MUNICIPAL CORPORATION OF GREATER MUMBAI

Note on procedural guidelines for processing proposals received under

modified Reg 33(9).
Preamble:
The State Govt in UDD have by the notification under No. TPB
4307/2346/CR-106/2008 /UD-11 Dated 2nd March, 2009 sanctioned the
modified Regulation No. 33(9) along with Appendix IIIA as provided under
Section 37(2) of MR&TP Act. The modified Regulation 33(9) is reproduced
below:
33(9) : Reconstruction or redevelopment of cessed buildings / Urban
Renewal Schemes on extensive area:
For reconstruction or redevelopment of cessed buildings / Urban
Renewal Schemes in Island City, undertaken by (a) the Maharashtra
Housing & Area Development Authority or Municipal Corporation of Gr.
Mumbai either departmentally or through any suitable agency or
(b)MHADA/MCGM jointly with land owners and/or Co-op. Housing
Societies of tenants / occupiers of buildings or Developer or
Co-op. Housing Society of hutment dwellers therein, (c) Independently
by land owners and/or Co-op. Housing Societies of tenants / occupiers
of buildings or Developer, the FSI shall be 4.00 or the FSI required for
rehabilitation of existing tenants / occupiers plus incentive FSI as given
in Appendix-III-A, whichever is more.
The modified Regulation no. 33(9) has been incorporated to promote
redevelopment of old dilapidated buildings in Island city through cluster
approach. The Regulation encourages redevelopment through Joint venture in
which MHADA along with tenants, landlords and private developers would be
able to come together for redeveloping the entire cluster instead of
redevelopment of the area in a piece meal manner.
The clause 18 of Appendix III-A stipulates that a High Power Committee
(HPC) will be constituted which will approve the schemes with the previous
sanction of the Govt. under DCR 33(9). On approval by this High Power
Committee, the proposal is required to be submitted to MCGM for approval of
plans. The Govt. will have the powers for any relaxations/modifications in the
rules. This clause also envisages that separate guidelines will be issued by the
Govt for the HPC.
The State Govt in the UDD have by the Order Under No. TPB
4307/2346/CR-106/2008 /Part 2/UD-11 Dated 2nd March, 2009 defined the
constitution, duties and responsibilities of the HPC. The aforesaid order also

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stipulates the procedure to be adopted for processing the Urban renewal
Proposals.
The High power committee is deemed to have come into existence from
the date of publication of the aforesaid govt order. The HPC is therefore required
to process all Urban Renewal proposals received by the committee on the basis
of the Regulation and the broad procedural guidelines set out in the govt order.
The Govt order has also indicated that the HPC may formulate appropriate
procedures at their end to effectively carry out the duties and responsibilities
imposed on the Committee by the Govt order.
For the efficient functioning of the committee, it is therefore necessary to
separately formulate detailed procedural guidelines, that is proposed to be
adopted by the HPC for processing the Urban renewal proposal, on the basis of
the duties and responsibility envisaged in the Regulation as well as the Govt
Order dated 2/3/09. The detailed guidelines are proposed to in order to stream
line the modalities of submission of the proposals and to expedite decision
making process.
Procedural Guidelines:
The procedural guidelines for processing of the proposals are enumerated
below:
1. The Developer/ Implementing Agency is required to submit twenty
sets of documents in the office of Dir (ES&P) MCGM, related to the
Urban renewal proposal showing all the information the tabular form
as indicated in the typical prescribed format available with the office
of Dy.Ch.E.B.P.(City). The details shall include the following :-
i. The details of the individual lands proposed under the cluster
(area, C.S. No. division, P.R. cards, True extract, D.P. remarks,
traffic remarks etc)
ii. Statements showing details of the existing conditions under
cluster indicating therein
a) Total area proposed under cluster redevelopment, the
different C.S. No. and their plot area covered under the
scheme.
b) D.P.reservations if any, with in the cluster area and their
status.
c) details of the eligible buildings proposed to be redeveloped
with Cs nos; no of eligible tenants/ occupants in the
buildings; area occupied by tenants/ occupant in these
bldgs, approx rehab built up area etc

