to be available within 4-5 years.

 

v) In the rehabilitation component, a lift shall not be insisted upon, up to ground plus five floors.

 

vi) Notwithstanding anything contained in this regulation, areas of common passages not exceeding 2.0 m. in width provided in the rehabilitation component to give access shall not be counted towards FSI even while computing FSI on site.

 

vii) Where the location of the plot abuts a nallah, the marginal open space along the nallah shall not be insisted upon beyond 3.0 m. from the edge of the trained nallah, provided at least on one side of nallah, marginal open space of 6.0 m. is provided.

 

viii) The distance between any two rehabs./composite buildings shall be as follows - a) For buildings with height up to 40.0 m. – Min. 6.0 m.


b) For buildings with a height above 40.0 m. up to 50.0 m. – Min. 7.50 m.


c) For buildings with height above 50.0 m. up to 70.0 m. – Min. 9.0 m.

 

d) For a building with a height above 70.0 m. – Min. 12.0 m.

 

The marginal distances from the front side and rear boundaries of the plot shall be maintained as follows -

 

a) If the slum rehabilitation site fronts on one or more roads, every side abutting on such roads shall be treated as the front side & marginal distances prescribed below for such front side shall apply. The front marginal distance shall be measured from the proposed road widening line in the plot, if any.

 

b) In congested areas, the front marginal distance shall be a minimum of 1.5 m.

 

c)  In a non-congested area the front marginal distance shall be a minimum of 4.5 m. for purely residential buildings and 6.0 m. for mixed-use buildings.

 

d) The side and rear marginal distances from the side and rear boundaries of the plot shall be a minimum of 3.0 m. for heights up to 24.0 m. It shall be increased proportionately with an increase in height above 24.0 m., but shall not exceed 6.0 m. for heights up to 45.0 m. For building height more than 45.0 m. relaxation to the extent of 50% in all marginal distances may be given, subject to a minimum of 6.0 m.

 

e) Front marginal open spaces for buildings having height up to 24.0 m. in the rehab- -component or composite building shall be 4.5 m. & 6.0 m. for buildings having a height of more than 24.0 m.

 

ix) A composite building shall contain at least 50 percent of the built-up area as rehabilitation components.

 

x) Wherever more than the minimum front and marginal spaces have been provided, such additional area provided may be considered as part of the amenity open space in the project comprising both rehabilitation and free sale components, and without charging any premium.

 

xi) Even if the amenity space is reduced to make the project viable a minimum of at least 8% of amenity open space shall be maintained at ground level.

 

xii) Between the dimensions prescribed for the pathway and marginal distances, the larger of the two shall prevail. The pathway shall act as access wherever necessary. The building shall be permitted to touch pathways.

 

xiii) The means of access shall be normally governed by the provisions of Regulation No.3.2. However, in the project, wherever the design of the buildings in the same land requires relaxation, it may be given. Access through existing pathways including the roads maintained under the relevant section of the MMC Act, 1949 but not less than 3.6 m. in width, shall be considered adequate for any slum rehabilitation project, containing buildings having heights up to 24.0 m. including stilts.

 

xiv) Premium shall not be charged for exclusion of staircase and lift-well etc.


xv) All relaxations outlined hereinabove shall be given to the rehabilitation component, and also to the composite buildings in the project. Premium shall not be charged for all or any of the relaxations given hereinabove. Provided that if any further relaxation in open spaces is granted by the Chief Executive Officer then the same shall be subject to compliance of the CFO requirement and recovery of premium at the rate of 2.5% of ASR. In the case of Slum Rehabilitation Schemes under this regulation, the amount of premium shall be computed as per the ASR rate prevailing at the time of issue of IOA and the same shall be recovered at the time of grant of full occupation permission to the respective building. All other redevelopment schemes shall be governed by their respective regulations.

