G.R. Dt. 6th March, 2024 – Department of Housing – Sub- Redevelopment of Abhyudaya Nagar, Kalachowky through MHADA
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Regarding Consolidated Redevelopment of the buildings in the MHADA Layouts at Abhyudaya Nagar (Kalachowky) through a C&D Agency
Government of Maharashtra
Department of Housing
Government Resolution No:- Sankirna-2023/Pra.Kra.26/GruNiPa
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai- 32
Dated 6th March, 2024
Vide:-
Letter from the Vice-President and Chief Executive Officer of the Maharashtra Housing and Area Development Authority, bearing No.ON.NiKaAa/Mum.Man/1478/2023, Dt. 31.05.2023.
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Preface:-
For the creation of affordable houses in Mumbai city and its suburban areas, the Government constructed about 56 colonies for the Middle Income Group (MIG) and Lower Income Group (LIG) through the Mumbai Board of the Maharashtra Housing and Area Development Authority (MHADA) during the period between 1950 and 1960. These colonies comprise an estimated 5,000 co-operative housing societies. Construction of these buildings is 50 to 60 years old and some of these buildings have become decrepit and dilapidated; hence, redevelopment thereof in order to raise the standards of living of the residents has become a matter of urgency for the residents.
Presently, Redevelopment of the MHADA Colonies is carried out under Regulation 33(5) of the Development Control Regulations for Greater Mumbai. Redevelopment of some old buildings from the MHADA Colonies has been carried out under this Redevelopment Policy of the Government. It has been noticed from such Redevelopment Projects that Redevelopment of those buildings from the MHADA Colonies which are situated along the main road and at strategic places, proceeds speedily. However, those buildings which are situated in the interior of the Layout and not in the strategic places does not proceed speedily. Consequently, the Policy for the Redevelopment of MHADA Colonies has achieved limited success. Having regard to this scenario, it is imperative to carry out consolidated Redevelopment of the entire Layout to achieve appropriate planning of the area and planned development of infrastructure, as well as to develop high quality buildings and amenities during the course of Redevelopment of the MHADA Colonies. In view thereof, the proposal received from the MHADA for the Redevelopment of the MHADA Layout at Abhyudaya Nagar (Kalachowky) through a Construction & Development Agency, vide its Letter Dt. 31.05.2023, was under the consideration of the Government.
Government Resolution:-
For carrying out Consolidated/Cluster Redevelopment of the buildings comprised in the MHADA Layout at Abhyudaya Nagar, Kalachowky, the Government has resolved as hereunder:-
[1] Instead of sanctioning Redevelopment of the standalone buildings comprised in the MHADA Layout at Abhyudaya Nagar (Kalachowky), sanction is hereby accorded for their Cluster Redevelopment under regulation 33(5) by appointing a Construction & Development Agency through MHADA.
[2] Since the total area of the aforesaid Layout exceeds 4000 Sq. Mt., 4.00 Floor Space Index under the proviso to Regulation 33(5)(2) of the DCPR, 2034 is hereby sanctioned for the said Redevelopment Project, subject to the condition that an 18.00 Mt. wide road is attached to this Layout and subject to prior sanction of the Government. The MHADA should make necessary confirmation in this regard.
[3] Upon computation of the admissible Floor Sapce Index/Built-up area on this Layout under Regulation 33(5) of the DCPR, 2034, the Sanctioned Layout shall permanently exist and development permission/allotment of F.S.I and other matters pertaining to the buildings comprised therein, shall be governed by the Sanctioned Layout and the MHADA, in its capacity as the Planning Authority, would be required to ensure that no plot from this Layout shall be separately considered.
[4] While sanctioning total built-up area on this Layout as per 4.00 F.S.I, the built-up area already sanctioned by the MHADA for the Redevelopment of buildings situated on the plots from this Layout in conformity with the prevailing provisions of the Regulations applicable to such Redevelopment Project, if any, should be deducted and the total admissible built-up area on the layout should be completed.
[5] Of the 4.00 FSI sanctioned for this Layout, the balance 1.00 F.S.I over and above 3.00 F.S.I is sanctioned in the form of Housing stock. Hence, on the basis of the minimum admissible housing stock accruing to MHADA by way of surplus floor space area under Regulation 33(5), the bidding tenderer offering maximum housing stock to the MHADA and fulfilling financial and physical conditions of the Tender should be appointed by the MHADA for such Redevelopment.
[6] While carrying out Cluster Redevelopment of the buildings in this Layout under Regulation 33(5), the reserved plots comprised in the Layout should be developed in conformity with the provisions of DCPR, 2034, viz. Regulation 17(3)(A).
[7] The appointment of C&D Agency should be made by the MHADA by following Tender System. Since such appointment is to be made by Tender System, the Government Resolution bearing No:-SaGruPa-2018/Pra.Kra.85/14-Sa, Dated 04.07.2019 issued by the Department of Co-operation, Textile and Marketing under Section 79A of the Maharashtra Co-operative Societies Act, 1960, shall not be applicable to this Project.
