G.R. dt.12th January, 2023 – Department of Housing- Sub- Kamathipura Cluster Redevelopment
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Regarding Cluster Redevelopment of old and dilapidated
Cessed and Non-Cessed Buildings, as well as Plots
comprised in Lane Nos. 1 to 15 of Kamathipura Area in
South Mumbai under Regulation 33(9) of the
Development Control and Promotion Regulations, 2034,
through MHADA
Government of Maharashtra
Department of Housing
Government Resolution No:-Baithak-2021/Pra.Kra.145/DuVaPu-1
6th Floor, New Administrative Building,
Hutatma Raj Guru Chowk, Madam Cama Marg,
Mantralaya, Mumbai-400 032
Date:-12th January, 2023
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Preface:-
The Kamathipura area in South Mumbai has unique identity with a history of more than two hundred years. Tenacity in work shown by the Telugu labourers who migrated from Andhra in the eighteenth century gave this area its identity of Kamathi and from the name of this laboring class this locality is called Kamathipura.Presently, most of the buildings in Kamathipura area have outlived their lifespan and these buildings stand in imminently dangerous condition.
There are about 943 cessed buildings in Lane Nos.1 to 15 of the Kamathipura area in South Mumbai, having about 8238 tenants/residents. These buildings are more than 100 years old. In this area, there are total 349 non-cessed buildings, 14 religious structures, 2 schools and 4 reserved plots. Besides, there are total 11 reconstructed buildings constructed by MHADA. Of 943 cessed buildings in this area, 180 buildings being dangerous, have been demolished up to ground storey and tenants/residents thereof have been relocated in Transit Camp of the Mumbai Building Repairs and Reconstruction Board. Of these, 123 buildings have been declared as beyond repairs under Section 88(3) of MHADA Act, 1976. Total area occupied by plots in this entire area aggregates to about 1,11,654 Sq.Mt. (27.59 Acres). Since the plots covered by buildings in this area are of very small size and narrow, their independent Redevelopment is not possible. If Cluster Redevelopment under Regulation 33(9) of the Development Control and Promotion Regulation, 2034 is implemented, it would lead to consolidated Redevelopment of the entire area and the residents would get safe houses of bigger size and the benefits of infrastructural facilities created in a planned manner. Hence, the Government contemplated the matter of carrying out Redevelopment of old and dilapidated cessed and non-cessed buildings and plots situated in Lane Nos. 1 to 15 of Kamathipura area under Regulation 33(9) of the Development Control and Promotion Regulations, 2034, through MHADA.
GOVERNMENT RESOLUTION:-
1. For carrying out Cluster Redevelopment of the old and dilapidated cessed and non-cessed buildings and plots situated in Lane Nos. 1 to 15 of Kamathipura area under Regulation 33(9) of the Development Control and Promotion Regulations, 2034 through MHADA, the Government has resolved as hereunder:-
1.1 In view of the fact that separate redevelopment of the old and dilapidated buildings in Kamathipura area is not possible under Regulation 33(7) of the Development Control and Promotion Regulations, 2034 and taking into consideration the representations made by the landlords and most of the tenants from the Kamathipura Redevelopment Committee, and the need to achieve simultaneous and appropriate redevelopment of the urban amenities and other infrastructural facilities in this area, sanction is hereby accorded for carrying out Cluster Redevelopment of the cessed and non-cessed buildings, as well as other buildings and plots included in the Cluster Redevelopment of Kamathipura area through MHADA, under Regulation 33(9) of the Development Control and Promotion Regulations, 2034.
1.2 Save and except the No-Objection Certificate hitherto granted by the Mumbai Buildings Repairs and Reconstruction Board under Regulation 33(7) of the Development Control and Promotion Regulations, for the redevelopment of cessed buildings in Kamathipura area, henceforth No-Objection Certificates shall not be separately issued for the Redevelopment of cessed buildings in Kamathipura area by the Mumbai Buildings Repairs and Reconstruction Board under Regulation 33(7) of the Development Control and Promotion Regulations.
1.3 For speedy implementation of the Cluster Redevelopment Scheme in Kamathipura area under Regulation 33(9) of the Development Control and Promotion Regulations, 2034 and for the grant of sanction for Plans and Maps thereof, the MHADA is hereby recognized as the Nodal Agency and Special Planning Authority. In this regard, the Department of Urban Development should issue necessary Notification/Order.
