D.C. Regulations Mumbai- Modification Notifications
Cotton Textile Mills Notification dated 17th March, 2015- Regulation 58(1)(b)(v) of D.C. Regulation, Mumbai, 1991
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Maharashtra Regional & Town planning Act, 1966
Sanction to Modification to Regulation 58(1)(b)(v) of Development Control Regulations for Greater Mumbai,1991 under Section 37(2).
GOVERNMENT OF MAHARASHTRA
Urban Development Department,
Mantralaya, Mumbai 400 032
Dated:- 17th March, 2015.
NOTIFICATION
No. TPB-4312/CR-7/2012/UD-11:
Whereas the Development Control Regulations for Greater Mumbai, 1991 (hereinafter referred to as “the said Regulations”) have been sanctioned by the Government in the Urban Development Department, under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the said Act”) vide Notification No. DCR 1090/RDP/UD-11 dated 20th February, 1991 so as to come into force with effect from the 25th March, 1991.
And whereas, Regulation 58 of the said Regulation deals with the development or redevelopment of lands of Cotton Textile Mills, which has been modified (hereinafter referred to as “the said modified Regulation”) vide Urban Development Department’s Notification No. TPB-4320/516/CR-50/2000/Part-II/UD-11 dated 20/3/2001, after following the procedure laid down under section 37 of the said Act.
And whereas, as per provision of Regulation 58(1)(b)(v), the land earmarked for Recreation Ground and for Public Housing/Mill Workers Housing, are of such small sizes that they do not admit of separate specific uses, the Municipal Commissioner of the Municipal Corporation of Greater Mumbai with the prior approval of Govt., earmark the said lands for the use of Recreation Ground.
And whereas, the Govt., felt it necessary that such plots of small sizes shall be utilized for Public Housing/Mill Workers Housing and for that purpose the State Government had issued directions vide order TPB. 4307/3332/CR-354/07/UD-11, dated 29th July, 2008 under Section 37(1) of the said Act to the Municipal Corporation of Greater Mumbai (hereinafter referred to as “the said Corporation) to submit modification proposal to the Regulation 58(1)(b)(v) after following the legal procedure stipulated under Section 37 of the said Act to the State Government for sanction;
And whereas, after completing the procedure laid down under section 37(1) of the said Act, the said Corporation has submitted the said modification to the Government for final sanction under section 37(2) of the said Act, vide letter dated 29/03/2010;
And whereas, after consulting the Director of Town Planning, Maharashtra State, Government finds that the said modification submitted by the said Corporation, needs to be sanctioned under Section 37(2) of the said Act;
Now, therefore, in exercise of the powers conferred by sub-section (2) of the Section 37 of the said Act, the Government hereby:-
A) Sanctions the proposed modification with some changes, as described more specifically in the Schedule mentioned below.
SCHEDULE
| Existing provision of Note (v) under Regulation 58(1)(b) of Development Control Regulation, 1991 for Greater Mumbai. | Modified provision of Note (v) under Regulation 58(1)(b) of Development Control Regulation, 1991 for Greater Mumbai. |
| Where the lands accruing as per Columns (3) & (4) are, in the opinion of the Commissioner, of such small sizes that they do not admit of separate specific uses provided for in the said columns, he may, with the prior approval of Government, earmark the said lands for use as provided in Column (3). | Where the lands accruing as per Columns (3) & (4) are, in the opinion of the Commissioner, of such small sizes that they do not admit of separate specific uses provided for in the said columns, he may, with the prior approval of the Government, earmark the said lands for use as provided in Column (3); the Commissioner may allow any other Recreation Ground Lands for any Mills received as Municipal Corporation of Greater Mumbai’s share of Mill land as per Column (3), to be earmarked for MHADA in exchange of such plots, for using as per Column (4), with the prior approval of the Government. |
B) Fixes the date on which the said modification is published in the Official Gazette, as the date on which the said modification shall come into force.
