For the construction of any building, there is a restriction of floor space to be used. It is called the FSI (Floor space Index). Also, we have to provide distance from the plot boundary which is called as marginal distance or setbacks.

UDCPR 2020 Chapter 6 is all about Regulations for FSI & Marginal distance.

This is Applicable to all Planning Authorities and Regional Plan Areas except the 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. 6.7 PERMISSIBLE PROJECTIONS IN MARGINAL OPEN SPACES/DISTANCES

The following projections shall be permissible in marginal open spaces :-

(a) Projections into Marginal Open Spaces :- Every open space provided, either interior or exterior, shall be kept free from any erection thereon and shall be open to the sky, and no cornice, chajja, roof, or weather shade more than 0.75 m. wide shall overhang or project over the said marginal open spaces so as to reduce the width to less than the minimum required. However, sloping / horizontal chajja provided over balcony/gallery, etc., may be permitted up to balcony projections at a horizontal level.

(b) Balconies - as specified in Regulation No.9.14

(c) Ledge for Air conditioning unit as specified in Regulation No.9.5.

(d) A canopy or porch not exceeding 5 m.in length and 2.5 m. in width in the form of a cantilever and unenclosed over the main and subsidiary entrances providing a minimum clear height of 2.4 m. below the beam bottom of the canopy. The canopy shall not have access from the upper floors (above floors), for use as a sitting out place. There shall be a minimum clearance of 1.5 m, between the plot boundaries and canopy.

Provided that more than one canopy may be permitted in the case of special buildings as per requirement.

(e) A projection of a maximum of 30 cm. on the rooftop terrace level may be allowed throughout the periphery of the building. In case of pitched roof projection of a maximum of 45 cm. at rooftop level throughout the periphery of the building shall be allowed.

(f) Accessory buildings :- The following accessory buildings may be permitted in the marginal open spaces :-

i)  In an existing building where a toilet is not provided, a single-storeyed toilet subject to a maximum area of 4.0 sq.m. in the rear or side open space and at a distance of 7.5 m. from the road line or the front boundary and 1.5 m. from other boundaries may be permissible. The Authority may reduce 1.5 m. margin in exceptional cases to avoid hardship.

ii ) Parking lock-up garage not exceeding 2.4 m. in height shall be permissible in the rear corner of an independent bungalow plot. Parking lock-up garage, when attached to a main building, shall be 7.5 m. away from the road line and shall be of such construction capable of giving fire resistance of 2 hours. The area of the sanitary block and parking lock-up garage shall be taken into account for the calculation of FSI.

iii)  Underground suction tanks, soak pits, and wet and dry garbage separately with collection chambers, space required for fire hydrants, electrical and water fittings, underground water tanks, dustbins, etc.

iv)  One watchman's cabin/booth not more than 6 sq.m. in built-up area having a minimum width or diameter of 1.80 m. Cabin/booth may be allowed at every entrance and/or exit.

Note :- When a building abuts three or more roads, the above-mentioned uses, except (iv), shall be permissible in front setback facing a smaller road of less importance from a traffic point of view.

(g)  Ramp for basement in side and rear marginal distances subject to provisions under Regulation No.9.12.

(h)  Fire escape staircase of single flight not less than 1.2 m. width excluding the marginal distance required for special buildings.

(i)  Staircase mid-landing of 1.2 m. width with a clear minimum headroom of 2.1 m. below the mid-landing. However, the clear distance from the edge of the landing to the plot boundary shall not be less than 1.8 m. in the case of non-special buildings and 6.0 m. in the case of special buildings.

(j)  Architectural projections - Architectural projections as specified in Regulations No.9.30.

(k)  Construction of ottas, railings, barricades, or supporting columns for canopy or porch shall not be permitted within the minimum required front marginal distances. However, steps or steps along with otta may be permitted to project up to 1.2 m. from the building line.

(l)  Cupboard as specified in regulation No.9.6.

Related Regulations to Rule No.6 - 

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

What are the Regulations for Height of Building in UDCPR 2020

What is the Calculation of FSI Pline and its exemption in UDCPR 2020?