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 d) area of land under slum; status of slum; No. of occupants,
% of slum area as compared to total area etc
e) Area of land belonging to MHADA, MCGM or any Govt
Organisation, Status of the bldgs on these lands and date
of construction, total built up area of these bldgs, details of
permission obtained if any.
f) Details of any other bldgs erected after 30/9/69 fulfilling
criteria mentioned in clause 1.1 of Reg 33(9)
g) ownership details, details of consent in the form of
development rights obtained from the different land
owners, details of the area of lands for which consent from
land owners is received, proof of such consents, phasewise
coverage if any, etc.
iii. Statements showing details of the proposed redevelopment
which should include
a) Total no. of bldgs proposed, the total built up area based
on their users, the no of storeys proposed for each
building, the no. of residential tenements, the no of
commercial units, the proposed tenement density, phase-
wise implementation if any, etc.
b) Details of infrastructure facilities required including water
supply, sewerage disposal, storm water drainage, electric
supply requirements etc and the infrastructure facilities
proposed.
c) The details of roads and reservations proposed to be
provided, any other public amenity, details of open spaces
provided.
iv. A plan showing the entire area under cluster, the ownership
details of the land covered under cluster along with the details
of the existing infrastructure, the details of existing roads, the
existing physical boundaries, D.P. reservations, details of
existing eligible buildings proposed to be redeveloped and
details of phasewise coverage if any.
v. A layout plan shall also be submitted showing the details of the
proposed redevelopment along with the details of roads and
reservations proposed to be provided, any other public amenity,
open spaces, details of the infrastructure facility proposed,
details of the buildings proposed under the project and their
phase-wise implementation if any, etc.

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 2. (a) The Dy Ch.E. (BP) city shall be the nodal officer for all coordination
works and shall assist the Member Secretary in compiling the
required data/ information, preparation of briefs, project
report, minutes, agenda as well as organizing the meetings of
the HPC.
2. (b) A special Cell shall be constituted under Dy.Ch.E.B.P.(City) for
the purpose of scrutiny of proposals received under Reg. 33(9)
which shall include one Assistant Engineer (B.P.), one
A.E.(D.P.), Two Sub Engineers (B.P.), One Sub Engineer
(D.P.), One Draftsman, One H.C. from B.P. Section, one clerk.
The staff shall be selected from the existing staff & shall also
carry out the work of scrutiny of Urban Renewal Scheme
received by H.P.C. in addition to the routine work. The
Technical report of the scheme shall be prepared by the Cell.
All co-ordination work shall be done by the Cell.
3. On receipt of the documents, the office of Dy Ch.E. (BP) city, on
behalf of Dir(ES&P), shall forward one set of document ot each
member of the HPC. The Dy Ch.E. (BP) city shall also forward one set
each to the Ch.E. (SP), Ch.E. (SWD), HE, Gen Manager BEST,
Ch.E. (Roads and traffic), Dy. Ch.E. (traffic), A.C. of concerned ward
for remarks in respect of adequacy/ need for augmentation of the
existing facility. The remarks are required to be submitted to
Dy Ch.E. (BP) city by all the relevant deptt including MHADA, with in
a period of 15 days from the date of receipt of the set.
4. Dy Ch.E. (BP) city shall also forward one set to D.P. deptt and any
other user deptt / Govt deptt whose land is identified in the cluster
for their remarks.
5. Dy Ch.E. (BP) city shall in consultation with the office of Ch.E.(D.P.)/
Dir(ES&P)/M.C. arrange the HPC meeting on any suitable date
periodically, preferably once every month for taking a decision of the
proposals received before the HPC.
6. The Dy Ch.E. (BP) city shall, after examining the details and after
compiling the remarks received from the different agencies, prepare
technical report with the approval of Ch.E.(D.P.)/Dir.(E.S.&P.) for
circulation of all members alongwith the agenda. The concerned
Developer/ Implementing Agency shall remain present for the
meeting with all the relevant details.

