©), The surcharge on development charg, leviable on such Closter Redevelopment ‘Scheme ater its conversion under this|‘modified regulation, shell be ealeulated in secondance withthe date ot which the development cess had been paid and shall ‘be recovered before issuing CC ater the conversion ofthe Scheme, Any excess ‘amount paid ¢owards Development Cess shall be adjusted against aay other charges dae, but shall not be refunded. ) Conversion of such Cluster Redevelopment Sehemo, aphid been sanctioned by fhe Govt earlier, shall not require Govt. approval and it shall bo within the competence of the High Power ‘Committee fo permit conweision of such Clusler Redevelonment Schemes. Provided farther that after the coming into force of this modified Regulation, land pooling and the development of buildable reservations and constiuction of coming into foree of t ‘Trensit Camps in tho Cluster Redevelopment Scheme approved prior to the modified Regulation may be done as pa the provisions of this modified Regolation, if the same has not been eampleted so fir, even where such Chister Relevelopment Scheme has not been converted to be developed as pet this Regulation, 16sf ull dilutions of 1 38(7) shall have to be restored as per this Regulation approval or converted into-« URS wer Regulation 328). How reservation® under Regulat 19, Hivitage buildings of Grade-T and II es well as muheriand and strmetraly sound ‘elsngbe buildings may be inloded in the Urban Renewal Custer, but have to be Kept vb they ae, longwith land appurtenent, and this area shall be counted towards the Slab Sr incentive ESE, but shall not be eousidered for FS] under this Regulation. As regards uch Heritage Structures, the Promoter / Developer shall have to contribute Heritage Coss at 5% of ASR on the basis of built-up area of the Heritage structure. Existing provisions under the DCR shall apply to Heritage Buildings of Grade-Il) and hevitage yecines, However, before pfnting approval for such buildings, the HPC shall consult the Hestaye, Conservation Committee eppointed for tht purpose, 20, IE HPC approves arcas for amenities such as Fire Stations / Hospitals / Police Stations! Schools, ete. other than the reservations / designations under the Development Plan, such amenities shall be handed over to the eoncemed Authority five of cost and the built up area of such amenity shell be considered towards rehabilitation F.S.1, and ineentive FSI as admissible under this Regulation shell bbe permissible, a 24. Aligh Power Committee (HPC) shal be constituted which shall be competent fo spprove the Usban Renewal Schemes with the previous sanction of the Govbtninent under this Reguletion, On approval by this High Pawer Committes, the propose! shall be submitted to the Municipal Commissioner, MCGM for epprovel of plans. ‘the decision of HPC shall be appeatable as if iis an uppea under section 47 of the MROP Act, 1966. Provided that po Urban Renewal Scheme shat! be sanctioned by the Government ‘without giving due regard to the Impact Assessment study referred (0 in clause A.1of this Appendix. 22, Regardless ofits area, any Cluster Redevelopment Scheme for which LOL ‘pas been issued under Regulation 33(9) prior to the date of coming into foree of this modified Regulation can be allowed 10 be converted to be developed as per this Regulation at the request of the Promoter / Developer, with the approval ofthe State Govt Provided thati- 4) In respect of wen Cluster Redevelopment Scheme, the additional entitement and ‘bonus entitlement as provided in Clause 5 of this Appendix, shall wot be randator) but shall be. pennissible al the option ofthe Ovmner J Developer, but til other provisions of this modified regulation shall be applicable, ty For the purpose of ealealation of Basic Ratio, os specifics! In Clause 6) of this “Appendix , the Ind rate (LC) and the Ret of construction (RC) shall be takes for the year in which such Cluster Redevelopment Scheme vas approved and LOL ‘was issued by the competent authority. 1513.13 The means of access shall be normally governed by the provisions of Regulation Noda, However, in the URS, wherever the dosign ofthe buildings up to 24 m, height Tequires feleraion in the wis of ecess, the same may be given, However, high rise tuidig shall be permissible only on access having width of 9 m. and above. [3.14 Byen if the reereational open space is reduosd to make the projost URS viable, at tout 10 pareent of URC plot area shall be provided ax vzreational open space In eotlson & this, 10 percent of URC plot stea shall be earmarked for amenity space which ‘cen be adjusted against the DP reservation, if ny, existing on auch plot 1315 Premium shall not be changed for exclusion of siirease and lif well ete, as ‘covered under the provisions of Regulation 35@2}(%) Tete In onder to make the Urban Renewal Scheme viable, the Municipal ‘Gonnmissioner shall be competent to sanction any relaxation in marginal open spaces cacept ont marginal open spaces and parking requrereents wherever necessry de TeSeE ge hatdahip, for reasons to be recorded in writing which shall aot affect general teat; tite and sefely requirements. However the Gov. shall have the power fo relax ry of the provisions in these Regalations, 15:17-_ Al reloxations