G.R. Dt. 19th August, 2024 – Department of Housing – Sub – Policy for Generation and Allotment of PAP Flats in Mumbai
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Policy for the Generation and Allotment of Project Affected Flats to the Project Affected Persons who are affected by the implementation of Infrastructural Projects involving Public Interest
Government of Maharashtra
Department of Housing
Government Resolution No:- Yachika-2023/Pra.Kra.220/(Part-1)/ZoPaNi-2
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai- 400 032
Dated 19th August, 2024
Reference:-
[1] Government Resolution in the Department of Housing, bearing No:- Yachika-2023/Pra.Kra.220/ZoPaNi-2, Dated 22/11/2023.
[2] Letter from the Retired Chief Justice of the Hon’ble High Court of Allahabad presiding over Task Force, Dated 15/01/2024.
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Preface:-
In Public Interest, various crucial infrastructural projects are undertaken by the Municipal Corporation for Greater Mumbai. In Mumbai and the Suburbs of Mumbai, it is not possible to implement any infrastructural projects on any land which would not affect the living style of people or their houses. For the successful and timely implementation of any infrastructural project, rehabilitation of the eligible project affected persons affected by such infrastructural projects, is a pre-requisite. Due to non-timely rehabilitation of the project affected people, their expected co-operation cannot be elicited and it leads to court cases and consequently, some projects do not reach their completion in time. Moreover, non-timely completion of projects escalates the project cost. Hence, the Project Implementing Agencies are forced to bear the additional financial burden of the Project.
2. During the course of hearing of Writ Petition No. 8973/2023, the Hon’ble High Court noticed that several Projects were delayed for non-allotment of project affected flats to the citizens affected by infrastructural projects of public interest, within the prescribed period. The Hon’ble High Court of Mumbai, vide its Order Dt. 03/11/2023, directed that a Policy be framed at the Government level for the allotment of flats meant for project affected persons. Pursuant to the said Order, the Government set up a Task Force, presided over by the Retired Chief Justice of the Hon’ble High Court of Allahabad, vide Government Resolution at Reference No.1, Dt. 22/11/2023, to make recommendations to the Government for the fixation of a Policy vis-à-vis generation and allotment of PAP Flats. The said Task Force, submitted its Report to the Government, vide its Letter at Reference No. 2 Dt. 15/01/2024. In view of the recommendations contained in the said Report, the Government contemplated the matter of fixing a Policy for the allotment of Project Affected Flats. In furtherance, thereof, the Government has resolved as hereunder:-
Government Resolution:-
The Task Force has noticed that presently an estimated 50,000 PAP Flats would be required to put on track various infrastructural projects in Mumbai and 2,20,000 PAP Flats would be required for the implementation of Development Plan for Mumbai. As Project Affected Flats on such a massive scale cannot be made available immediately, it calls for greater efforts for the generation of Project Affected Flats. For this purpose, following steps should be taken:-
(1) Efforts to be made for the Generation of Project Affected Flats (PAP):-
(i) The Municipal Corporation for Greater Mumbai, the Slum Rehabilitation Authority, Mumbai and Mumbai Metropolitan Region Development Authority (M.M.R.D.A) should prepare a Detailed Action Plan, with a view to creating adequate number of Project Affected Flats in the next minimum 15 years, so that in future there would not be any delay in the completion of infrastructural projects. The concerned Authorities should conduct a Review as to the number of Project Affected Flats needed in the next 3-5 years and the number of flats that would be generated.
(ii) The provisions stipulated in the Regulations- 2034 providing for the generation of Transferable Development Rights and its utilisation should be reviewed and the provisions of Regulation 3.11 of Regulation 33(10) dealing with the generation of Project Affected Flats and the utilisation, thereof, should be revised, so that the project would become financially viable.
(iii) The surplus flats generated from the Projects implemented by the Municipal Corporation for Greater Mumbai and MHADA under Regulation 33(7) and 33(9) of Regulations -2034 should be utilized as Project Affected Flats.
(iv) The Chief Executive Officer of the SRA, Mumbai should suggest remunerative Schemes under Regulation 33(10) to the Municipal Corporation for Greater Mumbai and MMRDA, for the wholesale purchase of its saleable component by the Municipal Corporation for Greater Mumbai and MMRDA for the purpose of their PAP Flats.
(v) The Department of Urban Development should take a follow-up action within the concerned Agency for the procurement of government lands, saltpan lands under the control of the Central Government and Mumbai Port Trust (MbPT) for the construction of PAP Flats.
(vi) Once the PAP Flats under sub-clause 3.11 of Regulation 33(10) are generated, the Developer should be compensated by providing him built-up area under the provisions of Sub-Regulation 4.2 of Regulation 32(A) by increasing the current multiplier of 1.50 provided in the formula thereof, which would help augmentation of the construction TDR.