C) Directs the said Corporation that in the Schedule of modification sanctioning the said Regulations, after the last entry, the schedule to as (A) above shall be added.
The said modification shall be kept open for inspection by the general public during the office hours on all working days in the office of the Chief Engineer (Development Plan), Greater Mumbai Municipal Corporation.
This notification shall also be published on the Government website-www.urban.maharashtra.gov.in
By order and in the name of the Governor of Maharashtra.
Sd/-
(Sanjay Banait)
Under Secretary to Government
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Maharashtra Regional & Town Planning Act, 1996.
Sanctioned Modification to replace the Explanatory Note (i) to Regulation 35(4) of Development Control Regulation for Gr. Mumbai, 1991 under Section 37(1AA)(c).
GOVERNMENT OF MAHARASHTRA
Urban Development Department,
Mantralaya, Mumbai 400 032.
Dated:- 21st May, 2015
NOTIFICATION
No.TPB.4313/962/CR-44/2014/UD-11:
Whereas the Development Control Regulations for Greater Mumbai, 1991 (hereinafter referred to as “the said Regulations”) have been sanctioned by the Government in the Urban Development Department, under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the said Act”) vide Notification No. DCR 1090/RDP/UD-11 dated 20th February, 1991 so as to come into force with effect from the 25th March, 1991;
And whereas the Govt. in the Urban Development Department, vide Notification No. CMS 4311/452/CR-58/2011/UD-11 Dated 6th January 2012 has incorporated a new Regulation 35(4) in the said Regulations for Compensatory Floor Space Index. As per the provisions of Regulations 35(4), the Compensatory Floor Space Index is admissible without payment of premium with specified condition for redevelopment under Regulation 33(5), 33(7), 33(9), 33(10);
And whereas, the Explanatory Note (i) to Regulation 35(4) does not have sufficient clarity regarding the applicability of Regulation 35(4) to a building under construction, which had received IOD/IOA for a part of the building before the incorporation of Regulation 35(4) in the said Regulation;
And whereas, the Govt., is satisfied that in the public interest it is desirable to urgently modify the said Explanatory Note (i) to Regulation 35(4) of the said Regulation 35(4);
And whereas, the Govt., in exercise of the powers conferred under sub-section (1AA) of Section 37, issued a Notice of even no. dated 9th September, 2014 for inviting suggestions/objections from the general public with regard to the modification proposed in the Schedule appended to the said Notice (hereinafter referred to as ”the proposed medication”) and appointed Deputy Director of Town Planning, Greater Mumbai as the Officer (hereinafter referred to as “the said Officer”) to submit a report on the suggestions/objects received in respect of the proposed modification to the Govt. after giving hearing to the concerned persons;
And whereas, the said notice was published in the Maharashtra Government Gazette (Extra Ordinary Part-I, Konkan Division Supplementary) (hereinafter referred to as “the Official Gazette”) dt. 9th September, 2014 and the said Officer has submitted his report after completing all legal procedure vide letter No. 145, dt. 20/02/2015.
And whereas, after considering the report of the said Officer, the suggestions/objections received from the general public and after consulting the Director of Town Planning, Maharashtra State, the Government is of the opinion that the proposed modification should be sanctioned with some changes.
Now therefore, in exercise of the powers conferred upon it under Section 37(1AA)(c) of the said Act, the Government hereby:-
- A) Sanctions the proposed modification with some changes, as described more specifically in the Schedule appended hereto.
- B) Fixes the date of publication of this Notification in the Official Gazette as the date of coming into force of this modification.
- C) Directs the said Corporation that in the schedule of Modification sanctioning the said Regulations after the last entry, the Schedule referred to at (A) above shall be added.
A copy of this Notification shall be made available for inspection for a period of one month in the office of the Chief Engineer, (Development Plan) Municipal Corporation of Greater Mumbai.
