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SLUM

REDEVELOPMENT
IN MUMBAI

By Sundeep Bikhchandani
The Origin of SRA
The Government of Maharashtra accepted the
recommendations made by the Afzalpurkar Committee in the
December Session of State Legislative Assembly in 1995 and
amended the Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act. 1971 to provide for the creation of
Slum Rehabilitation Authority (SRA) with a Chairperson. a Chief.
Executive Officer and fourteen other members. SRA was
created by the Government Notification dated 16th December
1995 to function with effect from 25th December 1995.
The Chief Minister of Maharashtra is the Chairperson of SRA and
an IAS Officer is full-time Chief Executive Officer of the Authority.
The nine other members include Ministers and Secretaries of
the concerned State Government Departments, The full
composition of the Authority as on today is a given below.
1. Chief Minister, Chairperson.
2. Minister, Housing.
3. Minister of State (UD), Member.
4. Minister of State (Housing), Member.
5. Chief Secretary, Member.
6. Principal Secretary, (UDD) Member.
7. Municipal Commissioner, Member.
8. Principal Secretary, (Housing), Member.
9. Principal Secretary, (L & JD), Member.
10. Chief Executive Officer
SRA's Responsibilities
The powers, duties and functions of the Slum Rehabilitation
Authority are

a. to survey and review existing position regarding Slum areas


in greater Mumbai.
b. to formulate schemes for rehabilitation of slum areas.
c. to get the slum rehabilitation scheme implemented.
d. to do all such other acts and things as may be necessary for
achieving the objective of rehabilitation of slums.
SRA as a Planning Authority
Slum Rehabilitation Authority has been given a status of
corporate entity with effect from 3 January 1997. It is an
independent autonomous body.
By amendment carried out to the Maharashtra Regional & Town
Planning (MR & TP) Act 1966, SRA has been declared as a
planning authority, to function as a local authority for the area
under its jurisdiction.
The Chief Executive Officer, SRA has been delegated the powers
exercisable under sections 44, 45, 46 , 51, 53, 54,55,56,135 and
136 of the MR & TP Act. 1966 by the State Government by its UD
Notification dated 13th September 1996.
By an amendment to the MR & TP Act 1966, SRA has been
empowered under section 37 (1B) to prepare and submit
proposals for modification to the Development Plan of Greater
Mumbai.
Jurisdiction of SRA

As per the parameters given under the slum rehabilitation


schemes SRA can declare any area as slum rehabilitation area
for the rehabilitation of slums. All such slum rehabilitation
areas where slum rehabilitation schemes are proposed and
being implemented, come under the jurisdiction of SRA.
Slum Rehabilitation Scheme

SRA as required under sect. 3 B of Slum Areas (Improvement,


Clearance Redevelopment) Act, 1971 has already prepared a
general slum rehabilitation Theme and finally published in
Government Gazette dated 9th April, 1998, DCR 33(10).
To implement the Slum rehabilitation scheme, certain
modifications were required to be carried out in the
Development Control Regulations for Greater Bombay - 1991.
Accordingly a notice was published and after hearing objections
suggestions the proposal was submitted to Government in
Urban Development for modifications in DCR no.33 (10), 33
(13) & 33(14), Accordingly. after flowing all legal procedures,
the same has been sanctioned by Government by notification
No.DCR-1095/1209/CR-273/95 fUD-1 1 dated 15th October
1997.
SRA office and Its functioning
The office of SRA, headed by Chief Executive Officer, is located in
Grihanirman Bhavan. Bandra (East), Mumbai 400 051.
Its functions are carried out through the following operating
departments
1. Planning & implementation.
2. Building permission and supervision
3. Eligibility certification, eviction of non-participants and declaration
of slum areas and slum rehabilitation areas.
4. Registration of co-operative housing societies.
5. Land management (Demarcation, sub-division of plots and leasing of
slum lands)
6. Community Development.
7. Accounts and Finance.
8. General Administration
S.R.A. PROCEDURE
BRIEF GUIDELINE FOR NEW ENTRANT :
The Slum Rehabilitation Scheme is a self financing scheme in
which the existing eligible slum dwellers are given residential
tenement of 225 sq.ft. carpet area free of cost which is supposed to
be subsidized by the sale area made available in the scheme. The
said scheme was further modified as on 11.06.2008 and the flat
size is to be given to slum dwellers is now increased to 269 sq.ft.
free of cost. The approvals are given by the office of the Slum
Rehabilitation Authority whose office is situated at Griha Nirman
Bhavan, 5th Floor, Bandra (East), Mumbai.
BASICS REQUIREMENTS :
The basic requirement is that the plot should be a declared or
censed slum. The Competent Authority can declare it even today
as per procedure of Slum Act.