 

xvi) Relaxations for the free sale component - Relaxation contained in sub-Regulation No

(viii) above, as well as other necessary relaxations shall be given to the free sale components on payment of premium at the rate of 2.5% of Ready Reckoner Rate or 10% of normal premium whichever is more.

 

xvii) In order to make the SRS viable, the CEO of SRA shall be competent to make any relaxation wherever necessary for reasons to be recorded in writing.

 

xviii) For rehabilitation tenements, car parking at the rate mentioned in these regulations shall be provided or one parking space per tenement for two-wheelers shall be provided. The above parking spaces may be provided in any combination.

 

14.7.12 Slums and Development Plan Reservations :

 

Slums situated in lands falling under various reservations/zones in the D.P. shall be developed in accordance with the following provisions.

 

i) Slums in any zone shall be allowed to be redeveloped in situ without going through the process of change of zone. In the free-sale component in any zone, in addition to residential uses, all the uses permitted for the original zone shall be permitted. For industrial uses, the segregating distance shall be maintained from the existing industrial unit.

 

a) Any plot/layout having an area under non-buildable/open space reservations measuring up to 500 Sq.m. shall be cleared by shifting the slum-dwellers from that site.

 

b) Where the area of the site having non-buildable/open space reservation, is more than 500 Sq.m. such sites may be allowed to be developed for slum redevelopment subject to the condition that the ground area of the land so used shall not be more than 65% of the reservation and leaving 35% rendered clear thereafter for the reservation.

 

ii) Existing slum structures on lands reserved for Municipal Schools/Primary and secondary schools or a Higher Education may be developed subject to the following :-

 

a) In case of land reserved for Municipal School, Primary and secondary school in the D.P., a building for accommodating the such number of students as may be decided by the Municipal Commissioner, nor in any case for less than 500 students, shall be constructed by the owner or developer at his cost according to the size, design, specification, and conditions prescribed by the Municipal Commissioner. The built-up area occupied by the constructed building shall be excluded for the purpose of FSI computation, and where it is intended for a Municipal School, the building or part thereof intended for the school use shall be handed over free of cost and charge to the Corporation. Thereafter, the land may be allowed to be redeveloped with the full permissible FSI of the plot according to this Regulation.

 

b) In the case of lands affected by the designation or reservation of a Higher Education in the D.P., a building for accommodating such number of students as may be decided by the Municipal Commissioner, not in any case for less than 800 students, shall be constructed by the owner or developer at his cost according to the size, design, specification and conditions prescribed by the Municipal Commissioner, the built-up area occupied by the constructed building shall be excluded for the purpose of FSI computation. The constructed building shall be handed over to the Corporation free of cost and charge and the Authority may hand over the same or part thereof intended for the School use to a recognized and registered educational institution for operation and maintenance on terms decided by him. Thereafter the land may be allowed to be redeveloped with full permissible FSI of the plot according to this Regulation.

 

c) In case the area under reservation of Municipal School/Primary and secondary school or a Higher Education is spread on an adjoining plot and the plot under development, then in such cases Commissioner with special permission may insist upon the construction of a Municipal School or a Higher Education in proportion to the area under reservation affecting the plot under development. Requirements of Play Ground as per these regulations may not be insisted for (i) above.

 

iii) For other buildable reservations excluding Municipal Schools or a Higher Education on lands under a slum built-up area equal to 25 percent of the area under that reservation in that plot, shall be demanded free of cost by the Slum Rehabilitation Authority for the Municipal Corporation or for any other appropriate Authority.

 

iv) In case of the plot reserved for the Parking Lot 125% of the built-up area as per zonal basic permissible FSI of such reserved area shall be handed over to the Municipal Corporation.

The developer/owner shall be entitled to the Built-up Area (BUA) in lieu of the cost of construction against handing over of built-up amenity.

 

v) Existing slum structures on lands reserved for Rehabilitation & Resettlement shall be treated as sites for the development of slum structures and shall be allowed for redevelopment according to this Regulation.

