objections & suggestions for dcr 33(9)

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OBJECTIONS AND SUGGESTIONS

SUBMITTED BY REMAKING OF

MUMBAI FEDERATION ON THE

PROPOSED NOTIFICATION ON DC

RULES AND REGULATIONS NO. 33

(9) - DETAILS WITH THE

RECONSTRUCTIONS OF CESSED,

NON CESSED & OTHER

CATEGORIES OF OLD BUILDINGS

UNDER URBAN RENEWAL

SCHEME TO BE DEVELOPED

THROUGH CLUSTER APPROACH

BY A JOINT VENTURE BETWEEN

MHADA ALONG WITH THE

TENANTS, LANDLORDS AND

PRIVATE DEVELOPERS.

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1. PARA SHOWN IN BLACK ARE THE

ORIGINAL PARAGRAHS AS IN THE DRAFT NOTIFICATION.

2. PARA SHOWN IN BLUE ARE THE

RESPECTIVE CORRECTED PARAS WITH NECESSARY ADDITIONS AND DELETIONS.

3. PARA SHOWN IN RED ARE THE

NECESSARY EXPLATIONS FOR THE RESPECTIVE SUGGESTIONS.

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SCHEDULE Accompaniment to Government in Urban Development Department’s Notice No. TPB 4307/2346/CR-106/2008/UU-11 dated 30th June, 2008. 33(9): Reconstruction or redevelopment of cessed buildings/ Urban

Renewal Schemes on extensive area. 33(9): Reconstruction or redevelopment of old cessed and non

cessed buildings under Cluster Development Scheme/ Urban Renewal Schemes on extensive area.

Add: It is necessary to define the following terms for more clarity Definitions: Cluster means a group of conjoined mixed old cessed and non

cessed buildings constructed prior to 1969. Having a minimum area of 4000 sq. mtrs and a maximum of 1,00,000 sq mts.

Cluster Development Scheme means a scheme of development of

cluster in the Island City of the Mumbai having a minimum area of 4000 sq. mtrs and a maximum of 1,00,000 sq mts. which consists of a mix of old cessed and non cessed buildings and structures of different characteristics, herein referred to as “CDS”.

Urban Renewal means “redevelopment of inner (old) city areas

(this would include items like widening of narrow streets, shifting of industrial/commercial establishments from non-confirming to conforming areas to reduce congestion, replacement of old and worn-out water pipes by new/higher capacity ones, renewal of sewerage/drainage/solid waste disposal systems, etc” (as defined by Jawaharlal Nehru National Urban Renewal Scheme-JNNURM).

Urban Renewal Scheme means any scheme in the Island City of

the Mumbai having a minimum area of above 1,00,000 sq mts/ 25 Acres which consists of a mix of old cessed and non cessed buildings and structures of different characteristics, herein referred to as “URS”.

Explanation :- Sector/area which is more than 1,00,000 Sq mts/ 25 acres will qualify for Urban Renewal Scheme as Specified in the Expression of Interest for a Pilot Project by the Special project department of the government of Maharashtra which would imply “The planned and systematic upgrading of a large deteriorating urban area, involving planning, designing, rebuilding, re-

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structuring, or restoring, thereby freeing land, for redeveloping areas, by creating more infrastructure, amenities, facilities, and open spaces, without compromising the standards and quality of living of its residents. It frequently refers to programs of major demolition and rebuilding of blighted areas. The Urban Renewal Scheme will include sectorial development on a large basis which may include numerous cluster developments.

Urban Renewal Scheme will also allow the urban planning to take in the issues of congestion, creation of green open spaces, reduction of carbon footprints while developing and using sustainable eco-friendly measures. Transportation of vehicles and pedestrians can be planned in a holistic manner. It would also be able to address issues of infrastructure augmentation and creation like alternative sources of electricity eg. Solar, tidal, wind and turbine, involve in major water saving measures like rain water harvesting, connectivity of existing wells, reconversion of gray and black water for soil and toilet use, conversion of black water and solid waste into the electric grid, sewerage treatment plants, incineration of dry garbage, creation of large, wide arterial roads, repairing and augmenting existing utility lines and other methods which address the serious, debilitating issues of urban decay and deterioration.

Add- It is necessary to define the following terms for more clarity Project Authority means the authority in the Cluster Development

scheme which has larger built up area in the cluster, including cess and non cessed buildings, which could be MHADA / MCGM, herein referred to as “PA”

Special Planning Authority means the planning authority for the

Urban Renewal Scheme constituted or appointed or deemed to have been appointed under section 40 of the MRTP Act, 1966 for developing certain notified areas under the Urban Renewal Scheme, herein referred to as “SPA”.

For reconstruction or redevelopment of cessed buildings / Urban Renewal Schemes in Island City, undertaken by the Maharashtra Housing & Area Development Authority or Municipal Corporation of Gr. Mumbai either departmentally or jointly with land owners and/or Co-op. Housing Societies of tenants/occupiers of buildings / Developer/ Co-op. Housing Society of hutment dwellers therein, 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. For reconstruction or redevelopment of old cessed and non cessed buildings under cluster development / Urban Renewal Schemes in Island City, undertaken by the Maharashtra Housing & Area Development Authority or Municipal Corporation of Gr. Mumbai

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either departmentally or in a joint venture with developers along with land owners and/or Co-op. Housing Societies of tenants, tenants/occupiers of buildings / Co-op. Housing Society of hutment dwellers therein, 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. Provided that if the FSI required for rehabilitation plus the incentive FSI exceeds 4.00 the same shall be considered with the previous approval of the Government. Provided that if the FSI required for rehabilitation plus the incentive FSI exceeds 4.00 the same shall be considered with the previous approval of the Special Planning authority or in its absence the Project Authority. Appendix-III-A Regulations for reconstruction or redevelopment of cessed buildings/Urban Renewal Schemes, undertaken by MHADA or MCGM either departmentally or jointly with land owners and/or Co-op. Housing Societies of tenants/occupiers of buildings/ Developer/Co-op. Housing Society of hutment dwellers therein. Regulations for reconstruction or redevelopment of old cessed and non cessed buildings under cluster development / Urban Renewal Schemes in Island City undertaken by MHADA or MCGM either departmentally or in a joint venture with developers with land owners and/or Co-op. Housing Societies of tenants, tenants/occupiers of buildings/ Co-op. Housing Society of hutment dwellers therein Add: The obligations of the Joint Venture components shall be as under:- (I) The concerned Project authority (for Cluster

development Scheme) / Special Planning authority (for URS) shall be responsible for:-

