Conditions Prescribed under Regulation 52 of the D.C. Regulations for Greater Mumbai, 1991, for the Redevelopment of an existing Cinema/Theatre
[TPB. 43901/1103/CR-53/92/UD-11 (RDP), dated 10.03.1992 (M.G.G. Konkan Division, dated 26th March, 1992, page 381)]
Conditions Prescribed:-
In accordance with the provisions contained in the second and third proviso to the Regulation No. 52(8)(i) of the said Regulations (DCR, Mumbai), following conditions are prescribed and shall apply in the case of redevelopment of an existing cinema/theatre:-
(I) Seating capacity.— In case of redevelopment of an existing cinema/theatre on a designated/allocated plot, in addition to other users which are to be permitted, a cinema/theatre having seating capacity as specified below shall have to be provided:
| Seating capacity of old or existing cinema/theatre | Seating capacity to be provided in redevelopment of the cinema/theatre |
| (a) Cinema/theatre with 1001 seats and above | 40% of the number of seats in the old existing cinema/theatre. |
| (b) Cinema/theatre with 1000 seats or less | 33% of the number of seats in the old existing cinema/theatre and in any case not less than 150 seats. |
| (c) Twin cinema/theatre on one plot | Seating capacity in the redevelopment of cinema/theatre shall be based on the percentages in (a) or (b) above to be calculated on the basis of only the cinema theatre, which has large capacity. |
Provided that where in a redevelopment proposal, seating capacity, according to the percentages prescribed above, cannot be provided on account of size of the plot, the seating capacity of the redevelopment of the cinema/theatre shall be at 3 sq.m. per seat including parking requirement as prescribed in Table-5 below sub-regulations (3) of Regulation 21 of the said Regulations.
(II) Closed Cinema/Theatre.—
(i) Redevelopment of an existing cinema/theatre which is authorisedly closed prior to the date of this notification for which redevelopment permission has not been granted and no work started, shall be allowed with a cinema/theatre user, with reduced seating capacity in accordance with condition (i) above, in addition to other permissible users.
(ii) where the redevelopment permission, for an existing cinema/theatre on plot allocated or designated for a cinema/theatre which is authorisedly closed has been already granted retaining existing capacity of the old cinema/theatre, along with other permitted mixed users, but no redevelopment has commenced or where the redevelopment has commenced but not been completed, the redevelopment may be allowed subject to the conditions specified in this Notification.
(iii) Where, the change of user of an existing cinema/theatre on a plot allocated or designated for a cinema/theatre, which is authorisedly closed, has been granted by the Planning Authority prior to the date of this Notification, with other authorised permissible users exclusive of cinema/theatre user, the conditions in this Notification shall not be applicable.
(III) Redevelopment permission for an existing Cinema/Theatre on a plot allocated/designated for a Cinema/Theatre, granted by Government, but where no such redevelopment commenced till the date of this Notification.— In such cases, where orders of Government in the Urban Development Department have already been issued allowing redevelopment of an existing cinema/theatre on a plot allocated/designated for a cinema/theatre for other permissible users, according to the said Regulations, without providing for cinema/theatre users, and where redevelopment permission has not been granted, or where redevelopment has not commenced, provision shall have to be made in the redevelopment for cinema/theatre user, with a seating capacity of not less than 150 seats irrespective of the provisions in clause (I).
(IV) Land use classification and uses permitted.—
(i) Irrespective of the zone in which the designated plot, where the cinema/theatre is existing, redevelopment shall be allowed, assuming that the said plot is in the Local Commercial Area/Zone (C-1 Zone), and the provisions of Regulation No.53 of the said Regulations shall be applicable subject to other conditions prescribed in this Notification.
(ii) In the wards of the Island City of Bombay, new office user shall not be permitted, in a redevelopment proposal of an existing cinema/theatre. Such office user shall be permitted in combination with the cinema/theatre user only to the extent the latter user was authorisedly in existence before the redevelopment and prior to coming into force of the said Regulations.
(iii) Residential user in combination with that of cinema/theatre in a redevelopment proposal of existing cinema/theatre shall be permissible even in the same building subject to the following:-
(a) redevelopment shall have to conform to such measures (including any special measures) as prescribed by the Municipal Commissioner in regard to fire prevention, protection and safety;
(b) means of escape in the case of an emergency shall have to be provided to the satisfaction of the Municipal Commissioner;
(c) between cinema/theatre development and residential development there shall be effective vertical separation against spread of fire;
(d) separate entry and exit shall be provided for the residential user;
(e) parking requirements as prescribed for each type of user prescribed in the said Regulations shall have to be provided.
The following shall not be permitted in combination with that of a cinema/theatre in the same building:-
(a) Maternity Home and Hospital;
(b) Municipal Primary School;
(c) Secondary School, College, Polytechnic, Technical School;
(d) Bakery, Confectionery, Coal and Firewood shops; and
(e) Any other user as may be deemed fit by the Commissioner.
(V) Floor Space Index.— Irrespective of the zone in which the plot of the existing cinema/theatre is situated, the floor space index for redevelopment of the plot of the cinema/theatre and of other permissible users taken together shall be as follows:-
| (a) | Island City of Bombay | 1.33 |
| (b) | Suburbs and Extended Suburbs (except ‘M’ Ward) | 1.00 |
| (c) | ‘M’ Ward | As specified in the said Regulations. |
In case of redevelopment of an existing cinema/theatre, permissible users according to the said Regulation shall be allowed within the permissible Floor Space Index, even if the Floor Space Index consumed by the existing cinema/theatre was more than what is stipulated above. The floor area earlier authorisedly permitted for office user shall be allowed as part of redevelopment.
(VI) Fire Fighting Provisions.— in case of redevelopment of an existing cinema/theatre on the plot designated/allocated in the Development Plan, the provisions in Regulation No. 43 and Appendix VIII of the said Regulations shall be strictly followed. In addition, a separate No Objection Certificate shall be obtained from the Chief Fire Officer, Bombay Municipal Corporation for following purposes:-
(a) Provision of effective vertical separation against spread of fire;
(b) Provision of proper means of escape in case of emergency;
(c) Provision of measure for fire prevention and fire protection;
(d) Provision of separate entry and exit for cinema/theatre and other occupancies.
(VII) Relaxation in cases of redevelopment of an existing cinema/theatre on the plots designated/allocated in the revised development plan of Greater Bombay.— The Municipal Commissioner may exercise the discretionary powers under Regulation 64(b) of the said Regulations wherever need arises only with the prior approval of the Government in such cases.
(VIII) Applicability of all other regulations.— In addition to the above, the provisions of all other Regulations in the said Regulations shall be applicable in case of redevelopment or users of existing cinema/theatre on land designated/allocated for cinema/theatre.
*********************************************************************************************