Government of Maharashtra

Urban Development Department

Notification Whereas, the Government of Maharashtra in exercise of the powers conferred by sub-section (I) of section 113 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) (hereinafter referred to as "the said Act") has designated site for New Town of Navi Mumbai vide Urban Development and Public Health Department, Notification No. RPB. 1171/18124/1. W, dated 20th March 1971 and City and Industrial Development Corporation of Maharashtra Limited (CIDCO), has been appointed as a New Town Development Authority for New Town of Navi Mumbai; And whereas, Government of Maharashtra, Urban Development Department, vide its Notification No. RPB. 1175/635/UD-5, dated 16th September 1976 sanctioned the Draft General Development Control Regulations, 1975 prepared by CIDCO for entire Navi Mumbai Project Area; And whereas, the Government of Maharashtra vide Urban Development and Public Health Department Notification No. RPB. 1175/635/UD-5, dated 18th January 1980 has sanctioned the Draft Development Plan in the form of structure plan, submitted by CIDCO for the area comprised in the New Town of Navi Mumbai and the same has came into force with effect from 1st March 1980; And whereas, Navi Mumbai Municipal Corporation (hereinafter referred to as "the said Corporation") has been constituted under Government Notification No. NBC. 1091/140/CR-14/91/UD-20, dated 17th December 1991 under section 3 of the Bombay Provincial Municipal Corporation Act, 1949 for the local areas of the revenue villages specified therein. Navi Mumbai Municipal Corporation limits included area of 44 revenue villages. Out of which 29 revenue villages are included in the sanctioned Development Plan and remaining 15 villages are included in sanctioned Regional Plan of Mumbai Metropolitan Regional Development Authority; And whereas, Government vide its Notification No. NMC. 112000/ CR-54/04/UD-28, dated 8th June 2007 has excluded 14 villages from the limits of the said Corporation which are included in the sanctioned Regional Plan of MMRDA; And whereas, the said Corporation has all the powers of the Planning Authority under Chapters 3 and 4 of the Maharashtra Regional and Town Planning Act, 1966 within its area from the date specified by the State Government in this behalf in respect of the developed nodes of Vashi-Sanpada, Nerul, Belapur-CBD, Koperkhairane and Airoli in accordance with the provisions of section 2 (15) (a) and section 2(19) of the Maharashtra Regional and Town. Planning Act, 1966 (hereinafter referred to as "the said Act "); This has been specifically mentioned in the Government Order No. NMC. 1692/1187/R-138/94/UD-24, dated 15th. December 1994 (hereinafter referred to as "the said order "); And whereas, as per the provisions of section 21(5) of the said Act, General Development Control Regulations for Navi Mumbai-1975 were adopted by the said Corporation; And whereas, the said Corporation, submitted its draft Development Control Regulations, 1994 to the Government on 8th May 1995. The Government suggested to

incorporate the various directives issued to the said Corporation from time to time; And whereas, in exercise of the powers conferred under sub-section (1) of section 37 of the said Act, and as per the Resolution approved in General Body Meeting of the said Corporation vide Resolution No. 859 dated 28th March 2006, the said Corporation proposed to modify the above adopted Development Control Regulations for Navi Mumbai; And whereas, in exercise of the powers conferred by sub section (2) of Section 37 of the said Act, Government has sanctioned the said Development Control Regulations as submitted by the Navi Mumbai Municipal Corporation by keeping certain provisions in abeyance, vide Notification No. TPB/4306/564/CR-55/ 06/LJD-ll, dated 12th December 2007 which appeared in Maharashtra Government Gazette, Konkan Division Supplement, dated 27th December 2007 to come into effect from the same date i.e. from the date of publication of the "said Notification in the Maharashtra Government Gazette; And whereas, after discussion held with the officials of the said Corporation, CIDCO artd Director of Town Planning, the Government is of the opinion that the Regulations kept in abeyance earlier vide Notification dated 12th December 2007 should be sanctioned with some changes. Now therefore, in exercise of the powers conferred by sub-section (2) of section 37 of the said Act, the Government hereby:–

(a) Sanctions the modification to the Development Control Regulations which were kept in abeyance Vide Notification dated 12th December 2007, as per the schedule of modifications appended to the aforesaid Government Notification, subject to the Hon'ble High Court's Order dated 14th December 2005 in Writ Petition No. 99/05; (b) Fixes the date of publication of this Notification in the Official Gazette as the date of coming into force of these modifications. (c) Directs the said Corporation that in the schedule of modifications appended to the aforesaid modification sanctioning the said Regulations after the last entry, the above (a) shall be added.