(a) Obtaining all the clearances for development on a

single window basis (b) Assisting the developers in shifting all occupants,

pavement dwellers, encroachers etc. with the help of statutory laws

(c) Entering into a registered agreement with each affected

party, like tenants, landlords, etc. on behalf of the Joint Venture,

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(d) Setting up an independent committee headed by a Chief Officer appointed by the State Government to look after the redressing of grievances of persons affected allotment of the rehabilitation tenements. Such Chief Officer to be assisted by such persons as may be required by the Chief Officer for carrying out his duties.

(e) The Chief Officer shall be the Authority and shall have

powers to decide disputes and pass orders in case of non- co-operation of non-consenting tenants during the process of shifting to transit arrangements. For the purposes of this section, even the non-cess buildings which have been acquired and the plots there under have been amalgamated and declared to be part of the scheme, the Chief Officer shall be the competent authority.

(f) Facilitating the developer’s efforts in formulating and

implementing the scheme. (g) For URS, it will be the SPA which will plan and control

the notified area and will facilitate implementation of the scheme.

(h) SPA will discharge all its duties and obligations for the

notified area as specified in the MRTP Act, 1966. (II) The Developers along with land owners and/or Co-op.

Housing Societies of tenants, tenants/occupiers of buildings / Co-op. Housing Society of hutment dwellers therein shall be responsible for:-

(a) For generation of financial resources (b) In case of developers under URS, planning the layout

and design as per the Urban Area Renewal master plan, and getting it sanctioned by the Special Planning Authority, or in absence of the same, as per the Development Plan,

(c) Construction of the buildings in the cluster development as per the Urban Area Renewal’s Special planning authority’s norms, or in absence of the same, as per the MCGM norms

(d) Creating acceptable transit arrangements / LIG

housing.

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(e) Implementing ecological and environment friendly measures

1.1. “Urban Renewal Scheme” means any scheme in the Island

City of the Mumbai having a minimum area of 4000 sq. mtrs. which consists of a mix of structures of different characteristics such as –

(a) Cluster Development (CD) means any scheme in the

Island City of the Mumbai having a minimum area of 4000 sq. mts and a maximum of 1,00,000 sq mts. which consists of a mix of old cessed and non cessed buildings and structures of different characteristics, and

(b) Urban Renewal Scheme(URS) means any scheme in

the Island City of the Mumbai having a minimum area of above 1,00,000 sq mts. which consists of a mix of old cessed and non cessed buildings and structures of different characteristics such as –

i) Cess buildings of ‘A’ category in Island City, which attracts

the provisions of MHADA Act, 1976.

I. All old buildings and structures constructed prior to 1940, whether cess or non-cess, are to be covered

(Explanation:- Redevelopment of dangerous buildings prior to 1940 is the basis of the government’s policy. Therefore cess and non-cess buildings should both be considered. Though buildings may look strong from the outside, seepage and deterioration of the buildings would have weakened the foundations and therefore all buildings prior to 1940- cess and non cess have outlived their lives)

II. All buildings cessed and non cessed constructed after 1940, wherein 60% of the residents voluntarily consent to the redevelopment.

(Explanation:- If the entire neighborhood is getting developed, then it is fair to allow members of buildings within the cluster to opt for development

III. Any building falling within area to be developed, whether cess or non cess, constructed post 1940 and which is declared to be structurally unfit or unsafe or too dilapidated for human habitation, or are by reason of dis-repair or have structural / sanitary defects, unfit for human habitation or are by reasons of their bad configuration or the narrowness of streets, dangerous

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to injurious to the health of the inhabitants of the area as may be certified by the officer designated by MHADA / MCGM shall on certification of the concerned authority, be compulsorily included in the redevelopment plans.

Explanation:- Non inclusion of Buildings which are in a dangerous condition, unfit or unsound, just because they have been constructed after 1940 is unfair and not in furtherance of the government’s intention of protecting and improving the lives of the citizens and residents of that area. Hence the amendment as suggested should be incorporated)

ii) Cess Buildings acquired by MHADA under MHADA Act,

1976.

IV) Cess Buildings acquired by MHADA under MHADA Act, 1976.

iii) All buildings belonging to the Government, semi Government

and MCGM including institutional buildings, office buildings, tenanted municipal buildings and buildings constructed by MHADA, that are constructed prior to 30.9.1969.

V) All buildings belonging to the Government, semi

Government and MCGM including institutional buildings, office buildings, tenanted municipal buildings for example, Police Housing, BPT Housing and BIT Chawls and buildings constructed by MHADA, that are constructed prior to 30.9.1969.

iv) Other buildings erected before 30.9.1969 which are by

reason of dis-repair or have structural / sanitary defects, unfit for human habitation or are by reasons of their bad configuration or the narrowness of streets, dangerous or injurious to the health of the inhabitant of the area as may be certified by the officer designated by MHADA/ MCGM.