Secondly 70% of the eligible existing slum dwellers should have


consented for going ahead with the scheme. The 70% consent
needs to be submitted along with the proposal. Agreements with
individual eligible slum dwellers (70%) are required before CC.

Other documents to be submitted are those about ownership, D.P.


Remarks, P.R. Cards etc. as required for regular bldg. proposal, in
addition, the following documents are also required to be
submitted.
1. Annexure – 1 :
Ann.1. as per the prescribed format is the working of the rehab
and sale areas in the schemes, First the no. of rehab tenements
required to be constructed at site is decided on basis of
minimum tenement density of 500 T/s/Ha on net plot (after
deducting ay reservation actually provided). If the minimum
no. of tenements required is more than the existing eligible
slum tenements on site then the additional tenements need to
be handed over to the SRA as PAP tenements. When the no. of
existing eligible slum tenements are more than the min.
required then no PAP tenements need to be proposed. In
rehab bldg. the area of common passage upto 2 mt. width is
granted free of FSI.
It is also required to propose on Balwadi and on welfare centre
each of 225/269 sq.ft. carpet area at the rate of of one balwadi
and one welfare centre each of 225/269 sq.ft carpet area at the
rate of one per every 100 T/s. or part thereof. One society
office needs to be proposed along with Balwadi and welfare
centre etc. The sale BUA permissible in the scheme is in the
ratio of 1:1 with respect to rehab component in suburbs and
the ratio of rehab component to sale BUA is 1:0.75 in city
wards and 1:1.33 in Dharavi area. Thus the total area
permissible in the scheme is total of BUA for FSI for rehab and
BUA sale. If the said total is within 2.5/3 FSI of net plot then
entire sale area can be used in situ. In case the same is more
than 2.5/3 then the sale BUA equivalent to the developer in
form of TDR. 10% balcony and staircase + lift + passage is
allowed free of FSI in the sale component.
2. Annexure – II :
Ann. II is the list of eligible tenants on site. The list has to be
filled as per the prescribed format along with the proposal.
The same is forwarded to the dy. Collector (SRA) who in turns
towards the same to land owning authority for public lands
and Addl. Collector (Enc) fofr private lands for verification and
confirmation of eligible slum dwellers. The basic requirement
is that the name of the slum dwellers has to be in the voter’s
list prior to 1/1/1995.
3. Annexure – III :
Ann. III is required so as to help the S.R.A to scrutinize the
financial capacity of the developer. In case of established
builders it is enough to give list of completed and current
project along with Income Tax Returns and Balance Sheet of
the previous 3 years. In case of new builder he is required to
produce a bank balance statement showing a minimum
balance of 20% of the total cost for construction of rehab
component. The Ann. III as per prescribed format is to be
submitted along with the proposal, which is scrutinized by the
office of the Financial Controller (SRA)
Area of Tenements :
The residential rehab tenement is required to be proposed of
225/269 sq.ft. carpet area each. The commercial tenements are
required to be proposed of actual existing area upto maximum of
225/269 sq.ft. carpet. Any area over and above commercial
tenements will have to be accounted in sale area. In rehab
tenements, area more than 225/269 sq.ft. carpet is not permitted.
Reservations :
In case the plot is affected by unbuildable reservation of PG, RG
etc. then 33% of the reservation area is required to provided and
subsequently handed over to the component authority free of cost
.However, the area of the said 33% reservation is t be considered
in plot area for calculation of 2.5 FSI. As school it is required to
construct and hand over School building for 500 students in case
of primary school reservation and for 800 students in case of
secondary school reservation. As regards other buildable
reservations it is required to construct and hand over built up
reservation of area equivalent to 15% of the Plot area or 25% of
the area of reservation in that plot whichever is minimum.
Open Spaces :
For rehab building open space requirement is relaxed upto
1.5mt.on side and rear and 3.00 mt. in front. For sale building
adequate open spaces as per DCR need to be proposed. However
in case of difficulty deficiency up to 40-50% is generally permitted
(as is done by MCGM In TDR cases) by charging premium which is
at the rate of 10% of that charged in bldg. proposal. All relaxations
of rehab bldg are extended to composite bldgs. i.e. Bldgs in which
rehab area is more than 50% of total area of the said bldg.
Physical provision of Recreation Ground :
Relaxation is granted for providing physical RG up to 8% in Slum
Rehabilitation Schemes. As regards 15% RG deduction in cases
where rehab + PAP tenements are proposed at the rate of 500
T/s/HA then 15% RG need not be deducted for FSI calculation
purpose.