outlined hereinabove shall be adrasibe only in respect ofthe a uiltation component and the composite buildings under the URS. Premium shall not ‘Be charped forall or any of the relaxations given hereinabove ot for any other rlaxations ‘mentioned in Regulation 35(2)6¥). {3,18 The poking i the scheme shal be provided as pes Regulation 36 or atthe rate of tone car pak per tenement of sale component, whichever is higher. a, The approving / sonetioning authority fr the building plans under the URS shall be the Municipal Commissioner as per the MMC Act and MRIP Act, 1966 even ifthe ‘URS patly consist! of doclaced slums / shums on Municipal / Gov. lands existing prior to lst January 2000 oF suet otbsr reference date notified by the Government, 15, Religious strctures oxatng onthe ste of URS prior o redevelopment if allowe, te'be redeveloped in accordance with tho guidelines Jssued by the Government from fine to tine, shall ot, following svch redevelopment, ave are exceeding their area porto redevelopment 16 Restetion on transfor of tenements shell be governed by the provisions of Mabarashire Rent Controt Ac, fill Co-op, Housing Society is formed and thereafies the arena pal be governed by the provision of Malterasbta Co-op. Societies Act. Howevet, Cavments constricted for shim sehabiitation shall not be trensferable for a period of 10 eats. 19, CORPUS FUND—A Corpus fund shall be created by the Promotor / Developer a8 rete by the High Power Commites, which will be wiised for maintenance ofthe rehabilitation buildings for « period of 10 years. 4. Any ongoing scheme wader Regulation 33(7) which fli the exteria unde this modified Regulation 33(9) can be included inthe proposal under Regulation 39 (9) for 1“133 Notwithstanding anything contained in Regulation 35(4) of he DCR, ateas of sammon pessages not exceeding 2.00 mi. in width, provided for giving access to the teneinents in vehabilitation component and the tenements to be funded over against reservation and MIADA componert shall not be eounte towards PS) 124 Front und marginal epen spaces, fora building having height up to 24.0 m. in the rehabilitation component or & composite building, shell he 4 on, ‘eovided that open space of the width of 6 meters at least on one side at ground love! within the plot, accessible fiom the road side shall have to be maintained for the ‘maneuverability of» fro engine, unless the bnilding wbuts two roads of 6 meters o: more ‘on two sides, or another access of 6 meters to the building is evaleble, apa from the ‘oad abutting the building 135 Notwithstanding the provisions in Regulation 29 (Lable 10) waere the lecation of he URC plot abuts a DP Read having width of 18.3 mt. and above. The front marginal ‘open space shall not be insisted upon beyond 4.5 mt, provided, sich road is not an Express Highway ora road wider than 52 mi 15.6 Where the location of the URC plt abuts a vined nallh, the rarginal oyen space along the nallah shall be 4.5 mt. from the edge of the trained nallh, or as yeguired by SWD Department of MCGM, whichever is greater. (3.7. The distance between any two rehabilitation bulldings shall,nct bo less thas 6,00 mt 136 Ifthe height of any building consrwoted under URS is mote then 24 mt, marginal ‘open spece of 6 mi. or as required by CFO whichever is greater shall bs maintained. 13.9 A composite building under URS shall have atleast SO pereent ofthe built-up area ss ehabilitation component 13.10 Wherever more than the minimum front end marginal spaces have been Provided, such additional area provided may be considered wherever accessory, Of te amenity open space under the URS compristis both rehabilat components, without charging any premium, in relaxwtion of the stipulation in Regulation No. 23, 13.11 Pathways and Means of Access.—The ratio between the length of te pathway tnd the width thereof shal be as follows >— Length vu Upo20 Mis Tv 21(030Mts, 2.0 Meters, 31040 Mts, 2.5 Mosrs, at somes, 3.0 Motes. 1312 Betwosn the dimensions preseeibed forthe pathway and the marginel distances, the larger of the two shall prevail. The pathvay shall aot es access wherever necosnary, The ‘buiing shall be pemnitted to touch pathways, 13rehabilitation tenements shall be utilized for rebobiitaion composent only. Its lization for Sale Component under the Urban Renewal, Scheme shall ot be permissible 9. 30% of the incentive FS] ean be used for non-residential purposes as otherwise permissible under the DCR. 10. A Surcharge on Development at the rate of 100% of Development charge, subject to-a minimum of Rs $000 per Sqm. for the built area over and above the oval: pemissile FI, forthe rehebilitation and fee sale component, shall be leviabe in Teapect of ry URS by the MCGM. in secordanee with the time sehedule for such Fayment 3 nay be laid down by the Commissioner, MCGM. This amount shall be Kept in a separate account and shall be used for the Improvement of off-site Snfasteuoture around the urban renewal chister, ‘This surcharge shall not be eppllcable to the built up are to be handed over to the MCGM ot any Public Authority in liew of reservation or to Use amenity aress to be Nanded over to the MCGM es per the requirement indicated by the MCGM ot the High Power Committe, 11. The temporary transit camps may be permitted