Schedule

Following provisions/regulations which were kept in abeyance vide Notification, dated 12th December 2007 are sanctioned, subject to following modification:—

Sr. No Reg. No. Regulation Modification (1) (2) (3) (4)

1 6.3.4 Amalgamation

Condition No.3 is deleted. In condition No.2 the words "and of same FSI" is deleted and following words are added "subject to condition that FSI of individual plot shall be considered while calculating FSI after amalgamation".

2 14.2.1 (d)

Discretionery No change powers regarding modification of limit of zone No change

3 15 Temporary Construction

Following provision is added at the end of Regulation:— "Provided that in case of construction project on the land having area more than 1 Ha., it is obligatory on the developer to construct temporary labour camp alongwith toilet facilities on his own land only, during phase of construction of building".

4 16.4.5 Land uses in RPZ The land use at code No. 1 is deleted.

5 16.4.6 Land uses in No Development Zone

Proviso is added below the Regulation 16.4.6 as below: — Uses in No Development area such as Research Development, Educational, Science Museum shall be permitted subject to maximum of 0.2 FSI and also subject to CRZ notification.

6 16.4.12 Mixed use No change.

7 16.4.13 Change of use

Proviso is added at the end of regulation as follows: — "The road width shall be 15mt. instead of 20 int." The mixed user other than allotted shall not be more than 30% subject to a further condition that the principal land use should be segregated by separate entrance.

8 16.5

Regulation is modified as under:— Whenever land intended to be developed has been granted or agreed to be granted on lease by CIDCO then notwithstanding anything contained in the lease or agreement to lease, the permissible land use for such land, excluding the land granted for educational, institutional and public amenity purpose, shall be the land use specified in the foregoing clause under the zone in which land is located and may corresponding closely to the land use specified in the lease or as the case may be, the agreement to lease made with the CIDCO, subject to prior clearance from CIDCO and recovery of additional premium if any, applicable.

9 18.1 Scrutiny Fee

The following proviso is added below the said regulation. "The scale of fees can be permitted to be revised with the approval of the Corporation."

10 18.2 Security Deposit

The following proviso is added below the said Regulation. "The scale of fees can be permitted to be revised with the approval of the Corporation".

11 28 Road widening & construction of new roads. No change.

12 37 Regulations for Gaothans and Congested Areas.

Regulation 37 is modified in respect of sub-regulation 37.2 & 37.3 and 37.9 as follows: —

37.2 & 37.3 37.9

FSI of 1.30 for residential use and further 0.5 FSI for mixed user, if access road is more than 9.0 mt. wide. In Gaothan area for Educational, Medical, Religious land use FSI permissible is 1.00 but for the benefit of the community, with the previous approval of the Municipal Commissioner the FSI specified may be permitted to be exceeded to maximum of 50% than the permissible for buildings used for education, medical, religious purposes, subject to payment of premium as decided by the Government and without condonation in margin and parking. However, further 50% FSI may be exceeded if access road is more than 9.00 mtr.

13 38.1 (EE&G) Permissible uses in RPZ No change.

14 40 Exclusion from FSI

Regulation No.40 is modified in respect of Sub-Regulation 40 (a) and 40 (i) (g) as follows:— (a) A basement as provided in Regulation 42.4(t) or celler.

40(a)

Area of multi floor parking with three side open and upto 2.4 mt. floor height after leaving the required marginal distances.

40(i)(g)

Regulation is modified as below: — "Regarding No. of flower beds, maximum two flower beds may be allowed per tenement. However, the width of flower bed shall be maximum 0.60 mt. and the word 'at sill level' shall be deleted. The length of flower bed shall not exceed the length of openings such as door and windows."