(vii) The provisions of Sub-Regulation VIII (3.8) of Regulation 33(10) contemplates minimum 650 flat density per hectare in a Slum Rehabilitation Project. However, if the developer is ready to provide additional Project Affected Flats, he should be provided a Saleable Floor Space Index against the construction of such additional Project Affected Flats over and above the Rehabilitation Component of 1.35 as provided in the formula, so that additional Project Affected Flats can be provided.
(viii) In lieu of the various premia or premium charged on the construction of PAP Flats under Regulation 33(10), Project Affected Flats should be taken by way of adjustment, so that additional flats would be made available.
(ix) If a Developer provides PAP flats by way of consolidation of Schemes of various Planning Authorities, he should be allowed to adjust 50% premium payable for the saleable component.
(x) If any land owned by any Public Authority (built-up/vacant/reserved) abuts any Slum Rehabilitation Scheme and the Public Authority duly issues a No-Objection therefor, then the Developer of such neighbouring Slum Scheme may propose and develop on such plot any PAP/Public Built-up Amenity within the limits of permissible Floor Space Index (FSI) accruing from the land of such Public Authority, for which the Developer of S.R. Scheme should be provided In-Situ FSI by including the plot in the neighbouring Scheme under Sub-Regulation 7.1 of Regulation 33(10).
(xi) Where a Developer is implementing any Scheme under Sub-clause 3.11 of Regulation 33(10), on any private, as well as public lands belonging to any Public Authority, then while developing the existing huts on the same site and transferring In-situ saleable built-up area permissible under one Scheme to the other Scheme by way of clubbing of Schemes, the exchange of hut holders from one Scheme to the other Scheme with which it is to be clubbed, would not be required.
(xii) If a Developer, so desires for making a Scheme under sub-clause 3.11 of Regulation 33(10) viable, or the Authority permits development of any land/plot under PAP Scheme, then in stead of insisting on the clubbing of Schemes, permission should be granted for the transfer of In-situ saleable built-up area in the same ward. This will help accelerate the Scheme and promote financial viability of the Project.
(xiii) 50% PTC flats of the total Floor Space Index accruing from Regulation 33(11) should be converted as PAP flats. If this is done, large number of PAP flats can be made available.
(2) Fixing Priority for the Allotment of Project Affected Flats:-
For providing Project Affected Flats in the areas of Municipal Corporation for Greater Mumbai, a Co-ordination Committee has been set up under Government Resolution in the Department of Urban Development, bearing No. BMC-2023/Pra.Kra.606/NaVi-21, Dt. 14/03/2024. The powers of fixing priority as per the availability of Project Affected Flats are hereby delegated to this Co-ordination Committee, in view of the larger public interest of various public infrastructural projects currently underway in Greater Mumbai or which may be undertaken in future, as well as the number of citizens/hut holders displaced by such projects.
(3) Procedure for the Allotment of Project Affected Flats:-
1. The Municipal Corporation for Greater Mumbai and MMRDA should develop an online system for the allotment of Project Affected Flats.
2. Appendix- 2 regarding eligibility of the Project Affected Persons should be available online and have transparency.
3. As far as possible, the Project Affected Flats should be provided in the same location.
The location priority shall be as hereunder:-
(a) In the same ward.
(b) If it is not possible in the same ward, in the contiguous ward or zone.
(c) If it is not possible in the zone, should be fixed in the ward or zone to the North, as per availability.
(4) Prescribing Fees and Fixing Terms and Conditions for the Allotment of Project Affected Flats:-
(i) The Tenure of Allotment Orders issued to the Project Affected Flat Holders shall be for 45 days. After 45 days, such tenure shall lapse automatically; Under such circumstances, if the original residential structure is demolished, the responsibility, thereof, shall rest upon the resident.
(ii) Once the Project Affected Flat Holder receives a flat, he shall be required to make an application to the concerned Co-operative Housing Society for admitting him as Member of the Society. Moreover, he would be required to give a Bond to the effect that the necessary Terms and Conditions governing receipt of possession of the project affected flat would be binding upon him.
(iii) The Project Affected Flat, so allotted, cannot be sold for five years from the date of taking its possession.
(iv) For the regular maintenance and repairs of the project affected flats, the concerned Bidder/Developer or Project implementing Agency, would be required to deposit a sum of Rs. 40,000/- towards Reserve Fund.
(5) Other Terms and Conditions governing Project Affected Flats in furtherance of the Recommendations made by the Task Force:-
(i) Before extending the option of Credit Note to the Developers for the generation of Project Affected Flats , the Municipal Corporation for Greater Mumbai should take appropriate steps by having due regard to the provisions of the prevailing Finance Acts of the Central and State Government and the opinion of the Experts in the field of finance/tax assessment.