in the same Urban Renewal Cluster ay elsewhere in MCGM limits on fand belonging to the Promoter / Developer up to Stoo FSI with the concessions permissible under SRA. Scheme under Regulation 330) of thexe Developmant Control Regulations, Such transit camps sell ave to be see isn’ after full oecupation certificate is granted to the Rehabilitation Component {the Corporation for the reconstructed building, Til the transit eamps ee flly ey nelisheds the Commissionér shall not release FST for the free sele area under the {URS In ensess of 75% of the total admissible Incentivo FSI 42, Non conforming Activities ~All activities which are existing shall bo cllowed to ‘pe resaceoinmodated regurdless of the nonconforming nature of such activities exospling, those which aro hazardous and highly polling and those where altemative ecommodetion fas fo he provided elsewhere by the Premoter / Developer / Munejpel Corporation, 1:Relaxation in Building and oiber vequivements:: In cast of tenements of 27.88 sq.m. Carpet area for rehabilitation oF tenements to be tiven to MHADA, towards ils shore and the built-up atea to be handed over to the Sranning Authority / Appropriate Authority, the following shall be applicable, 13,4 Cateulation of PSI forall purposes shall be on gross area of the TTRS ie, without fedueting any. percentage for reoccational open space. ‘This shall not affect. the ‘equirement of physienlteational open space, to be kept on the ste as per prevaling D.C, Regulations 132 The provision in Regulation 3822) telating 1 aloony shall apply te the URS with the following specifications := Balcony shall nol reguzed marginal open space to less than 3.00 m. However, at ground fovel,minlmum 4.5 a slear margin chall be malntnines 2® Redevelopment reconstruction in any zone shall be allowed to be undertakes without going through the process of change of zone. However, for the industial ser the existing segregaling distance shall be maintained fiom the exiting industrial unit. Any fend under non-buildableroservations, admessuting only upto $00 sql. ‘may be cleared by shifting the existing tenans fom that site © _Teshe area under a non buildable reservation is more hain $00 sq.m, minim ‘50% of the area under reservation shall be developed for the same purpose and handed over to MCGM, subject io a minimum of 500 squmt. and the remaining Jind shall bo allowed for development. The said provision is subject to the Hon'ble High Conr’s Order in Writ Petition No, 1152/2002 (City Space Vis, Govt of Maharashtra) 4. All the reservations inthe Development Plan shall be reaanged, if necessary, with the same ares and the seme width of accoss rond ot as required under DCR, whichever is moce, © For the reservation of parking lot on a land included in URC, built up atea equivalent to zonal petmissible PSI for the area iider reseivation in that plot shall bbe made available fee of cost to the Municipal Corporation or to any other Appropriate Authority. Such built up atea tobe hetded over shel be free of FS. &. For other buildable reservations on land, built up avea equal 10.60% of the zonal ‘permissible PSY under such reservations or existing built up arca of the amenity Whichever is more, on that plot shall be made available free of PSY and freo of cost to the Municipal Corporation or the Appropriate Authority, ‘The reservations of compatible nature can be preferably constructed i one of inore separate blocks, depending on the area and nature of such reservations end ‘Municipal Commissioncr may petmit composite development of reservations in case of such reservations. However, if the HPC/Planning Authority requires built-up area under any deeignstion /szervetion in excess of the zonal permissible FSI, then such xeeas ‘rea shall, be considered as rehbilitation J, and incentive FSI a8 ‘admissible under this Regulation shall be permissible. ‘Provided that in case of development of reservations of PH, PH/HDE & HD. ‘under the Urban Renewal Scheme, built-up area equal 0 30% of the zonal permissible FST shall be handed over to the Municipal Corpotaion free of FSI and free of cost, in addition to the rehabilitation of the existing tenements or sees if any. 8 Where s proposed Development Plan Ros. or Regula line of strvet passes through the Urban Renoval © Scheme area, the entire FSI admissible under these Regulations for the area ofthe road may bo given inthe same Scheme. 4. No premium shall be charge forthe fingible FS adnssible as per Regulation 35 (©) for rehabilitation component of a Urban Renewal Scheme as sanctioned by HPC and {or the fonements to be handed over to MHADA and for the arens of reservation to be handed aver to MCGM / Appropriate Authority. This fuigible FSt admissible to the nPAD’s of ax transit accommodation then the fenements received under jts share shall be used by MHADA for PAP’ or Transit Accomodation or shal be sold as affordable housing with prior permission of the Goverment, 4 Yoterted sirotores* encroaching upon the roads in nearby vicinity shall be allowed t, UeSfechuded in the Urban Renewal Scheme snd its built parca shall be included in ‘etabilitetion ates, provided such slructares are permanently removed, aplnnation The tem "olrated structure” means te structure used for residential aaeameaidenial