The Notification shall also be available on the Govt. of Maharashtra website: www.maharashtra.gov.in.
By order and in the name of Governor of Maharashtra.
Sd/-
(Sanjay Banait)
Under Secretary to Government.
SCHEDULE
(Accompaniment to Notification No.TPB 4313/962/CR-44/2014/UD-11: Dated:- 21st May, 2015)
The Explanatory Note (i) to Regulation 35(4) of the Development Control Regulation for Greater Mumbai, 1991, is replaced as follows:
“(i) If an IOD/IOA has already been granted in respect of a building, which is under construction and not complete on the date of coming into force of this regulation, then at the option of the owner/developer, the regulation prevailing prior to 6th January, 2012 shall be applicable to subsequent amendments to the IOD/IOA and to sanctioned plans, to the extent such amendments provide for additional development in relation to such building, subject to charging premium at the maximum rate charged for approval to Lift, Lobby, Staircase by the Municipal Corporation of Greater Mumbai.”
Sd/-
(Sanjay Banait)
Under Secretary to Government.
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The Maharashtra Regional & Town Planning Act, 1966
Notification under Section 37(1AA)(c) of the said Act.
Modification to the Regulation for Inclusive Housing in the Development Control Regulations of Greater Mumbai, 1991
GOVERNMENT OF MAHARASHTRA
Urban Development Department,
Mantralaya, Mumbai 400 032.
Dated:- 27 May, 2015
NOTIFICATION
No.TPB.4312/CR-45/2012/(2)/UD-11:
Whereas the Development Control Regulations for Greater Mumbai, 1991 (hereinafter referred to as “the said Regulations”) have been sanctioned by the Government under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the said Act”) vide Urban Development Department Notification No. DCR/1090/UD-11(RDP) dated 20/2/1991 so as to come into force with effect from the 25/3/1991;
And whereas, in furtherance of the Housing Policy of the State which provides for inclusive housing for the Low Income Group (LIG) in private layouts, the Govt. in Urban Development Department, in exercise of the powers conferred under sub-section (1AA)(c) of Section 37 of the said Act, has sanctioned and incorporated a Regulation regarding Inclusive Housing in the said Regulations of the Municipal Corporation of Greater Mumbai, vide Notification of even No. dated 8th November, 2013;
And whereas, various organizations and individuals have represented and requested the Government, to amend certain provisions of the Regulation for Inclusive Housing so as to make its implementation smoother and more effective;
And whereas, after considering the representations of the various organisations and the view of the Housing Department of the Govt. of Maharashtra and after taking into account the views expressed by the Govt. in Urban Development Department in W.P.No. 366/2014 before the Hon’ble High Court, Mumbai, the Government, in exercise of the powers conferred under sub-Section (1AA) of Section 37 of the said Act, had issued Notice of even no. dated 11th Sept, 2014 for inviting suggestions/objections from the general public with regard to the modification in respect of Regulation for Inclusive Housing (hereinafter referred to as “the proposed modification”) proposed in the Schedule appended to the said Notice and appointed the Deputy Director of Town Planning, Greater Mumbai as the Officer (hereinafter referred to as “the said Officer”) to submit a Report on the suggestions/objections received in respect of the proposed modification to the Govt., after giving hearing to the concerned persons and the Municipal Corporation of Greater Mumbai:
And whereas, the said Notice dated 11th Sept, 2014 was published in the Maharashtra Government Gazette (Extra-Ordinary Gazette) dated 11th Sept, 2014 (hereinafter referred to as “the Official Gazette”) and said Officer has submitted his Report vide letter dt. 18.3.2015 through the Director of Town Planning, Maharashtra State, after completing the legal procedure stipulated under Section 37(1AA) of the said Act;
And whereas, after considering the Report of the said Officer and after consulting the Director of Town Planning, Maharashtra State, the Government is of the opinion that the proposed modification is required to be sanctioned with some changes;
Now, therefore, in exercise of the powers conferred upon it under Section 37(1AA)(c) of the said Act, the Government hereby:-
- A) Sanctions the proposed modification as described more specifically in the Schedule appended hereto.
