Govt. Circular Dt. 10th October, 2025 – Department of Housing – Sub- Development of Open Spaces in S.R.A Schemes as per High Court’s Order
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Action to be taken by the Slum Rehabilitation Authority and State Government pursuant to the order of the Hon’ble High Court in the matter of open spaces to be earmarked under Regulation 17(3)(D)(2) of DCPR -2034
Government of Maharashtra
Department of Housing
Government Circular No:- Sankirna-2025/Pra.Kra.238/ZoPaSu-1
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai-400 032
Dated 10th October, 2025
Vide:- Order of the Hon’ble High Court, Mumbai, Dt. 19.06.2025.
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Preface:-
On 19.06.2025, the Hon’ble High Court passed an order in Writ Petition No.1152/2002 filed by the NGO Alliance for Governance and Renewal (NAGAR) and Ors Versus the State of Maharashtra and Ors. Accordingly, the Hon’ble High Court has given direction that on 65% of the total space covered by a Scheme to be sanctioned by the Slum Rehabilitation Authority under Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations-2034, buildings are to be developed and 35% space is to be kept open and upon development such open space is to be handed over to the Municipal Corporation or the Local Authority. In furtherance thereof, the Government contemplated the matter of bringing the matter to the attention of the Slum Rehabilitation Authority.
Government Resolution:-
On 19.06.2025, the Hon’ble High Court passed an order in Writ Petition No. 1152/002 filed by the NGO Alliance for Governance and Renewal (NAGAR) and Ors v/s the State of Maharashtra and Ors. Accordingly, the directions given by the Hon’ble High Court directing development of buildings on 65% of the total space covered by a Scheme to be sanctioned by the Slum Rehabilitation Authority under Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations- 20234 and further directing that 35% space should be kept open and upon development, the said open space should be handed over to the Municipal Corporation or the Local Authority, are hereby brought to the attention of the office of the Slum Rehabilitation Authority, Mumbai.
1. Special Monitoring Committee to be established:-
For the scrutiny of the Slum Rehabilitation Schemes undertaken by the Slum Rehabilitation Authority under Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations- 2034, a Special monitoring Committee to be presided over by a “Deputy Chief Engineer” in the office of the Slum Rehabilitation Authority, Mumbai should be set up. The said Committee should scrutinize the following matters:-
* Denoting 35% open space covered by the S.R. Scheme of the Slum Rehabilitation Authority, appropriately.
* Inspecting the work pertaining to landscaping of open space and garden development under the Slum Rehabilitation Schemes.
* Developing 35% open space and transferring the same to the Municipal Corporation or Local Authority.
* Free admission to all citizens to 35% open space, so developed.
The Special Monitoring Committee, so appointed, should scrutinize the aforesaid work and prepare a Report, thereof, and it would be obliged to publish such Report on the official website of the Slum Rehabilitation Authority within two weeks, at the interval of every three months.
2. Violation and Breach of Discipline:-
* If buildings are developed on more than 65% of the total space covered by any Slum Rehabilitation Authority Scheme or there is failure in maintaining 35% open space, such Schemes should be promptly amended.
If necessary, disciplinary action should be taken against the concerned delinquent officers.
* Earmarking 35% open space under a Scheme is the minimum norm and if more open space is earmarked, such Scheme should be commended.
3. Slum Rehabilitation Schemes on open space should be sanctioned on the following Terms and Conditions:-
* Encroachment on such space would be required to ante-date the Development Plan Reservation.
* A Certificate issued by the District Collector to the effect that alternative space is not available (As certified by the Department of Urban Development).
* 35% open space would have to be clearly denoted in the Layout of the Scheme. (At the time of LOI or Commencement Certificate)
* Open space under the Scheme would have to be contiguous, usable and easily accessible.
* Exact location, scale, area and direction of the open space would have to be clearly denoted in the Layout Plan of the Scheme, so that such Layout Plan cannot be subsequently varied.
* Sanction of the Special Urban Planning Review Committee established by the State Government would have to be obtained for such Scheme.
* No Scheme should be sanctioned without fulfilling the aforesaid conditions.
4. Developing Open Space as Park:-
In a Slum Rehabilitation Scheme to be implemented under Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations – 2034, it would be mandatory to develop 35% open space, as set out, hereunder:-
* Green Landscaping and tree plantation for the purpose of providing shade.
* Waling Tracks and appropriate lighting.
* Providing benches for sitting, toys, fitness zone, drinking water and such other amenities.
* Undertaking measures for sewage management and safety.
* Putting up Display Boards on such land indicating that it is a public place.
5. Transfer and Maintenance:-
* Within 90 days of getting Occupation Certificate, the open space developed as set out above, should be officially transferred to the Local Self-Government Body. (Municipal Corporation for Greater Mumbai or other)
* While transferring such developed open space following terms should be dictated to the Developer:-
(1) To provide capital grant or maintenance fund for the maintenance of the developed open space.
(2) The Developer would be obliged to furnish an Indemnity/Undertaking for the maintenance of such space for 3 years.
6. Submitting Six Monthly Reports:-
The Slum Rehabilitation Authority should submit an Affidavit before the Hon’ble High Court at the interval of every six months, vis-à-vis the following aspects:-
(1) A list of the Schemes sanctioned under Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations- 2034.
(2) Data concerning the status of development and transfer of 35% open space should be included.
The Affidavit submitted by the Slum Rehabilitation Authority shall be regularly inspected by the Hon’ble High Court. All the aforesaid directions given by the Hon’ble High Court shall be indisputably observed and they should be promptly and meticulously enforced.
7. This Government Circular has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 202510101557521609. This Circular is 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 Secretary, Chief Minister’s Secretariat, Mantralaya, Mumbai,
[3] The Private Secretary to the Hon’ble Deputy Chief Minister, Mantralaya, Mumbai,
[4] The Private Secretary to the Hon’ble Minister of State (Housing), Mantralaya, Mumbai,
[5] The Senior Personal Assistant to the Hon’ble Chief Secretary, Maharashtra State, Mantralaya, Mumbai,
[6] The Personal Assistant to the Additional Chief Secretary (Housing), Department of Housing, Mantralaya, Mumbai,
[7] The Hon’ble High Court, Mumbai,
[8] The Commissioner, Municipal Corporation for Greater Mumbai, Mumbai,
[9] The Chief Executive Officer, Slum Rehabilitation Authority, Administrative Building, Anant Kanekar Marg, Bandra (East), Mumbai -51,
[10] Desk – ZoPaSu- 1 (Select File).
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[Text Translated by Adv. Prakash Manohar Chalke
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