VI) - do as per iv)-

v) Provided that building erected after 30/9/1969 which fulfills the above conditions shall be considered with prior approval of State Govt. VII) Provided that building erected after 30/9/69 which

fulfils the above conditions or in exceptional case creates obstacles in master planning of the sector by

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SPA shall be considered only with prior approval of State Govt.

vi) Slum areas declared as slums under section 4 of

Maharashtra Slum Areas Act, 1971 or slums on Public lands prior to 1.1.1995 or such other reference date notified by the Government, provided that in the mix of structures of different characteristics, the percentage of slum area and area under the buildings constructed after 30.09.1969 if any included in the Urban Renewal Scheme shall not exceed 25% (i.e. ¼) of the total plot area. VIII) - do as per vi) -

vii) Any land belonging to the Government, semi Government, MCGM and MHADA (either vacant or built upon) which have been given on lease or as Occupant Class II which falls within the proposed Urban Renewal Scheme shall stand transferred for the project subject to payment of premium at the rate of 25% of the Ready Reckoner rate of that year. IX) - do as per vii) - Add: Further, the norms relating to the tenure and

amalgamation of plots whether, freehold or leasehold plots in the area to be redeveloped should be relaxed, to facilitate easy valuation, amalgamation and conversion as decided by SPA.

Explanation:- Currently the lands consist of both freehold and leasehold lands, having different tenures and arrangements. Once the area to be developed is declared, amalgamation of such lands/plots will not be allowed. Hence to make redevelopment of these areas feasible and viable amalgamation of the plots and the tenure should be relaxed and the leasehold plots should be converted to freehold plots.)

1.2. If the scheme includes cess buildings as well as Municipal

buildings, the authority having larger built up area will be the Project Authority.

1.2 - do - 2. Eligibility for Urban Renewal Scheme :

a. Buildings :

i. No new tenancy created after 13/6/96 shall be considered. Further unauthorized construction

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made in buildings shall not be considered while computation of existing FSI. A certified inspection extract of the Corporation for the year 1995-96 or Courts order proving the existence of tenements prior to 13.6.96 shall be considered adequate evidence to establish number of tenements.

No new tenancy created after 30/11/2004 shall be considered. Further unauthorized construction made in buildings shall not be considered while computation of existing FSI. A certified inspection extract of the corporation for the year 2004-2005 or Courts order proving the existence of tenements prior to 30/11/2004 shall be considered adequate evidence to establish number of tenements. However, other proofs like electric bills, electoral identity, school leaving certificate, details of bank accounts, birth or death certificate, PAN cards, passport etc should be considered for the purpose of existence of tenancy / occupation. The irregular constructions which are not regularized prior to this notification should be regularized on payment of 10% of the Ready reckoner rates by the occupant. In respect of tenements that are existing prior to this date, but not having adequate proof of existence of occupancy, should be considered for rehabilitation area factor without incentive FSI on that area. The terms “tenant” and “deemed tenant” shall have the meaning assigned to them under the Maharashtra Rent Act, 1999. The term “Occupier” shall have the meaning assigned to it under the MHADA Act.”

Explanation: Many of the irregular constructions were in existence for many years and are not regularized. Regularizing such irregular constructions will add to the revenue of the government besides paving the way for a lesser chance of obstacles being created by these people

ii. The number of tenements and its area of occupiers of

existing structures whose names are included in the list of occupiers are to be verified by the officers authorized by MHADA/ MCGM and certified by the Competent Authority as notified by Government.

(ii) - do -

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iii. Mezzanine floors constructed prior to 13.06.1996 and regularized subsequently will be eligible for rehab and incentive FSI. Mezzanine floor as on the date of this notification coming into force will be considered for rehabilitation and incentive FSI and regularized on payment of 10% of the Ready Reckoner rates by the occupants

(Explanation: The cutoff date of June 1996 is unrealistic. Most of the irregular mezzanine constructions have been in existence for many years. Further most of these irregular constructions were pending regularization under the last government due to the structural engineer’s certification. If the cut off date is retained as suggested by the notification, the tenants having such irregular mezzanine constructions will oppose the entire scheme. Almost 80 % of the tenants have such mezzanine constructions. As such the scheme will be a non starter from the inception itself. Keeping in mind the interests of the residents and the city at large, to enable full scale development, it is essential to relax the cut off date. )

b. For slum Areas :

i. All the inhabitants of existing structures whose names

and structures are included in the Assembly Election roll of 1/1/1995 or such other reference date notified by the Government or a date prior thereto and who are staying there at.

– do -

ii. A structure shall mean all the dwelling areas of all

persons who are enumerated as living in one numbered house in the electoral roll of the latest date, upto 1st January 1995 and regardless of the number of persons, or location of rooms or access.

A structure shall mean all the dwelling areas of all persons who are enumerated as living in one numbered house in the electoral roll of the latest date, upto 1st January 1995 or on any cut off date as notified by Government and regardless of the number of persons, or location of rooms or access.

iii. The eligibility of the participants will be certified by the

Competent Authorities as notified under the

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Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

– do as per iii)-

3. a) Redevelopment or Reconstruction under Urban Renewal Scheme may be permitted under Joint Venture with MHADA/MCGM in pursuance of an irrevocable written consent by not less than 70 percent of the eligible tenants/occupiers involved in the Urban Renewal Scheme or as provided in MHADA Act, 1976. If MHADA/ MCGM undertakes development directly then consent of 70% tenants/occupiers for reconstruction or redevelopment is not required.

Reconstruction or redevelopment of old cessed and non cessed buildings under cluster development / Urban Renewal Schemes in Island City, undertaken by the Maharashtra Housing & Area Development Authority or Municipal Corporation of Gr. Mumbai either departmentally or in a joint venture with developers along with land owners and/or Co-op. Housing Societies of tenants, tenants/occupiers of buildings / Co-op. Housing Society of hutment dwellers therein may be permitted in pursuance of an irrevocable written consent by not less than 60 percent of the consolidated tenants/occupiers involved in all the buildings located in notified area of the Urban Renewal Scheme or as provided in MHADA Act, 1976.

(Explanation: Reducing the percentage of consent required is more practical in the present scenario. In view of the suggestions made above the word “eligible” is redundant. In the interest of equity, same norms as are applicable to the Joint Venture regarding consent should be applicable for development carried out by the concerned authority. The concerned authority cannot be given blanket powers to decide to develop properties without any consent of the affected persons. This will give rise to litigation which would defeat the entire purpose of the scheme.)

b) All the occupants / tenants of the building shall be accommodated in the redeveloped building.