 

vi) Slum Rehabilitation Permissible on Town Planning Scheme Plots :-


Slum Rehabilitation scheme can be taken up on the final plots of the Town Planning

Scheme, as per these regulations and further as per conditions given below.


a) Such slum should be notified slum.


b) If the owner of a final plot in the Town Planning Scheme has already accepted or accepts

the possession of the plot along with encroachments and has developed/develops the remaining vacant plot with full permissible FSI of the entire Final Plot retaining encroachments on his plot, then the slum rehabilitation scheme on the encroached plot shall be developed as follows :-

 

i) The Slum Rehabilitation Scheme shall be entitled to FSI as per these regulations.

 

ii) The owner of the Final plot can develop the slum rehabilitation scheme subject to the condition that the in-situ FSI of the scheme shall be reduced to the extent of the FSI of such encroached plot already utilized in the remaining vacant plot.

 

iii) The owner shall demarcate the area in his plot that is occupied by the slum encroachments and transfer such land in the name of the Authority. The Authority on its own or through the Co-Op Housing of Hutment dwellers may initiate a Slum Rehabilitation Scheme on the encroached area of the Final Plot. Further, the Authority shall record the number of tenements, names of occupiers, and area occupied of the time of granting permission.

 

14.7.13 Anganwadi, Health Centre / Outpost, Community Hall /Gymnasium / Fitness Centre, Skill Development Centre, Women Entrepreneurship Centre, Yuva Kendra / Library Society Office, and Religious Structures :

 

i) There shall be a Balwadi, a Welfare hall, and any of the two amenities mentioned above. There shall be a health Centre/outpost, Anganwadi, skill development center, women entrepreneurship center, yuva Kendra / library of size 27.88 sq.m. for every multiple or part of 250 hutment dwellers. In case of misuse, it shall be taken over by the SRA which will be competent to allot the same to some other organization /institution for public use. Balwadi shall also be provided for on a similar scale. An office for the Co-operative housing society shall be also constructed for every 100 rehab tenements in accordance with these Regulations. However, if the number of rehab tenements exceeds 100 then for every 100 rehab tenements such additional society office shall be constructed. There shall be a community hall for rehab bldg. of the Project as a part of the rehabilitation component. The area of such a hall shall be 2% of the rehab built-up area of all the buildings or 200 Sq.m. whichever is less.

 

Religious structures existing prior to redevelopment, if allowed in accordance with the guidelines issued by the Government from time to time as part of redevelopment shall not exceed the area that existed before redevelopment. Other social infrastructure like Schools, Dispensaries, and Gymnasiums run by Public Authority or Charitable Trusts that existed prior to the redevelopment shall be allowed without an increase in the existing area.

 

However, it is provided that in the slum rehabilitation project of less than 250 hutments, there shall be a Balwadi, a Welfare hall, and any of the two amenities mentioned above, as decided by the co-operative housing society of slum dwellers, of the size of 27.88 Sq.m. and office for the Co-operative housing society in accordance with these Regulations.CEO, SRA may permit the accumulation of the amenities mentioned above but ensure that it shall serve equitably to the rehab area.

 

ii) All the areas underlying Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva kendra/library community hall/s, society office, balwadi/s, religious structure/s, social infrastructure like School, Dispensary, Gymnasium run by Public Authority or Charitable Trust, the commercial areas given by way of incentives to the co-operative society and the non-government organization shall be free of cost and shall form part of rehabilitation component and it is on this basis the free-sale component will be computed.

 

iii) Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva kendra / library society office, Balwadi/s and religious structures, social infrastructure like School, Dispensary, and Gymnasium run by Public Authority or Charitable Trust in the rehab component shall not be counted towards the FSI even while computing permissible FSI on site.