Industrial Building Regulations of FSI, Marginal Distances and Plot Area in UDCPR 2020

Regulations for Permissible FSI in Non Congested Area In Maharashtra in UDCPR 2020

What are the Setback, Marginal, Distance, Height in Non Congested Area in Maharashtra in UDCPR 2020

What are the Setback, Marginal, Distance, Height, and Permissible FSI in Gaothan or Congested Area in Maharashtra in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate as per mentioned in the UDCPR 

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

Rule No. 2.6 Grant or Refusal of Permission

2.6.1 General

i) After receipt of the notice/application as mentioned in Regulation No.2.2.1 above, the Authority may either sanction or refuse the plans or may sanction them with such modifications or directions as it may deem necessary after having recovered the necessary charges/fees. It thereupon shall communicate its decision to the person giving the notice in the prescribed form given in Appendix D1/D2/D3 and E1/E2, as the case may be.

ii) In the case of special buildings, the building scheme shall also be subject to the scrutiny of the Chief Fire Officer of the Local / Planning Authority or Director of Fire Services, as the case may be, and the sanction development permission shall be issued by the Authority after the clearance from him.

iii) In the case of land subdivision or plotted layout, a tentative layout shall be recommended for demarcation at the first instance. After having demarcated the layout, the owner shall submit the layout as measured by the Land Records Department for final approval to the Authority. The Authority shall examine and grant final approval to the measured layout if it conforms to the regulations and is broadly in accordance with the tentative layout without any departures of a substantial nature. This shall also be mandatory for Group Housing Schemes where roads in the adjoining layouts / Development Plan roads/Regional Plan roads are to be coordinated and/or amenity space/s are to be earmarked.

iv)  After the plan has been scrutinized and objections have been pointed out, the owner giving notice shall modify the plan, comply with the objections raised and resubmit it. The prints of plans submitted for final approval, shall not contain superimposed corrections. The authority shall grant or refuse the commencement certificate/building permit within 60 days from the date of resubmission. No new objections may generally be raised when they are resubmitted after compliance with earlier objections, except in circumstances to be quoted for additional compliances.

v)  After the development permission is granted by the Authority, it shall be displayed alongwith the plans on the website of the Authority, wherever such website is available.

2.6.2 Deemed Permission

If within sixty (60) days of receipt of the notice, along with necessary permission fees under the regulations, the Authority fails to intimate in writing to the person, who has given the notice; of its refusal or sanction or sanction with such modifications or directions, the notice with its plan and statements shall be deemed to have been sanctioned, provided nothing shall be construed to authorize any person to do anything on the site of the work in contravention or against the terms of lease or titles of the land.

Provided that, the development proposal, for which the permission was applied, is strictly in conformity with the requirements of these regulations or regulations framed in this behalf under any law for the time being in force and the same in no way violates either provisions of any draft or final Development Regional Plan/Planning Proposal or proposals published by means of notice, submitted for sanction under the Act. Provided further that any development carried out in pursuance of such deemed permission which is in contravention of the above provisions, shall be deemed to be an unauthorized development for purposes of Section 52 to 57 of the Maharashtra Regional and Town Planning Act, 1966 and other relevant Acts.

Provided further that, upon receipt of intimation of any claim for deemed permission the Authority shall within fifteen days from the date of receipt of such claim, communicate its remarks, if any, regarding deemed permission to the applicant, failing which, the proposal shall be approved and commencement certificate along with one set of duly approved plans for proposed development shall be issued to the applicant within fifteen days thereafter.

Provided further that, a necessary explanation shall be called from the concerned officers of the Planning Authority for not processing and disposing of the proposal within 60 days and necessary action as per relevant provisions of the Act/Rules shall be initiated against the defaulter officer.

2.6.3 Approval of Building Permission on Risk-Based Classification

Notwithstanding Anything contained in this UDCPR, the approval to the Low or Moderate-risk category of constructions shall be governed as per the procedure given in Appendix - K.

2.6.4 Display of Sanctioned Permissions on the Authority's Website.

After sanctioning development permission, the authority shall make available all plans relating to such permission on its website, if available. Such documents shall be kept on the website till one month from the date of issuance of the last occupation certificate.

Related Regulations to Rule No. 2- 

You can visit our other blog on Regulation 2 through the below-mentioned links:

Commencement of Work in UDCPR 2020

Various Regulations in Chapter 2 in UDCPR 2020

Procedure During Construction in UDCPR 2020

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

Discretionary Powers Interpretation in UDCPR 2020

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

Permission from the Planning Authority is Mandatory 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.

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 –

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.

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UDCPR 2020 Chapter 13 is all about the Special Provisions for Certain Buildings 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. 13.4 Grey Water Recycling And Reuse

Grey Water - This refers to wastewater from bathrooms, sinks, showers, wash areas, etc.

Applicability - These Regulations shall be applicable to all Developments/Redevelopments/part Developments for the uses as mentioned under Regulation No.13.4.1 to 13.4.6 and shall have the provision for treatment, recycling, and reuse of Grey Water. The applicant shall along with his application for obtaining necessary layout approval / building permission shall submit a plan showing the location of Grey Water Treatment Plant, furnishing details of calculations, implementation, etc. This Plan shall accompany with the applicant’s commitment to monitor the system periodically from the date of occupation of the respective building.