15 41 Premium not chargeable. No change.

16 42 Requirements of parts of buildings

Following provisions are added after the regulations 42.4 (y):— 1. Plinth:— The plinth or any part of a building or outhouse shall be so located with respect to the surrounding ground level that adequate drainage of the site is assured.

(i) Main building — The height of the plinth shall not be less than 30 cm. above the surrounding ground level. In areas subject to flooding, the height of the plinth shall be at least 60 cm. above the high flood level. (ii) Interior court-yards, covered parking spaces and garages — These shall be raised at least 15 cm. above the surrounding ground level and shall be satisfactorily drained.

2. Ramps:— (1) Ramps for pedestrians,— (1) General— The provision applicable to stairways shall generally apply to ramps. A ramp in a Hospital shall not be less than 2.25 m. wide. In addition, to satisfy the fire-fighting requirements, a ramp shall lead directly to outside open spaces at ground level or court-yards or other safe places. In multi storeyed, high rise and special building, access to ramps from any floor shall be through a smokestop door. (ii) Slope— A ramp shall have a slope of not more than 1 in 10. It shall be of non slippery material.

(iii) Handrail— A handrail shall be provided on both the sides of the ramp (2) Ramps for basement or storeyed parking—For parking spaces in a basement and upper floors, at least two ramps of adequate width and slopped shall be provided preferably at the opposite ends. Such ramps may be permitted in the side and rear marginal open spaces after leaving sufficient space of movement of fire-fighting vehicles. 3. Revas Projection:—

(i) A revas projection 1.20 m. in width may be permitted in the front open space when it faces a street 12.20 m. or more in width. To facilitate the construction of a staircase, such revas projection may be permitted in the side or rear open space provided that such open space is at least 4.5 m. and the reavas projection is limited to a width of 0.75m. and the length of the staircase landing. No revas projection shall be at a height less than 2.1 m. above the ground level. (ii) A revas projection shall not be permissible in the side or rear open spaces of a tower like structure. (iii) The areas of all revas projections shall be taken into account for the computation of F.S.I.

4. Roof:— (i) Effective drainage of rain water. The roof of a building shall be so constructed of framed as to permit effectual drainage of the rain water therefrom by means of rain water pipes at the scale of at least one pipe of 10 cm. Diameter for every 40 sq.m. of roof area. Such pipes shall be so arranged jointed and fixed as to ensure that the rain water is carried away from the building without causing dampness in any part of the walls or foundations of the building or those of an adjacent building. (ii) Connecting rain water to drain or sewer:— The commissioner may require rain water pipes to be connected to a drain or sewer through a covered channel formed beneath the public footpath to connect the rain water pipes to the road gutter or in any other approved manner.

(iii) Manner of fixing rain water pipes-Rain water pipes shall be affixed to the outside of the walls of the building or in recesses or chases" cut or formed in such walls or in such other manner as may be approved by the comssissioner.

5. Terrace: — Terraces shall not be sub-divided and shall be accessible by a common staircase. 6. Septic Tank: — (i) Location and sub-soil dispersion. — A sub-soil dispersion system shall not be closer than 12m. to any source of drinking water, such as a well, to mitigate the possibility of bacterial pollution of water supply. It shall also be as far removed from the nearest habitable building as economically feasible but not closer than 2 m. to avoid damage to the structure.(ii) Dimensions etc.— (a) Septic tanks shall have a minimum inner width of 75 cm. A minimum depth of one metre below the water level and a per capita minimum liquid capacity of 85 litres. The length of the tanks shall be at least twice the width. (b) Septic tanks may be constructed of brick work, stone masonry, concrete or other suitable material as approved by the Commissioner. (c) Under no circumstances should effluent from a septic tank be allowed into an open channel drain or body of water without adequate treatment.

(d) The minimum nominal diameter of the pipe shall be 100 mm. Further, at junctions of pipes in manholes, the direction of flow from a branch connection should not make an angle exceeding 45 degree with the direction of flow in the main pipe. (e) The gradients of land-drains, under-drainage as well as the bottom of dispersion trenches and soakways should be between 1:300 and 1:400.