4. Each occupant/tenant shall be rehabilitated and given the

carpet area occupied by him for residential purpose in the old building subject to the minimum carpet area of 27.88 sq. mt. (300 sq. ft.) and maximum area equivalent to the area occupied in the old building. In case of non-residential occupier, the area to be given in the reconstructed building will be equivalent to the area occupied in the old building.

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Each occupant/tenant shall be rehabilitated and given the carpet area occupied by him for residential purpose in the old building subject to the minimum carpet area of 46.45 sq. mt. (500 sq. ft.) and maximum area equivalent to the area occupied in the old building. In case of non-residential occupier, the area to be given in the reconstructed building will be equivalent to the area occupied in the old building, if the area is over 300 sq ft. For areas less than 300 sq ft, the occupier should get at least 20% more to the next slab of 50 sq ft. For example if the present area is 24 sq ft then they should get 24 + 20% = 28.8 and therefore to the next 50 sq ft slab which is 50 sq ft. Similarly, if the occupant is using 190 sq ft, then they should get 190 + 20% =228, therefore 250 sq ft.

Once the area of rehab to be given to the occupier is frozen, no additional area shall be granted. Any such additional area given shall be considered as unauthorized.

(Explanation: To ensure that people have a decent and improved standard of living, a minimum area of 500 sq. ft. is proposed to be given. Giving a area below the proposed area will lead to people living in the same crammed and crowded condition as is prevalent today and will defeat the purpose of the scheme. By giving a larger area no additional burden is created on the infrastructure because the density of population within that area will be the same as before. To improve the economic and social condition of the area under development, it is proposed to provide the non residential occupiers, area as proposed. This will provide the occupiers and residents and business people in that area with sufficient incentive and confidence in the Scheme to ensure its implementation and smooth transition. This will especially benefit the small businesses and traders. Giving areas in multiples of 50 will also allow for rational planning of buildings and markets. Also, for the smooth implementation of the scheme and to protect the developer from illogical and unfair demands, it is necessary to impose the condition that no additional area be given)

Provided that, if the carpet area exceeds 27.88 sq. mt. (300 sq. ft.) then the Developer/Society has to pay (a) for 27.88 sq. mt. to 70 sq. mt. carpet area – 50% of cost of construction. (b) for the carpet area exceeding 70 sq. mt. – Cost of construction to the concerned Project Authority. The cost of construction shall be fixed by Govt. from time to time. However, the carpet area exceeding 70 sq. mt. shall not be considered for incentive FSI.

The above para should be deleted. (Explanation: Since the Developer is constructing and allotting the rehab tenements free of cost, charge in the name of construction cost are unreasonable. This will take away the

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incentive to the Developers to carry out such development work. Moreover, the benefit of incentive FSI should not be prohibited but considered. The incentive F.S.I as proposed is taking into consideration cost of construction, expenses incidental to the scheme, cost of transit accommodation, and general development of the site. As such restricting the incentive for areas above 70 sq.mts. will vitiate the economics, thereby making the scheme non viable and a non- starter. Moreover the incentive F.S.I will be utilized to allot larger rehab components and will not lead to higher density in the said area. As such there will be no additional load on the infrastructure.

The slum dwellers shall be eligible only for 25.00 sq. mt. (269 sq. ft.) carpet area.

5. The FSI for rehabilitation of the existing tenants/occupiers in a

redevelopment / reconstructed building, owners share, Corporation/MHADA’s share and incentive FSI shall be as under:-

a. The total permissible FSI shall be on gross plot area excluding reservations/designations, but including the built up area under reservation/designation. The total permissible FSI shall be on gross plot area including reservations/designations except existing vacant reservation with full utilization of FSI on reservation area. The provision of DC rules shall apply for vacant plots with reservations. (Explanation: Similar provisions exist in Regulation 33(7) and 33 (10). In case of the schemes, the Corporation’s responsibility of clearing the encumbrances on the reservation plots will be taken up by the developers for clearing the reserved plots. As such the analogy of contravening structures in the Town Planning will apply in these schemes with the added advantage of getting the reservation cleared. )

Provided that in all the projects undertaken jointly with the land owners and/or Co-op. HSG Societies of tenants/occupiers of the buildings/Developer/Co-op. Housing Society of hutment dwellers therein where the rehab. FSI exceeds 2.50, MHADA shall get 5% of built up area free of cost. This additional area shall be included in rehabilitation area and incentive to the extent of 50% shall be available for this area.

The provision in the above para shall be applied to the

Cluster Development Scheme (CDS), but it shall not apply to the scheme under Urban Renewal Scheme (URS) because as

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provided in altered clause 10, developer is taking care of giving 1000 LIG housing flats in 25 acres of Urban Renewal Scheme (URS) in a township form to MHADA and MCGM, it is not necessary to provide 5% of the built-up area flats to MHADA here.

b. The FSI for Urban Renewal Schemes in CRZ area shall be

governed as per the MOEF notifications issued from time to time.

c. The incentive FSI admissible against the FSI required for rehab shall be as under :

i) Where the total area of amalgamated plots is between

4000-8000 sq. mt. then the incentive FSI admissible will be 50%.

ii) Where the total area of amalgamated plots is between 8001-12000 sq. mt. then the incentive FSI admissible will be 60%.

iii) Where the total area of amalgamated plot is above 12001-16000 sq. mt. then the incentive FSI admissible will be 65%.

iv) Where the total area of amalgamated plot is above 16001 – 20000 sq. mt. then the incentive FSI admissible will be 70%.

v) Where the total area of amalgamated plot is more than 20000 sq. mt. then the incentive FSI admissible will be 75%.