13.4.1 For Layout Approval/Building Permission

i)  In case of Residential layouts, area admeasuring 10000 sq.m. or more, in addition to 10% open space, prescribed in the bye- laws, a separate space for Grey Water Treatment and Recycling Plant should be proposed in the layout. This may be proposed in amenity space as per Regulation No.3.5.

ii)  On the layout Plan, all Drainage lines, Chambers, Plumbing lines should be marked in different colour and submit the layout for approval to the Authority.

iii) The recycled water shall be used for gardening, car washing, toilet flushing, irrigation, etc. and in no case for drinking, bathing, washing utensils, clothes etc.

iv) A clause must be included by the owner/developer in the purchase agreement that the purchaser, owner of the premises/organization or society of the purchasers shall ensure that :

a) The recycled water is tested every six months either in a municipal laboratory or in the laboratory approved by the Authority or by State Government and the result of which shall be made accessible to the competent authority / EHO of the respective ward office.

b) Any recommendation from the testing laboratory for any form of corrective measures that are needed to be adopted shall be compiled. Copy of any such recommendation and necessary action taken shall also be sent by the testing laboratories to the Competent Authority / EHO of respective Wards.

c) Maintenance of the Recycling Plant should be done by the Developer or Housing Society or Owner.

13.4.2 Group Housing/Apartment Building

In the case of a Group Housing scheme or a multi-storeyed building having 100 or more tenements, Grey Water Recycling Plant as mentioned in Regulation No.13.4.1 above, should be constructed. In the case of EWS/LIG tenements, this shall be provided for tenements of 150 or more.

13.4.3 Educational, Industrial, Commercial, Government, Semi-Government Organizations, Hotels, Lodgings, etc.

For all above buildings having built-up area of 1500 sq.m. or more or if water consumption is 20,000 litre per day whichever is minimum, then provision for Grey Water Treatment Plant as mentioned in Regulation No.13.4.1 is applicable.

13.4.4 Hospitals

Those Hospitals having 40 or more beds, Grey Water Recycling Plant as mentioned in Regulation No.13.4.1 is applicable.

13.4.5 Vehicle Servicing Garages

All Vehicle servicing garages shall ensure that the Grey water generated through the washing of vehicles is treated and recycled back for the same use as mentioned in Regulation No.13.4.1.

13.4.6 Other Hazardous uses

All other Establishments/Buildings where chances of Waste Water generated containing harmful chemicals, and toxins are likely and where such water cannot be directly led into municipal sewers, the concerned Competent Authority may direct the Owners, and users of such Establishments and buildings to treat their Waste Water as per the directions laid in Regulation No.13.4.1.

13.4.7 Incentive

The Owner/Developer/Society setting up and agreeing to periodically maintain such Grey Water Treatment and Recycling Plant entirely through their own expenditure shall be eligible for an incentive in the form of fiscal benefits in Property Tax to the extent of 5% to Tenement holder/Society.

13.4.8 Penalty Clause

Any person/Owner/Developer/Organization/Society violating the provisions of these bye-laws, he shall be fined Rs.2,500/- on the day of detection and if the violation continues, then he shall be fined Rs.100/- for every day as concrete action after written Notice from Authority.

If any person/Owner/Developer/Organization/Society fails to operate as determined by the Authorised Officer of the Authority and from the observations of test results and/or physical verification) the Recycling plant, then he will be charged a penalty of Rs.300/- per day and disconnection of the Water connection also.

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Rain Water Harvesting in UDCPR 2020

Provisions for Barrier-Free Access in UDCPR 2020

Installation of Solar Assisted Water Heating (SWH) System, Roof Top Photovoltaic (RTPV) System in UDCPR 2020

Solid Waste Management 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. 14.2 Transit-Oriented Development (TOD)

The following regulations in respect of Transit Oriented Development shall be applicable for the areas mentioned herein under. These provisions shall come into operation where Authorities either have or proposed RTS/Metro-rail/BRTS corridors in their Development Plans and have started implementing them.

14.2.1 For Pune Municipal Corporation Area

14.2.1 Transit-Oriented Development (TOD)

The planning authority shall ensure execution of complete street design for the success of TOD and enable construction of street oriented buildings while achieving optimum densities in residential, commercial and office buildings.

The Planning authority shall also ensure complete pedestrianisation in the TOD zones for easy movement of the pedestrians to & from station within a period of 1 year from sanction of this regulation.
 