[8] For the speedy and appropriate implementation of this Project, it needs to be properly monitored. Hence, the following Empowered Committee presided over by the Additional Chief Secretary (Housing) is hereby constituted, inter-alia, for such matters as the appointment of Project Coordinator/Manager, Project Architect, Financial Consultant etc., apart from the appointment of C&D Agency, invitation of Project Tenders, Finalization of Tender, issue of necessary directions for controlling Project, resolution of difficulties/problems encountered in the project, seeking guidance and sanction of the Government, wherever necessary etc.
| 1] | Additional Chief Secretary/Principal Secretary, Department of Housing | President |
| 2] | Vice-President and Chief Executive Officer, MHADA | Member |
| 3] | Additional Commissioner, Municipal Corporation for Greater Mumbai (concerned with subject) | Member |
| 4] | Joint Secretary/Deputy Secretary in the Department of Housing concerned with subject | Member |
| 5] | Chief Officer, Mumbai Housing and Area Development Board | Member Secretary |
[9] The recommendations received from the aforesaid Empowered Committee constituted and to be presided over by the Additional Chief Secretary/Principal Secretary, Department of Housing should be forwarded for the sanction of the Government and appropriate decision should be taken with the sanction of the Government. The work of Redevelopment Project on the aforesaid Layout and its progress should be reviewed by the Empowered Committee once in 4 months.
[10] Since Redevelopment of this Layout is to be carried out by the C&D Agency (Developer) finalised by the MHADA through Tender System, the Developer to be appointed (C&D Agency) shall be obliged to furnish Consent Letters of 51% of the total Members to the MHADA.
[11] The built-up area admissible under this Redevelopment Project comprises Rehabilitation Area, as well as, Saleable Component Area under Regulation 33(5). From the perspective of planning, permission is hereby granted for assigning separate share of land, separate buildings for Rehabilitation Component and Saleable Component. However, where a separate sub-division is proposed, the MHADA, in its capacity as the Planning Authority , should ensure while sanctioning the Layout/Redevelopment that plot-wise Floor Space Index shall not be imbalanced.
[12] The responsibility of carrying out rehabilitation of the original tenement holders/residents, to arrange for their temporary accommodation or to pay rent for their temporary alternative accommodation (transit rent), to pay corpus fund etc., as well as to develop all infrastructural facilities in the Layout, shall rest upon the C&D Agency appointed for the Redevelopment Project.
[13] The co-operative housing societies should take necessary steps to club existing cooperative housing societies and to form a new co-operative society/federation as per the area of Rehabilitation Flats during the course of Redevelopment of the Layout. For this purpose, the MHADA should offer necessary cooperation.
[14] The amount of sinking fund, corpus fund etc. accumulated with the existing co-operative housing societies from this Layout should be distributed amongst the members of such societies. Such housing societies shall be clubbed to form a new cooperative housing society/federation. The per square foot amounts of sinking fund and corpus fund to be released to the new cooperative housing societies formed in such manner (as per the Floor Space Area currently used) should be determined by the Maharashtra Housing and Area Development Authority (MHADA).
[15] The aforesaid Layout is large in terms of area. Moreover, various cooperative housing societies exist in this Layout. A Grievance Redress Committee should be formed at the level of MHADA for the timely resolution of the existing difficulties of the local residents, as well as the cooperative housing societies, if any, or which may arise during the course of consolidated redevelopment of this Layout and to ensure that such difficulties would not have any adverse impact on the consolidated redevelopment of this Layout.
[16] A Consolidated/Cluster Redevelopment of the buildings comprised in the MHADA Layout at Abhyudaya Nagar (Kalachowky) is to be carried out. A planned redevelopment of the infrastructural facilities comprised therein is equally important, which is feasible in the Consolidated/Cluster Redevelopment. Hence, Redevelopment/Self-Redevelopment Proposals of the standalone buildings in this Layout should not be taken into consideration.
[17] The Department of Housing shall have the powers to make any ancillary charges to facilitate implementation of this Resolution.
3. In future, if Redevelopment of any Layout of this Mumbai Housing and Area Development Board is to be carried out through the MHADA by appointing a C&D Agency, the Layout-wise prior sanction of the Government shall be required.
4. This Resolution has been issued pursuant to the decision taken by this Hon’ble Cabinet in its Meeting Dt. 27th February, 2024.
5. 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 202403061519460309. 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, Malbar Hill, 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 and Hon’ble Minister (Home), Mantralaya, Mumbai,
4] The Secretary to the Hon’ble Deputy Chief Minister and 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 Legislature Secretariat, Vidhan Bhawan, Mumbai,
7] Hon’ble Leader of Opposition in the Maharashtra Legislative Council, Maharashtra Legislature Secretariat, Vidhan Bhawan, Mumbai,
8] All Hon’ble Members of the Legislative Assembly/Legislative Council,
9] The 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, Municipal Corporation 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 Board, Griha Nirman Bhawan, Bandra (East), Mumbai,
15] Office of the Accountant General (Accounts & Entitlement), Maharashtra-1, Mumbai/Maharashtra-2, Nagpur,
16] 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 (GruNiPa), Department of Housing, Mantralaya, Mumbai.
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[Text Translated and Verified by Adv. Prakash Manohar Chalke
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