(ii) Under no circumstances, the rate to be charged from the Bidders/Developers for the Project Affected Flats should exceed the rate specified in the Annual Statement of Rates. However, where construction TDR is offered as per TDR and Credit Note, the aggregate Market Value of both the Components, should not exceed the rate specified in the Annual Statement of Market Rates.
(6) The PTC Flats generated under Regulation 33(11) of the Development Control and Promotion Regulations for Greater Mumbai – 2034 should be utilised as Transit Camps for the hut holders under the Scheme of SR Authority.
(7) Instead of PAP Flats, the Project Affected Persons are paid a financial compensation of Rs. 25.00 Lakh by the Municipal Corporation for Greater Mumbai. Hence, when project affected flats are provided by the SR Authority to the Municipal Corporation for Greater Mumbai and other Planning Authorities, the concerned Authorities should pay the SR Authority 50% amount of the aforesaid financial compensation i.e. Rs. 12.50 Lakh.
(8) The concerned Authorities/Local Self-Government Bodies should meet the financial burden/expenditure incurred during the course of implementation of this Policy from their own income.
(9) The Department of Urban Development should examine the feasibility and carry out necessary modifications/changes to the Development Control and Promotion Regulations -2034 of the Municipal Corporation for Greater Mumbai (DCPR- 2034) with reference to Sr. Nos. (ii), (vi), (vii), (viii) and (xiii) of Paragraph No.1 of this Government Resolution.
(10) If implementation of this Resolution calls for some ancillary changes (excluding modifications to Regulations, 2034), the Department of Housing shall have the powers to make such modifications.
(11) The provisions contained in this Government Resolution shall come into force from the date of issue of this Government Resolution.
(12) This Government Resolution has been issued pursuant to the decision taken by the Cabinet in its Meeting Dated 7th August, 2024.
(13) 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 202408191734436609. 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 Principal Secretary to the Hon’ble Governor,
[2] The Hon’ble Chairman, Maharashtra Legislative Council, Maharashtra Legislature Secretariat, Mumbai,
[3] The Hon’ble Speaker, Maharashtra Legislative Assembly, Maharashtra Legislature Secretariat, Mumbai,
[4] The Hon’ble Leader of Opposition in the Legislative Council/the Hon’ble Leader of Opposition in the Legislative Assembly, Maharashtra Legislature Secretariat, Mumbai,
[5] The Hon’ble Vice Chairman, the Maharashtra Legislative Council, Maharashtra Legislature Secretariat, Mumbai,
[6] The Hon’ble Deputy Speaker, Maharashtra Legislative Assembly, Maharashtra Legislature Secretariat, Mumbai,
[7] All Hon’ble Members of the Legislative Assembly, Legislature Secretariat and Parliament,
[8] The Additional Chief Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
[9] The Secretary to the Hon’ble Deputy Chief Minister, Mantralaya, Mumbai,
[10] The Private Secretary to the Hon’ble Minister (Housing), Mantralaya, Mumbai,
[11] Private Secretaries to all Hon’ble Ministers, Mantralaya, Mumbai,
[12] The Joint Secretary to the Hon’ble Chief Secretary, Mantralaya, Mumbai,
[13] All Additional Chief Secretaries/Principal Secretaries/Secretaries to the Government, Mantralaya, Mumbai,
[14] The Accountant General (Accounts & Entitlement/Audit), Maharashtra-1, Mumbai,
[15] The Accountant General (Accounts & Entitlement/Audit), Maharashtra-2, Nagpur,
[16] The Commissioner, Municipal Corporation for Greater Mumbai,
[17] All Municipal Commissioners (excluding Municipal Corporation for Greater Mumbai),
[18] The Metropolitan Commissioner, Mumbai Metropolitan Region Development Authority, Bandra (East), Mumbai,
[19] The Vice-President and Chief Executive Officer, Maharashtra Housing and Area Development Authority, Bandra (East), Mumbai,
[20] The Chief Executive Officers of Slum Rehabilitation Authorities at Mumbai/Pune-Chinchwad Area/Nagpur/Thane,
[21] The Special Duty Officer, Dharavi Redevelopment Project, Griha Nirman Bhawan, Bandra (East), Mumbai-51,
[22] The District Collectors, Mumbai City/Mumbai Suburban District,
[23] The Additional Collectors (Encroachment/Eviction), Mumbai City/Western Suburbs/Eastern Suburbs,
[24] The Chief Officer of Mumbai Housing and Area Development Board, Griha Nirman Bhawan, Bandra (East), Mumbai -51,
[25] The Chief Officer, Mumbai Building Repairs and Reconstruction Board, Griha Nirman Bhawan, Bandra (East), Mumbai- 51,
[26] All Joint Secretaries/Deputy Secretaries/Deputy Secretaries/Under Secretaries/Section Officers in the Department of Housing,
[27] Select File (ZoPaNi-2).
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[Text Translated by Adv. Prakash Manohar Chalke-
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