Road Area :
Under S.R.A. Schemes it is permissible to use 100% Road area and
there is no need to restrict the road area to 40% of net plot area.
Approval of Scheme :
On submission of the scheme, the same is scrutinized and Letter of
Intent (LOI) is issued which shows all the approved parameters of
the scheme and the various conditions. As per prevailing policy it
is necessary to display the approved Annexure – II at site for a
period of on month so that objections if any can be raised by the
slum dwellers. The layout (if necessary) is then approved and
intimation of Approval (IOA) is issued. The Commencement
Certificate (CC) for rehab and sale are so approved that the
proportion of rehab and sale is always maintained.
Payments :
In addition to regular payments towards scrutiny fee, IOA requires
layout deposits, MRTP charges (for sale area only) etc. the following
additional payment are required to be paid in stages.

Maintenance deposit at the rate of Rs. 20,000/- per rehab and PAP
tenement.
Infrastructure Development charges at the rate of 840/- per sq.mt. for
area over and above the normal permissible FSI in the zone.
New Scheme
As per Order no.TPB 4308/1270/CR-175/08/UD11 dated 11th
June 2008 issued by Government of Maharashtra, Urban
Development Department “the Govt. of Maharashtra vide
Notification of even No. dated 16/4/08, directed the said
Authority to initiate modification in Regulation 33(10), as so to
increase the carpet area of residential tenement from 20.90 sq.mt.
to 25 sq.mt. and also increase the in-situ FSI for Slum
Rehabilitation Scheme from 2.5 to 3.00 and from 3.00 to 4.00. Also
the said modification are brought into effect forthwith under
section 154 of the said Act.
(Accompaniment of Government Order No.TPB 4308/1270/CR-
175/08/UD-11 dated 11th June, 2008)
Following new Sub-Regulation No.10.1(A) shall be added after
Sub-Regulation No.10.1 in Appendix-IV of Regulation 33(10).
“In the case of Slum Redevelopment Scheme in progress, and such
scheme where LOI has been issued if full occupation permission
has not been granted, then owner/developer/Co-op. Housing
Societies of hutment/Pavement dwellers/ Public Authority/ Non
Govt. Organization may convert the proposal within one year from
the date of this notification in accordance with the modified
regulations only regarding else of tenements and loading of FSI, in
situ”.
As per the Government Notification No. DCR 1095/1209/CR-
273/95/UD-11 dated 30.11.02, following provisio shall be added
in Clause No. 8.1 in the schedule appended to Government’s
Schedule under Order No. TPB 4308/577/CR-96/08/UD-11 dated
10th April 2008.
“However, if number of rehab tenements exceeds 100 then for
every 100 rehab tenements such additional society office shall be
constructed.
Other, social infrastructure like school, dispensary, gymnasium run
by Public Authority or Charitable Trust that existed prior to the
redevelopment shall be allowed without increase in existing area.”
‘2.50’ shall be modified and replaced by ‘3.00’ in Regulation 7.8 of
Appendix IV of Regulation 33(10).
Ownership :
Ownership and Term of Lease – The part of Government / MCGM /
MHADA land on which the rehabilitation component of the Slum
Rehabilitation Scheme will be constructed shall be leased to the Co-
operative Housing Society of the slum-dwellers on 30 years lease at
the lease rent of Rs.1001 for 4000 sq.mt of land or part thereof and
renewable for a further period of 30 years. The same conditions shall
prevail for the land under the free sale component and the land shall
be leased directly to the Society/Association of the purchasers in the
free sale component and not through the society of hutment dwellers,
and pending the formation of the Society/Association of the
purchasers in the free sale component, it shall be leased to the
Developer. The said lease deed shall be executed within 60 days from
the date of building permission being issued and in case of
Government land 25% premium as per Ready Reckoner Rate will
have to be paid by the Developer.
Restriction on Transfer of Tenements:
The tenement obtained under this scheme cannot be
sold/leased/assigned or transferred 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 Slum Rehabilitation Authority.
Temporary Transit Camps :
The temporary transit camp shall be provided on or close to the
site itself, and if need be on the area of statutory open space to be
left in accordance with D.C. Regulation No.23 on the plot.
On the slum site itself approved for rehabilitation, multi-storied
temporary transit tenement may be allowed to be constructed the
area of the said unit will be 225/269 sq.ft. carpet as per the
scheme approved.
The area of temporary transit tenements shall be excluded from
the computation of FSI, but the safety of the structure shall be
ensured.
Such building permission shall be given within 15 days from the
date of application and after approval to the project by Slum
Rehabilitation Authority, failing which it shall be deemed to be
given.
If a site reserved in Development Plan for any buildable public
purpose is vacant or partly encumbered, or it happens to be the
unused portion of cemetery or other such public purpose for
which it is reserved, or is occupied by a public purpose for which it
is reserved, or is occupied by a public building such as market or
library etc. at ground level, temporary construction of transit
tenements in such sites and on top of such existing public
buildings may be allowed wherever possible.
Payment to be made to SRA and Installments:
An amount of Rs.20,000 or such an amount as may be decided by
the Government 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 Chief Executive Office,
Slum Rehabilitation Authority. However, by the time of completion
of construction for occupation of tenements by the hutment
dwellers, the total amount at the rate of Rs.20,000 per tenement
completed should have been deposited in full. The building
permission for the last 25 percent of the freesale component
would be given only after all the required amount is deposited in
full with Slum Rehabilitation Authority.
An amount of Rs.840 per sq.mt. [or Rs.560 per sq.mt. for the localities
mentioned in sub regulations 3.4 in the Appendix-IV] shall be paid by
the Owner/ Developer/Society/NGO for the built-up area over and
above the normally permissible FSI, for the rehabilitation and free
sale components. Similarly, it shall be paid for the built-up area over
and above the normally permissible FSI for construction of transit
camps in accordance with the provisions under DCR 33(14). This
amount shall be paid to the Slum Rehabilitation Authority in
accordance with the time schedule for such payment as may be laid
down by the Chief Executive Offer, Slum Rehabilitation Authority,
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.
[provided that out of Rs.560/- per sq.mt. Infrastructural charges,
90% amount will go to BMC & 10% amount will remain with SRA]
CONVERSION OF OLD PROJECTS INTO NEW PROJECT