The incentive FSI admissible against the FSI required for rehab shall be as under : i) Where the total area of amalgamated plots is between

4000- 20000 sq. mt. then the incentive FSI admissible shall be 90%. (1-5 acres)

ii) Where the total area of amalgamated plots is between

20001-40000 Sq.mt then the incentive FSI admissible shall be 95%. (5-10 acres)

ii) Where the total area of amalgamated plot is above


iii) Where the total area of amalgamated plot is above


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vi) Where the total area of amalgamated plot is more than 80001- 100,000 sq. mt. then the incentive FSI admissible shall be 110%. (20-25 acres)

vii) Where the total area of amalgamated plot is more than

100001- 400,000 sq. mt. then the incentive FSI admissible shall be 120%. (25 -100 acres)

viii) Where the total area of amalgamated plot is more than 400001- 800,000 sq. mt. then the incentive FSI admissible shall be 125%. (100- 200 acres)

ix) Where the total area of amalgamated plot is more than

800,000 sq. mt. then the incentive FSI admissible shall be 130%. (over 200 acres)

(Explanation: The FSI incentive given above is grossly inadequate, especially when you compare the F.S.I granted under the DCR 33(7). Under DCR 33(7) the incentive offered for a single plot is rehab + 50% F.S.I, for 2-5 plots, rehab + 60% F.S.I is given & for more than 5 plots, Rehab +70% F.S.I is given. Hence the incentive as presently suggested for legitimate owners, occupiers and tenants is lesser than the F.S.I being granted to cessed buildings under DCR 33 (7). If the scheme under 33(9) as envisaged by the government is to succeed it requires planning and designing the scheme for larger areas where execution and implementation will be of the essence. In order to attract the interest and consent of the occupiers, plot owners, the incentive should be based on number of plots. i.e more the number of plots, more incentive should be given. Considering the same the aforesaid table should be revised as suggested above. In the schemes now proposed under the DCR 33(9) the developer in the JV will be expected to pay Rupees 7000/- per square metre for the FSI above 1.33 and handover 5% of the FSI 4.00 to MHADA, in the form of constructed tenements .Considering the additional liability which the developer will be bearing, the incentive FSI proposed in the notification is inadequate. Hence, the revised incentive FSI herein, requires to be considered on progressive basis.) If any new area is added and if there is change in the slab prescribed above, the incentive FSI for the additional area in the changed slab shall be determined as per the area falling the next slab. However, amalgamation of the plots shall not be permitted after completion of the scheme. d) In the proposal of maximum 4.00 FSI the permissible maximum FSI over and above “rehab + incentive” as per (c)

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above shall be shared between MCGM/MHADA and private developer in Joint Venture in the ratio of 1:0:5. e) In case of projects undertaken for reconstruction or redevelopment by MHADA or MCGM on its own, the land owners shall be compensated @ 5% of FSI 4.00 subject to a minimum of 500 sq. ft. built up area in the form of tenements from the incentive FSI. e) In case of projects undertaken for reconstruction or redevelopment in joint venture, the land owners shall be compensated @ 10% of the incentive FSI subject to a minimum of 500 sq. ft. built up area in the form of tenements from the incentive FSI. (Explanation: This will simplify the calculations and will give more benefit to the landlords and will bring in more compliance and acceptability as we have suggested the same on incentive F.S.I f) In the urban renewal scheme containing structures other than as mentioned in 1.1 above, for the land component area beneath such structure, the FSI shall be admissible as per rule No.32 and for remaining plot of land area the FSI shall be admissible as per 5(a) to (c) above. “In the Cluster Development containing structures other than as mentioned in 1.1 above, the admissible F.S.I shall be as per these regulations.

(Explanation: Since the structures specified other than 1.1 above are forming a part of the scheme and if redevelopment is to be taken up by demolishing the same then same FSI entitlements should be granted as per the regulations and not as per rule 32 (base FSI of 1.33). Suppose there are non cessed structures which is constructed after 1969 and which is obstructing the development thereby it is essential to rehab the occupants in this scheme then the norm of minimum area will also be applicable for such rehab component. The Joint Venture will have to provide housing with min. 500 sq. ft. to persons with sub standard areas i.e. 125 sq.ft. and less than that. In such case, the JV will have to provide such additional area from the admissible F.S.I availability. If the provision as suggested in the notification is retained it will make the scheme non viable. Moreover it will make the entire scheme unattractive to any Private Party contemplating entering into a JV with the concerned authority for the redevelopment.)

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6. From the entire FSI available under clause 5, entire rehab and MHADA’s share shall be allowed to be utilized on plot/plots under redevelopment scheme. In case of part of incentive FSI, is not proposed to be utilized on the same plot, the benefit of transferable development rights to be used in suburbs or extended suburbs as per D.C. Regulation No.34 appendix VII, shall be given. Even if the scheme partly includes slum, the TDR generated it will be considered at par with reservation TDR.

From the entire FSI available under clause 5, entire rehab and MHADA’s share shall be allowed to be utilized on plot/plots under redevelopment scheme. Incase of part incentive FSI is not proposed to be utilized on the same plot, the unutilized incentive FSI will be given at par with Heritage TDR instead of normal TDR.

7. Construction or reconstruction of slums/buildings falling

under reservations contemplated in development shall be permitted as under – a. Redevelopment/reconstruction in any zone shall be allowed

to be taken in site without going through the process of change of zone. However, for the industrial user, the existing segregating distance shall be maintained from the existing industrial unit.

b. Any land under non-buildable reservations, admeasuring only upto 500 sq. mt. may be cleared by shifting the existing tenants from that site.

c. If the area under non buildable reservation in the such area is more than 500 sq. mt. minimum 50% of the area under reservation shall be developed for same purpose subject to minimum of 500 sq. mt. and remaining land shall be allowed for development.

If the area under non buildable reservation in the such area is more than 500 sq. mt. minimum 50% of the area under reservation shall be developed for same purpose subject to minimum of 500 sq. mt. and remaining land shall be allowed for development, with full utilization of FSI on the reservation area. d. All the reservations in the Development shall be rearranged

if necessary with same area and same width of access road. e. For the reservation of parking lot on land, built up area

equivalent to zonal permissible FSI for area under reservation in that plot shall be made available free of cost for the Corporation or for any other Appropriate Authority.

f. For other buildable reservations on land, built up area equal to 60% area under reservation or existing built up area of

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the amenity whichever is more in that plot shall be made available free of cost for the Corporation or for any other Appropriate Authority.