purpose and existing por to 17 April 1964 or 1% Apel 1962 respeatvely 1 shal be permissible o implement the sanctioned Urban Renewal Seheme fn phasas Provided the arew of Urban Renewal Cluster is mero tan 8000 sqm. (> cers) the Beetlopment in each phese fs telly in eonformly wih the Master Plan/Layout Flan spproved forthe entire Urban Renewal Scheme Subject ‘0 the muster plan for tho whole chster being followed, phase wise Snrfemeniaton of Usban Renewel Scheme may be allowed, with pro rata ullistion of the total sdinesble FSI. Provided, frthet that, while giving permission for phased implementation of the Urban Renewal’ Scheme, the time fame for implementation of exch phase shal also be given. ‘The minimum area for each pase shall be 4000sq.mtc. Provided further that, while giving permission for phased implementation of Urban ares! Scheme, the incentive FSL ss per Table-B shel be frst released as per the area tthe plot under a given phaso and the balance incentive FST shall be released while fiving approval tothe last phase 7. From the total FSI available under Clause 6, entre FSi towards rehabilitation Zomponent and MHADA’s share shall have to be utlized on plot / plots under the seeener case a pet of incentive FS] is not proposed to be wtilized on the seme plot a hawt of trensferable development rights to be used in suburbs or extended suburbs iver Appendix VIIA of D.C. Regulation No 34 sal be given. However the quantum, SETDR shall be governed by the following formula Incentive FSI at oeation *B? in Urban Renewal Scheme a Nheentive FSI at location ‘A’ in Urban Renewal Scheme X ASR value of Land at tocation ‘A? / ASR value of Land at location “B “Where loetion “A" refers to the locaton where incentive PST in Usban Renewal ‘Scheme s generated, Tocation ‘Bis the new Losation whor* such incentive FST is to be wilized ven ifthe scheme parlly includes shum, the TDR generated will be considered at pat ‘with reservation TDR. 8, Development of DP Reservations Consiustion or reconstruction of sums / buildings falling under Reservations contemplated inthe Development Plan shail be peresblo a under ~ 0‘Peovided further that in case there ste mare than one lend rates applicable to different parls of the plot under the Urban Renewal Schemo, a weighted average of all the Applicable rates shall be taken forcatulating the Average Land Rate and the Basie Ratio. Provided further that for ealevation of the Basic Ratio, the Land Rae (LR) nnd the Rate ‘of Construction (RC ) shall be takon for the year in which the Cluster Development Project is approved and LO is issued by the Authority competent fo approve fl and the ssid ratio shall remain unchanged even if guch Scheme undergoes any tesion or modification subsequently during is couse of empletion, Provided further that if any new area is allowed to be added ta or deleied fiom the Urbmn Renewol Scheme after such Scheme has been approved and if there is change in the slab prescribed above, the incentive FS) forthe total area of the rovised Scheme shall be determined ss per the new slab. Provided further that any new area is to be ‘added to 4 URS shall not be loss than 75% of the minimora ares requized lor URS. Provided further that augmentation of area of Urban Renewal Cluster shall not be allowed efter further C.C. hus been issued in respect of more than 75% of the total permissible builtup area sanctioned under the original Scheine and there shall be no tevision of individual entieraents as a result of auch amalgamation of area. Howeves, Aeletion of area from’ a sanctioned scheme will be permissible provided the coxstrction. of rehabilitation component has not commenced and such deletion does not break the contiguity of the area under Urban Renewal Scheme, 4) If the tote of rohabiition FSI + incentive FST is less than 4,00, then the Balance FST over and cbove total of “relabiltacion FS} + iresitive FST" wa pen (©) atove upio the limit of 4.00 shall be shared! in terms of built up area between MEADA and the Promoter! Developer in accordance with Table-C below ‘Tabloc Basie Ratio [Shaving of Balance FST 7] (CLRRC) Promoter Developer Share | MHADA Share ‘Above 6.00 30%, 70%. ‘Above 4.00 and upto 600, 35%, 6596 ‘Above 2,00 and upio 400. 10%, 0% ‘Upto 2.00 45% 55%. Provided that at the option of or with the approval of METADA, the tenements coming to the share of MHADA can also be provided by the Promoter/Developer dsewhere within the saine Municipal Ward as per the following formula ‘Area of tenements coming to MHADA\s share at location 'B in Urban Renewal Scheme ' tea of tenements coming to MHADA's shate st location 'A' in Urban Renewal ‘Scheme X land cate as per ASR value of location ’A'/ lend rate as per ASR value of location ‘Wher, Jocation ‘A’ refers to the location where tenements coming to MHADA’s share wader the Scheme are requied to be given, Location *B! is the new location where such tenements ar allowed to be given. Provided father tat the tenements so received by the MHADA under its she shall be fitst offered free of cost to the MCGM and MMRDA for use as PAP tenements of 8 transit accommodation, I the MCGM and MMRDA do not requive such tenements for °Provided that if the cagpet area of any occupant /lenement inthe old building is 100 