Wherever there is an application for conversion of the old project


of slum redevelopment into the new, it shall be considered only if
the full occupation certificate has not been given and provided the
conditions relating to [the payment of Rs.20,000 per tenement and
Rs.840 per sq.mt. for the required built up area] [the payment as
specified in clause 9] are complied with, and subject to such other
conditions as may be imposed by the Chief Executive officer.
Not with standing anything contained above, for a period of one
year from the date of coming into force of these Regulations, there
shall be an option to the Owners/Developers/Co-op. Societies of
hutment dwellers/NGOs to seek modification in their Slum
Redevelopment Schemes, already approved by the Committee
appointed under Clause 18 of Appendix IV to the DCR 1991, for
Greater Mumbai, within a total sanction of 2.5 FSI which CEO, SRA
may approve subject to the condition that an amount of Rs.840 per
sq.mt. shall be paid by the Owner/Developer/NGO/Society for the
built up area additionally granted while enhancing the FSI and
further subject to any other additional terms and conditions as
may be imposed by the CEO, SRA]
POWERS OF CEO
SRA UNDER MRTP
ACT
Sections of Maharashtra Regional & Town Planning (MR & TP) Act 1966:-

Section Name Description


No
44 Application for Any person not being Central or State
permission for Government or Local Authority intending to
development carry out any development on any land shall
make an application in writing to Planning
Authority for permission
45 Grant or Refusal of On receipt of application under sec 44,
permission Planning Authority may
a) Grant the permission, unconditionally
b) Grant the permission, subject to such
general or special conditions as it may
impose with the previous approval of State
Government
c) Refuse the permission
Section Name Description
No
46 Provisions of The Planning Authority in considering
Development plan to application for permission shall have due
be considered regard to the provision of any draft or final
before granting plan or sanctioned under this act
permission
51 Power to revocation The Planning Authority with regards to
and modification of Development Plan may revoke or modify the
permission to permission to such extent, after giving the
development person an opportunity of being heard against
such revocation or modification
Section Name Description
No
52 (1) Penalty for Any person undertakes or carries out development
unauthorized or institutes or changes the use of land without
development or for permission or not in accordance with permission
use otherwise than in granted or after the permission of development
conformity with have been duly revoked or in contravention to any
development plan permission shall be punished.