8. 20% of the incentive FSI can be used for non-residential

purposes otherwise permissible in the DCR.

“The FSI after rehabilitation of existing tenants should be allowed for non residential purposes if it is permissible in DCR.” Explanation: (The above suggestion is more equitable. Suppose some of the area where the scheme is implemented has more non-residential, then the development ratio between residential and non-residential properties should be decided by the location and therefore by the JV)

9. An amount of Rs.7000/- per sq. mt. shall be paid by the

owner/developer/society as additional development cess for the built up area over and above the normally permissible FSI, for the rehabilitation and free sale components. This amount shall be paid to the Corporation in accordance with the time schedule for such payment as may be laid down by the Commissioner, MCGM provided the installments shall not exceed beyond the completion of construction. This amount shall be used for Scheme to be prepared for the improvement of infrastructure. The above development cess shall be enhanced @ 10.00% every three years. In the Cluster Development Scheme, an amount of Rs.7000/- per sq. mt. shall be paid by the owner/developer/society as additional development cess for the built up area over and above the normally permissible FSI, for the rehabilitation and free sale components. This amount shall be paid to the Corporation in accordance with the time schedule for such payment as may be laid down by the Commissioner, MCGM provided the installments shall not exceed beyond the completion of construction. This amount shall be used for Scheme to be prepared for the improvement of infrastructure. The above development cess shall be enhanced @ 10.00% every three years.

In the Urban Renewal Scheme, no amount will be paid by the developer, but it will be the obligation of the developer to create and augment infrastructure as specified and sanctioned by the SPA and for incase of amenities other than infrastructures like bridges, skywalks etc. Government will carry out with their funds as collected above from other cluster developers or give additional incentives to developers as mutually agreed upon to execute the same at developers cost.

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10. For smooth implementation of the redevelopment scheme undertaken by owners and/or Co-operative Housing Society of the tenants/occupiers, the temporary transit camps may be permitted on the same land or land situated elsewhere belonging to the same owner/developer with the concessions permissible under SRA project under Regulation 33(10) of these regulations. Such transit camps should be demolished within one month from the date of occupation certificate granted by the Corporation for the reconstructed/rehabilitation building. For smooth implementation of the redevelopment scheme undertaken by owners and/or Co-operative Housing Society of the tenants/occupiers, the temporary transit camps may be permitted on the same land or land situated elsewhere belonging to the same owner/developer with the concessions permissible under SRA project under Regulation 33(10) of these regulations. In case of URS, such transit camp should be vacated within 1 month from the completion of rehab buildings and then handed over to MHADA / MCGM as LIG housing free of cost and against that and for providing all township facilities and amenities including on social, engineering and architectural infrastructure 10% of additional FSI should be given to develop. The developer in case of 25 acres of URS will construct nearly 1000 LIG housing of 500 sq ft each for MHADA & MCGM. The number of these houses will increase on pro-rata basis of the area of development under URS. (Explanation: This will be help in ensuring smooth and relatively hassle free implementation of handing over of housing for MHADA and MCGM)

11. Non conforming activities – All activities which are existing shall be allowed to be relocated regardless of the non conforming nature of the activities except those which are hazardous and highly polluting and except in cases where the alternative accommodation have already been provided elsewhere by the Municipal Corporation.

12. Relaxation in Building and other requirements.

In case of tenement of 27.88 sq. mt. area for rehabilitation/additional tenement to be given to Repairs Board/Mumbai Board/MCGM following components are included. In case of tenement of 46.45 sq. mt. area for rehabilitation/additional tenement to be given to Repairs

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Board/Mumbai Board/MCGM following components are included.

12.1 A multi-purpose room shall be allowed with size upto 12.5 sq.

m. with a minimum width of 2.4 metres.

Add:- A multi-purpose room shall be allowed with size upto 12.5 sq. m. with a minimum width of 2.4 metres is applicable for flats that admeasures around 225 Sq. feet. The size and the minimum width should be increased in proportion with flat size of 500 Sq.ft.

Explanation:- The area specified as minimum of 28.7 area is inappropriate for any family to have comfortable living. The indoor living has three major activities, sitting or lounge which is multipurpose activity, sleeping which requires enough privacy & cooking which is a compulsory need of daily house hold. Toilets which are very inappropriate from hygiene & cleanliness aspects. Minimum areas for each activity as mentioned below, and apart from the indoor space some outdoor living is essential as part of living. For example for a carpet area of 500 Sq.feet the carpet area for various activities are given below

AREAS ACTIVITIES

Carpet area ( 14 sqmtr.)

3.5m x 4m For living & dining


3.5m x 4m For sleeping


3m x 3m For cooking


2.5m x 2m For toilets

Connecting corridor area within the house

4.45 sqmtr. -

TOTAL 46.45 SQMTR. (500 sqft.)

-

12.2 Separate kitchen shall not be necessary. Cooking space (alcove) shall be allowed without any minimum size restrictions. Where a kitchen is provided, the minimum area

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shall be 5 sq. mt. provided the width shall be at least 1.5 metres.

Separate kitchen should be compulsory given for every tenement under rehabilitation in the cluster redevelopment scheme. Where a kitchen is provided, the minimum area shall be 8 sq. mt. provided the width shall be at least 3 metres for tenements of flat size of 500 Sq.ft

12.3 There shall be no size restrictions for bath or water closet unit. Moreover for bathroom, water closet, there shall be no stipulation of one wall abutting open space etc. as long as artificial light and ventilation through any means are provided.

The idea of artificial lights to toilets should not be entertained as it requires artificial ventilation which is difficult to maintain & consume electric energy. There should be stipulation of one wall abutting open space and natural light should be encouraged instead of artificial light.

12.4 In water closet, flushing cisterns shall not be essential and toilets without this provision may be permitted. Water closet seat shall be of minimum 0.46 sq. metres.

In water closet, flushing cisterns shall be essential and toilets without this provision shall not be permitted. Water closet seat shall be of minimum 0.46 sq. metres.

