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, phasewise 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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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. viii.

finalise the permissible rehab area 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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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-cooperating 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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