G.R. Dt. 6th September, 2024 – Department of Housing – Sub- Implementation of SRA Schemes in Mumbai Metropolitan Region On Joint Venture Basis

G.R. Dt. 6th September, 2024 – Department of Housing – Sub- Implementation of SRA Schemes in Mumbai Metropolitan Region On Joint Venture Basis

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Implementing Slum Rehabilitation Schemes in the Mumbai Metropolitan Region on Joint Venture basis through other Government/Semi-Government Corporations/Authorities/Local Self-Government Bodies

Government of Maharashtra

Department of Housing

Government Resolution NO:- Sankirna-2023/Pra.Kra.93/ZoPaSu-1

Madam Cama Marg, Hutatma Raj Guru Chowk,

Mantralaya, Mumbai-400 032

Dated 6th September, 2024

Reference:- Government Resolution in the Department of Housing, bearing No:- Sankirna-2023/Pra.Kra.93/ZoPaSu-1, Dt. 21st September, 2023.

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Preface:-

            Under the above referred Government Resolution Dt. 21st September, 2023, sanction has been granted to commission a few Slum Rehabilitation Schemes in the Mumbai Metropolitan Region on Joint Venture basis through Mumbai Municipal Corporation, Thane Municipal Corporation, Mumbai Metropolitan Region Development Authority, CIDCO and MHADA etc. and other Corporations/Authorities/Local Self-Government Bodies.

            After collecting data pertaining to the stalled/pending schemes of the Slum Rehabilitation Authority (Schemes where there has been no progress), a total of 228 schemes in the Mumbai Metropolitan Region have been selected with reference to their ownership. Thus, schemes on the lands of Municipal Corporations are to be implemented by the Municipal Corporations, schemes on the MHADA lands are to be implemented by the MHADA and the schemes on other government lands are to be implemented by various Government/Semi-Government Bodies on Joint Venture basis.

            Accordingly, the Government contemplated the matter of permitting some Slum Rehabilitation Scheme Projects in the Mumbai Metropolitan Region to be implemented on Joint Venture basis through such agencies, as the Municipal Corporation for Greater Mumbai (BMC), Maharashtra Housing and Area Development Authority (MHADA), CIDCO, MAHAPRIT, Maharashtra Industrial Development Corporation (MIDC), MAHA-HOUSINGs, Shivashahi Punarvasan Prakalpa Private Ltd. (SPPPL), Mumbai Metropolitan Region Development Authority (MMRDA) and other Government/Semi-Government Corporations/Authorities/Local Self-Government Bodies and the Slum Rehabilitation Authority.

            Furthermore, for securing success of the Slum Rehabilitation Schemes in the Mumbai Metropolitan Region, the Government contemplated the matter of permitting the concerned Government/Semi-Government Corporations/Authorities/Local Self-Government Bodies to implement such schemes on Joint Venture basis and for that purpose extending the concerned bodies exemptions/concessions in that regard.

Government Resolution:-

            Sanction is hereby accorded permitting implementation of the stalled/pending Slum Rehabilitation Schemes in the Mumbai Metropolitan Region on Joint Venture basis through the Municipal Corporation for Greater Mumbai (BMC), Maharashtra Housing and Area Development Authority (MHADA), CIDCO, MAHAPRIT, Maharashtra Industrial Development Corporation (MIDC), MAHA-Housing, Shivashahi Punarvasan Prakalpa Private Ltd. (SPPPL), Mumbai Metropolitan Region Development Authority (MMRDA) and other Authorities.

                (1) Some of the stalled pending/stalled Slum Rehabilitation Schemes in the Mumbai Metropolitan Region are to be implemented by the following Government/Semi-Government Corporations/Authorities/Local Self-Government Bodies and the details thereof, are set out hereunder:-

Sr. No.Corporation/Authority/Local Self-GovernmentNumber of SchemesNumber of Flats
1.Municipal Corporation for Greater Mumbai7751,002
2.MHADA2433,915
3.MMRDA528,050
4.M.S.R.D.C4627,649
5.CIDCO625,740
6.MAHAPRIT5726,094
7.M.I.D.C1225,668
8.MAHA-HOUSING1813
  2282,18,931

                (2) For facilitating speedy completion of the stalled/pending Slum Rehabilitation Projects set out in the above described statement, on Joint Venture basis, the concerned stake holders shall have to perform the following works:-   

                     [a] Works to be performed by the Slum Rehabilitation Authority:-

                            1) To take steps for the implementation of the Slum Rehabilitation Project in Joint Venture, in conformity with the Government Resolution of the Government of Maharashtra, Dt. 21.09.2023.