14.2.1.1 Definition

(i) TOD zone :- It is the area 500 m. around the proposed Metrostation boundary, which will be delineated by the Planning Authority with the approval of the State Government. Wherever any reservation/amenity space within such distance is utilized for the purpose of transportation as prescribed in these regulations, and the distance of 500 m. shall stand relaxed up to 30%. The TOD zone shall be delineated on the ground by the Planning Authority in a bound manner i.e. within 2 months from this notification.

(ii) Base permissible FSI :- It is the FSI that is otherwise permissible on any land with respect to zone shown as per the sanctioned development plan and the relevant provision of the Principal DCPR excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

(iii) Gross plot area :- Gross Plot Area means the total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

(iv) Principal DCPR :- Principal DCPR means the UDCPR sanctioned vide notification dt.02.12.2020 and as amended from time to time.

14.2.1.2 Maximum Permissible FSI

The maximum permissible total FSI in the TOD zone shall be 4.00 including the base permissible FSI, subject to the condition that, the additional FSI over and above the base permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table below -

Note : The Regulations as pertaining to Ancillary FSI as listed in the principle DCPR shall be applicable to the above-mentioned FSI. The Built-up Area Calculation shall be in accordance with Regulation 6.6 of UDCPR.

14.2.1.2.1 Premium to be Paid

Additional FSI Over and above the base permissible FSI of respective land use zones as per principal DCPR may be permitted on the payment of premium.

The rate of premium for the additional F.S.I. as mentioned in Column No.3 above shall be 30% for FSI to be used for tenements of size equal to or less than 60 sq.m. and 35% for the remaining FSI to be used for residential and/or commercial use, of the rate of the said land mentioned in Annual Statement of Rates without considering the guidelines therein.

In the area of the Planning Authority, 50% of the amount of premium collected should be paid to the Planning Authority in the area concerned with the Urban Transport Project and the remaining 50% to the Project Implementing Authority.

In the area of Regional Plans, 50% of the amount of premium collected should be paid to the Government through the District offices of the Town Planning and Valuation Department and the remaining 50% to the Project Implementing Authority.

14.2.1.2.2 Impact Assessment and Integrated Mobility Plan

Such additional FSI over and above the base permissible FSI, shall be granted by the Authority from where the Metro Rail is passing through, after taking into account the Impact Assessment of the implementation of these regulations, regarding the impact on the city and sector-level infrastructure and amenities as well as traffic and environment. Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time-bound manner.

There shall be an Integrated Mobility Plan envisaging inter-linkages between different modes of mass transport, parking management, traffic management and pedestrianisation, non- motorized transport network, last mile connectivity, traffic calming, inter-connected street networking etc.

The impact assessment analysis shall be done by the Planning Authority within 4 months containing the remedial measures required regarding the upgradation of infrastructure, etc. taking into consideration the impact analysis and provisions of the sanctioned Development Plan and the need for such area falling in TOD Zone. Local Area Plans shall be prepared by the Planning Authority with the participation of local residents within a period of four (4) months. Such Local Area Plans shall contain complete street design to achieve optimum densities and also to ensure complete pedestrianisation.

14.2.1.2.3

The entire area of the plot may be considered for calculating the potential of the plot with respect to premium FSI + TDR, but not the basic FSI. Basic FSI shall be calculated on the area of the plot remaining with the owner after deducting the area under D.P. road/road widening/reservations and amenity space. This shall be applicable in cases where a reservation area or amenity space is handed over to the authority.

14.2.1.2.4

In case of plot/plots falling partly within the TOD zone, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within TOD zone plus plot falling outside TOD zone) shall be as prescribed in the table in regulation no.14.2.1.2 :-

(i) Where 50% or more area of such plot/plots falls within TOD zone, these regulations including FSI shall apply to the total area of such plot/plots.

(ii) Whereless than 50% area of such plot/plots falls within the TOD zone, these regulations including FSI shall be applicable to the part of plot/plots falling within the TOD zone, whereas for the part of plot/plots falling outside TOD zone, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside the TOD zone shall be as per Principal DCPR.

Notwithstanding anything contained in any other provisions of these regulations, TDR shall be allowed to be received on the plots within the TOD zone, irrespective of its location in a congested area/non-congested area as per the Development Plan of Pune subject to the condition that it shall be utilised in 1/4th share with premium FSI at every stage of utilization. Such share shall be calculated on the potential remaining after utilizing the in-situ FSI towards the Development Plan road, reservation, and amenity space, if any, on such land.

However in case of non -availability/shortage of TDR, the Authority, after considering the local situation, may allow utilisation of the entire potential with premium FSI. The Planning Authority shall compensate for the same to the Metro Project Implementing Authority as per the sharing formula decided by the Government from time to time.