12.5 A septic tank filter bed shall be permitted with a capacity of 150 litres per capita where the municipal services are likely to be available within 4.5 years.

A Sewerage line should be connected with the new rehab property instead of septic tank filter bed. The Municipal services such as new Sewerage line, Drainage line, Rain water harvesting system, sewerage treatment plant, waste water recycling system should be in place before the tenants are shifted to new rehab flats. Provisions must be made to connect it to the main sewage drains. In fact, when we are thinking and talking about high rises, septic tanks are a strict no-no. Apart from the accessibility and regular solid waste management required, host of other problems come up. Moreover, a 25 percent electric requirement should be taken from renewable sources and the responsibility is of builder who undertakes the cluster redevelopment scheme

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and Urban Renewal scheme. Rain water harvesting below each building in a block should be insisted.

12.6 The minimum plinth height shall be 30 cm. and in areas subject to flooding the plinth shall be higher than the high flood level. The minimum plinth height should be 60 cm if proper slopes are provided and regular site slopes are catered to for water to be drained out.

12.7 The staircase/s shall be of dog legged type. If a single flight staircase is accepted, the flight width shall not be less than 1.5 mt. However, if two or more staircases are provided the flight width may be reduced to 1.2 mt. in such case, provided that both the staircases shall be interconnected by means of common passage/corridors so as to serve as alternate means of access/escape in the event of emergency for buildings upto 24 mt. height. In case of URS, all provisions which satisfies the specifications of towers should be provided for rehab buildings

12.8 The calculation of FSI for all purposes shall be on gross area i.e. without deducting any percentage for recreation open space. This shall not affect the requirement of physical open space keeping aside the said recreational open space on site as per the prevailing D.C. Regulations. 12.8 The calculation of FSI for all purposes shall be on gross area i.e. without deducting any percentage for recreation open space. This shall not affect the requirement of physical open space keeping aside the said recreational open space on site as per the prevailing D.C. Regulations. Provided that the common open recreational space is decided on the planning stage itself and keeping it mandatory.

12.9 The provisions in DCR 38(22) relating to balcony will apply to the scheme with the following modifications. There shall be no restriction on zone and balcony shall not reduce marginal open space to less than 1.5 metres. For calculation of area of 27.88 sq. mt. the area of the balcony shall be included. 12.9 The provisions in DCR 38(22) relating to balcony will apply to the scheme with the following modifications. There

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shall be no restriction on zone and balcony shall not reduce marginal open space to less than 1.5 metres. For calculation of area of 27.88 sq. mt. the area of the balcony shall be excluded

Explanation:-The area of the balcony should be excluded. There are activities like outdoor sitting, drying clothes etc., hence 10% of the area should be balcony beyond the carpet area mentioned above ie. 28.0 + 2.8 = 30.8 sq mts has to be the minimum carpet area of any house. The balcony space should be separate, because planning in 27.88 sqmtrs. makes the individual spaces too small and even for areas of 500 square feet. There can be an element of manipulation of giving less area if the balcony is included as basically balcony is not included in computation of FSI in island city.

12.10 Areas of common passages not exceeding 2.00 mt. in width, provided in rehabilitation component and Repairs Board/MCGM component to give access shall not be counted towards FSI.

Areas of common passage should be atleast 2.5 mtrs in

width

12.11 Front and marginal open spaces, for a building having height upto 24.0 mt. in the rehab component or composite building shall be 3.6 mt. for these buildings.

12.12 Notwithstanding the provisions in DC Regulation 29 (Table 10) where the location of the plot abuts DP Road having width of 18.3 mt. and above, the front marginal open space shall not be insisted upon beyond 3.6 mt. provided, it is not an express highway of road wider than 52 mt. Notwithstanding the provisions in DC Regulation 29 (Table 10) where the location of the plot abuts DP Road having width of 18.3 mt. and above, the front marginal open space shall not be insisted upon beyond 4.5 mt. provided, it is not an express highway of road wider than 52 mt.

12.13 Where the location of the plot abuts a trained nallah, the marginal open space along the nallah shall not be insisted upon beyond 3.6 mt. from the edge of the trained nallah. Or as per requirement of SWD department of MCGM whichever is greater.

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Where the location of the plot abuts a trained nallah, the marginal open space along the nallah shall not be insisted upon beyond 5.0 mt. from the edge of the trained nallah. Or as per requirement of SWD department of MCGM whichever is greater.

12.14 The distance between any two rehabilitated buildings shall not be less than 4.5 mt.

The distance between any two rehabilitated buildings or two sale components or rehab plus sale component should be atleast 9 mtrs.

12.15 If the height of building is more than 24 mt., 6 mt. wide marginal open space or as per the requirement of CFO whichever is greater shall be considered.

Fire refuge areas above 24 mt. should be as per National Building Code.

12.16 A composite building shall contain at least 50 percent of the built up area as rehabilitation component. 12.16 A composite building shall contain at least 50 percent

of the built up area as rehabilitation component. This will not apply to URS, as the separates towers are to be constructed for composites rehab units.

12.17 Wherever more than the minimum front and marginal spaces have been provided, such additional area provided may be considered as part of the amenity open space in the project comprising both rehabilitation and free sale components, and without charging any premium, in relaxation of the stipulations in D.C. Regulation No.23 wherever necessary.

12.18 Pathways and means of access – The ratio between the length of the pathway and the width thereof shall be as follows.

Length Width Upto 20 metres 1.5 metres 21 to 30 metres 2.0 metres 31 to 40 metres 2.5 metres 41 to 50 metres 3.0 metres

Points 12.18 to 12.25 should be rewritten and reconsidered

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Explanation:-We would like to state that most of the proposed provisions for relaxation and building requirements are taken from Appendix IV of the Development Control Regulations for slum dwellers and pavement dwellers. Provisions from 12.1 to 12.18 mentioned in the proposed modification of DCR 33(9) is for slums and pavement dwellers. we suggest that a seperate, independent better provisions are needed for relaxation and building requirements on cluster redevelopment and Urban Renewal Scheme for the benefit of tenants. Tenants cannot be at par with slum dwellers and pavement dwellers so better & executive living standard and building requirements and amenities are to be decided in conjunction with SPA needed for the cluster redevelopment and Urban Renewal scheme.