1.4 A Project Feasibility Committee comprising below mentioned Officers of the Municipal Corporation of Greater Mumbai and MHADA/Mumbai Buildings Repairs and Reconstruction Board is hereby constituted to scrutinize the proposals submitted by developers concerning Cluster Redevelopment of the old and dilapidated cessed and non-cessed buildings situated in Lane Nos. 1 to 15 of Kamathipura area in South Mumbai under Regulation 33(9) of the Development Control and Promotion Regulations, 2034, before their presentation to the MHADA in its capacity as Nodal Agency and Special Planning Authority.
[1] Chief Officer, the Mumbai Buildings Repairs and Reconstruction Board;
[2] Deputy Chief Engineer, the Mumbai Buildings Repairs and Reconstruction Board/concerned department of MHADA;
[3] Executive Engineer, Mumbai Buildings Repairs and Reconstruction Board/concerned department of MHADA;
[4] Assistant Commissioner, Municipal Corporation/concerned department of Municipal Corporation.
This Committee shall act in the matter of fixation of project area, fixation of eligibility of the residents from the project area, as well as required consent of residents/landlords for the Project (minimum 51%). To enable this Committee to discharge its prescribed functions necessary Officers from the concerned Authority can be inducted with prior sanction of the Government.
1.5 The following HighPower Committee is hereby constituted to grant sanction in such matters as required for the speedy and appropriate implementation of the Redevelopment Project comprising Cluster Redevelopment of the old and dilapidated cessed and non-cessed buildings situated in Lane Nos. 1 to 15 of Kamathipura area in South Mumbai under Regulation 33(9) of the Development Control and Promotion Regulations, 2034.
| 1. | Additional Chief Secretary/Principal Secretary, Department of Housing | President |
| 2. | Additional Chief Secretary/Principal Secretary, Department of Urban Development-1 | Member |
| 3. | Vice-President and Chief Executive Officer, MHADA | Member |
| 4. | Chief Officer, Mumbai Buildings Repairs and Reconstruction Board | Member Secretary |
Jurisdiction of this Committee shall be as hereunder:-
(1) To sanction proposals vis-à-vis Redevelopment of Kamthipura area under Regulation 33(9) of the Development Control and Promotion Regulations, 2034.
(2) To sanction Detailed Project Reports prepared by the MHADA by examining their feasibility.
(3) To take decision in the matter of appointment of developer for undertaking Redevelopment Project of Kamathipura area by adopting the Procedure laid down in Regulation 33(9) of the Development Control and Promotion Regulations, 2034.
(4) To control and review the Project, to coordinate with all other concerned Government Departments/Offices/Authorities and to take decision in the ancillary matters arising during the course of Project, so as to facilitate speedy Redevelopment of kamathipura area.
1.6 The following Project Monitoring Committee presided over by the Chief Secretary is hereby constituted for proper implementation of the Redevelopment Project concerning Cluster Redevelopment of the old and dilapidated cessed and non-cessed buildings situated in Lane Nos. 1 to 15 of Kamathipura area in South Mumbai, which is being undertaken by the MHADA under Regulation 33(9) of the Development Control and Promotion Regulations, 2034.
| 1. | Chief Secretary | President |
| 2. | Additional Chief Secretary/Principal Secretary, Department of Home | Member |
| 3. | Additional Chief Secretary/Principal Secretary, Department of Finance | Member |
| 4. | Additional Chief Secretary/Principal Secretary, Department of Urban Development | Member |
| 5. | Additional Chief Secretary/Principal Secretary, Department of Housing | Member |
| 6. | Additional Chief Secretary/Principal Secretary, Revenue Department | Member |
| 7. | Principal Secretary, Department of Law and Judiciary | Member |
| 8. | Commissioner, Municipal Corporation for Greater Mumbai | Member |
| 9. | Vice-President and Chief Executive Officer, MHADA | Member |
| 10. | Chief Officer, Mumbai Buildings Repairs and Reconstruction Board | Member Secretary |
Jurisdiction of this Committee shall be as hereunder:-
1] To resolve the problems/difficulties which arise during the course of Cluster Redevelopment of Kamathipura area undertaken by MHADA, as well as to resolve the differences amongst two or more departments which might arise vis-a-vis such Project.
2] If Kamathipura Redevelopment Area contains/is found to contain any government land, then to take decision for the transfer of such land to MHADA for the implementation of Project.
2.Functions of the Municipal Corporation for Greater Mumbai:-
(1) The Municipal Corporation for Greater Mumbai shall offer such assistance, aid and information to MHADA, as may be required for the implementation of this Project, from time to time. Furthermore, it shall make available records, maps, plans and such other documents for inspection and checking.