53 Power to require Where any development of land has been carried


removal of out as indicated in sub-section (1) of section 52,
unauthorized the Planning Authority may, serve on the owner a
development notice requiring him, within subject to the
provisions of this section, such period, being not
less than one month, as may be specified, therein
after the service or the notice, to take such steps
as may be specified in the notice
Section Name Description
No
54 Power to stop Where any development of land as indicated in
unauthorized sub-section (1) of section 52 is being carried out
development but has not been completed, the Planning
Authority may serve on the owner and the person
carrying out the development a notice requiring
the development of land to be discontinued from
the time of the service of the notice
Section Name Description
No
55 Removal or Where any person has carried out any development of a
discontinuance of temporary nature unauthorized as indicated in sub-
unauthorized temporary section (1) of section 52, the Planning Authority may by
development summarily an order in writing direct that person to remove any
structure or work erected, or discontinue the use of land
made, unauthorized as aforesaid, within fifteen days of
the receipt of the order; and if thereafter, the person
does not comply with the order within the said period,
the Planning Authority may request the District
Magistrate or the Commissioner of Police, or authorize
any of its officers or servants, to have such work
summarily removed or such use summarily discontinued
without any notice as directed in the order; and any
development unauthorized made again, shall be
similarly removed or discontinued summarily without
making any order as aforesaid.
Section Name Description
No
56 Power to require If it appears to a Planning Authority that it is
removal of expedient in the interest of proper planning of its
unauthorized areas (including the interest of amenities) having
development or use regard to the Development plan prepared the
Planning Authority may, by notice served on the
owner, (i) require the discontinuance of that use
(ii) impose such conditions as may be specified in
the notice on the continuance thereof
(iii) require such steps, as may be specified in the
notice to be taken for the alteration or removal of
any buildings or works, as the case may be within
such period, being not less than one month, as
may be, specified therein, after the service of the
notice
Section Name Description
No
135 Power of Entry The Director of Town Planning or any officer
authorized by him, the Town Planning Officer of any
Regional Board or Planning Authority, the
Arbitrator, or any person authorized by the State
Government, Regional Board, Planning Authority,
Development Authority or Arbitrator may enter
into or upon any land or building with or without
assistants or workmen for the purpose of the
preparation of a plan or scheme under this Act.
136 Service of Notice etc. All documents including notices and orders
required by this Act or any rule or regulation
made thereunder to be served upon any person
shall save as otherwise provided in this Act or rule
or regulations, be deemed to be duly served
Section Name Description
No
37 (1B) Modifications of Final Anything contained in sub-section (1), if the Slum
Development Plan Rehabilitation authority appointed under section 3A of
the Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971 is satisfied that a
modification of any part of, or any proposal made in, a
final Development plan is required to be made for
implementation of the Slum Rehabilitation Scheme
declared under the said Act, then, it may publish a notice
in the Official Gazette, and in such other manner as may
be determined by it, inviting objections and suggestions
from any person with respect to the proposed
modification not later than one month from the date of
such notice; and shall also serve notice on all persons
affected by the proposed modification, and after giving a
hearing to any such persons, submit the proposed
modification (with amendments, if any), to the State
Government to sanction.
Sect. 3 B of Slum Areas (Improvement, Clearance Redevelopment) Act, 1971

1. The State Government, or the Slum Rehabilitation Authority


concerned with the previous sanction of the State Government, shall,
prepare a general Slum Rehabilitation Scheme for the areas
specified under subsection (1) of section 3A, For Rehabilitation of
slums and hutment colonies in such areas