(f) Every septic tank shall be provided with a ventilating pipe of at least 50 mm. Diameter. The top of the pipe shall be provided with a suitable cage of mosquito proof wire mesh. The ventilating pipe shall extend to a height which would cause no smell or nuisance to any building in the area. Generally, the ventilating pipe should extend to a height of about 2 mt. when the septic tank is at least 15 mt. away from the nearest building and to a height of 2 mt. above the top of the building when it is located closer than 15 mt.(g) When the disposal of septic tank effluent is to a seepage pit, the seepage pit may be of sectional dimension of 90 cm. and not less than 100 cm. In depth below the inner level of the inlet pipe. The pit may be lined with stone, brick and concrete blocks with dry open joint which should be backed with at least 7.5 cm. of clean coarse aggregate. The lining above the inlet level should be finished with mortar. In the case of pits of large dimensions the top portion may be narrowed to reduce the size of the RCC cover slabs. Where no lining is used, specially near trees the entire pit should be filled with loose stones. A masonry ring should be constructed at the top of the pit to prevent damage by flooding of the pit to by surface run off. The inlet pipe should be taken down to a depth of 90 cm. from the top as an anti mosquito measure.

(h) When the disposal of a septic tank effluent is to a dispersion trench, the dispersion trench shall be 50 to 100 cm. wide excavated to a slight gradient and shall be provided with a layer of washed gravel or crushed stones 15 to 25 cm. Deep. Open joined pipes placed inside the trench shall be made of unglazed earthenware clay or concrete and shall have a minimum internal diameter of 75 to 100 mm. Each dispersion trench should not be longer than 30 mt. and trenches should not be placed closer than 1.8 mt. to each other.

(7) Overhead Tank: - Every overhead water storage tank shall be maintained in a perfectly mosquito-proof condition by providing a properly fitting hinged cover and every tank more than 1.5 m. in height shall be provided with a permanently fixed iron ladder to enable inspection by anti-malaria staff. (8) Canopy: - A cantilevered and unenclosed canopy may be permitted over each entrance and staircase, if a clear distance of at least 1.5 m. is maintained between the plot boundary and the outer edge of the canopy. The minimum clear height of the canopy shall be 2.2 m.

17 42.4(j) Podium The words "one or two levels” are changed as “one floor level".

18 42.4(l) Projection of Cupboards etc.

The Regulations is modified as under:— The area of cupboards within the building line and cantilever projection in the setbacks of residential building may be permitted and shall be exempted from covered area calculations subject to the following conditions :— (1) Width of cupboard shall not be more than 3.00 mt. (2) The cupboard shall be placed at floor level and the height of cupboard shall be 2.1 mtr. Maximum. (3) Cupboard on ground floor may not be permitted in the setbacks. (4) If the cupboard is of cantilever type then it shall be allowed to be projected 60 cm. in the setbacks.

19 42.2(m) Stilt No change. 20 42.4(t) Basement No change. 21 46(2) Police Housing No change.

22 46(3)

Regulations for Reconstruction/Redevelopment of buildings which have collapsed/demolished.

Regulation is modified as under:— Reconstruction in whole or in part of a building (not being a building wholly occupied by warehousing user and also hot being a ground floor structure), which has ceased to exist in consequence of an accidental fire, natural collapse, or demolition for the reason, of the same having been' declared unsafe by or under a lawful order of the Corporation is likely to be demolished for the reason of the same having been declared unsafe by or under a lawful order of the said Corporation duly certified by them, shall be allowed as specified in Appendix-VI of this Regulation.

23 46(4)

Special provision in respect of economically weaker section slum area (Appendix VII): Deleted.

24 Appendix VI

Regulation for Reconstruction / buildings Redevelopment.