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 7. The Developer shall submit a detailed presentation before the HPC at
the time of scrutiny of the proposal and explain in detail the various
salient feature of the proposed scheme.
8. The HPC shall examine the proposal placed before it during the
meeting and take decision in respect of the following
a) Finalising the boundaries of the cluster after examining the
proposal submitted by the developer / Implementing
agency. The Developer/ Imp. agency shall if directed
modify the boundaries of the cluster and resubmit the
proposal with revised plans/documents/ calculations in the
next meeting.
b) Ascertaining the adequacy of the infrastructural
requirements like Roads, Storm water drainage, water
supply and Sewerage disposal, electric supply, other
essential facilities, open spaces, public amenities etc and if
necessary suggest improvement measures and provisions
in the plan for augmenting the same. The Developer/ Imp.
agency shall if directed modify the proposal with the
changes suggested by the Committee and resubmit the
proposal with revised plans in the next meeting.
c) Fulfillment of criteria of obtaining consent in the form of
development rights of land owners owning atleast 70% of
the area under the cluster and also ascertaining fulfillment
of the criteria of obtaining in the form of development
rights of at least 70% of the owners of the total lands
falling under the cluster. The Developer/ Imp. agency shall
if directed to furnish additional proofs / documents in this
respect then the same shall be complied to the satisfaction
of the committee in the next meeting.
d) Fulfillment of the relevant provisions of Appendix III-A for
in principle approval and if the same is considered
approvable, take a decision to recommend the proposal to
the State govt for granting in principle approval.
9. The Dy Ch.E. (BP) city shall on finalisation of the minutes of the
meeting of meeting & with the approval of
Ch.E.(D.P.)/Dir.(E.S.&P.)/M.C., prepare draft letter to be sent under
signature of Dir.(E.S.&P.), forwarding the recommendation of the
Committee to the State Govt in UDD along with the approved

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 minutes, one set of all documents/ plans etc and seeking the
approval of UDD to the urban renewal proposal.
10. On receipt of approval of the State Govt in UDD to the proposal, the
Dy Ch.E. (BP) city shall with the approval of Ch.E.(D.P.)/
Dir.(E.S.& P.) place the same in the ensuing meeting of the
Committee for in principle approval of the Committee. The HPC shall
accordingly take a decision to grant approval in principle, to the
proposal and take a decision to issue letter of intent with relevant
terms and conditions as may be finalized by the committee.
11. The Letter of Intent shall be issued to the developer/ Implementing
Agency on behalf of the HPC by the Dir(ES&P), MCGM. The letter of
intent issued by HPC shall be valid for a period of one year.
12. The HPC shall, on issuing of letter of intent, take a decision to direct
MHADA not to grant NOC for any piece meal development under
D.C.R. 33(7) in the cluster area which has been declared and also
not to carry out any repairs in the existing old structures with in the
validity period of one year.
13. If the structures are found to be dangerous and dilapidated, then
HPC shall take a decision to empower MHADA to take necessary
action to shift the tenants into transit accommodation wherein the
necessary charges of the transit accommodation would be paid by
the Developer.
14. The HPC shall take a decision to direct the B.P. section of MCGM to
insist on revised NOC from MHADA, in all cases of on going
redevelopment proposals submitted to MCGM where CC has not yet
been issued with in the identified clusters (for which proposals have
been received by the committee), before granting CC to any these
redevelopment proposal.
15. HPC shall take a decision to direct MBR&RB to expeditiously examine
the eligibility of the occupants/ tenants and certify the list of tenants
and verify the consents submitted by the developer/ IP agency. The
Govt shall separately issue guidelines in this respect which shall be
adhered to while certifying the eligibility. The list of occupants falling
in areas under slums shall be separately verified and certified by
concerned Addl Collector Encroachments.
16. The developer/ Implementing Agency shall with in the validity period
of one year, resubmit a concrete proposal (twenty sets), to the HPC
for final approval, after fulfillment of the following compliances:

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 vi. clearance in respect of all the eligible occupants from
MHADA
vii. finalise the permissible rehab area
viii. obtain irrevocable consent letters from 70% of the
occupants of each plot as provided under the clause 3a of
Appendix III A of DCR.
ix. consents in the form of development rights of the
remaining land owners.
17. Dy Ch.E. (BP) city shall on receipt of the concrete proposal with the
approval of Ch.E.(D.P.)/Dir.(E.S.&P.) circulate the same to all
members. The remarks of MHADA shall be separately obtained on
the proposal. The remarks of other utility agencies as well as
concerned deptt shall be obtained. A detailed technical report in
respect of compliance of the relevant provisions of the Appendix III-A
shall be separately circulated to all members before the ensuing
meeting of HPC.
18. The HPC shall take a decision regarding the minimum requirement of
70% consents of occupants of each individual plot on the basis of the
report submitted by MHADA, before approving the scheme.
19. In case of Municipal tenanted buildings if included in the cluster area,
then the details of the tenants / occupants, their eligibility of existing
area, rehab. area etc. shall be got verified from the A.C.(Estates)
/concerned Asstt. Commissioner or the user deptt. as the case may
be. A certificate from the respective deptt. shall be appended to the
proposal giving all these details.
20. The HPC shall after scrutinising the proposal submitted by the
developer and on the basis of the technical report received from Dy
Ch.E. (BP) city with the approval of Ch.E.(D.P.)/Dir.(E.S.&P.) and also
the report of MHADA, take a decision regarding approvability of the
proposal. If the proposal is considered approvable then HPC shall
grant final approval to the same by fixing a time frame for its
completion.
21. In case the developer / implementing Agency is unable to submit a
concrete proposal with in a period of one year from the date of issue
of LOI, the same shall automatically stand cancelled.
22. On receipt of final approval to the proposal, the Developer/ Imp.
agency will be able to submit a regular proposal to MCGM for
necessary approvals.

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 23. The HPC shall regularly monitor each proposal that has been
approved by it in order to ensure its timely completion. It shall be the
responsibility of the HPC to issue necessary directions to the
developer/ Imp. agency to ensure the implementation of all the
required infrastructural facilities as well as D.P. reservations.
24. The HPC shall, whenever felt necessary, also issue necessary
instructions to the concerned deptt to expedite granting of
permissions in respect of sub division / amalgamation, development
permission, permission for relocation of reservations so that the UR
scheme is completed in the specified time frame.
25. The HPC shall suggest appropriate measures as may be required and
as felt necessary to ensure the timely completion of the projects.
26. The HPC shall take a decision in respect of the balance non-co-
operating tenants empowering MHADA / M.B.R.&R.Board to deal with
them under the relevant provision of MHADA Act, if they do not join
the scheme once the scheme is finally approved by HPC.
27. The HPC shall be empowered to take appropriate decision in respect
of changing of the boundaries of the cluster, after examining the
merits of the proposal as per the provisions of Reg 33(9).
28. The HPC shall also monitor the utilization of the funds generated
under the provisions of clause 9 of Appendix III-A and ensure that the
same is utilized for the off site infrastructure around the cluster.
29. The HPC shall also take a decision on the Corpus fund to be created
by recovering requisite amount from the developer as provided under
clause 16 of Appendix IIIA
30. The HPC shall take necessary action in accordance with the directions
received from the Govt from time to time in order to ensure the
successful implementation of the Urban renewal proposals.
31. A scrutiny fee shall be payable as may be fixed by HPC with the due
sanction of Corporation for scrutiny of the proposal which shall be
payable before issue of L.O.I.

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