UDCPR Prsentation Patil Sir 12 To 15

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UNIFIED DEVELOPMENT

CONTROL AND
PROMOTION
REGULATIONS FOR
MAHARASHTRA STATE.

Chapter No. 12 to 15
IMPORTANCE OF DCPR

• Legal hierarchy – Act, Rules, Regulations


• Section 22(m) of MR & TP Act provides for permission to be
granted for controlling and regulating the use and development
of land.
• Integral part of DP
• Plan indicates land use zones, reservations, utilities and
transportation network,
• Report indicates philosophy of planning and phasing of
implementation.
• DCR is tool to implement the Development Plan.
• Third dimension of the city.
• Court of law has held that – it is act in itself and permits to
have reasonable restrictions on the use of land.
• Powerful tool – use it diligently
HOW TO READ DCPR

• Sequence -
• Language and its interpretation -
• Letter and spirit / intent, context
• Proviso – contextual riders / conditions
• Cross linkage
• Tables and notes
• What would prevail over what
– Not withstanding anything, contained in these regulations
– Not withstanding anything contained in regulation no.---------
FREQUENT MISTAKES AND PRECAUTIONS
• Levy of Charges - which, when
• Calculation of Charges – Development charge, Premium
Charges – while referring ASR.
• Provisos and notes not read properly
• Calculation of FSI
• Availability of existing access of required width
• Mention of unnecessary conditions
• Procedure of revocation u/s 51 not followed
• Communication of various compliances at various times
• Disposal / communication not in time
• Too much reliance on Online System of permission
• Layouts / subdivision of adjoining lands not referred
REASONS FOR APPEAL U/S 47

• Permissibility of users

• Permissibility of FSI

• Misinterpretation of the provision

• Unnecessary and unlawful undertaking from the applicant.

• Clarification by Govt./DTP not considered


CHAPTER – 12
STRUCTURAL SAFETY, WATER SUPPLY, DRAINAGE AND SANITARY
REQUIREMENTS, OUTDOOR DISPLAY AND OTHER SERVICES.
• Structural Design as per NBC amended for time to time, for resistance of Earthquake, Fire safety, Natural

calamities, Certificate from licensed Structural engineer.

• Quality of material and workmanship as per standards of PWD and IS codes

o during construction, no borrow pit be created to cause accumulation of water.

• Alternative materials, Methods of design & Construction and Test

• Building services – planning, design and installation of electrical appliances, A/c, heating work shall be

according to NBC.

• Water supply, Drainage and sanitary requirements.

– Follow the requirements given in the various table for various occupancies in the UDCPR.

• Signs and outdoor display structures shall be accordance with NBC and directives by Government, rules

framed by the Authority, no such structure be permitted on Heritage / Architecture / Aesthetical building, on

Government buildings signs related to the activities of the said building.


CHAPTER 13
SPECIAL PROVISIONS FOR CERTAIN BUILDINGS

 Provision for Barrier Free Access


• These regulations are applicable to all buildings and facilities used by the
public such as educational, institutional, assembly, commercial, business,
mercantile buildings constructed on plot having an area of more than 2000
sq.m. It does not apply to private and public residences.

 Access Path / Walk Way


• Site development Level of the roads, access paths and parking areas shall be
described in the plan along with specification of the materials.
• Access path from plot entry without any steps.
• Slope, if any, gradient not greater than 5%.
• Selection of floor material ( Guiding Floor Material) shall be made suitably
to attract or to guide visually impaired persons.

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 Parking
• Surface parking for two car spaces shall be provided near entrance with
maximum travel distance.
• Guiding floor materials shall be provided or a device, which guides visually
impaired persons with audible signals,The information stating that the space is
reserved for wheel chair users shall be conspicuously displayed
 Building requirements
• Approach to plinth level( by Ramped Approach or by Stepped approach -Every
building should have at least one entrance accessible to the differently abled and
shall be indicated by proper signage. i) This entrance shall be approached through
a ramp together with the stepped entry device that emits sound to guide visually
impaired ii) In case there is a difference of level, slope ways shall be provided
with a slope of 1:12. iii) Hand rails shall be provided for ramps/slope.
• Corridor connecting the entrance/exit for the handicapped can be provided to
visually either by a person or by signs, shall be provided i) Guiding floor
materials or ways.
• Stair-ways-One of the stair-ways - near the entrance / exit for the differently
abled shall be provided.
 Lift-
• provision of at least one lift shall be made for the wheel chair user

 Toilet
• One special W.C. in a set of toilets shall be provided for the use of differently
abled with essential provision of washbasin near the entrance for the
handicapped.

 Drinking Water
• Suitable provision of drinking water shall be made for the differently abled
near the special toilet provided for them.
 Installation of Solar Assisted Water Heating System (SWH) Roof Top
Photovoltaic System (RTPV)

• SWH or RTPV systems shall be mandatory in all types of buildings to be


constructed on plot area of more than 4000sq.m.
• All such buildings where SWH/RTPV are to be installed will have open
sunny roof area available for the installation of SWH/RTPV.
• The roof loading adopted in the design of such building should be at least
50 kg. per sq.m. for the installation of SWH/RTPV.
• At least 25% of the roof area shall be utilized for installation of the
SWH/RTPV system.
• Precaution should be taken that architectural elevation treatment should not
cast shadow on terrace space.
• All such new buildings installed with SWH shall have an installed hot water
line from the rooftop and insulated distribution pipelines to each of the
points where hot water is required in the building.
 Rain Water Harvesting

• The provision for Rain Water Harvesting shall be made for :-


─ a) All the layout open spaces/amenity spaces of housing societies and new
constructions/ reconstruction/ additions on plots having area not less than
500 sq.m. shall have one or more RWH
─ b) The owner/society of every building shall ensure that the Rain Water
Harvesting System is maintained in good condition for storage of water for
nonpotable purposes or recharge of groundwater at all times.
─ c) The Authority may impose a levy of not exceeding Rs.1000/- per annum
for every 100sq.m.of built-up area for the failure of the owner of any
building mentioned in the (a) above to provide or to maintain Rain Water
Harvesting structures as required under these regulations.
─ d ) Failure to provide Rain Water Harvesting System shall deemed to be
breach of the conditions on which the development permission has been
granted.
 Grey Water Recycling And Reuse

