(A Government of Maharashtra Undertaking)42-gs oJ-

No, MIDC/CP/ / z}r$Date: > ?, lo t nL

CIR.CT'LAR

sub: Guidelines for Recovery of compounding charges for permittingstructures and regulariiing already constructed structures inmarginal open spade. ..

Ref: I. Circular no. MIDC/CP/29 | dtt 08/02/ tggg.2. The Govemment Urban Development Department

Notification No. TpB/4308/cR-64/08ruD-t l dt: 3lro8r200g.

Whereas, with reference to rule no. 43 of DCR-1999, circular no. MIDC/Cp/2g1 dated0810211999 was issued to make suitable provision through administrative circular on the lines ofMumbai Municipal Corporation in order to remove the hardships faced by the allottees.

And whereas, the provisions are as follows:

Structures violating the rules with marginal encroachment in the open spaces may bepermiued by the Chief Executive Officer. MIDC, where such encroached portion does notexceed l0 per cent of the already constructed built up area or 40 sq.m. whichever is less, subjectto the condition that the compounding fees for regulation of the aforesaid encroachment shall berecovered as under;

And whereas, considering the provision in DCR regarding hardship and while givingconcession in marginal open spaces, above stated heavy penal charges are being recovered inorder to minimize the cases and to restrict the allottee to construct structures in marginal openspace. the above stated'Euidelines are for permitting conshrction in marginal open spaces byconsidering the hardship.

And whereas, 8s per approved revised DCR-2009, some structures are permissible inmarginal open spaces of the plots up to 5000 sqm arca only as per rule no. 24.6 in DCR_2009.But this concession is not available for the plots above 5000 sp.

And whereas, it has been represented by some ryplicarts that, some structures likeSuction Tank, Generator set, ETP, STP, Meter room, Electric Sub Station, Cooling Towers, pipestructures for carrying steanis and liquids from one plot to another plot as per requirement of tneunit etc are ancillary stuctures, which needs to be constructed by plot holder at specific locationas per requirement of concerned authority and need of the industry. In zuch cases, potholder'builds

these struchtres along compound wall. But, marginal distance is measured from compoundwall' Therefore, for the plots above 5000 sqm, constuction of these sfuctures ulong

"on'poundwall is treated as encroachment in marginal open space even though there is sufficient mareinal

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:

Indushial areas falling in Group - A 3 times the block rate Class-I construitionIndustial areas falling in Group - B 2 t/ztjmes the block rate Class-I constructionIndustial areas falling in GroupJ 2 times the block rate Class-I construct6nIndusqal areas fallinE in Group5 I % times the block rate Class-I constructionIndustial areas falling in Cnoup - D+ Block rAe Class-I construction

distance available in between above stated ancillary structures and factory building. Andwhereas, it is felt necessary to permit above stated ancillary structure along plot boundary subjectto condition that minimum 9 m distance is available between factory building and ancillarystuchre, required fol the movement of fire fighting vehicles.

Therefore, following guidelines are being issued for permitting structures in marginal openspaces ofplots.

1) with reference to provisions in rule no. 16 of DCR-2009, structures in marginal open

. space shall be regularized by giving concession as per rule no. 16 of DCR-2009 and byrecovering below mentioned compbunding charges, provided the relaxation will notaffect the health safety, Fire safety, structural safety & public safety ofthe in habitant ofthe building and the neighborhood.

A) Compounding charges for regularization of construction of factory buitding inmarginal open space

B) compounding charges for regularization of ancillary structures in marginal openspace having minimum 9m distance befween said structures and factory buildingfor plofs above 5000 sqm.

= 50 Yo of block rate for class I construction X Area of encroachment x 50%2) Powers to regularize construction up to 40 sq.m. in marginal open space are hereby

delegated to sPA with consent of local Divisional Fire officer and prior approval ofconcemed E'E where D.E', Assistant Planner, Assistant Architect is SpA and with priorapproval of S.E. where E.E. is SpA.

The proposal regarding regularization of constuction more than 40 sq.m. inmarginal open space with prior approval of Fire Departnent shall be submitted to Hon.C.E.O. fol approval through Chief planner.

' All sPA's are shall take necessary action is per above stated guidelines.

copy to Jt. c.E'o., Jt. c.E.o. (DMIC), Jt. C.E.O. (IT), MIDC for information.Copy to All HODs, MIDC for informationcopy to All cEs, sEs, EEs, Ros, and spAs for information and necessary action.

= Area of encroachment X 2 tim- th;blocmG=Areaof encroachmffi

ur Group - C, D, D+ = Area of encroachment X Btock rate

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