The proviso 1(a) (ii) and (a) is modified as under: — (ii) Reconstruction / redevelopment of destroyed by fires, collapsed, demolished etc.Reconstruction in whole or in part of a building (not being a building wholly occupied by warehousing user) which has ceased to exist in consequence of accidental fire, natural collapse or demolition for the reason of the same having been declared unsafe by or under a lawful order of the Municipal Commissioner.(a) In case of reconstruction / redevelopment of buildings of CIDCO / NMMC having tenements size of less than 50 sq.mt. in outside congested areas, the total FSI shall be the authorisedly consumed FSI plus 50 % incentive FSI, provided that total FSI of the new structure shall not exceed 1.5.In case of reconstruction / redevelopment of buildings having tenements size less than 50 sq. mt., in gaothan area the total FSI shall be the authorisedly consumed FSI plus 50 % incentive FSI provided that total FSI of the new structure shall not exceed 1.8. Provided that the access road to the building shall not be less than 9 mtt.

25 Appendix VII

Regulation for Redevelopment/Reconstruction of accommodation for censussed slum dwellers through owners/developers/co-operative housing societies of slum dwellers /Corporation/other public authorities. Deleted.

26 Appendix IX

Permissible uses in Regional Park Zone Regulation 38.1 (1a) EE and G.

Appendix IX modified as under:- Land Use Max Permissible FSI 1. Theatre, motion picture 0.15 houses, assembly halls, auditoria, exhibition halls, museums, rest aurants, etc. with mininmum plot are of 2000 sq.mtr. 2. Film and Video shooting 0.10 sites with min. plot of 5.0 H. Subject to permanent built-up facilities with max. ground coverage of 10 %. 3. Religious and other places 0.10 of worship. 4. Crematoria and burial 0.05 grounds, with incidental structure. 5. Parks, Gardens, Play 0.10 Grounds, Golf Courses Race Courses, Swimming Pools, Shooting Ranges, Camping Grounds, facilities for Water Sports, Amusement Parks, Theme. Parks etc. 6. Highway amenities such 0.10 as parking lots including truck terminals, Police Check- posts toll stations, Octroi nakas with proper lay-byes and subject to IRC codes and approval of highway authorities, (intersection, tree, plantation, setbacks and from road, advertising etc. controls to be detailed out.).

G. Other uses in Regional Park Zone:—

1. Farm Buildings as per S. 41 of MLR Code 1966.

2. single Family Houses 0.15 on plots not less than 2000 sq. mtr. 3. Holiday Resorts & Homes 0.15 with minimum Plots Size of 1.0 Ha. 4. Educational, Medical, 0.15 Social, Cultural, Welfare and Religious institutions alongwith ancillary facilities with minimum plot of 1.0. Ha. 5. Storage of non-obnoxious 0.10 and non-hazardous use (subject to further detail) Including transit godowns with minimum plot area of 4000 sq.mt. 6. Agriculture and allied activities. 0.05 7. Public utilities. 0.15 8. Public utility corridors 0.05 and Transportation corridors. 9. Highway amenities such 0.15 as Petrol Pumps/Service Stations/Emergency repair services, Motels, service, shops and Highway restaurants. Note:— The maximum night of buildings in Regional Park Zone shall be ground and three upper floors. However, increase of the same will be considered by the Corporation, particularly in case of Holiday Resorts and such other uses on a case by case basis.

27 Annex E-I Slum Redevelopment Project. Deleted.

E-II Form of Certificate by Municipal Commissioner. Deleted.

E-III Definition of Project affected person. Deleted.

E-IV

Procedure for submitting proposals for redevelopment of slum under Appendix-S. Deleted.

28 Schedule-II

List of service Industry to be allowed in gaothan areas. No Change

29 App.-X Schedule indicating the permissible mixed uses.

This Appendix is modified as below:— "(a) showroom, show window shall not be permitted in principal uses of service industry, ware housing, cold storage, independent Bunglow Plot, Residential/Co-op. Housing Society and Social Institutions. (b) Educational, medical user shall not be permitted in principal uses of Bank and Administrative Office, Cafeteria, Showroom / Show Window. (c) In hotel plot, residence of essential staff shall be permitted. (d) In cinema theatre plot, instead of hotel, restaurant shall be permitted. "

Note:—Typographical errors, spelling mistakes, reformation of sentences etc. may be allowed to change by the Municipal Commissioner without change in the meaning.

By order and in the name of the Governor of Maharashtra, Abhiraj Girkar, Under Secretary to Government.