• For Layout Approval/Building Permission-) In case of Residential layouts,


area admeasuring 10000 sq.mt. or more, in addition to 10 % open space,
prescribed in the bye- laws, a separate space for Grey Water Treatment and
Recycling Plant should be proposed in the layout. This may be proposed in
Amenity space
• Group Housing/Apartment Building- In case of Group Housing scheme or
a multi-storeyed building having 100 or more tenements, Grey Water
Recycling Plant should be constructed. In case of EWS/ LIG tenements, this
shall be provided for tenements 150 or more.
• Educational, Industrial, Commercial, Government, Semi-Government
Organizations, Hotels, Lodgings etc.- For all above buildings having built-
up area 1500 sq.mt. or more or if Water consumption is 20,000 liter per day
whichever is minimum, then provision for Waste Water Treatment Plant is
applicable.
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 Hospitals
• Those Hospitals having 40 or more beds, Waste Water Recycling Plant is
applicable.

 Vehicle Servicing Garages


• All Vehicle servicing garages shall ensure that the Waste Water generated
through washing of vehicles is treated and recycled back for the same use .

 Other Hazardous uses


• All other Establishments/ Buildings where chances of Waste Water generated
containing harmful chemicals, toxins are likely and where such water cannot
be directly led into municipal sewers, the concerned Competent Authority may
direct the Owners, users of such Establishments, Buildings to treat their Waste
Water.

 Incentive
• The Owner/Developer/Society setting up and agreeing to periodically maintain
such Grey Water Treatment and Recycling Plant entirely through their own
expenditure shall be eligible for an incentive in the form of fiscal benefits in
Property Tax to the extent of 5% to Tenement holder/Society.
 Penalty Clause-
• Any person/ Owner/ Developer/ Organization/ Society violating the
provisions of these bye- laws, he shall be fined Rs.2,500/- on the day of
detection and if the violation continues, then he shall be fined Rs.100/- for
every day as concrete action after written Notice from Authority.

• If any person/ Owner/Developer/ Organization/ Society fails to operate as


determined by the Authorised Officer of the Authority and from the
observations of test results and/or physical verification) the Recycling
plant, then he will be charged a penalty of Rs.300/- per day and
disconnection of Water connection also.
 Solid Waste Management

• It shall be mandatory for: -

─ i) Housing complexes, Commercial establishments, hostels, hospitals


having aggregate built-up area more than 4,000 sq.m. or more.
─ ii) All three star or higher category hotels.

• To establish a dedicated Solid waste management system to treat 100% wet


waste being generated in such buildings.
• The treatment of wet waste shall be done through an organic waste
composters/ vermiculture pits or other similar technologies of suitable
capacity installed through reputed vendors.
• The disposal of dry waste, e-waste, hazardous waste shall be carried out
through authorised
• recyclers or any other system as specified by the Authority
 Public Policy
• “Policy is a decision-making framework or course of action to achieve a
desired effect or change.” In the context of the public sector, policies
support political purposes by Government or administrative directions by
organizations in response to the changing world around them.

• Plan of what to do that is formulated and implemented for the benefit of the
public.

• Why Policy ?- Cause- Issue


• Who prepares/owns/implements Policy?- Authority
• For whom ? – Sufferers- Target beneficiaries
• How to prepare Policy ? –Policy Cycle
• How to measure the impact?- Indicators
• Whether success or failure?- Evaluation
• Changes / Modifications- Revision
• Public Policy- as a context driven phenomenon
 Goals, Policies and Programes

Enhancing literacy and


Reduction in the drop- Goals
outs

Free and comp.edunto


childrenbetnage 6-14 Policy1 Policy2
yrs

SarvaShikshaAbhiyan ProgmA ProgmB ProgmC


 Significance/ Role of Public Policy

• Participatory and democratic in character : It improves the democratic


and political capacities of the people as its purpose involves enlightenment,
the fuller development of individuals, and the devpt of consensus, social
awareness, and legitimacy.
• Developmental role: Helps in achieving socio-economic devpt. and
maintaining national unity and integrity
• Mechanism for shaping the future : It helps share the future by projecting
new policies and choices
• Understanding real politics underlying its framing : Its study helps in
describing, analysing and explaining causes and consequences of a
particular governmental activity on socio-economic conditions in society.
• Professional utility: Policy studies produce professional advice by
permitting to apply social science knowledge to the solution of practical
problems
• Political utility : People with political goals study it to learn how to
promote their preferred policy options.
CHAPTER – 14
SPECIAL SCHEMES
Integrated Township Project (ITP)
 Township Policy - Revisions
FSI in
Policy FSI in Green
Residential Zone Backdrop Salient features
Version Zone of RP Area
of RP Area
Attracting foreign direct Global FSI,
investment, encouraging private 10% of the Residential FSI for
2005 0.5 1.0
sector for development of tenements of up-to 40 Sq.mt.
Township size
1.0 + 0.20 for Learnings – Allowing economic activities,
0.5 + 0.10 for
EWS/LIG ITP as Dormitory Town, Lack of Incentive FSI for social housing
EWS/LIG (without
(without affordable housing stock, no (EWS/LIG), Additional FSI on
2014 Premium) +
Premium) + additional incentive for Townships payment of premium scaled
Premium FSI for
Premium FSI for of bigger areas. with size of the township.
bigger Township
bigger Township
Additional FSI for Industries, ITP allowed in almost all
Educational on payment of suitable zones on payment of
1.0 on payment of 1.0 + 0.20 for
premium, Smart cities, Ease of premium, Economic Activities
Premium + 0.20 EWS/LIG
doing business, Right to services- (20% of the total FSI) is allowed
for EWS/LIG (without
2016 More flexibility, in terms of built-up area on
(without Premium) Premium) +
10% of land.
+ Premium FSI for Premium FSI for
 Smart township parameters
bigger Township bigger Township
introduced, time-limits
specified, procedure simplified.
1.0 + 0.20 for High initial investments required Premium to be paid is reduced
1.0 + 0.20 for
EWS/LIG by the proponents. to half, Permissibility in case of
EWS/LIG (without
(without certain lands allowed subject to
2018 Premium) +
Premium) + NOC from respective
Premium FSI for
Premium FSI for Department.
bigger Township
bigger Township
 Requirements of Site
• Any suitable area having area of 40 hect. (100 Acres) or more at one place which is
one, contiguous, unbroken and uninterrupted.
• if area is divided by one or more water courses (such as nalas, canals, etc.), existing
or proposed roads of any width or by railways, pipeline etc., shall be treated as one,
if necessary connecting roads or bridges are constructed as per site requirements
at his own cost with due permission from concerned authorities.