- B) Fixes the date of publication of this Notification in the Official Gazette as the date of coming into force of this modification.
- C) Directs the Municipal Corporation of Greater Mumbai that in the Schedule of Modification sanctioning the said Regulations, after the last entry, the Schedule appended hereunder shall be added.
This Notification shall also be available on the Govt. of Maharashtra website:www.maharashtra.gov.in
By order and in the name of the Governor of Maharashtra.
Sd/-
(Sanjay Banait)
Under Secretary to Government.
SCHEDULE
(Accompaniment to Notification No. TPB 4312/CR-45/2012/(2)/UD-11 Dated 27 May, 2015.)
Sanctioned Modification to Regulation for Inclusive Housing
1) The following proviso is added in Clause (1)(b):-
“Provided that in case that Landowner/Developer desires not to utilize such additional FSI in the same land, fully or partly, then he shall be awarded TDR in lieu of such unutilized additional FSI. The Utilisation of this TDR shall be subject to the prevailing provisions of DCR and as per the following formula.
Formula: X = [ Rg/Rr ] x Y
Where X = Utilisation of Development Right (DR) on the receiving plot.
Rg= Land Rate in Rs. per Sq.m. as per the Annual Schedule of Rates (hereinafter referred to as ‘ASR’) of generating plot in the year when project is sanctioned.
Rr = Land Rate in Rs. per Sq.m. as per ASR of the receiving plot of the same year of generating plot.
Y = Unutilized additional FSI.”
2) The Following two provisos are added in Clause (2)(b):-
“Provided that the equivalent Affordable Housing Plots or 20% plot area can also be provided at some other location (s) within the same Administrative Ward of the Municipal Corporation.”
“Provided further that the equivalent Affordable Housing tenements can also be provided at some other location(s) within the same Administrative ward of the Municipal Corporation and such construction shall be free of FSI upto the limit of 50% of the admissible FSI of such alternative plot.”
3) In clause 2(c), instead of words- “at the construction rates in the ASR applicable”, the words “at rates equal to 125% of the construction rates in the ASR applicable” are inserted.
The following two provisos are added in Clause (2)(c):-
“Provided that there shall be no obligation to construct affordable Housing tenements in the redevelopment project of any Co-operative Housing Society in which the carpet area of all existing individual residential tenements does not exceed 80 Sq.mtr.
Provided further that in case of individual bungalow Housing Scheme, these provisions shall not apply in case of redevelopment of individual bungalow. However, if redevelopment for total plot under layout is proposed, these provisions shall be applicable.”
4) Clause (2)(e) is modified as follows:-
“e) There shall be no obligation to construct affordable housing tenements in accordance with these provisions in any redevelopment project under Regulation 33(5), 33(7), 33(9), 33(10), 33(14), 56(3)(c), 57(4)(c) and also in development of land earmarked to the land owner/developer as per Column No.5 of the Table, specified under Regulation 58(1)(b) as well as any Housing Scheme or residential development project wherein owing to the relevant provisions of the Development Control Regulations, more than 20% of the basic zonal FSI is required to be utilized towards construction of residential tenements for the EWS/LIG and also for the development/redevelopment of any land owned by the Govt., or any Semi-Govt. Organisation, provided such development/redevelopment is undertaken by the Govt. or such Semi-Govt. Organisation by itself or through any other agency under BOT or PPP model.
Provided that in case of development of reservation for Public Housing, Housing the Dishoused, Public Housing/High Density Housing and the EWS/LIG tenements constructed under the provisions of any other Act, these provisions shall not be applicable.
By order and in the name of the Governor of Maharashtra.
Sd/-
(Sanjay Banait)
Under Secretary to Government.
