G.R. Dt. 23rd February, 2024 – Department of Housing – Sub- Redevelopment of Sindhi Refugee Colony at GTB Nagar, Sion
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Regarding Redevelopment of 25 Buildings of Sindhi Refugees at CTS Nos. 1/89, 2/89, 2/12 (P), GTB Nagar, Sion Koliwada
Government of Maharashtra
Department of Housing
Government Resolution No:- Sankirna-2023/Pra.Kra.29/GruNiPa,
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai-32
Dated 23rd February, 2024
Vide:-Letters from the Vice-President and Chief Executive Officer of the Maharashtra Housing and Area Development Authority, bearing No:-O.N.NiKaAa/Mum.Man/75/2023/, Dt. 10.01.2023 and 06.11.2023.
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Preface:-
There is a colony of Sindhi refugees at Sion-Koliwada, Mumbai, which comprised total 25 buildings. Of these, buildings Nos. 1 to 19 existed from the year 1958, whereas building Nos. 20 to 25 existed from the year 1962. These buildings were declared as dangerous by the Municipal Corporation for Greater Mumbai and presently, all these buildings have been razed to the ground. Hence, re-development of these buildings and allotment of self-owned house to the affected residents is the need of those residents. Hence, the proposal regarding Re-development of 25 buildings of Sindhi refugees situated at GTB Nagar, CTS Nos. 1/89, 2/89, 2/12(P), Sion-Koliwada through a Construction and Development Agency, received from the MHADA, vide his letter dt.06.11.2023, was under Government consideration.
Government Resolution:-
For the Consolidated/Cluster Redevelopment of 25 buildings of Sindhi refugees situated at GTB Nagar, CTS Nos. 1/89, 2/89, 2/12(P), Sion-Koliwada, the Government has resolved as hereunder:-
1. Sanction is hereby accorded for the implementation of Redevelopment Project pertaining to a proposal comprising 25 buildings of Sindhi refugees situated at GTB Nagar, C.S. Nos. 1/89, 2/89, 2/12 (P), Sion-Koliwada through a Construction and Development Agency (C&DA) appointed by the MHADA under Regulation 33(9) of the DC&PR, 2034.
2. For speedy implementation of the captioned Redevelopment Project under Regulation 33(9) of the DCPR, 2034 and for sanctioning Plans and Maps, sanction is hereby conferred upon the MHADA as the Special Planning Authority. In furtherance thereof, the Department of Urban Development should issue necessary Notification /Resolution.
3. Since the plot is to be redeveloped through a C&D Agency finalised by the MHADA under Tender System, the consent of minimum 51% tenants/residents of each building comprised in the Redevelopment Scheme as contemplated by the provisions of Regulation 33(9) or minimum 60% of the total tenants/residents for the purpose of Redevelopment is necessary. Moreover, as the submission of proposal calls for furnishing proof regarding Development Rights of 70% area the residents would be obliged to submit an Irrevocable Consent Letter to the MHADA in token of their consent for the Redevelopment through MHADA before implementation of such Redevelopment Project. Furthermore, sanction is hereby accorded for Tri-Partite Agreement amongst the land owner/residents/concerned housing society, MHADA and the Developer (C&DA).
4. Government sanction is hereby accorded for the implementation of the captioned Redevelopment Project on the premise that for the said Redevelopment Project a Construction and Development Agency (C&DA) offering to construct free of cost, the permissible Rehabilitation tenements and offering highest housing stock/premium to the MHADA against the minimum admissible housing stock/premium receivable by the MHADA and complying financial and physical terms of the Tender System, shall be appointed by the MHADA.
5. The responsibility of carrying out Rehabilitation of the existing residents of the project, making provision for the monthly rent or alternative accommodation and corpus fund, as well as developing infrastructural facilities under the Layout shall rest upon the C&DA appointed for the Redevelopment Project.
6. Under Regulation 33(9), permissible built-up area of a Redevelopment Project comprises Rehabilitation area, as well as saleable component area. From the point of view of planning, permission should be granted for assigning separate share of land, separate buildings on account of Rehabilitation Component, Saleable Component. However, where a separate sub-division is proposed, the MHADA, in its capacity as the Planning Authority, should ensure that the land-wise Floor Space Index shall not be imbalanced.
7. Sanction is hereby accorded for evolving eligibility criteria for the authorised residents and encroachment structures involved in the said Redevelopment Project, at the level of MHADA, in conformity with the provisions of Regulation 33(9).
8. Since this Project is proposed to be implemented by the appointment of C&DA through MHADA, the sale/distribution of PAP flats available as per Table “C” to Regulation 33(9) should be carried out in conformity with the Policy for the distribution of flats to project affected persons to be framed at the level of Government, by adhering to the Report submitted to the Hon’ble High Court, Mumbai and Government by the Action Force constituted under Government Resolution in the Department of Housing, Dt. 22.11.2023 pursuant to the order passed by the Hon’ble High Court in Writ Petition No.8973/2023.