 

14.7.14 Payments to be made to SRA and Instalments :

 

i)  An amount of Rs.40,000/- or such an amount as may be decided by the Planning Authority from time to time per tenement including the welfare hall and balwadi in the rehab component as well as in the case of permanent transit camp tenements will have to be deposited by the owner/developer/society with the Slum Rehabilitation Authority, in accordance with the time-schedule for such payment as may be laid down by the CEO, SRA. However, by the time of completion of construction for occupation of tenements by the hutment dwellers, the total amount at the rate of Rs.40,000/- per tenement completed should have been deposited in full. The building permission for the last 25 percent of the free-sale component would be given only after all the required amount is deposited in full with SRA.

 

ii)  An amount at the rate of 2% of ready reckoner rate as prevailing on the date of issue of LOI per Sq.m. such an amount as may be decided by GOM from time to time shall be paid by the Owner/Developer/Society/NGO for the BUA over and above the Zonal (basic) FSI, for the rehabilitation and free-sale components. This amount shall be paid to the SRA in accordance with the time schedule for such payment as may be laid down by the CEO, SRA provided the installments shall not exceed beyond the completion of construction. This amount shall be used for Schemes to be prepared for the improvement of infrastructure in slum or slum rehabilitation areas. These infrastructural charges shall be in addition to development charges levied as per section 124 of M.R. & T.P. Act, 1966.

 

Provided that out of the amount so recovered as Infrastructural charges, 90% amount will go to the Municipal Corporation and 10% amount will remain with SRA.

 

14.7.15 Conversion of Old Project into New Project :

 

i) Projects, where LOI has been granted, shall be treated as per the provisions existing on the date of LOI. In case such a project comes up for a revised LOI or change of developer or any other change, including recording and resubmission without change in slum boundary, these regulations shall apply. Provided further that for amalgamation of schemes being sought and for schemes that have been sanctioned under different regulations (earlier as well as current ones), FSI calculations shall apply as per these regulations.

 

ii) Exceptions

 

a)  Schemes approved prior to coming into force of these Regulations :-

 

The slum rehab schemes where LOI has been issued by SRA prior to the date of coming into force of these Regulations and which is valid may continue to be governed by the regulation applicable prior to these Regulations.

 

b)  Wherever the S.R. Scheme sanctioned by the CEO (SRA) is under progress on reservations shall be valid & continue.

 

iii) In case of conversion of old SRD Scheme to new S.R.Scheme on land owned by Govt. Semi-Govt. undertaking and local bodies, the developer shall pay the premium at the rate of Twenty-Five percent of land value as per the ASR in proportionate to the difference of FSI sanctioned in the old SRD Scheme and new S.R.Scheme. Payment of premium shall not be applicable to those schemes wherein the lease is already executed by concerned authorities.

 

14.7.16 Provision relating to Permanent Transit Camp Tenements for Slum Rehabilitation Scheme implemented on open plot / non-slum plot.

 

Total FSI on plot area may be allowed to be exceeded up to 4 for construction of Transit Camp tenements for SRA.

 

i) The FSI land distribution of additional FSI for the construction of Transit Camp Tenements shall be as shown below –

 

Minimum Road WidthTotal Permissible FSIZonal FSIAdditional FSIRSI for transit tenements for SRA of total additional FSI% FSI for sale component of total add FSI
Below 9.00 m.up to 3.001.00up to 2.0050%50%
9.00 m. and aboveup to 4.00 1.00up to 3,0050%50%

 

ii) Such schemes shall not be permissible on lands reserved in the Development Plan and Zone in which Residential development is not permissible.

 

iii) Transit tenements for SRA out of additional FSI could be used for construction of Transit Camp of tenements having carpet area of 27.88 Sq.m. Ground floor shall be used for commercial tenement having carpet area of 20.90 Sq.m. (225sq.ft.) for project affected commercial tenements and same shall be handed over free of cost to SRA. Alternatively, residential tenements can be used for Government Staff Quarters, etc.