(iii) In the case of plots that marginally fall in the TOD Zone, i.e., less than 10% or 500 sq.m., whichever is less, the land owner/developer shall decide to follow these TOD Regulations or Principal DCPR.

14.2.1.3 Tenement Size

For any development or redevelopment within the TOD zone, the size of the tenement shall be a minimum of 25 sq.m. and a maximum of 120 sq.m. of carpet area and out of total proposed tenements, the tenements equivalent to at least 50% of total FSI shall be of a size equal to or less than 60 sq.m. carpet area except the projects in which rehabilitation of existing tenements is undertaken. In the case of a redevelopment scheme, the size of the tenement can be relaxed for the Rehab Component subject to other provisions of Principal DCPR. However, for the free sale component, 50% of residual FSI shall be utilised for tenements of size equal to or less than 60 sq.m. carpet area. These tenements shall not be allowed to be clubbed/amalgamated in any case. However, this restriction for the residual FSI shall not be necessary in the case of single-building redevelopment projects on plots below 1000 sq.m.

In the case of a building with mixed-use, 50% of FSI utilized for residential purposes shall be considered for calculating the requirement of tenements of a size equal to or less than 60 sq.m. carpet area.

If the holder/owner of the property needs to build this 50% component at some other location(s) within the same TOD zone/circle, the difference between the rate of sale of tenements as mentioned in the Annual Statement of Rates shall be paid by the developer to the Municipal Corporation as premium.

14.2.1.4 Permissible mixed use in TOD zone

Mixed-use in the form of residential and commercial may be permissible on the residential plot in the TOD zone fronting on the road width of 12 m., and above, and mixed-use on plot/plots in the commercial plot in the TOD zone shall be permissible as per the Principal DCPR and the maximum permissible FSI under this regulation shall be allowed on the payment of premium. Purely Mercantile building office buildings, schools, colleges, hospitals, hotels, and assembly buildings will be permissible on independent plots, & Information Technology buildings will be permissible on independent plots subject to payment of premium. For I.T. Buildings the rate of premium for additional FSI up to 200 % shall be as per regulation No.7.8 of Principal DCPR and for additional FSI over it shall be as required under this regulation.

14.2.1.5 Marginal Distances

Marginal Distances Shall be applicable as per provisions in principle DCPR.

14.2.1.6 Parking

Parking provisions in the TOD Zone shall be at 50% of those as mentioned in UDCPR.

Note : No on-street parking shall be permissible, unless specifically allowed in the integrated mobility plan report.

14.2.1.6.1 Incentive for providing Public Parking in the area falling within the radius of 200 m. from the Metro/ MRTS Station.

If the owner/developer of the plot falling within the radius of 200 mt. from the Metro Station is willing to provide Public Parking space over and above the parking spaces required as per

regulation No.14.2.1.6 of this regulation, the same shall be allowed without charging a premium for such additional area and in that case the overall premium shall be discounted on 50 % of such parking area while calculating premium for additional FSI allowed over and above the base FSI, subject to following conditions :-

a) Such parking area shall be in the built-form and shall be handed over to the Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with the owner/developer for such parking space at the time of granting Commencement Certificate to the project. Such a Public Parking area shall be clearly shown on the proposed building plan/layout and a condition to the above effect shall be incorporated in the Commencement Certificate.

b) The parking area shall have independent access from the major road adjacent to the plot and with proper entry and exits.

c) The parking area to be made available at the individual site shall be at a minimum of 100 sq. mt. at one place either on the Ground floor/Stilt floor or the first floor.

d) The maximum parking area that can be provided shall be decided by the Authority, as the case may be, on considering the location of such site and the parking requirement.

e) A board showing the location of such public parking spaces should he displayed at suitable places by the Planning Authority.

f) The area covered under such parking shall not be counted towards FSI consumption.

g) Concerned land owner/developer/society / public company shall not be allowed to operate the public parking.

h) The proposed development shall be further subject to such conditions as may be decided by the Authority.
 

14.2.1.7

In case of development or redevelopment, proposed by the Authority/individual applicant/any other Planning Authority, from the edge of the Metro Rail, within 20 mt. distance on its either side, the concerned Planning Authority before granting such permission for development/redevelopment shall seek prior NOC from the concerned Metro Railway Authority as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

14.2.1.8

For the matters not provided in this regulation, the relevant provisions of Principal DCPR shall apply. However, in case of any conflict between this Regulation and any other Regulation/s of the Principal DCPR, this Regulation shall prevail for the TOD zone.

14.2.1.9

No Compound wall/fencing shall be permissible on the plot's boundary facing the road, and 50% of the front marginal distance (subject to a minimum of 3.0 mt.) shall be kept accessible to pedestrians to be used as footpaths. However, it shall be permissible for the applicant to construct / erect fencing on the receded boundary after leaving the space for pedestrians as specified above.