sq.m or more then he shall be entitled to additional entitement and bons cltlementonly on the basis of earpet area of 100 samt. Provided further thatthe above provision of “Additional Pntitlement® and "Bonus Entitlement” shall be applicable only in case of URS having maximum PSI of 4.00. ‘Provided futher thet the rcabilitation enitlement of any occupant of a commercial establishment who is allowed by the HPC to be rehabilitated in a residential tenement in Tiea of his commercial establishment, shal slso be governed by the aforesad provisions applicable tothe restdental occupants in these regulations. (ji) Each eligible slum dvveller shall be entitled tom enement of carpet area of 25.00 sq, ries, 269s) only 6 fetal Permissible RSL for URS := 2) The total permissible FSI for an Uyban Renewal Schome shall be 4.00. on gross plot area, but excluding the reservations/designations, Road set back, area under existing Mi Roads But including the boilt up ‘area under midesignetioa, Rosd eet back or gum total of the Rehabilitation FSI + Incentive PSI, whichever is more. Provided that the aforesaid PSL shall be exclusive of the Fungible FSI admissible ‘under the provision of DCR 35 (4). +b) The FSI for Urtan Renewal Schemes in CRZ area, shall be governed by the MoBP Notifications issued fiom time to time. “The incentive FSI admissible against the FSI requited for tehabilitaion, shall be based on the ratio (hervinafter referred to as Basic Ratio ) of Land Rate (LR.), in [RsfSqn, ofthe Jands included in the Urban Renewal Chister; as per the Anna} Statement of Rates (ASR ) and Rate of Construction (RC )* in Re/Sqr, ‘applicable tothe area aa por the ASR and shall be given as per the Table-B below: Table-B Basie Ratio Tncentive (LRROM (As % of Admissible Rehabilitation Area) Forddba to |For L0 ba to S0| For 50 ha[For 100 10 ha, ha to bo & 10.0ha, | above ‘Abave 600 35%, Gi, 65% 70% ‘Aeove 400 and [5% 710% 1% 80% 0 6.00 ‘Above 200” and [75% 30% a 3% upto 4.00 Upto 200 ee 3% 35% 100% “Explanation = @) "RC isthe rate of construction in respect of R.C.C. Construction, as published by the Chief Contolling Revenue Authority & Inspector General of Registration, Maharashtra State in the Annual Statement of Rates.to the Promoter only forthe purpose of implementing URS after execsting an epreement with him in this regard, subject to the Promoter depositing with the Govt. necessary amount of money forthe land acquisition. For the porpose of land acquisition, URS shall De regarded as public purpose. 4. a) Redevelopment or Reconstrction under Urban Renewal Scheme may be perunited in pursuance of en irrevocable registered writen consent by not less than 70 percent of the eligible tenantsoccupiers of all the authorised builings on each plot involved in the Urban Renewel Seheme of s provided in MHAD Aa, 1976, Consent at aforesaid of such 70% tenants /occupiers for reconstruction or redevelopment shall be required, even if MHADA (MCGM undertakes redevelopment, on ite own lang dizectly without any developer. ‘The Developer shall be requied to submit alongwith the URS propose, proof of ownership or procurement of development rights in respect of atleast 70% of ‘the land under the proposed URS aad it shall be mandatory for him to submit such proof of awnetship or - procurement of development rights in respect of the balmce area within one year ftom the date of ise of the Letter of Intent. ») All the cligible occupants f tenants ofthe building(s ) undergoing redevelopment shall be rehoblitated in the redeveloped building). 5. Relubilitation Entitaments: {@) Boch cocupant tenant shall be rhabilited ana given on ownership bacis,esrpot ‘atea equivalent to the area occupied by such oveupant / tenant in the old building. However in case of residential occupants such carpet area shall no! be less than 27.88, ‘um. This shal be colled the “base enlement” of an eligible oomupant. ‘his shal be called the "basic entitlement” of an eligible occupant. (Over and above. the basi entitlement, thete shell be additional enidement forthe ‘slubiltation of Residential Occupants governed by the size of the Urban Renewal Chater in acoordasoe with the Table-A below. Table A ‘Rieu of he Urban Renewal Chaser | Additional Entitlement (As%of the Basi entitlement ) ‘Avove | Hestare upto a Wectaro | 15% ‘Above? Hestare up to 8 Heaters _ [30% ‘Above § Heotaee upto 10 Hectsre | 25% ‘Above 10 Hectare 30% Over and above the additional entitlement prescribed above, 10% bonus entitlement for ‘he echobilteion of Residential Occupants shall be allowed ifthe px, osal complete in all respect, ig submitted within 3 years ftom the date of coming into force af thi ‘modified Regulation and proposal, complete in all respec, is submited tothe Competent ‘Authority within 1 year from the dete of approval by the High Power committee (HPC) set up under Clause-21 of this Appendix.1) Purchase of lands insluting buildings, if any, standing thereupon, Provided that ifthe Promoter wishes to purchase. any building or land. belonging to tle State Govt, or MCGM or MEADA. or any Agency under the contral of State Gov (perenafice collectively refered as “Public Authosiy"), then he shall make @ carat eeques! inthis egard through the Manicipal Commissioner to an Empowered Comntice headed