 

iv) Provision of Anganwadi, Health Centre/Outpost, Community Hall/Gymnasium/Fitness Centre, Skill Development Centre, Women Entrepreneurship Centre, Yuva Kendra/Library, Society Office, Balwadi, shall be as per Regulation No.6.14.4 of this DCR to these transit camps 25% of basic FSI shall be exclusively used for the purpose of shops along layout road for use of residential occupants of the layout.

 

v) Additional FSI over and above basic FSI may be released in co-relation to the BUA of the tenements that are required to be handed over free of cost to SRA/Authority as the case may be. Alternatively, TDR in lieu of unconsumed sale component of additional FSI, as per this Regulation, may be permitted for Permanent Transit Camp (PTC) for which SRA will be the Planning Authority.

 

vi) Only after the Transit Camps are handed over free of cost to the SRA, the Occupation Certificate, water connection, power connection, etc. for the other portion shall be given by the Appropriate Authority.

 

vii) Clubbing - The entire rehabilitation components including base FSI may be categorised as rental housing and permanent transit components as applicable and the corresponding sale components from the additional FSI amongst two or more schemes under this regulation can be permitted to be interchanged. A developer/developer making an application under this regulation may club more than one plot belonging to a single or multiple owners and offer permanent transit component on a single plot while shifting sale component as well as base FSI of the plot to other plot agree and make a joint application. However, clubbing shall be allowed only if it leads to an independent plot/building/wing as the case may be with a permanent transit component being handed over to the Authority.

 

The developer shall have to pay a premium equal to 40% of unearned income calculated with the rates of construction as well as sales given in ASR of the year of payment. The unearned income shall be computed by calculating the valuation of the sale component awarded in lieu of the component for the Authority after deducting the cost of construction of the sale as well as the Authority's component and the cost incurred to various authorities towards statutory payments relating to the Authority as well as sale component. In case there is a shifting of base FSI within plots in the clubbing scheme, the difference of land valued in ASR shall be taken into account while finalizing unearned income, and this difference shall be calculated as 100% towards premium.

 

Such clubbing can be allowed for the schemes falling within a distance of 5 Km.

 

The premium shall be paid to the Authority in two stages 50% at the time of IOA and 50% at the time of issuing C.C. for the incentive FSI, or the developer has to surrender equivalent sale FSI in the form of constructed BUA to the extent of premium in the scheme to be valued at ASR rate of sale in the year of such surrender of built-up area.

 

Note - Out of the total premium amount so collected under the rehabilitation scheme under this these Regulations, 2/3rd shall be kept in a separate account to be utilized as a shelter fund for the State of Maharashtra and 1/3rd shall be deposited at the District Office of the Town Planning Department.

 

Related Regulations

 

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Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park in UDCPR 2020

 

Slum Rehabilitation for Pune, PCMC, PCNTDA, and Nagpur in UDCPR 2020

 

Urban Renewal Scheme in UDCPR 2020

 

Conservation of Heritage Buildings, Precints, Natural Features in UDCPR 2020

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Buildings of Smart Fin Tech Centre in UDCPR 2020

Rule No.7.12 Buildings of Smart Fin-Tech Centre

 

i) The Authority may permit additional FSI up to 200% over and above the basic permissible FSI to Smart Fin-Tech Centre located in Residential/Industrial/Commercial Zone, which have been approved by the Directorate of Information Technology, proposed to be set up (hereinafter referred to as the "said unit") by charging premium of 20% of the land rate for the said land as prescribed in Annual Statement of Rates for the relevant year of granting such additional FSI.

 

Provided that additional FSI shall be permissible only on plots having an access road of a minimum of 18.0 m. width and subject to approval by a committee chaired by the Principal Secretary, Information Technology, and comprising representatives of Industries, Finance and Urban Development Department (UD-1).

 

Provided further that, the premium so collected shall be shared between the Planning Authority and the Government in the proportion of 50: 50. The share of the Government shall be deposited in the Fin-Tech Corpus fund which is being set up by the Director of Information Technology.