12.19 Between the dimensions prescribed for the pathway and marginal distances, the larger of the two shall prevail. The pathway shall act as access wherever necessary. The building shall be permitted to touch pathways.

12.20 The means of access shall be normally governed by provisions of DC Regulation No.22. However, in the project wherever the design of the buildings up to 24 mtr height in the same land requires relaxation, it may be given. High rise building shall be permitted only on access having width of 9 mtrs.

12.21 Even if the recreational open space is reduced to make the project viable, a minimum of at least 10 percent of plot area shall be provided as recreational open space. In addition to this 10 percent of plot area shall be earmarked for amenity space which can be adjusted against the DP reservation if any.

12.22 Premium shall not be charged for exclusion of staircase and lift well etc. as covered under the provisions of DC Regulation 35(2)(c ).

12.23 In order to make the urban renewal scheme viable, the Municipal Commissioner shall be competent to sanction any relaxation in marginal open spaces wherever necessary due to bonafide hardship, for reasons to be recorded in writing which shall not affect general and fire safety requirements.

12.24 All relaxation outlined hereinabove shall be given in the rehabilitation component and also to the composite buildings in the Project Premium shall not be charged for all or any of the relaxations given hereinabove or for any other mentioned in DC Regulation 35(2) (c ).

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12.25 The parking in the scheme shall be provided @ two times the requirement of captive parking given in the provisions of DCR or one car park per tenement of sale component, whichever is higher. Add 12.26 No direct pipe should be allowed on external wall which is the most ugly sight of many buildings, there have to be pipe ducts & no pipes should be exposed in the building.

12.27 All fire fighting norms should be followed Garbage chutes must be insisted in each building with garbage collection rooms on ground floor.

12.28 Architectural projections beyond building line should be allowed of 750 within the open space.

12.29 All elevations of the building should be compulsory submitted for approval & architectural control on development should be insisted.

12.30 Staircase widths & common passage should not be less than 1.5 mtr. Width (the width of the passages should be 2 mts.)

12.31 The facilities and amenities to be given within the premises are Ceramic flooring with skirting in living room, bedroom and kitchen Granite kitchen platform with stainless steel sink, Full height color ceramic tiles in toilet with white sanitary ware, Medium sized wash basin in toilet, Concealed copper plumbing with good quality C P fittings, Concealed copper wiring with adequate points in each room with good quality electric switches, Aluminium sliding windows, Teak wood finish main door with decorative moldings, Internal flush doors with both sides laminated, RCC loft over bathroom and PVC water tank

13. The approving/sanctioning authority for the building plans

under the scheme will be Municipal Commissioner as per the MMC Act & MRTP Act, even if the scheme partly consists of declared slums/slums on Municipal lands prior to 1.1.1995 or such other reference date notified by the Government.

14. The proposals & plans to the MCGM will be submitted by

MHADA along with Joint Venture Agreement.

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The proposals & plans to the Special Planning Authority or in case of absence of SPA, then the plan will be submitted to MCGM by Project Authority along with Joint Venture Agreement.

15. Religious structures existing prior to redevelopment if allowed in accordance with the guidelines issued by Government from time to time as part of redevelopment, shall not exceed the area that existed prior to redevelopment.

16. The tenements constructed for rehabilitation shall not be

transferred by the tenant for a period of 10 years.

17. A Corpus fund is to be created by the Developer which will

take care of the maintenance of the building for a period of 10 years. A Corpus fund is to be created by the Developer which will take care of the maintenance of the building for a period of 10 years. The corpus fund should be based on present outgoing charges. In URS the interest on the corpus should take care of life time free maintenance at present rate only. Increase in maintenance owing to inflation will only have to be paid by tenants. For this purpose, additional 5% of incentive FSI shall be given to developers.

(Explanation: The corpus fund will be deposited in a financial institution and the interest of the capital amount will be utilized for the maintenance costs and therefore there is a need to cap it at existing rates and increase in tax and other charges will need to be paid by the tenants.

18. Those schemes for which approval has been given under DCR 33(7) and for which work has not yet started such schemes can be considered for approval under DCR 33(9) provided they satisfy all the conditions for approval under DCR 33(9). Those schemes for which approval has been given under DCR 33(7) and for which work has not yet started such schemes and the applications shall be converted for approval under DCR 33(9) and the applications shall satisfy all the conditions for approval under DCR 33(9). If any of the clusters falls within the notified area for the Urban Renewal Scheme, as far as the layout of the infrastructure is concerned, the same will conform to the Master Plan of the Urban Renewal Scheme. If the construction/ redevelopment

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of the cluster has already begun as per sanctioned plans, then the Master Plan for the Urban Renewal Scheme shall have to take the same into consideration. Only in case, there is no Urban Renewal Scheme in the area, will the plan of the cluster conform to the development plan. As such no further permission should be given under section 33(7) to make the cluster development possible as per new Housing Policy of Government of Maharashtra.

(Explanation: The city needs to be developed using holistic and integrated planning process. Therefore, only if larger areas are planned on the “Urban Renewal Scheme”, then only will wider roads, infrastructure, environment and other city building issues be taken up. Therefore wherever there are Urban Renewal Scheme’s plans and specifications drawn up, the cluster development scheme should become part of it in terms of planning of building site, transit site, open space and other considerations. As such for more detailing of all schemes under Urban Renewal Scheme, the same shall be decided in consultation with technical committee to be constituted & notified by Government of Maharashtra for recommendation of pilot project under Urban Renewal Scheme).

19. A High Power Committee will be constituted which will approve the schemes under DCR 33(9). On approval by this High Power Committee, the proposal will be submitted to MCGM for approval of plans. The Govt. will have the powers for any relaxations/modifications in the rules.

For Remaking of Mumbai Federation

Sd/- Lalit Gandhi Chairman

objections & suggestions for dcr 33(9)

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