2. The General Slum Rehabilitation Scheme prepared under sub-section


(1) shall be published in the Official Gazette, by the State
Government or the concerned Slum Rehabilitation Authority, as the
case may be, as the Provisional Slum Rehabilitation Scheme for the
area specified under section 3A (1), for the information of general
public, inviting objections and suggestions, giving reasonable period
of not less than thirty- days, for submission of objections and
suggestions, if any, in respect of the said Scheme..
3. The Chief Executive Officer of the Slum Rehabilitation Authority
shall consider the objection & suggestions, if any, received within
the specified period in respect of the said Provisional Scheme
and after considering the same, and after carrying out such
modifications as deemed fit or necessary, finally publish the said
scheme, with the approval of the State Government or, as the
case may be, the Slum Rehabilitation Authority in the Official
Gazette, as the Slum Rehabilitation Scheme.
4. The Slum Rehabilitation Scheme so notified under sub-section
(3) shall, generally lay down the parameters for declaration of
any area as the slum rehabilitation area and indicate the manner
in which rehabilitation of the area declared as the slum
rehabilitation area shall be carried out. In particular, it shall
provide for all or any of the following matters, that is to say,-
3. The Chief Executive Officer of the Slum Rehabilitation Authority
shall consider the objection & suggestions, if any, received within
the specified period in respect of the said Provisional Scheme
and after considering the same, and after carrying out such
modifications as deemed fit or necessary, finally publish the said
scheme, with the approval of the State Government or, as the
case may be, the Slum Rehabilitation Authority in the Official
Gazette, as the Slum Rehabilitation Scheme.
4. The Slum Rehabilitation Scheme so notified under sub-section
(3) shall, generally lay down the parameters for declaration of
any area as the slum rehabilitation area and indicate the manner
in which rehabilitation of the area declared as the slum
rehabilitation area shall be carried out. In particular, it shall
provide for all or any of the following matters, that is to say,-
a) the parameters or guidelines for declaration of an area as the
slum rehabilitation area;
b) basic and essential parameters of development of slum
rehabilitation area under the Slum Rehabilitation Scheme;
c) provision for obligatory participation of the landholders and
occupants of the area declared as the slum rehabilitation area
under the Slum Rehabilitation Scheme in the implementation of
the Scheme;
d) provision relating to transit accommodation pending
development of the slum rehabilitation area and allotment of
tenements on development to the occupants of such area, free of
cost.
d) scheme for development of the slum rehabilitation areas under
the Slum Rehabilitation Scheme by the landholders and
occupants by themselves or through a developer and the terms
and conditions of such development; and the option available to
the Slum Rehabilitation Authority for taking up such
development in the event of non-participation of the landholders
or occupants;
e) provision regarding sanction of Floor Space Index and transfer of
development rights; if any, to be made available to the developer
for development of the slum rehabilitation area under the Slum
Rehabilitation Scheme;
f) provision regarding non-transferable nature of tenements for a
certain period, etc.
Sect. 3 K –Power of State Government to issue directions :