 

(Explanation: Premium charges shall be calculated based on the value of lands under such zones, determined by considering the land rates of the said land as prescribed in the Annual Statement of Rates (ASR). These charges shall be paid at the time of permitting additional FSI by considering the ASR for the relevant year without applying the guidelines).

 

ii) The total maximum permissible FSI shall not exceed the limit of 3.00. In case of plot fronting on roads having a width of 24.0 m. or more, the FSI may be permitted to be exceeded upto 4.00.

 

iii) No amenity space is required to be left for the development of plot/land up to 2.00 hectares for the Smart Fin-Tech Centre.

 

iv) At least 85% of the total proposed Built-up area (excluding parking area) shall be permitted for the business of Fin-Tech (start-ups, incubators, and accelerators), banking and financial service including NBFC and insurance, and IT/ITES with focus on Fin-Tech.

 

v) The Directorate of Information Technology will develop a web portal on which the developer of every Smart Fin-Tech Centre will be bound to provide/update detailed information about the names of the units in the park, utilization of built-up area, and activities being carried out, manpower employed in the Smart Fin-Tech Centre on a yearly basis.

 

vi) If a Smart Fin-Tech Centre has availed additional FSI as per the provisions of this regulation and subsequently it is found that the built-up space in the Smart Fin-Tech Centre is being used for non-Fin-Tech / commercial activities / any other activity, not permitted as per the Smart Fin-Tech Centre policy under which the said Centre was approved, a penal action as below will be taken, the payment shall be shared between the Authority and the Government in the ratio of 3:1.

a) The misuse shall be ascertained by physical site verification of the said Smart Fin-Tech Centre policy by a team of officers from the Directorate of Information Technology and the Authority, which has approved the building plans of the said Smart Fin-Tech Centre.

 

b) A per day penalty equal to 0.3% of the prevailing ready reckoner value of the built-up area that has been found to be used for non-Fin-Tech activities, shall be imposed.

 

c) The penalty will be recovered from the date of commencement of unauthorized use till the day of non-Fin-Tech activities.

 

After payment of the penalty to the Authority, which has sanctioned the building plans of the concerned Smart Fin-Tech Centre, the said Smart Fin-Tech Centre will restore the use of premises to the original purpose for which LOI / Registration was granted. If the Smart Fin-Tech Centre fails to pay the penalty and/or restore the use to its original intended use, the Authority will take suitable action under the Maharashtra Regional and Town Planning Act, 1966, against the erring Smart Fin-Tech Centre under intimation to the Directorate of Information Technology. These provisions will be over and above the penal provisions of the M.R. & T.P. Act, 1966.

 

vii) In this regulation the terms and expression shall have the meaning specified in the Fin-Tech Policy declared by the Directorate of Information Technology vide Govt. Resolution No.DIT- 2018/CR-17/D-1/39, dated 16th February, 2018. Notwithstanding anything contained in the existing regulation, the above provisions shall be applicable to the Smart FinTech Centre.

 

Other provisions of existing regulations, which are not specifically mentioned in this regulation, shall be applicable.

 

Related Regulations to Rule No. 7

 

Rule No. 7.0 in UDCPR 2020

 

Entitlement of FSI for Road Widening or Construction of New Roads or Surrender of Reserved Land in UDCPR 2020

 

Development and Redevelopment Of Staff Quarters Of the State Government or Its Statuary Bodies or Planning Authority in UDCPR 2020

 

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

 

Redevelopment of Existing Buildings in UDCPR 2020

 

Development of Housing for EWS and LIG in UDCPR 2020

 

Regulations for Development of Information Technology Establishment, Data Centers in UDCPR 2020

 

Regulation for Development of Biotechnology Parks in UDCPR 2020

 

Incentive for Green Buildings in UDCPR 2020

 

Commercial Buildings in CBD, Commercial, Residential Zone in Planning Authorities Areas in UDCPR 2020

 

Other Various Regulations of Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration 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. 1.6 Applicability of Other Regulations

 

i) CRZ Regulations—Any development within CRZ areas shall be governed by the Coastal Regulation Zone Notification No.S.O.19(E), dated 6 January 2011, and No.G.S.R. 37(E), dated 18 January 2019, as amended or replaced from time to time, wherever applicable.