 Integrated Township area may also include;-


• Lands in afforestation zone which is not a forest land and subject to no
construction being allowed on land having slope more than 1:5.
• Lands within the buffer zone of National Park subject to restriction on
development permissible in such buffer zone and subject to NOC of Forest
Department.
• Tribal land subject to permission granted under MLR code,
• Government lands allotted to project proponent subject to clause 13.2.
• Grant of Government land: - The Government land/s within the project area may
be granted to the project proponent subject to maximum 10% of the total area
under Township.
Contd…
d) Private forest land only after necessary permission under the provision of Forest
Conservation Act, 1980.
e) Buffer zone of Eco-sensitive Zone notified subject to all restriction on
development and FSI permissible in such buffer zone.
f) Areas under flood line / flood zone subject to clearance from Water Resource
Department.
g) Areas under Hill Top / Hill Slope Zone, and buffer zone of National Park, Eco-
sensitive Zone, flood line / flood zone restricted to maximum 40% of total area
under ITP.

 Subject to following restrictions-

• Restriction on development - No construction on the lands within the HFL (Blue


line), land in Hill Top & Hill Slope Zone and on lands having slope equal to or more
than 1:5.
• However, such lands may be used for Plantation, Park, Garden purposes, access
road to township development with minimum cutting and other users as
otherwise permissible in respective Regional Plan / Development Plans.
Requirements of Site
The ITP Area shall not include the area under:-
a) Notified forest, (excluding the private forest land subject to NOCs of forest
Department.)
b) Water bodies like river, creek, canal, reservoir, etc. Mangroves, Tidal Zone,
Mud Flats
c) The area under Notified National Parks.
d) Defense Estates
e) Cantonment Boards
f) Any restricted area.
g) Quarry Zone, Notified SEZ, designated port / harbour areas, wildlife
corridor and biosphere reserves, Gaothan / Congested Area.
h) The historical and archeological places notified under the relevant act.
i) Any other area that may be declared by the Govt. of Maharashtra from time
to time.
Requirements of Site

• If the Integrated Township area is more than 200 Ha., it can be segregated as
long as each parcel is more than 40 Ha. and is located within a radius of 5
kms. Provided that the land use mix is maintained in each parcel.
• Access by means of an existing, or proposed road having minimum width of
18 mt. In case of proposed road, such area shall have an access by existing
road having width 12 mt. for the purpose of declaration locational clearance
and LoI of such project but it is necessary for the project proponent to have an
existing access of 18 mt. before sanction of Commencement Certificate to
the FSI beyond 25% of project.
Ownership of Lands

The project proponent/s shall have the ownership of all the land parcels under
project. (Explanation - for this clause, ownership includes rights accrued vide
one or more registered Development Agreement/s or Power of Attorney
(PoA) for such development and disposal, on behalf of land owner/owners).
 F.S.I.
• The FSI of such lands shall be permissible 1.0, if premium is paid by the project proponent.
The FSI is to be calculated on Gross Plot Area under Master Layout Plan without deducting
any areas under the slopes within HFL, etc.
Type of Zone Premium Charges
A Afforestation Zone, Hill Top & Hill Slope Zone as shown on Regional Plan / 15 %
Development Plan.
B Public / Semi-public Zone, Industrial Zone, TH & LP 8%
c Agriculture/ No Development Zone/G1 zone / Low Density Residential Zone / 10 %
Buffer Zone of ESZ and other zones excepting at Sr. No. a & b above.
• Premium charges shall be calculated by considering the agriculture land rate of the said
land as prescribed in Annual Statement of Rates (ASR) without applying the guidelines. If
agriculture land rate is not mentioned in ASR, in such cases the Agricultural land rate for
such land will be decided by referring the matter to the Inspector General of Registration.
Thereafter the premium will be calculated by considering the land rate given by IGR in such
cases.
• Out of total premium
– 10% - Locational Clearance,
– 10% - letter of Intent,
– 20 % - sanctioning of Master Layout Plan
– 60% - four equal installments per year and subject to interest as per Prime Lending
Rate. (PLR)
Additional FSI for Bigger Townships
Additional FSI on payment of premium at the rate of 10% of the weighted average land
rate of the said land as prescribed in Annual Statement of Rates for the relevant year, without applying
the guidelines therein. Such premium shall be paid at the time of Building permission.

Area under Township Additional built-up area on payment of premium


40 hec. and up to 200 Hector. Up to 70 % of basic permissible FSI
More than 200 hec. and up to 500 Hector Up to 80 % of basic permissible FSI
More than 500 Hector Up to 100 % of basic permissible FSI

• Additional FSI in lieu of construction of tenements for social housing shall be permissible as
prescribed in Clause 9, without charging premium.
• Flexibility to utilize the maximum permissible built-up area as prescribed above, anywhere in the
area under sanctioned Master Layout Plan.
Social Housing:- Not to be counted in F.S.I., No Premium.
Total Area of ITP = 40 Hect.

Area under Residential (Minimum 60% of Total Area) = 24 Hect.

Social Housing Component (15% of 24 Hect.) = 3.6 Hect.