14.2.1.10

Large wholesale stores having built-up areas of more than 500 sq.mt., car dealer showrooms, warehouses/storages, auto service centres, Garages etc. shall not be permissible in the TOD zone.

14.2.1.11

The provision of Inclusive housing shall not be applicable in the TOD zone.

14.2.1.12

For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in the TOD zone, seeking permission for development/redevelopment, these regulations shall apply.

14.2.1.13

In the case of an independent unit or bungalow for self-use, such Development or redevelopment may be allowed within base FSI subject to the Principal DCPR.

Notwithstanding anything contained in this regulation, if any development on a plot in the TOD zone is proposed within base permissible FSI (without TDR or Premium FSI) as per provisions of Principal DCPR, all other provisions of Principal DCPR shall be applicable.

14.2.1.14

The layout of building/group housing layout or standalone building on a plot/plots situated in TOD zone/Circle, over which any development permission is granted or any development proposal for which any action is taken and for which occupancy certificate is not granted, may be revised and balanced potential, as per this regulation, if any, may be allowed subject to structural stability criteria and provisions in Regulation 1.5 of Principle DCPRand subject to following -

a) Parking - For the ongoing buildings, the requirement of parking as per this regulation shall be applicable for the balance building potential.

b) Tenement size - For the ongoing buildings, the requirement of tenement size as per this regulation shall be applicable for the balance building potential.

14.2.1.15

The Amount received as scrutiny fee, hardship premium, and premium for additional FSI etc. in the TOD zone/circle shall be kept in separate head at Authority level and shall be utilizedfor development of metro project as per directives issued by Government from time to time.

14.2.1.16

These TOD provisions will also be made applicable to other MRTS projects such as BRTS. The scale of FSI availability will be notified later by the Government for such other projects. 

14.2.2 Pune Metropolitan Region Development Authority area

For this area, the regulations specified in Regulation No.14.2.1 are applicable mutatis – mutandis.

14.2.3 For Nagpur Municipal Corporation and Nagpur Metropolitan Region Development Authority

The following Regulations are applicable for the Development/Redevelopment of buildings falling within the Nagpur Metro Rail Corridor (NMRC)

i) Definitions

a) Nagpur Metro Rail Corridor (NMRC) - It is an area falling within 500 m. distance on

either side of the Nagpur Metro Rail measured from its Centre line and also includes the area falling within 500 m. distance from the longitudinal end of the last Metro Railway Station. This regulation is also applicable to all the Planning Authorities from where the Metro Rail is passing through.

b) Base permissible FSI— It is the FSI that is otherwise permissible on any land with respect to the zone shown as per the sanctioned development plan and the relevant provision of the Principal DCR, excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

c) Gross plot area - Gross Plot Area means total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

ii) Maximum Permissible FSI

The maximum permissible total FSI in NMRC shall be 4.00 including the basic permissible FSI, subject to the condition that, the additional FSI over and above the basic permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table No.14-O below :-

Explanation:-

1) The maximum permissible FSI as per the above Table shall be determined by satisfaction of both the criterias viz. Minimum Road width as well as plot area, simultaneously. However in case, both these criteria are not satisfied simultaneously, the maximum permissible FSI shall be the minimum of that permissible against each of these two criteria, as illustrated below.

2) The land owner/Developer shall not have the option to use TDR in NMRC.

Illustrations:- 

a) Premium to be Paid

Additional FSI over and above basic permissible FSI of respective land use zones as mentioned in Chapter 6 may be permitted on the payment of premium as may be decided by the Govt. from time to time.

i) The additional FSI as prescribed in the Table under provision (ii) above, in case of development/redevelopment proposed in the NMRC with minimum tenement density per hectare of the gross plot area as given below.

Minimum Numbers of Tenements = Gross Plot Area x Maximum Proposed FSI for Residential use x 200 Tenement per Hector.

ii) However, subject to the provisions of regulation 14.2.3(iii) herein below, if the tenement density proposed is less than that stipulated under provision (ii)(a)(i), the premium to be paid in that event shall be the additional premium as may be decided by the Govt. from time to time and such premium shall be chargeable on the total additional FSI to be availed beyond the basic permissible FSI.

iii) For construction of buildings mentioned in Chapter 7, the rates of premium shall be as mentioned in the said Chapter.

b) Impact Assessment and Integrated Mobility Plan

Such additional FSI over and above the base permissible FSI, shall be granted by the Commissioner, Nagpur Municipal Corporation / Chairman, Nagpur Improvement Trust, and any Planning Authorities from where the Metro Rail is passing through after taking into account the Impact Assessment of the implementation of these regulations regarding the impact on the city and sector level infrastructure and amenities as well as traffic and environment on such NMRC.

Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time-bound manner. It shall also contain an Integrated Mobility Plan envisaging therein inter-linkages between different modes of mass transport, parking management, traffic management, and pedestrianization.

c) The maximum permissible FSI as given in Table under Regulation No. (ii) above shall be calculated on the gross plot area.

d) In case of plot/plots falling partly within the NMRC, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within NMRC plus plot falling outside NMRC) shall be as prescribed in the table in Regulation No. (ii) above :-

(i) Where 50% or more area of such plot/plots falls within NMRC, these regulations including FSI shall apply to the total area of such plot/plots.

(ii) Where less than 50% area of such plot/plots falls within NMRC, these regulations including FSI shall be applicable to the part of plot/plots falling within NMRC, whereas for the part of plot / plots falling outside NMRC, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside NMRC shall be as mentioned in Chapter 6.

Moreover, the owner shall have the option of either opting for UDCPR provisions in toto or opting for TOD regulations in toto. In case, the owner opts for development as per UDCPR provisions, then he may be allowed to utilize FSI as per TOD regulations over and above the maximum potential mentioned in Table 6-A or 6-G.

e) Notwithstanding anything contained in any other provisions of these regulations, TDR shall not be allowed to be received on the plots within NMRC, irrespective of its location in congested area/non-congested area as per the Sanction Development Plan of Nagpur.

iii) Permissible mixed use in NMRC :

Mixed use in the form of residential and commercial, fully commercial use may be permissible on the residential plot in NMRC fronting on the road width of 12.0 m. and above. Mix use on plot/plots in commercial zones of sanction Development Plan falling under NMRC shall be permissible as per these Development Control and Promotion Regulations and the FSI permissible as per his Regulation over and above as mentioned in Chapter 6 shall be allowed on the payment of premium, as per subject to Maximum building potential as mentioned in Regulation No.(ii) above.

iv) Other provisions regarding marginal open spaces shall be governed by the proposed height of the structure, as given in the provisions (v) below, and should conform to the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (Maharashtra Act No.III of 2007), as amended from time to time. No building permission shall be issued without the NOC of the Fire Officer. Other regulations regarding room sizes, apertures for light, and ventilation shall be as per these Development Control and Promotion Regulations in force.

v) Marginal Spaces :

Note - 1. Maximum Side/Rear/Front Margin shall be 12.0 m however, if the Developer/Owners provide more than 12.0 m. side and rear margins it may be allowed.

Note - 2. The Municipal Commissioner may relax the side and rear marginal distances as per Regulation No.2.4 of UDCPR, subject to the following provisions.

A) If clear minimum marginal distance is proposed from one side as per these Regulation then other side marginal distance may be relaxed up to 50%.

B) Front margin relaxation to allow additional FSI may be granted subject to the condition that the Minimum road width shall be 12.0 m. and above.

Note - 3. In case semi-detached construction as per these regulations, common wall constructed is allowed and marginal distance shall be provided for other side as per these regulations.

(v)(a) No projections shall be allowed in one side marginal spaces as mentioned in Note No.2(A) above so that this marginal spaces remain free from all encumbrances for the movement of fire tenders. However open balconies may be allowed in the marginal spaces where concession as mentioned in Note No.2(A) above is allowed, after leaving minimum 3.0 m. distance from the plot boundaries, subject to Fire NOC.

In case if the ramp is necessary for accessibility, such a ramp may be allowed after living 6.0 m. clear margin. However, such a Ramp may be allowed in the side margin where relaxation is to be granted as per the provision mentioned in Note No.2(A) above subject to NOC of the Fire Department.

(v)b) For calculation of marginal distances, the height of the parking floors (Maximum two floors above the Ground Level) shall not be taken into account, However, the height of such parking floors will be counted towards the total height of the building for deciding the building as high rise building and for civil Aviation purpose.

(v)(c) Car lift/mechanical parking shall be permissible, as per these regulations as amended from time to time.

vi) Parking :

Parking in the NMRC shall be provided as per the table given below :-

Note :-

1) Parking spaces for differently-abled persons shall be provided as stipulated in these

regulations in each new construction/development /re-development in the NMRC.

2) On street parking shall not be permissible, unless specifically allowed in the impact assessment and mobility report.

(vi)(a) Incentive for providing Public Parking in the area falling within a radius of 200 m. from the Metro Station.