The State Government may issue to the Slum Rehabilitation Authority such
general or special directions as to policy as it may thing necessary or
expedient of carrying out the purposes of this Act and the Slum
Rehabilitation Authority shall be bound to follow and act upon such
directions.
(a) without prejudice to the generality of the foregoing provision, if the
State Government is of opinion that the execution of any resolution or order
of the Authority is in contravention of or in excess of, the powers conferred
by or under this Act or any other law for the time being in force, or is likely
to lead to abuse or misuse of or to cause waste of the Fund of the Authority,
the State Government may, in the public interest, by order in writing,
suspend the execution of such resolution or order. A copy of such order
shall be end forthwith the State Government to the Authority and its Chief
Executive Officer.
(b) On receipt of the order sent as aforesaid, the Authority shall be bound to
follow and act upon such order.
4. The approvals are given by the office of the Slum Rehabilitation
Authority whose office is situated at Administrative Building,
Anant Kanekar Marg, Bandra East Skywalk, Bandra (E),
Mumbai 400051.
5. Censused shall mean those slums located on lands
belonging to Government, any undertaking of Government,
or Brihan Mumbai Municipal 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.
6. The declared slums were areas which have been formally
declared as slum by the respective municipalities, corporations,
local bodies or the development authorities.
SRA PROCEDURE
INITIAL STAGE
All slum dwellers residing on the plot prior to 1/1/1995
and are in use of the structure are eligible for
rehabilitation.
1. At least 70% of the slum dwellers in a slum unite under a
slum dwellers co-operative housing society.
2. They appoint a chief promoter. Collect share capital of Rs.
50/- per member and Re. 1/- as entrance fee. This is then
deposited in the name of the proposed housing society in
the Mumbai district central co-operative/ Maharashtra
State co-operative bank ltd.
3. Documents regarding the title of the land are collected by
the society. The plot is got measured and the slum
structures are properly demarcated.
4. The survey of structures on the plot is carried out and the
structures are numbered on the plan. A table of house
number as per plan and the name of the occupant is
prepared.
5. A suitable developer is appointed by the society by a
general body resolution. The developer appoints
professionals like Architect/ Licensed surveyor; Structural
engineer; etc.
6. The developer enters into individual agreements with all
the slum dwellers agreeing to participate in the scheme.
7. A proposal enclosing requisite plans; annexures and
documents is submitted by the architect to SRA.
SECOND STAGE
1. Initial scrutiny of the proposal is carried out by the concerned sub-
engineer. It is ensured that all requisite documents are submitted along
with the proposal.
2. If the proposal is in order, the amount of scrutiny fee to be paid is
worked out by the sub-engineer.
3. The scrutiny fee is paid by the developer.
4. Annexure II is forwarded to the competent authority for certification.
5. Annexure III is simultaneously forwarded to the financial wing for
scrutiny.
6. Annexure I is scrutinized by the engineering wing.
7. After Annexure II & III are certified by the competent authorities,
approvals to LOI, layout. Intimation of Approval and commencement
certificate to the first building for work upto plinth are processed.
Endeavour is made to issue all these four approvals at one go, at-least
for the first rehabilitation building.
THIRD STAGE
1. The society draws lots for allotment of the tenements to the
members who are ready to participate in the scheme. Draw for
the non- participating members from the remaining tenements
is also drawn.
2. The developer arranges for transit accommodation to the slum
dwellers, which can be either on-site or off site, as mutually
agreed between the slum dwellers and the developers.
3. In case the developer has difficulty in arranging for suitable
transit accommodation, due to site constraints, SRA extends all
help to the developers to locate suitable site in the vicinity for
construction of transit camps and helps to obtain permissions
from concerned authorities for the same. In case no suitable site
is available in the vicinity, transit camps of MHADA, MMRDA, etc
can be taken on rental basis by the developers. SRA extends all
possible help for obtaining these transit tenements from these
authorities.
4. Draw of lots for allotment of transit tenements is drawn.
5. The slum dwellers are shifted to the transit camps and their
hutments demolished. The slum dwellers who do not agree to
participate in the scheme are given notice by the society stating
the allotment details and requesting them to participate in the
scheme.
6. If these members do not agree to participate within 15 days of
the approval of the proposal, they are physically evicted from the
site under the provisions of Sec 33 & 38 of Maharashtra Slum
Areas (Improvement, Clearance and Redevelopment) Act, 1971,
to ensure that there is no obstruction to the scheme.
7. After demolition of the structures, work upto plinth is
completed.
8. After checking the plinth dimensions, further permission to
carry out construction beyond plinth is granted.
FOURTH STAGE
1. Plans for the further buildings both for sale and rehabilitation
are then approved.
2. Building permissions for the sale buildings are given in the
proportion of the permissions given to the rehabilitation
buildings.
3. Upon completion of rehabilitation building/ wing, list of
allotment is drawn up. The allotment is done in the joint name of
the head of the household and the spouse.
4. Building completion certificate is submitted by the architect.
5. After checking of the building and compliance of the IOA
conditions Occupation permission to the building is granted. The
slum dwellers as per the allotment list are given possession of
the tenements.
6. SRA issues identity cards to the slum dwellers.
FIFTH STAGE
1. Further construction of the remaining building/s is then
taken up.
2. Further building permissions as well as occupation
permissions to the buildings is then granted in due course.
3. Upon completion of the last buildings in the layout, the
underlying land is transferred on lease to the society of
slum dwellers. In case of Government lands, the lease rent
is nominal.
4. Separate property cards for the rehabilitation building plot
and the sale building plot as well as for the reservation
plots to be handed over are prepared. SRA acts as
facilitating agency in case of any difficulty with the revenue
authorities.
VALUATION OF SLUMS IN
MUMBAI
FAQ :
Q1. A plot of land in Mumbai Suburbs is in Residential
Zone and fully encroached upon with slums, however the
said plot of land has not been declared as slum under the
Slum Act.