Built-up Area under LIG tenement (75% of 3.6 Hect.) = 2.7 Hect

Built-up Area under EWStenement (25% of 3.6 Hect.) = 0.9 Hect

1/3 tenements of LIG as well EWS to be kept as rental Housing Tenements

(Area to be specified by MHADA)


Social Housing Allotment
• Upon intimation, by the proponent MHADA within a period of six months, by following
lottery system.
• Mhada to prepare the list of the allottee and forward to the Project Proponent/s.
• The project proponent shall dispose of such housing tenements to the allottees at the
construction cost mentioned in ASR applicable of the year of disposal (date of occupancy
certificate) plus 25% additional cost.
• Out of this 25% additional cost, 5% shall be paid to MHADA towards administration charges.
• If the allottees fails to deposit the amount within specified time limit, then the allotment shall
stand cancelled and MHADA can give fresh names of allottees from waiting list within one
month.
• if the MHADA is unable to provide the list, the project proponent shall dispose of such social
housing tenements in the market at the construction cost in ASR applicable to the land of the
year of disposal plus 20% additional cost.
• Every Occupation Certificate for the regular tenements shall be granted only along with the
Occupation Certificate in proportionate with Social Housing component.
• Amalgamation of such Social Housing tenements shall not be permitted in any case.
• The purchaser of tenement to deposit 10% of the construction cost of tenement, at the time of
occupation, with the Project Proponent/s as one-time maintenance.
Process & Timelines
• Location Clearance by State Govt in consultation with DTP- 90 days-
valid for 2 yrs
• Letter of Intent by Collector- 45 days-valid for 2 yrs.
• Master Layout Plan approval by Collector in consultation with Divisional.
JDTP - 10 days for reference, 2 months for Divn,1 month for Collector
• Approval to building Plan by branch office- 30 days.
• Plinth checking by branch office-Certificate not necessary, if as per
approved plan, if rejected – demolition and action against proponent and
architect
• Occupancy Certificate by Collector in consultation with branch office - 10
days for reference, 1month for branch, 1 month for Collector
Various amenities to be provided for ITP of 40 Hect. –
• Gardens and Parks – 5% of Master layout area
• Play Grounds – 7.5% of Master layout area
• Sector layout open space - 10% of (Sector Area – Roads in Master Layout
and Town level amenity spaces excepting economic activities)
• Combined Schools - 5000 sq.mt. plot with 5000 sq.mt. built-up.
• Play Ground attached to school – 7 sq.mt per student.
• Community Health Care Facilities – Plot area 1000 with built-up area
1500sq.mt.
• Community Market - Plot area 1000 sq.mt.
• Vegetable Market - Plot area 1000 sq.mt.
• Public Assembly Facilities – Town hall / Auditorium + Library – 5000
Sq.mt.
Economic Activities – Market, Multiplex, Mall, IT & IT enabled services, SEZs,
Essential Shopping, Recreational Centers, Trade & Commerce, Education,
Hospitals, Non-polluting industries, Service Industries, Entertainment, Tourism,
Star Category hotels, Convention Centers, Gymnasiums, Workshop, Hostel etc…
Minimum Plot Area – 40000 Sq.mt. with 80,000 sq.mt. built-up area.
Public Utilities-
Fire brigade – 3000 sq.mt.
Sewage Waste Management Projects – 4000 sq.mt.
Cremation / Burial Ground – 2000 sq.mt. Each.
Bus Station / Transport Hub – 3000 sq.mt.
Police Station – 1000 sq.mt. (not required if available in 1 km area)
Electric Sub-Station, Other Public utilities, Public Parking Facilities, Solid Waste
Management – As per requirement
h) Transport & Communication:-
i) The entire area of the project shall be well-knitted with proper road pattern, taking into
consideration the linkages with existing roads within the project and outside area as well. All such
roads shall be developed by the Project Proponent/s as per standard prescribed by the Indian Road
Congress.
ii) The width of the -
i. Classified Road should not be less than as may be prescribed by concerned public authority;
ii. Main / Arterial / Ring Road should be minimum right of way of 18 mt.
iii. Other Sub-Arterial roads, Collector streets, local streets, etc., shall be proposed as per the
requirements to cater to the need of occupancies on such roads including for pedestrians.
iv. Network of cycle track in entire Township area of minimum width of 3 meter shall be
provided without clashing the vehicular traffic.
iii) It may be permissible for Project Proponent/s, to realign the Regional Plan Roads, and earlier
existing roads passing through the project area, without changing the entry and exit points of
such roads.
iv) All the Regional Plan Roads and all the Main / Arterial / Ring Roads, shall always be open
for general public, irrespective of the fact that, they resides in the project or not.

General Note for Amenities (a) to (h):


i) The requirements prescribed above for items (a) to (f) are by considering FSI proposed for the
project is only 1.0. If the FSI proposed is increased or decreased then the only built up area
requirement shall be increased or decreased proportionately.
ii) The requirements prescribed above for items (g) are for Master Layout area up to & inclusive of
200 Ha. It shall be increased or decreased proportionately and may be proposed at one or more
locations, as per requirements.
Smart Township Parameters
• Develop or tie up with agency -the Efficient and timely public transportation system up to nearest station,

• Intelligent traffic management, non –vehicle street zones, smart parking, Energy efficient street lighting
,encouragement to Non-motorised transport,

• Continuous unobstructed 2m wide footpath on either sides of roads of ROW 12 m more

• Network of 3m or more wide dedicated and physically segregated cycle track in entire Township

• At least 10% energy requirement to be met by non-conventional energy sources, use of solar water
heating system, solar lamps and pumps, rain water harvesting, recycling of used water, double plumbing
pipeline

• Effective security and safety with CCTV surveillance, centrallised control room, broad band connectivity
to all residences, online grievance redressal system, citizens participation in decision making about
common issues,

• Urban design concept plans,e-DCR for bldg plans,3D maps on GIS for utility services network,
emergency response centre for all infrastructural facilities

• Real time environmental monitoring, Green building norms for the infrastructure as per guidelines under
Smart City.
General Stipulations:-

• Development of basic infrastructure and amenities shall be completed by


the Project Proponent/s to the satisfaction of the Collector either for whole or
as per phases, of the project.

• It shall not be mandatory for the Project Proponent/s to provide Amenity


Space as otherwise required as per regulation of Regional Plan / Development
Plan, if any.

• The Project Proponent/s shall plant indigenous trees at the rate of at least 150
trees per ha. and maintain it properly.