by the Chief Secretary, This Empowered Committee. shell consist ‘of the following embers ‘Chief Seeretary © Chair Principal Setetary / Additonal Chief Sessetry (Revenue) Member. "Pringipal Seerciary (Urban Development Department1) ~, Member Seoretary Principal Secretary (STousing Department) = Member Principal Secretary. ofthe concerned Department = Member pal Seeretary (Finance) = Member Principal Secretary (Lave & Judiciary Dept) = Member ‘Vive President and Chief Exeoative Officer (MHADA) = Member ‘Mieipal Commissioner, MCGM = Member ‘The aforesaid Empowered Committee shell_examine the request made by the promoter in tems of the need and desirability of making the land belonging to & Publle Authority nalable for URS and would decide the tere of transfer of such lend poke Promoter forthe purpose of implementing URS. In case the land sought by the eee ter belongs 40 an aulhorty erested by of under « statute, the deoision of the Prapowrted Conunities sl he subject atfexion approval by sueh Authority, 1) Brchange of such land witha suteble land oft least equivalent value ws por the Sand cates piven inthe ASRS 1) Procurement of development rights over such land, by way. of rexirad docement by the Promoter, provided tht the area over which the Promoter holds seeopment righls shall be regarded as one plot forall he purposes of the DER; or 4) ‘Transfer of ll lands included inthe Urban Renewal Cluster to legal entity (eg Registered Sooty or Company, Co-operative Housing Soviet, Charitable Treat te) 19 bo created by the Promoter for implementing the Urban Reneval Sodaine where different. langholdees have stakes proportionate to thelr share in th folal land under URSs or 5) Asquston of lands, provided the Promoter os purchase or procured. development Pate erat least 70% land comprised in tho Urban Renewal Chute end there are dangerous buildings, declared as sch by the Competent Authority onthe Balance Jands sonisined in the URC. Jn such a situation the Promoter may approach the HPC for carvrsending the proposal to the Govt, for acquisition of such balance lands. Upon eenrar much request, the HPC may, efter due examination, recommend to the Govt Ter veh lands are required (0 be acquired for the purposes of URS. The Govt a water shal tse necosety steps to cequire such balance lands under the provisions ree selovant lv. viz MRTP Act, 1966 or Land Acquistion Act and transfer the same 6lands existing prior to 1.1.2000 or such other reference date notified by the Government provided such slums areas do not constitute mote than 50% of the area of Urban Renewal Cluster. Explanation: Wf some areas we previously developed! or are in the provess of evelopment under different provisions of the DCR, such areas can be included in the ‘rban renewal cluster only for planning purposes. However, such area shall be excluded for calculation of F81 under this Regulation andthe edmissible FSt shall be calculated as per the relevant provisions of the DCR under which auch areas are develuped ur ale being developed. However, it shall be necessary 9 obtain consent of ownevfowiners OF such areas for becoming pat of the Urban Renewal Cluster 2, Blaibility of Qcounants for Reha (A) For Buildings jon under enewal Scheie URS i. No new tenancy created after 13V6/96 shal be considered, Further, unauthorized onstruction med in buildings for creating new tenancy inthe exiting tenancies shall not be cotsidered while doing computation of existing FSI. A eerifed inspection extrct ofthe Municipa) Corporation fer the year 1995-96 or Court, Osser proving the existence of tenements prior 10 13/6/96 shall be considered aadequale evidenec to establish the number of tenements, However, the Govt. may issue comprehensive guidelines for deta ‘of occupiers and {tenants therefn. fi, The list of occupants and the are occupied by each of thom in municipal buildings ‘and their irevootble written eonsents shall bs certified by the MCGM. The list of ‘ceupants in other buildings excluding slows and the area oocupied by each of ‘them and (heir irrevocable writen consents as specified in clause 4(4) shall be cerlfied by the Marnbai Building Repair & Reconstruction Boatd, ili, Mezzanine floors constructed prior to 13/06/1996 and regularized subsequently shall be eligible for rehabilitation and incentive FSI, (B) For Slum Areas: 4. All the protected Oceupiers os defined in Chapter 12 oF Maharoshten Slum Areas (provement, Clearsuce and Redevelopment) Act 1971 and orders issued thereunder, ii, A structure shall mean all the dveing areas of all persons who are enumerated as living in one numberec house in the cloctorl oll ofthe latest date, upto Ist January 2000 ‘or such other reference date Notified by the Govt, and regardless of the number of petsons, or location of rooms or acces. ii, The eligibility of the paticipants will be cextied by the Competent Anthoriuss as notified under thie: Maharasitea Slum Areas (Improvement, Clearance. and Redevelopment) Act, 1971 3.Land Pooling for the URS: “The Promofer of URS shail try to pool ands belonging to various entegories of Jandholders including 2ublic lands by obtaining their consent fr including thei lands in the proposed URS, by resorting to any ofthe following methods of land pooling 5‘The land under