If the owner/developer of the plot falling within the radius of 200 m. from the Metro Station, is willing to provide Public Parking space over and above the parking spaces required as per the table given in Regulation No. (vi) above of this regulation, the same shall be allowed and in that case, the premium to be paid by such developer/owner as per Regulation No.14.2.3(ii)

(a) shall be reduced by the amount equal to the premium worked out for 25% of the area earmarked for such additional Public Parking space, subject to the following conditions:-

i) Such parking area shall be in the built-up form and shall be handed over to the Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with the owner/developer for such parking space at the time of granting a Commencement Certificate to the project. Such a Public Parking area shall be clearly shown on the proposed building plan/layout and a condition to the above effect shall be incorporated in the Commencement Certificate.

ii) The parking area shall have independent access from the major road adjacent to the plot and with proper entry and exits.

iii) The parking area to be made available at the individual sites shall be at a minimum of 100 sq.m. at one place either on the Ground floor/Stilt floor or first floor.

iv) The maximum parking area that can be provided shall be decided by the Commissioner, Nagpur Municipal Corporation/the Chairman, Nagpur Improvement Trust, as the case may be, on considering the location of such site and the parking requirement.

v) A board showing the location of such public parking space should be displayed at suitable places by the Planning Authority.

vi) Area covered under such parking shall not be counted towards FSI consumption.

vii)  Concerned land owner/developer/society/public company shall not be allowed to operate the public parking.

viii)  The proposed development shall be further subject to such conditions as may be decided by the Municipal Commissioner/Chairman, NIT, as the case may be.

vii) In case of development or redevelopment, proposed by the Authority / individual applicant/any other Planning Authority, from the edge of the Metro Rail, within 10.0 m. distance from the Metro Rail, on its either side, the concerned Planning Authority i.e. Nagpur Improvement Trust / Nagpur Municipal Corporation before granting such permission for development/redevelopment shall seek prior NOC from the Nagpur Metro Railway Corporation Ltd as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

viii) The provisions of these UDCPR shall be applicable except, express provisions of these TOD regulations. However in case of any conflict between TOD Regulations and any other Regulation/s of UDCPR, TOD Regulations shall prevail for the NMRC.

ix) No Compound wall/fencing shall be permissible on the boundary of plot facing the road and 50% front marginal distance (subject to minimum and maximum of 3.0 m.) shall be kept accessible and to be used as foot paths for pedestrians. However, it shall be permissible for the applicant to construct/erect fencing, on the boundary, after leaving the space for pedestrians as specified above.

However for the plots situated on 9.0 m., 12.0 m. & 15.0 m., wide Roads having 100% residential use therefore, the above rule shall not be made applicable.

a) Large wholesale stores, auto dealer showrooms, warehouses/storages, auto service centres, Garages etc. shall not be permissible in NMRC.

b) Provision of Inclusive housing shall not be applicable in NMRC.

c) For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in NMRC, seeking provisions for Development/redevelopment, these regulations shall apply.

d) The width of the passage shall be a minimum of 1.2 m. for residential use & 2.0 m. for

commercial use.

e) The above regulation shall be applicable to all the buildings (i.e. newly proposed buildings as well as old buildings for utilization of FSI) in TOD.

f) In case of a redevelopment scheme, the size of the tenement can be relaxed for the Rehab Component subject to other provisions of the UDCPR. However, the TOD Regulation shall be made applicable for the free sale component.

g) In case of an independent unit/Bungalow for self-use, such Development/Redevelopment may be allowed within base FSI subject to UDCPR.

h) The layout of the building/group housing layout or standalone building on a plot/plots situated in NMRC over which construction is started and for which occupancy certificate is not granted may be revised and balance potential if any may be allowed as per the above provisions subject to following :-

Marginal Distance – The existing marginal distances including the front margin may be allowed for higher floor/floors and necessary relaxation to that extent may be granted by the Municipal Commissioner subject to compliance with all fire requirements and fire NOCs by charging hardship premium. The hardship premium is to be decided by the Municipal Commissioner. In any case sanctioned existing marginal/front margin distance shall not be reduced.

14.2.4 For other Municipal Corporations and other Metropolitan Region Development Authority (1) and CIDCO area

For these areas, the regulations specified in Regulation No.14.2.1 shall be applicable.

14.2.5 Regulations for BRT Corridor in Pimpri-Chinchwad Municipal Corporation.

The Regulations for development along the BRT corridor in the Pimpri-Chinchwad Municipal Corporation area sanctioned vide Government Notification No.TPS-1812/737/12/CR-506/ 13/Reconstruction No.110/UD-13, dated 03/03/2010 and amended from time to time, shall be applicable with the following modifications.

FSI receiving or development potential of the plot shall be as below

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