• All the amounts of scrutiny fees, charges, premium etc. payable to the
Government shall be deposited with the concerned Branch office of the
Town Planning.
• The Project Proponent/s shall submit a bank guarantee of an amount equal to the 15% of estimated
development cost required for development of the basic Physical infrastructure such as roads, water
supply, drainage & garbage disposal, Trunk installations for power supply, fire brigade station & fire
engines.
• Such development cost be worked out as per respective phases taking into consideration the phased
programme for development of infrastructure.
• Developer shall complete the Special Township Project within 10 years or such period as allowed by the
Government from the approval to the master plan. Developer shall develop and maintain the all
infrastructure (internal street light, roads etc.) up to the completion of the ITP project.
• Within such period or till the authority is formed as per clause no.12.9, the concession in property tax
levied by the respective Grampanchayat or the respective Planning Authority shall be 66% of normal
rate as prescribed under the Grampanchayat Act or under Maharashtra Municipal Council, Nagar
Panchayat and Industrial Town ship Act 1965 or Maharashtra Municipal Corporation ACT. Such
property tax shall be levied from date of Occupancy Certificate.
• Respective Grampanchayat / Planning Authority shall provide mandatory provisions like Birth and
Death Registration Certificate etc. for the same period in such ITP.
• The utilities like fire brigade, police station / chauki etc. shall be handed over to the nearest respective
Authority at the terms and condition decided by the respective authority.
• It shall be mandatory for the Project Proponent/s to provide appropriate width of road to the land not
owned by the project proponent which is surrounded by the Township Area
Special Concessions:-
1. Deemed conversion for Non-Agricultural (N.A.) Use:- The lands under approved
Master Layout Plan shall be considered as deemed N.A. No separate permission shall
be required under the provisions of Maharashtra Land Revenue Code, 1966. The
amount of nonagricultural assessment shall be exempted to the extent of 50% of
the normal rate for the land under Integrated Township Project.
2. Grant of Government land: - The Government land/s, if surrounded or adjacent by
the lands owned by the Project Proponent/s, may preferably be granted to the Project
Proponent/s, as per the rules and regulations to that effect, by the Revenue and Forest
Department of the State Government. Maximum 10% of the total area under
township shall be allowed to be included in such township.
3. Concession in Stamp Duty:- For the purchase of land by project proponent for
township area or for the first transaction from Project Proponent/s to Purchaser of any
unit under any user from approved Master Layout Plan or subsequent building plan
under this Regulation, concession of 50% of stamp duty as otherwise required under
the Mumbai Stamp Act, shall be granted. This concession will be available only at one
stage i.e. either at the time of land purchase or at the time of sale of units. Also, if the
project proponent assigns the rights to his own subsidiary companies for the running of
the Amenities in such Township project as per the approved plan in such cases
concession of 50 % of stamp duty as otherwise required under the Mumbai Stamp
Act, shall be granted.
4. Exemption in payment of Development Charges:- 50% of the amount of
Development Charges under sub-section (3) of Section 124F of the said Act shall be
exempted for institution use or, change of use of any land or building or, development
of any land or building, proposed for project undertaken by a Project Proponent/s
under this Regulation.
5. Relaxation from Mumbai Tenancy and Agriculture Land Act:- The condition
that, only the agriculturist will be eligible to buy the agriculture land shall not be
applicable to the Project Proponent/s for purchasing agriculture land for Integrated
Township under this Regulation.
6. Exemption from Ceiling for holding agriculture land:- The limit for holding
agriculture land, stipulated in the Maharashtra Agricultural Lands (Ceiling and
Holdings) Act, 1961 shall not D:\Pune Desk\Policy Matters\STP\Notification.doc 26
be applicable to the Project Proponent/s for development of Integrated Township
Project under this Regulation.
7. Exemption from scrutiny fee:- The amount of scrutiny fee shall be exempted to
the extent of 50% of the normal rate for building permission under Integrated
Township Project.
8. Exemption from royalty on minor minerals:- The amount of royalty on minor
minerals as per the Maharashtra Minor Mineral Extraction (Development and
Regulation) Rules shall be exempted to the extent of 50% for the earth which is
extracted while developing the land within Township area and fully exempted if the
said excavated material is used in the same project.
 Transition Policy:-
• It shall be permissible for the Project Proponent/s, to whom Special Township
Project has already been granted location clearance and / or LOI or the project
is ongoing wherein part Occupancy Certificate is granted before 26/12/2016.
─ Continue such Special / Integrated Township Project under the erstwhile
regulations under which LC is granted without considering these
regulations.
─ If the project proponents wish to develop township according to this
regulations then he may apply for grant of Letter of Intent or Master
Layout Plan as the case may be wherever required, under this regulation.
─ If in case as described in Clause 14.1(b), the construction of the project is
on-going and the Occupation Certificate, either in fully or partly has been
granted or not been granted, it shall be permissible for the Project
Proponent/s to choose an option to prefer this regulation subject to
payment of premium as prescribed in Clause 7.1 and 7.2. In such cases
premium shall be calculated on balance area which shall be the difference
of FSI permitted as per earlier regulation and that being availed as per this
regulation.
 Appeal: -

• Anyone aggrieved by an order passed under prevailing byelaws may within


forty days of the date of communication of the order prefer an appeal to the
Director of Town Planning, Maharashtra State, Pune. The appeal shall be
decided within 60 days.

 Control by the State Government –

• Director of Town Planning M.S Pune is authorised on behalf of Government


to monitor the Township Project and submit his report once in six months to
Government.
Updated till 30.09.2018