URS, inespective of the tenure of the plots comprised therein, shall bo —"teated as one plot forthe purpose FSI and computation of marginal distances, 2 In specific cases where URS is not bounded by roads, nallas and Railway ines, the boundary of the Cluster may be decided by the Municipal Commissioner, 1.2. The Urban Renewal Chuster- may consist of a mix of structures of different charactesities such as — (@ Cessed buildings in Island City, which altact the provisions of MHAD Act, 1996, Gi) (@) Buildings atleast 30 yours of age and acquied by MHADA undes: MHAD Act, 1976, () Aathorised buildings atleast 30 years of age Fixplanalion. Age ofa building shall be as on the 1 st of January ofthe year in “hich redevelopment proposal forthe URC complete in all respects, is submitted to the Commissioner and shall be celeulated from the date of occupation cetfiete ot where such oecupation cetificate is not available, from the frst date of assessment as per the Dropenty tx record in respect of such building, zailable with the Municipal Corporation Gi) (@) Buildings belonging to the Cental Government the State Government, Semi- Government Organisations and the Municipal Corporation of Greater Mumbai (CGM), as well a5 institutional buildings, office buildings, tenanted raunicipel buildings and buildings constructed by MHADA, that ae at east 30 years of age, (W) Any land belonging to the Stato Government, any semi-Government COrpanisation, MCGM and MHADA (ether vacant or built upon) whieh falls within the cea of the proposed Urban Renewal Scheme including ‘that whieh has been given on lease or granted on the tome of Occupant Clas I. Provided that in caso of buildings or lands belonging to the Central Govt, the State Government, Semi-Government Or ind MCGM or MHADA, prior consent of the concemed Department shall have to be obtained for including veh buildings or lands in any proposal of Urban Renewal Scheme, Gv) Othor buildings which by reasons of die-repair or because of structural / sanitary defects, are vnfit for human hebiteion or by rearsns of their bad configutation of the narrowness of steets are dangerous or injurious to the health or sefety ofthe inhabitants ofthe acea, 28 certified by the Officer or the ‘Ageney designated for this purpose by MITADA / MCGM or Mumbai Rep & Reconstruction Board. (Shum areas declared as slums under section 4 of Mehaashira Stum Areas (Oruprovement, Clearance and Redevelopment) Act, 1971 or slums on Public ascmeputt (Accompaniment to Notification No, TPB 431S/CR- 185/2013/UD-11 dated 91972014) ‘The existing Regulation 33(9) of the suid Regulation be substituted by the following new Regulation-- 33(9) : Reeonstruetion or redevelopment of Clusters) of Buildings under Urban ‘Renewal Schene(s) For reconstruction or redevelopment of Custens) of buildings undee Urban Renewal Scheme() in the Tsland City of Mambel undetaken by (a) the Maharasica Housing & ‘ea Development Authority (MIJADA) or the Manipal Corporation of Gr. Mumbai (CGM) either departmeately or through any suitable ageney or &) MHADAIMCOM, jointy with Inad owners andlor Co-op. Housing Societies of tenants / accupirs of buildings and or Co-op. Housing Society of hutment dwellers therein, or (c) land covncrs andlor Co-op. Housing Society of tenants / occupiers of buildings and / or Co- ‘9p Housing, Society of hulment dwellers, independently cr though & Prometer 7 Developer, the FSI shall be 4.00 or the PSI reqited for rehabilitation af existing tenants 1 occupiers plus incentive FSI as per the provisions of AppondicllI-A, whichever is Append llia, Regulation for Reconstruction or Redevelopment of Cluster) of buildings by implementing Urban Renewal Scheme(s). Lt Urban Renewal. Scheme” (URS) meons any heme for redevelopment ofa cluster ‘of buildings and structures over a minimum area of 4000 sq. mi in the Island Cty of Mumbai, bounded by existing distinguishing physi boundaries such s roads, nales, tala lines ete, and accessible by an existing or proposed D.P. road which i atleast 1B mt. wide--whether existing or proposed in the D.P. or URP or a zond for which Regular ine of street hts been notified by the Municipal Corporation under Mumbai ‘Moniipal Corporation Act, 1888, Such cluster of buildings Quereinatterrefoced to as ” Urban Renewal Cluster or URC *) shall be a cluster or a group of clusters Sentfied for urban renewal =~ 1) Under the Development Plan (DP), where the DP contains such well defined Clusters, or 2) Under the Urban Renewal Plan (URP) for the concemed area, prepared and sotiffed by the Commissioner, who may rovie the same ae and when required oF 5) By tho Promoter of the Urban Renewal Scheme, where sch clits ae not show on the DP andthe URP is yet to be prepared. Provided that no cluster or clusters shall be identified for redevelopment of ‘nnplementation of Urban Renewal Scheme by the Municipal Commissioner without comying oi an Impact Assessment Study regarding the impact onthe ety nd sestor level inftastactore. and amenitics as well as trafic and environment of the inplementntion af IRS on sinh citer or asters.