                            2) To declare Slum Area under Section 3C of the Maharashtra Slum (IC & R) Act, 1971.

                            3) To grant permissions and sanctions, such as acceptance of scheme, Letter of Intent, Building Plan sanction, Building Permissions, Permission for the construction of temporary transit camp, Occupation Certificates, in its capacity as the Planning Authority, upon receipt of proposal from the concerned Government Authority.

                            4) To ensure that the hut holders are paid timely rent by the concerned Corporations/Authorities/Local Self-Government Bodies.

                            5) To render such assistance from the Slum Rehabilitation Authority, as may be warranted for vacating the plot in favour of the concerned Corporation/Authority/Local Self-Government Body for the purpose of Project and to recover the cost thereof from the concerned body.

                            6) To initiate action against the non-co-operating hut holders as per the provisions of Section 33 and Section 38 of the Maharashtra Slums (I.C & R) Act, 1971.

                            7) In case of such stalled schemes, steps shall be taken by the concerned Slum Rehabilitation Authority to replace the Developer under Section 13(2) of the Maharashtra Slum Areas (I.C & R) Act, 1971. 

                            8) To allot Rehabilitation flats to the eligible hut holders by the means of a lottery in conformity with the Rules of the Slum Rehabilitation Authority, upon completion of construction of the Rehabilitation buildings by the concerned Government/Semi-Government.

                            9) To acquire land under Section 14(1) of the Maharashtra Slums (I.C. & R) Act, 1971, for appropriate planning of such schemes, if during the course of implementation of a Slum Rehabilitation Scheme a private plot in the vicinity is found to be occupied by slums, though for such land acquisition the concerned Body will be required to pay the compensation, thereof.

                        [b] Works to be undertaken by the concerned Corporations/Authorities/Local Self-Government Bodies, such as BMC, MHADA, CIDCO, MAHAPRIT, MIDC, MAHA-HOUSING, MSRDC, SPPL & MMRDA etc.

                            1) To appoint Architects for the said Project.

                            2) To prepare Detailed Feasibility Report for the project and a Detailed Planning Proposal for the buildings comprised in the Project.

                            3) To liaise with the concerned Competent Authority and carry out Bio-Metric Survey of the hut holders, as well as get Appendix-II prepared for the purpose of eligibility.

                            4) To pay rent to the eligible hut holders from the project or make arrangements for alternative transit camp.

                            5) To submit to the Slum Rehabilitation Authority, a Project Proposal in conformity with the prevailing Policy, for the purpose of its sanction.

                            6) To carry out construction on the site of Project and carry out construction of Rehabilitation buildings, PAP, Saleable Component etc. in conformity with the Sanctioned Plan accompanying the Proposal, by maintaining a quality standard.

                            7) The concerned Corporations/Authorities/Local Self-Government Bodies would be obliged to complete the construction of Rehabilitation buildings within the prescribed period in conformity with the conditions of the Letter of Intent.

                            8) The entire responsibility of adopting necessary safeguards from the perspective of safety, pollution control and safety of workers on the site of construction during the course of implementation of the scheme, shall rest upon the concerned Corporation/Authority/Local Self-Government Body.