Details of Location Clearances Granted for ITP’s

S.N. Division District No. of Townships Total Area Range of Township Area

1 Konkan/ Thane 6 492.09 41.35 Ha. to 231.32 Ha.


Mumbai
Raigarh 8 482.76 40.45 Ha. to 106.24 Ha.
Sindhudurg 1 46.42 46.42
Total 15 1021.27 40.45 Ha. to 231.32 Ha.
2 Pune Pune 24 2214.59 40.35 Ha. to 285.48 Ha.
3 Nagpur Nagpur 5 356.83 44.70 Ha. to 126.61 Ha.
Total 44 3592.69 40.35 Ha. to 285.48 Ha.
 ITP for DP area
• Share of local / planning authority.
─ 2% of gross area shall be handed over free of cost to the authority for
development of city level facilities.
• Base FSI of such 2% land shall be made available to the applicant on
remaining.
• This area shall be accessible by major road and shall not contain hill slopes.
 Transit Oriented Development (TOD)
• For Pune Municipal Corporation area.
– FSI permissible 2.00 to 4.00 according to road width and plot area.
– Premium to be charged for FSI above permissible under the UDCPR.
• For Pune Metropolitan Region Development Authority area.
– Same as per PMC regulations.
• For Nagpur Municipal Corporation and Nagpur Metropolitan Region
Development Authority.
– Existing regulations applicable.
• For other Municipal Corporations and other Metropolitan Region
Development Authority area.
– Same as per PMC regulations.
 Affordable Housing Scheme.
• Permissible in residential zone only on independent and contiguous plot.
• On existing or proposed 18 m. road, land under proposed road to be
acquired before approval of building plans.
• Minimum plot area shall be 4000 sq.mr. excluding area under DP road /
Village road.
• Not permissible in congested areas.
• FSI permissible 3.00 (including basic FSI 1.00) on gross plot area including
recreational open space and amenity space.
• Affordable Housing Component and the Free Sale Housing Component on
¼th and ¾ th part of the land respectively with FSI sharing as 1:3.
 Affordable Housing Scheme.
• In ¼ th area dwelling unit of 27.88 sq.mt. carpet area with FSI of
3.00, are to be constructed and to be handed over to the authority.
• 15% of the built-up area for affordable housing component may be
used for construction of shops or commercial use and to be handed
over free of cost to the ULB.
 Affordable Housing Scheme.
• Amenity to be0 provided proportionately in the area of AH component and
free sale component.
 In case of residential user allowed in industrial zone, no further amenity
space is required, if such amenity space already provided is equal to or
more than 10% of the gross plot area. If, i.e. less than 10%, only short
fall is to be provided.
 Amenity space to be developed by the developer / owner for users like
school playground garden, Healthcare facilities Multipurpose hall,
Auditorium with the approval of authority subject to at least 50% of
amenity space to be kept for open users. Such developed amenity to be
handed over within one month from the date of application for seeking
occupancy certificate for free sale component.
 Affordable Housing Scheme.
• Welfare hall and balwadi – 30 sq.mt. for every multiple or part of
200 residential units. (Free of FSI) to be handed over free of cost.
• Office for co-operating housing society – 30 sq.mt. for every
multiple or part of 500 residential units. (Free of FSI) to be handed
over free of cost.
• Off-site infrastructure charges at 5% of the land rate in ASR for the
year of commencement for the built-up area over and above in
normal permissible FSI.
 Affordable Housing Scheme –
• Release of FSI under the Scheme :-
Affordable
Free Sale
Sr. No. Stages of Release of FSI Housing
Component*
Component*
1. On Grant of Building Permission / Commencement 3.00 1.00
Certificate up to plinth by Commissioner to the
Affordable Housing Project
2. On Completion of 50% BUA of Affordable -- 0.75
Component
3. On Completion of 100% BUA of Affordable -- 0.75
Component
4. On handing over of 25% land and completed -- 0.50
Affordable Component
Total 3.00* 3.00*

• The FSI of 3.00 is to be calculated separately on the one-fourth of plot area for
Affordable Housing Component as well as three-fourth of plot area for Free-Sale
Housing component.
 Affordable Housing Scheme –
• The affordable housing stock created under the scheme shall be allotted by the
concerned ULB as per the prevailing policy of MHADA regarding pricing and
disposal

Table No. 14 T
Percentage Allotment to Category of stock Rate of allotment

50 Respective ULBs for use as PAP Ownership Free of cost


ownership free of cost tenements or
staff quarters or transit
accommodation.
25 Government of Maharashtra and its Ownership Free of cost
statutory bodies/Govt. undertaking
for use as PAP tenements or staff
quarters or transit accommodation
25 As affordable housing by MHADA Ownership Free of cost to
subject to the general or specific MHADA which shall
direction of the Government dispose of the same as
per its policy and
drawl of lots
 Affordable Housing Scheme –
• if the Government of Maharashtra or any of its statutory bodies/
Government Undertakings doesn’t place firm requirement for the housing
stock earmarked for them in the Scheme before the completion certificate /
occupation certificate for the said scheme is issued, the same shall come to
the share of MHADA for outright sale as per the prevailing policy of the
MHADA.
• Developer / Owner can utilised FSI available for free sale – fully or partly
for any other permissible user.
• Relaxation in marginal open spaces (with clear margin of minimum 6 mtrs)
without charging any premium.
 Pradhan Mantri Awas Yojana
• For D.P. Area.
– For Developable Zone.
─ Maximum building potential as per road width subject to 2.5 basic
FSI. For building potential above 2.5, premium FSI or TDR or both
can be utilised for the permissible uses.
─ 10% of the basic FSI for Commercial is allowed.
─ Commissioner / CO to verify feasibility of providing basic
infrastructure like electricity, water supply, sewage required for the
project.
─ On-site infrastructure to be provided by project proponent.
─ Carpet area not more than that decided by State Government in
respect of EWS/LIG housing.
─ Amalgamation of two or more tenements are not allowed.
─ All other guidelines as per PMAY.
– For Agricultural Zone.
─ Minimum width of road 9.00 m. and FSI 1.00 on gross plot area
 Pradhan Mantri Awas Yojana
• For R.P. Area.
– For Mumbai Metropolitan Regional Plan area
 Permissible in U-1, U-2 / Urbanisable Zone with
 Maximum building potential as per road width subject to 2.5 FSI.
 10% Commercial allowed.
 Other zones - minimum width of road 9.00 m. and FSI 1.00 on gross
plot area
– For Other Regional Plan Areas -
 Permissible within 2 k.m. distance form the boundary of Municipal
Corporation and 1 k.m. the boundary of Municipal Council / Nagar
Panchayat – with same provisions as in case of DP area.
 Conservation of Heritage Buildings / Precincts / Natural features.

• Applicability - to heritage sites within the areas of planning authorities and regional plan.