(2) Upon demand by the MHADA, the Municipal Corporation for Greater Mumbai shall provide copies of the Assessment List and other documents concerning its tax assessment and other matters. Such copies, shall be duly certified by such officer as the Municipal Corporation for Greater Mumbai, may authorise in this behalf.
(3) The Municipal Corporation shall provide such basic civic facilities and amenities as may be required for the Project.
3. The MHADA/Mumbai Buildings Repairs and Reconstruction Board should adopt the following procedure in Cluster Redevelopment of the old and dilapidated cessed and non-cessed buildings situated in Lane Nos. 1 to 15 of Kamthipura area in South Mumbai, which is being undertaken by the MHADA under Regulation 33(9) of the Development Control and Promotion Regulations, 2034:-
(1) To discharge requisite functions and duties in its capacity as the Nodal Agency and Special Planning Authority in conformity with the provisions of the Development Control Regulations and prevailing laws, vis-à-vis Cluster Redevelopment of Kamathipura area.
(2) To secure fixation of accurate area, maps and plans pertaining to Kamathipura area.
(3) To prepare Detailed Project Reports (DPR), to seek sanction therefor of the High Power Committee and to proceed with implementation thereof in accordance with the provisions of the MHAD Act.
(4) To submit proposed Plans/Maps of the Project to MHADA (Being Nodal Agency and Special Planning Authority) for the grant of sanction, to sanction maps in its capacity as the Special Planning Authority and upon grant of such sanction, to proceed with implementation of the Scheme and to grant all necessary sanctions thereunder by resorting to prevailing provisions of the MHAD Act, 1976 and Regulation 33(9) of the Development Control and Promotion Regulations, 2034.
(5) To initiate procedure for the appointment of Developer for undertaking Redevelopment Project of Kamathipura area with prior sanction of the High Power Committee and by adopting the procedure laid down in Regulation 33(9) of the Development Control Regulations.
(6) To initiate action pursuant to the decision of the Monitoring Committee presided over by the Chief Secretary in the matter of any ancillary difficulties/problems, which might arise during the course of Redevelopment Process.
(7) To obey such orders of the Monitoring Committee presided over by the Chief Secretary, the High Power Committee presided over by the Additional Chief Secretary/Principal Secretary, Housing, as well as the Government, as may be issued from time to time.
(8) To submit required proposals to the Government with a view to activating this Scheme.
4. This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 202301131058338309. This Resolution is attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra,
VALSA R NAIR SINGH – Digital Signature
[Valsa Nair Singh]
Additional Chief Secretary, Government of Maharashtra
Copy:-
1] The Secretary to the Hon’ble Governor (By Letter),
2] The Principal Secretary to the Hon’ble Chief Minister,
3] The Principal Secretary to the Hon’ble Deputy Chief Minister,
4] Private Secretaries to all Ministers, Mantralaya, Mumbai,
5] Hon’ble Leader of Opposition in the Legislative Council/Legislative Assembly, Maharashtra Legislative Secretariat, Mumbai,
6] All Hon’ble Members of the Legislative Assembly and Legislative Council,
7] The Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai,
8] The Additional Chief Secretary (Revenue), Department of Revenue and Forest, Mantralaya, Mumbai,
9] The Additional Chief Secretary, Department of Home, Mantralaya, Mumbai,
10] The Additional Chief Secretary (Finance), Department of Finance, Mantralaya, Mumbai,
11] The Additional Chief Secretary (UD-1), Department of Urban Development, Mantralaya, Mumbai,
12] The Additional Chief Secretary, Department of Housing, Mantralaya, Mumbai,
13] The Principal Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai,
14] The Principal Secretary, Department of Law and Judiciary, Mantralaya, Mumbai,
15] The Commissioner, the Municipal Corporation for Greater Mumbai, Mumbai,
16] The Vice-President and Chief Executive Officer of the Maharashtra Housing and Area Development Authority, Bandra, Mumbai,
17] The Chief Officer, the Mumbai Buildings Repairs and Reconstruction Board, Bandra, Mumbai,
18] The Chief Officer, the Mumbai Housing and Area Development Authority, Bandra, Mumbai,
19] The Director General, the Directorate of Information and Public Relations, Mumbai,
20] All Divisional Commissioners,
21] District Collectors, Mumbai City/Suburbs,
22] All Deputy Secretaries, Department of Housing, Mantralaya, Mumbai,
23] All Under Secretaries/Section Officers, Department of Housing, Mantralaya, Mumbai,
24] Select File-Desk-DuVaPu-1, For Record.
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[Text Translated by Adv. Prakash Manohar Chalke-
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