               (4) Following Special Exemptions/Concessions are hereby granted to the Schemes in Joint Venture:-

             For the success of Joint Venture Schemes Special Exemptions/Concessions are required to be granted by the Government; hence, if the Corporations/Authorities/Local Self-Government Bodies implementing the schemes are implementing them on their own, then they shall be eligible to get Special Exemptions/Concessions. Following Exemptions/Concessions should be incorporated in such Joint Venture Schemes:-

                    (i) The Government should extend a concession to all concerned Corporations/Authorities/Local Self-Government Bodies permitting them to pay Infrastructure Charges, MRTP Charges, Land Premium, Maintenance Deposit, Lift & Staircase Premium, Fungible Payment, Land Development Charges, Open Space Deficiency Charges etc. payable in the schemes implemented on Joint Venture basis from the sale proceeds realised from the saleable component upon completion of Project. (This feature shall not be applicable to the Charges less than Rupees Five Lakhs).                               

                (ii) The condition stipulating payment of Rs.40,000/- on account of Transfer Fees chargeable for the transfer of residential huts and the Transfer Fees of Rs. 60,000/- on account of a non-residential tenement at the time of preparation of Appendix-II  shall not be applicable, with a view to boosting public participation in the scheme.

                (iii) All concerned Government/Semi-Government Bodies implementing the Project should be extended a concession permitting them to pay 25% land premium payable for the land from sale proceeds realised from the Saleable Component upon completion of the project, instead of requiring them to pay the same at the commencement of the scheme.

                (iv) If all such concerned Corporations/Authorities/Local Self-Government Bodies delegate their entitlement in the Slum Rehabilitation Scheme to the Rehabilitation Component and the right to carry out construction of Saleable Component and the right of sale for the Saleable Component Flats to any Third Party in the capacity of a Developer, then such Authorities shall not be eligible for the aforesaid exemptions/concessions.

            (5) The Terms and Conditions of the Scheme are as hereunder:-

                1) The Slum Rehabilitation Schemes in the Mumbai Metropolitan Region shall be implemented in Joint Venture between the Slum Rehabilitation Authority and the Municipal Corporation for Greater Mumbai/Thane Municipal Corporation/Mumbai metropolitan Region Development Authority/MAHAPRIT/CIDCO/MSRDC/SPPL/MHADA and other Government/Semi-Government Bodies. Moreover, other willing Authorities/Bodies too can participate in the said scheme.

                2) If any Developer fails to implement his stalled Slum Rehabilitation Scheme, then such stalled scheme, too, shall be implemented on Joint Venture basis.

                3) The responsibility of examining financial and technical feasibility of the schemes suggested to the Government/Semi-Government Corporations/Authorities shall rest upon such Authorities/Local Self-Government Bodies.   

                4) For such Redevelopment Projects Bilateral Memorandum of Understanding (M.O.U) will have to be executed between the concerned Government/Semi-Government Corporations/Authorities/Local Self-Government Bodies and the Slum Rehabilitation Authority, Mumbai incorporating therein the scheme-wise Terms and Conditions.

                5) For the Slum Rehabilitation Schemes to be implemented under Joint Venture Scheme, the concerned Slum Rehabilitation Authority shall act as the planning Authority.

                6) The construction under Rehabilitation Component and Saleable Component comprised in the scheme shall be carried out by the concerned Government/Semi-Government Corporations/Authorities/Local Self-Government Bodies and the available Saleable Component shall be sold by the concerned Government/Semi-Government Bodies in the Open Market to defray the cost of construction and other expenses of the scheme.

                7) While implementing Slum Rehabilitation Schemes in the Mumbai Metropolitan Region on Joint Venture basis the construction of Rehabilitation Component should be completed on priority basis. The Concerned Government/Semi-Government Corporations/Authorities/Local Self-Government Bodies shall be permitted to plan out its Saleable Component and sale price etc. and to derive its financial gain therefrom. Hence, on account of such project cost, no amount shall be paid in the form of subsidy to the concerned Government/Semi-Government Bodies by either the Slum Rehabilitation Authority or the Government. Nevertheless, if any funds/loans are accruable from the Central/State Government under any scheme, the concerned Implementing Agency shall have the powers to take a decision in that regard.

                8) Since the concerned Authorities/Local Urban Self-Government Bodies stand to make financial gains from the Saleable Component, such Government/Semi-Government Bodies shall make arrangement for the rent payable to the hut holders/temporary Transit Camp Flats.   