• Preparation of list –
 authority to prepare list on advice of heritage committee and publish for suggestion /
objections and issue notice to the owner, give hearing, finalize the list, and send to State
Government for approval. No modification u/s 37 or 20 is necessary.
 Structure not complying the characteristics specified shall not be included in the list.
 All heritage structures to be documented in the heritage list card to be duly authenticated
by the authorized heritage conservationist upon his site visit, stating the significance of it
for its appropriate grading.

• Restriction on development, Redevelopment/repairs –


 No development or redevelopment or engineering operations or addition, repairs, renovation
including the painting of buildings, replacement of special features or plastering or demolition
of any part thereof of the said listed buildings, or listed precincts or listed natural features shall
be allowed except with the prior written permission of the Authority. Authority to consult
committee but in exceptional cases the advice of the committee can be overruled.
 In case of demolition, major alterations / additions, suggestions form public to be invited by the
committee.
 DRC to be granted to owner against compensations towards rejection of his application for
development or granting it with conditions which deprives him from using the allowable FSI.
 The utilization of this TDR shall be as per TDR Regulation.
 Conservation of Heritage Buildings / Precincts / Natural
features.
• Incentive uses for Heritage Buildings – if owner gives written undertaking

agreeing to maintain the building in an ideal state of preservation, is allowed to

convert part or whole of the building to commercial / office / any other different

use i.e. beneficial to its preservation.

• Maintaining Skyline – Skyline, roof profile, built form edges, and respect the

architectural style (without any high-rise development) as may be existing in the

surrounding area to be maintained. The development within the precinct shall be

in accordance with the guidelines framed by the Authority on the advice of the

Heritage Conservation Committee.


• Grading of the Listed Buildings/Listed Precincts.
Grade-I Grade-II Grade-III
Definitions
Heritage Grade-I comprises Heritage Grade - II (A and B) comprises Heritage Grade - III comprises buildings
Buildings and precincts of National buildings and precincts of Regional and precincts of local importance for
or Historic importance, excellence in importance, possessing special architectural or townscape, they evoke architectural,
architectural style, design aesthetic merit, or cultural or historical aesthetic, or sociological interest though
technology and material usage significance though of a lower scale than not as in Heritage Grade - II. These
and/or aesthetics; associated with a Heritage Grade-I. They are local landmarks, contribute to determine the character of
great historic event, personality, which contribute to the image and identity of the locality and can be representative of
movement or institution. They have the region. They may be the work of master life-style of a particular community or
been and are the prime landmarks of craftsmen or may be models of proportion and region and, may also be distinguished by
the city and of National importance. ornamentation or designed to suit a particular setting on a street line or special character
climate. of the façade and uniformity of height
width and scale.
Scope for Change
No interventions be permitted either Grade-II (A) External, internal changes and adaptive
on exterior or interior unless it is Internal changes and adaptive reuse and reuse would by and large be allowed.
necessary in the interest of external changes may by and large be allowed Changes can include extensions, and
strengthening and prolonging the but subject to strict scrutiny. Care would be additional buildings in the same plot or
life of the buildings or precincts or taken to ensure the conservation of all special compound. However any changes should
any part of features thereof. For this aspects for which it is included in Heritage be such that they do not detract from the
purpose absolutely essential and Grade-II existing heritage building/ precinct.
minimum changes would be allowed Grade-II (B)
and they must be in accordance with In addition to the above, extension of
the original.Repairs shall be with the Additional building in the same plot or
use of like to like material. compound, in certain circumstances be
allowed, provided that, the
extension/additional building is in harmony
with (and does not detract from) the existing
heritage buildings or precincts especially in
terms of height, and facade.
• Composition of Heritage Conservation Committee – for planning authority and RP
area to be appointed by Government in consultation with Authority.
i) Chairman Appointed by the Government Chairman
ii) Joint Director of Town Planning of the Concerned Division Member
(For the areas excluding Municipal Council and Regional Plan area)
(Assistant Director of Town Planning of the District for Municipal
Councils)
iii) Divisional/ District officer of Archaeological Survey of India Member
iv) Divisional/ District officer of Archaeological Survey of Maharashtra Member
v) Convenor, INTACH Local Chapter Member
vi) Heritage Conservation Architect having more than 10 years of Member
experience and membership of the Council of Architecture
vii) Historian having experience of more than 10 years in the field of Member
History.
viii) Structural Engineer having experience of more than 10 years and Member
member of Institute of Engineers.
ix) City Engineer (Planning Authority)/ Chief Planner (Metropolitan Member
Authorityor SPA or NTDA) / Chief Officer (Municipal Council) / secretary
Assistant Director of Town Planning of the District. (Regional Plan area)

• In the absence of Heritage Conservation Committee, the Authority shall consult the
Government before giving permission.
• Heritage Conservation Fund –
i. With a view to give monetary help to owners for such maintenance/repairs, a
separate fund may be created which would be kept at the disposal of the Authority,
who will utilise these funds on the advice of the Heritage conservation Committee.
The Authority may, in such cases disburse appropriate amount to the owner or may
get maintenance/ repair work done through Planning Authority/ Collector.
ii. 2% of total development charges collected shall be transferred to the Heritage
Conservation Fund.
iii. The fund may also be used to support the cost of listing of heritage sites and cost
towards expert guidance and fees for architects, engineers and other expert.
iv. The Authority shall have right to remove any unauthorized construction in the
property enlisted as heritage property and recover the expenses of such removal/
demolition work from the owner as per provisions of the Act.
v. The Authority shall have right to enter into any such heritage property to repair such
property to avoid any damage or injury, and the amount shall be spent form
Heritage Conservation Fund and shall be recovered from the owner as arrears of
taxes due to the Authority.
vi. If Heritage structure listed in Grade I needs conservation, preservation and
immediate repairs and if the structure is affected due to vandalism by occupier/
owner, then the Authority shall have right to acquire such heritage property and
conserve its heritage value.
 Slum Rehabilitation Scheme for Pune, PCMC, PCNTDA and Nagpur.
• As per sanctioned Regulations of respective cities.
 Slum Rehabilitation Scheme for other Municipal Corporations.
• Rehabilitation and Free sale Component.
Basic Ratio Incentive as per scheme
(LR/RC*) Upto 0.40 More than More than More than 5 For more
ha 0.40 ha upto 1 ha upto ha upto 10 than 10 ha
1 ha 5 ha ha
Above 2.00 1.20 1.35 1.50 1.65 1.80
Above 1.50 and 1.35 1.50 1.65 1.80 1.95
upto 2.00
Above 1.00 and 1.50 1.65 1.80 1.95 2.10
upto 1.50
Above 0.50 and 1.65 1.80 1.95 2.10 2.25
upto 1.00
Upto 0.50 1.80 1.95 2.10 2.25 2.40
• RC is the rate of construction in respect of RCC Construction and LR is the Land
Rate of open Land. FSI to be sanctioned on a Slum Rehabilitation scheme site
may exceed 3.00
• Rehab tenement size 27.88 sq.mt. carpet area.
• FSI permissible –
– Instead of earlier sanctioned FSI of 3.00, now has been modified as per
MCGM as below.
– Maximum FSI permissible that can be sanctioned on any slum site shall be 4.0
or sum of total of rehabilitation BUA plus incentive BUA whichever is more
with minimum tenement density of 650 per net hectare.
– Due to local planning constraints and viability of Slum Rehabilitation Project,
the tenement density norms of 650 net per hectare may be reduced upto 25%
by Chief Executive Officer, SRA, subject to minimum tenement density of
500 per net hectare.