Ans. Such plot of land has to be considered as encroached


property and value of such property is generally in the range of
5%-10% of the market value, if there is a potential in the plot
for declaring the said land as Slum, however if there is no such
possibility the value of such a plot may even fetch lesser than
5% of the market value.
Q2. Can Banks mortgage Slum Land owned by Government
where LOI has been issued and a slum scheme is in progress?

Ans. The land which is owned by Government and where such slum
schemes are in progress by virtue of LOI granted by SRA and
permissions granted by land owning authority are in place of the
Government and NOC is never granted to the banks, however
developers mortgage their development rights based on which
banks do funds such projects. The major concern in such cases is
that although the bank does mortgage the development rights, the
LOI can never be transferred without the consent of the slum owners
who grant their 70% consent to the project and even if revised
approval is granted in favour of a new developer, sanction and
approval would be required from SRA which is very difficult process.
Q3. Can Banks mortgage Slum Land owned by Private
Owners where LOI has been issued and a slum scheme is
in progress?

Ans. The land which is owned by Private Owners and where


such slum schemes is in progress by virtue of LOI granted by
SRA and permissions granted by Owner, such land are
mortgaged with the banks. The major concern in such cases is
that although the bank does mortgage the development rights,
the LOI can never be transferred without the consent of the
slum owners who grant their 70% consent to the project and
even if revised approval is granted in favour of a new
developer, sanction and approval would be required from SRA
which is very difficult process.
Q4. How to value a slum land?

Ans. The first stage if to understand the purpose of valuation.


The second stage is to verify if the said land is declared as slum
under Section 3(C), 3(D) of the Slum Act 1971 and the LOI has
been issued, the most important aspect is to understand the
rights of the developer which are created by the virtue of the
slum act. The Developer has the liability and responsibility to
complete the slum portion based on which he is granted FSI as
per Circular 98 of SRA. The valuer has to take into account the
said fact before proceeding further and compute the cost
towards completion of slum structures and also the FSI which
would be generated from the project for free sale component
in-situ and ex-situ (i.e. in the form of TDR). The other factors
which he has to take into consideration are as follows:
1. Any reservations on the land which can affect the
potentiality of the plot.
2. Verifying if there any PG, RG reservations which have to be
maintained as per City Scape Order.
3. Verify how many ineligible slums on the site.
4. The time factor it will take to vacate them.
5. Any other limitations and constraints as per D.C. Rules such
as heritage precinct, civil aviation restrictions, reservations,
road width, NOC issues, CRZ issues.
6. Litigations on the said land.
7. The FSI which is granted in the said scheme is 3 or 4
depending on the tenement density.
8. Verify if any FSI has been transferred from one scheme to
another which have obtained dual approval from SRA as a
combined scheme.
9. Verify if any non-slum land has been merged with a slum
land in the scheme approved by SRA, such non-slum land
will not get the benefit of FSI of 3 or 4 on the Gross Plot
Area, but will have to be developed under DCR 32.
10. Compute the cost of premium and fungible FSI
Q5.Can Banks mortgage mortgaged flats in the Free Sale
Component in the SRA Schemes?
Ans. Bank can mortgage flats in the Free Sale Component in
the SRA Schemes for which plans have been approved and CC
has been granted.

Q6.Can Banks mortgage flats / shops in Rehab Tenements


in Slum Buildings?
Ans. Bank cannot mortgage such flats as SRA does not allow
such flats / shops to be sold for a period of 10 years, and even
after 10 years period completion there is specific procedure
under Slum Rule 3(E) which is to be followed.
01.01.2000 cut off date
Cut Off date has been revised to 1/1/2000 on 2nd May 2014 as
per SRA Notification dated 22.07.2014
Occupancy transfer charges as per Annexure II point no.vi for
SRA Schemes in MCGM, Thane, Pune, Pimpri Chinchwad &
Nagpur are
 for slum located in residential area Rs.40,000/-
 for slum located in industrial and/or commercial areas or
industrial cum residential and/or commercial cum
residential
For SRA projects for which approval has been given before 2nd
May 2014 and if sanction letter has been given to the
developer or if construction work of rehab building work is in
progress then the slum dweller who has become eligible as per
the revision dated 2nd May 2014 may be accommodated if the
same is permissible within the norms of prevailing DCR .
THANK YOU

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