 

ii) Restriction in Western Ghat Eco-Sensitive Area - The restrictions in the Western Ghat Eco-Sensitive Area imposed by the notification issued from time to time by the Ministry of Environment, Forest and Climate Change, Government of India, shall be followed.

 

iii) Other Regulations - Any other Restrictions imposed under the relevant regulations/Rules/Acts shall also be applicable, wherever applicable.

 

Rule No. 1.7 Power to Prescribe the Proformas

 

Notwithstanding anything contained in any Appendices/Proformas, provisions in respective regulations shall prevail. The Authority, with the approval of the Government, shall have the powers to prescribe proformas/appendices and/or make amendments in the contents of such proformas/Appendices A to M attached with these regulations.

 

Rule No. 1.8 Power to Decide Charges

 

The charges mentioned in these regulations for additional FSI, premium FSI, rate of interest, or for any other matter shall be subject to amendment by the Government from time to time. Wherever the rate of premium is to be decided based on rates mentioned in ASR, the rate in the ASR shall be of the year of granting the permission.

 

Rule No. 1.9 Meanings as in Acts, Rules, and Interpretations

 

i) Terms and expressions not defined in these regulations shall have the same meaning or sense as, in the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra Act No. XXXVII of 1966), the Maharashtra Municipal Corporations Act, 1949, or the National Building Code, 2005, as amended from time to time, and the rules or bye-laws framed thereunder, as the case may be, unless the context otherwise requires.

 

ii)  The Maharashtra General Clauses Act, as amended from time to time, shall be applicable in case of standard terms and phrases as defined and interpreted therein.

 

iii)  In these regulations, the use of the present tense includes the future tense, the masculine gender includes the feminine and neutral genders, the singular includes the plural and the plural includes the singular. The word "person" includes a corporation as well as an individual; "writing" includes printing, typing, and e-communication, and "signature" includes e-signature, digital signature, and thumb impression of a person unable to sign, provided that his name is written below such impression.

 

iv)  Whenever sizes and dimensions of rooms and spaces within buildings are specified, they shall mean clear dimensions unless otherwise specified in these regulations. However, sizes and dimensions may not be disputed with reference to finished/unfinished surfaces unless they affect the overall dimensions of the building.

 

v)  If any question or dispute arises with regard to the interpretation of any of these regulations the matter shall be referred to the State Government, who, after considering the matter and, if necessary, after giving a hearing to the parties, shall give a decision on the interpretation of the provisions of these regulations. The decision of the Government on the interpretation of these regulations shall be final and binding on the concerned party or parties.

 

vi) In the case of provisions of other Acts/Rules/Regulations that are incorporated into these regulations, the amendments made subsequently in parent Acts/Rules/Regulations will automatically be applicable, wherever applicable, to these regulations.

 

vii) If a Marathi version of these Regulations exists and if there is a conflict in the interpretation of any clause between the English and Marathi versions, then the interpretation of the English version shall prevail.

 

Rule No. 1.10 Removal of Difficulties

 

If any difficulty arises in giving effect to the provisions of this Unified Development Control and Promotion Regulations, the State Government may, by order published in the official Gazette, give such directions, as may appear to it to be necessary or expedient for the purpose of removing the difficulty.

 

Provided that, no such order shall be made after the expiry of a period of 1 year from the date of coming into force of this Unified Development Control and Promotion Regulations.

 

Related Regulations to Rule No. 1 -

 

You can visit our other blogs on regulations through the below-mentioned links:

 

Short Title, Extent & Commencement Administration in UDCPR 2020

 

Definitions in Administration in UDCPR 2020

 

Applicability of Regulations in Administration in UDCPR 2020

 

Savings in Administration in UDCPR 2020