‘And whetess, the Govt, in exercise of the powers conferced under sub- section (1AA) of section 37, issued the Notice of even no, dated 27° Deoember 3013 for inviting suggestions/objections from the general public with regard to ‘he modification proposed in the Schedule appended (othe said Notice(hereinafter referred to a5 “the proposed modification”) and appointed Deputy Director of ‘Town Planning, Bribanmumbat as the Officer (hereinafter refereed to as “the sald Officer") to submit # report on the suggestionsiobjections received in respect of the proposed miodification to the Gow. ater giving hearing to the coneemed persons and the said Corporation, ‘And whereas, the said notice was published in the Maharashtra Government Garette (Extea Ordinary Part-l, Konkan Division Supplementary ) (hereinafter refested to as "the Official Gazette”) st. 30" December 2013 and the said Offiect hhas submitted his report after compioting legel procedure through the Director of ‘Town Planiting, Maharashtra State vide letter No.466. dt, 19.4.2014; ‘And wherees, after considering the roport of the Seid Officer, the suggestions objections received from the gener public andthe say ofthe sid Corporation and afler consulting the Director of Town Planning, Maharashtra State, the Government is of the opinion thatthe propased modification is required tobe sanctioned, with some changes; ‘Now thezefore, in exercise of the powers conferred upon it SICA) of the said Act, the Goverment hereby: {A) Sanotions the proposed modification to Regulation 33(9) of the sid Regulations with certain changes as described mare specifically jn the Schedule. appended listoto, subject to che condition that until the final frders of the Hon'ble High Court in PUL, No61/2014, the PSL ‘pamissible to any Urban Renewal Scheine (URS) shall not exceed thet which would have been available to such Scheme (URS) under the provisions of Regulation 33@) in foree peor to this modification. bb) Finoe the date of publication of this Notiestion in the Offical Grzette as tho date of coming, into force of this modification, which Shall be subject tothe order of Hon'ble High Cousin the said PIL No. e104. ©) Direois the said Corporation tha, in the Schedule of Modifications fenctioning the said Regolatious, after the lest entry, the Schedule referred 10 at (A) above shall be added. nder caction ionis Notification shall also be available on the Govt, of Maharashtra ‘website : wonw.mahatashtra.gov.in ‘By order and in the name of Governor of Maharashtra, & (Sanjay Baio) Under Seeretary to Government:Maharashtra Regional & Towa Planing ‘Act, 1966, Sanetioned Modification to Regulation 330) of Development Control [Regiations for Gr. Mumbai 1991 under Seetion BIGAA) GOVERNMENT OF MAHARASHTRA, Urban Development Department, ‘Mantealaya, Mumnabi 400 032, Dated : 9" September 2014 EL No. TPB 4313/0R- 185/2013/0D-11: ‘Whereas the Development Control Regulations for Greater Mumbai, 1991 (bereinafler referred to as “the snid Regulations or tho DCR ”) have been sanctioned by the Goverment in the Urban Development Department, under section 31()) of the Maharashtra Regional and Town Planning Act, 1966 hereinafter referred to as “the said Act”) vide Notification No. DCR J090/RDPND-11 dated 20” February, 1991 s0 8s to eome into force with effect from 25" March, 1991, ‘And wherens, the Regulation 33(9) of the said Regulations deals with reconstruction or redevelopment of Cessed buildings / Urban Renewal Schemes on extonsive areas inthe Island City of Mamba. ‘And whereas, the Govt. in the Ucban Development Department vide Notification No. TPB4307/2346/CR-106/2008/UD-I1 Dated 2nd March 2009 has substituted the said Reguiation (35(9) by a now Regulation 330), adding “Appendixl¥A under tho said new Regulation 3249) s0 a8 to allow redeyslopment in te Isiand City of the Mumbai over clusters, each of which has a minimum area, of 4000 sq.ntrs., bounded by existing distinguishing physical boundaries such as roads, nallas, railway lines etc, and which consists of a mix of steuctures of ‘different charactecisties as provided inthe soid Appendiv-Ill A. ‘And whereas, the Govt. in te Urban Development Depsrtment vide Govt Resolution No, TPR-4312/CR-35/2012/UD-11, dated. 10/09/2012 has constituted a Study Group (hereinafter referred {0 as “the said Study Group”) to study all the sub-Regulotions under Regulation 33 of the DCR. - and make suitable recommendations for theit effective implementation; ‘And whereas, the said Study Group, after deliberations submitted its Roport on Regulation 33(9) of the DCR,-as Part-2 ofthe Report of the said Study Group, alongwith draft modification necessary inthe said Regulation 33(9); ‘And whereas, the Govt, accepted most of recommendations made in the said Roport ofthe said Study Group end is satisfied that in the public interest tis necessary to avcuudingly outty out urgently a suitable modification to die existing ‘Regulation 33(9)HERE, wefine = sry ya aiff, t358 ‘ae fenre Fram Premera, ogee wa Sart 38@) We wa ge(tete) ct one aE Seed area, org ARE see frre fewer ‘oe fll aR / aR, Rely BORE Pate THAI, HE ¥00 Ot, Rests — ¢-areaz, Rot, sore fata: whore afer enero are roan fin severe en _ Rermferer amget, goxfad were, Yk 8) ART, EET, WERT TG, Beatie, sear sae, sere, Te ra fry, aie, fae, CO wae, AR Te, a, Gar keke, atm art, 9) er atv Ruby, ealad were, se, 2S Sree, arate real gore, wet, ak. 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