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Maharashtra Regional & Town Planning Act, 1966.
Sanctioned Modification to Regulation 35(4) of DCR for Gr. Mumbai, 1991 under section 37(1AA)(c).
GOVERNMENT OF MAHARASHTRA
Urban Development Department,
Mantralaya, Mumbai 400 032.
Dated:- 19th August, 2015
NOTIFICATION
No.TPB.4312/377/CR-139/2014/UD-11:
Whereas the Development Control Regulations for Greater Mumbai, 1991 (hereinafter referred to as “the said Regulations”) have been sanctioned by the Government in the Urban Development Department, under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the said Act”) vide Notification No. DCR 1090/RDP/UD-11 dated 20th February, 1991 so as to come into force with effect from the 25th March, 1991;
And whereas, the Govt. in the Urban Development Department, vide Notification No.CMS 4311/452/CR-58/2011/UD-11 Dated 6th January 2012 has incorporated a new Regulation 35(4) in the said Regulations for Compensatory Floor Space Index and as per the provisions of Regulation 35(4), the Compensatory Floor Space Index is admissible without payment of premium with specified conditions for redevelopment under Regulations 33(5), 33(7), 33(9), 33(10), but there is no specific provision in Regulation 35(4) to permit Compensatory Floor Space Index (FSI) without charging premium while granting additional FSI under the said Regulations;
And whereas, the Govt. is satisfied that in the public interest, it is necessary to urgently incorporate in the said Regulations, specific provision, as described in the Schedule appended hereto, regarding the premium to be charged on the compensatory FSI while granting additional FSI for various purposes under the said Regulations.
And whereas, the Govt. in exercise of the powers conferred under sub-section (1AA) of Section 37, issued a Notice of even no. dated 27th August, 2014 for inviting suggestions/objections from the general public with regard to the modification proposed in the Schedule appended to the said Notice (hereinafter referred to as “the proposed modification”) and appointed Deputy Director of Town Planning, Brihan Mumbai as the Officer (hereinafter referred to as “the said Officer) to submit a report on the suggestions/objections received in respect of the proposed modification to the Govt. after giving hearing to the concerned persons;
And whereas, the said notice was published in the Maharashtra Government Gazette (Extra Ordinary Part-I, Konkan Division Supplementary) (hereinafter referred to as “the Official Gazette”) dt. 27th August, 2014 and the said Officer has submitted his report after completing all legal procedure to the Government;
And whereas, after considering the report of the said Officer, the suggestions/objections received from the general public and after consulting the Director of Town Planning, Maharashtra State, Pune the Government is of the opinion that the proposed modification is required to be sanctioned with some changes by the Government;
Now therefore, in exercise of the powers conferred upon it under Section 37(1AA)(c) of the said Act, the Government hereby:-
- A) Sanctions the proposed modification to Regulation 35(4) of the said Regulations with some changes by the Government and as described more specifically in the Schedule appended hereto.
- B) Fixes the date of publication of this Notification in the Official Gazette as the date of coming into force of this modification.
- C) Directs the said Corporation to add the proviso after 5th para in Regulation 35(4), as per the Schedule referred to at (A) above.
This Notification shall also be available on the Govt. Of Maharashtra website www.maharashtra.gov.in
By order and in the name of the Governor of Maharashtra,
Sd/-
(Kishor D.Girolla)
Under Secretary to Government.
SCHEDULE
(Accompaniment to Notification No. TPB 4312/377/CR-139/2014/UD-11, dated 19th August, 2015.)
The following proviso is added after 5th para in Regulation 35(4)
“Provided that in case of development under regulation 33(2) excluding buildings of private medical institutions under regulation 33(2)(A), the fungible compensatory FSI shall be admissible on 50% rebate in premium to be charged as per this regulation and the development under regulation 33(3) shall be admissible without charging premium for fungible FSI.”
Sd/-
(Kishor D.Girolla)
Under Secretary to Government.
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