                9) Those stalled Slum Rehabilitation Schemes in which the appointment of a predecessor Developer has been revoked under Section 13(2), the Government/Semi-Government Bodies implementing the scheme thereafter would be obliged to work out evaluation of the construction already carried out by the predecessor Developer and to pay the said amount to the predecessor Developer.

                10) The Slum Rehabilitation Authority, on account of the administrative expenditure and other expenses incurred by it, would be eligible to get a 10% share in the profits derived by the concerned Government Authority from the Saleable Component, along the lines of apportionment of profit in the Dharavi Redevelopment Scheme.

                11) For such Slum Rehabilitation Schemes to be implemented on Joint Venture basis, no funds shall be provided by the Department of Housing or Slum Rehabilitation Authority and the concerned body is required to make provision for the necessary funds on its own.

               12) If the implementation of such Joint Venture Scheme calls for any modifications, the concerned Government/Semi-Government Bodies should carry out appropriate amendments to the relevant statutes.

                13) The exemptions/concessions granted in such Joint Venture Schemes shall not be extended to the Private Developers implementing regular Slum Rehabilitation Schemes.

            (6) If the aforesaid Joint Venture Scheme Policy calls for any ancillary and miscellaneous changes, the Department of Housing hereby stands authorised to carry out such changes.

            (7) This Government Resolution has been issued pursuant to the sanction granted by the Cabinet in its Meeting Dt. 25.08.2024.

            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 202409061713029409. This Government Resolution has been attested and issued under Digital Signature.

            By the order and in the name of the Governor of Maharashtra,

            DURGAPRASAD POCHAYYA MYLAWARAM – Digital Signature

                                    [Durgaprasad Mylawaram]

                        Under Secretary, Government of Maharashtra

Copy:-

[1] The Secretary to the Hon’ble Governor, Raj Bhawan, Mumbai,

[2] The Additional Chief Secretary to the Hon’ble Chief Minister, Chief Minister’s Secretariat, Mumbai-32,

[3] The Private Secretary to the Hon’ble Minister (Housing), Mantralaya, Mumbai,

[4] The Senior Personal Assistant to the Hon’ble Chief Secretary, Maharashtra State, Mantralaya, Mumbai,

[5] The Personal Assistant to the Additional Chief Secretary (Housing), Department of Housing, Mantralaya, Mumbai,

 [6] The Principal Secretary (UD-1), Department of Urban Development, Mantralaya, Mumbai

[7] The Principal Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai,

[8] The Principal Secretary (Industries), Department of Industries, Energy and Labour, Mantralaya, Mumbai,

[9] The Principal Secretary, Department of Public Works, Mantralaya, Mumbai,

[10] The Principal Secretary, Department of Social Justice and Special Assistance, Mantralaya, Mumbai,

[11] The Principal Secretary, Department of Finance, Mantralaya, Mumbai,

[12] The Principal Secretary, Department of Law & Judiciary, Mantralaya, Mumbai,

[13] The Commissioner, the Municipal Corporation for Greater Mumbai, Mumbai,

[14] The Metropolitan Commissioner, Mumbai Metropolitan Region Development Authority, Mumbai,

[15] The Commissioner, Thane Municipal Corporation, Thane,

[16] The Chief Executive Officer, the City and Industrial Development Corporation (CIDCO), New Mumbai,

[17] The Vice-President and Chief Executive Officer, Maharashtra Housing and Area Development Authority, Mumbai,

[18] The Chief Executive Officer, Slum Rehabilitation Authority, Administrative Building, Anant Kanekar Marg, Bandra (East), Mumbai -51,

[19] The Managing Director, Shivashahi Punarvasan Prakalpa Ltd., Mumbai,

[20] The Managing Director, MAHA-HOUSING, Mumbai,

[21] The Managing Director, Maharashtra State Road Development Corporation Ltd., Mumbai,

[22] The Chief Executive Officer, Mumbai Metropolitan Region Slum Rehabilitation Authority, Thane,

[23] Select File/ZoPaSu-1.

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[Text Translated by Adv. Prakash Manohar Chalke

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