9. The Housing Societies on this property should proceed to take action as laid down in the Government Resolution in the Department of Co-operation, Marketing and Textile, Dt. 04.07.2019 and submit their Consent Resolutions to the MHADA.
10. To monitor this project, for ensuring its speedy and proper implementation, as well as its tempo and for according necessary sanctions for the project as contemplated by Regulation 33(9), the following HighPower Committee (HPC) presided over by the Additional Chief Secretary, Housing is hereby constituted.
| 1] | Additional Chief Secretary/Principal Secretary, Department of Housing | President |
| 2] | Principal Secretary-1, Department of Urban Development | Member |
| 3] | Vice-President and Chief Executive Officer, MHADA | Member |
| 4] | Joint Secretary/Deputy Secretary concerned with the subject in the Department of Housing | Member |
| 5] | Chief Officer, Mumbai Housing and Area Development Board | Member Secretary |
Moreover, the matters such as appointment of Project Coordinator/Manager, Project Architect, Financial Consultant etc. in furtherance of the appointment of C&D Agency, invitation of Project Tenders, finalization of Tender, issue of directions for the control of project, resolution of difficulties/problems arising in the course of project, seeking guidance and sanction of the Government in the matters concerning implementation of the project as and when required, etc. shall fall within the operational scope of this Committee.
11. The recommendations to be received from the aforesaid constituted High Power Committee presided over by the Additional Chief Secretary/Principal Secretary, Department of Housing should be forwarded for the sanction of the Government and appropriate decision in that regard as warranted should be taken with the concurrence of the Department of Urban Development and sanction of the Government. Review of the work pertaining to Redevelopment Projects and their progress should be conducted once in 4 months by the High Power Committee.
12. Various co-operative housing societies exist in the aforesaid layout. A Grievance Redress Committee should be constituted at the level of the MHADA for the timely resolution of any existing problems of the local residents and co-operative societies vis-à-vis Consolidated Redevelopment of this Layout or any difficulties which may arise in future and to ensure that such difficulties would not have any adverse impact on the Consolidated Redevelopment of this Layout.
13. Sanctions and Allotment Letters previously issued for the Redevelopment of buildings comprised in this property should be treated as having been revoked.
14. A Consolidated/Cluster Redevelopment is to be carried out on this property. Hence, Planned Redevelopment of the infrastructural facilities comprised therein is equally important which is feasible in the Consolidated/Cluster Redevelopment. Hence, proposals for the Redevelopment/Self-Redevelopment of standalone buildings comprised in this property should not be taken into consideration.
15. The Department of Housing shall have the powers to make any ancillary changes for facilitating implementation of this Resolution.
3. 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 202402231447455409. This Government Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
ARVIND TULSHIRAM SHETE – Digital Signature
[Arvind Shete]
Under Secretary, Government of Maharashtra
To,
1] The Secretary to the Hon’ble Governor, Raj Bhawan, Mumbai(By Letter),
2] The Additional Chief Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
3] The Secretary to the Hon’ble Deputy Chief Minister-cum-Hon’ble Minister (Home), Mantralaya, Mumbai,
4] The Secretary to the Hon’ble Deputy Chief Minister-cum-Hon’ble Minister (Finance and Planning), Mantralaya, Mumbai,
5] The Private Secretary to the Hon’ble Minister (Housing), Mantralaya, Mumbai,
6] Hon’ble Leader of Opposition in the Maharashtra Legislative Assembly, Maharashtra Legislative Secretariat, Vidhan Bhawan, Mumbai,
7] Hon’ble Leader of Opposition in the Maharashtra Legislative Council, Maharashtra Legislative Secretariat, Vidhan Bhawan, Mumbai,
8] All Members of the Legislative Assembly/Legislative Council,
9] Hon’ble Chief Secretary, Maharashtra State,
10] Additional Chief Secretaries/Principal Secretaries/Secretaries of all Administrative Departments,
11] The Commissioner, the Municipal Corporation for Greater Mumbai, Municipality Office, Mumbai,
12] The Commissioner for Co-operation, Maharashtra State, Pune,
13] The Vice-President and Chief Executive Officer, (MHADA), Griha Nirman Bhawan, Bandra (East), Mumbai,
14] The Chief Officer, Mumbai Housing and Area Development, Griha Nirman Bhawan, Bandra (East), Mumbai,
15] The Accountant General (Accounts & Entitlement), Maharashtra-1, Mumbai/Maharashtra-2, Nagpur,
16] The Office of the Accountant General (Audit), Maharashtra-1, Mumbai/Maharashtra-2, Nagpur,
17] All Deputy Secretaries/Under Secretaries/Section Officers in the Department of Housing,
18] Select File (GruNiDho), Department of Housing, Mantralaya, Mumbai.
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[Text Translated by Adv. Prakash Manohar Chalke-
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