• Commercial / Office / Shop / Economic Activity Free of Cost – BUA for


commercial / office / shop / economic activity upto 20.90 sq.m. (225 sq.ft.) carpet
area or actual area whichever is less, shall be provided to the eligible person free
of cost as part of the rehabilitation project. Any area in excess of 20.90 sq.m. to
the extent of existing area may, if required, be sold on preferential basis at the rate
for commercial area in the free-sale component.
• The scheme, when undertaken by a Co-operative Housing Society of slum
dwellers, may provide an additional 5 per cent built-up area on the rehabilitation
area free of cost for commercial purpose.
• Where the scheme is undertaken by a Non-Government Organization Govt. or
Public Authority or Govt. Company another additional 5 per cent BUA on the
rehabilitation area may be given free of cost for commercial purpose.
• Relaxation in Building and Other Requirements – No premium to be charged for
relaxation in case of rehabilitation component and composite buildings. However, for
relaxation in case of free sale components at the rate of 2.5% of ready reckoner rate or
10% of normal premium whichever is more.
• Slums and Development Plan Reservations -
 Slums in any zone shall be allowed to be redeveloped in-situ without going through the
process of change of zone.
 Where the area of site having non-buildable/open space reservation, is more than 500
sq.m. such sites may be allowed to be developed for slum redevelopment subject to
condition that the ground area of the land so used shall not be more than 65% of the
reservation and leaving 35% rendered clear thereafter for the reservation.
 For primary and secondary school building to accommodate not less than 500 students
and for higher education 800 students to be constructed by owner / developer at his
cost.
 For other buildable reservations excluding Municipal School or a Higher Education on
lands under slum built-up area equal to 25 percent of the area under that reservation in
that plot, shall be demanded free of cost by the Slum Rehabilitation Authority for the
Municipal Corporation or for any other appropriate Authority.
• Slum Rehabilitation Permissible on Town Planning Scheme Plots –Slum
Rehabilitation scheme can be taken up on the final plots of the Town Planning
Scheme, as per these regulations and further as per conditions given below.
a) Such slum should be notified slum.
b) If the owner of a final plot in the Town Planning Scheme has already
accepted or accepts the possession of the plot along with encroachments and
has developed / develops the remaining vacant plot with full permissible FSI
of the entire Final Plot retaining encroachments on his plot, then the slum
rehabilitation scheme on encroached plot shall be developed as follows :-
i. The Slum Rehabilitation Scheme shall be entitled for FSI as per these
regulations.
ii. The owner of Final plot can develop the slum rehabilitation scheme subject
to condition that in-situ FSI of the scheme shall be reduced to the extent of
the FSI of such encroached plot already utilized in the remaining vacant plot.
iii.The owner shall demarcate the area in his plot which is occupied by the slum
encroachments and transfer such land in the name of the Authority. The
Authority on its own or through the Co-Op Housing of Hutment dwellers
may initiate Slum Rehabilitation Scheme on the encroached area of Final
Plot. Further, the Authority shall record the number of tenements, names of
occupiers, area occupied of the time of granting permission.
• Anganwadi, Health Centre / Outpost, Community Hall /Gymnasium / Fitness Centre,
Skill Development Centre, Women Entrepreneurship Centre, Yuva Kendra / Library
Society Office, and Religious Structures – There shall be Balwadi, Welfare hall and any of
two amenities mentioned above. There shall be health Centre/ outpost, Anganwadi, skill
development Centre, women entrepreneurship centre, yuva kendra / library of size
27.88sq.m. for every multiple or part of 250 hutment dwellers. (free of FSI)
• community hall for rehab bldg. of the Project as a part of the rehabilitation component with
area as 2% of rehab built up area of all the buildings or 200 sq.mt. whichever is less. (free of
FSI)
• Provision relating to Permanent Transit Camp Tenements for Slum Rehabilitation
Scheme implemented on open plot / non-slum plot –
• Total FSI on plot area may be allowed to be exceeded upto 4 for construction of Transit
Camp tenements for SRA.
• The FSI and distribution of additional FSI for the construction of Transit Camp Tenements
shall be as shown below –
Minimum Total Zonal Additional RSI for transit % FSI for sale
Road Width Permissible FSI FSI tenements for SRA of component of total
FSI total additional FSI add FSI
Below 9.00 m. upto 3.00 1.00 upto 2.00 50% 50%
9.00 m. and utp 4.00 1.00 upto 3.00 50% 50%
above

• Such schemes shall not be permissible on lands reserved in the Development Plan and Zone
in which Residential development is not permissible.
 Urban Renewal Scheme (Cluster Policy)
• For facilitating the redevelopment of old, dilapidated and unauthorized
buildings in Thane City, new provision is introduced under Regulation No.
165 of Thane DCR on 5th July 2017 & now applicable to all corporations
vide UDCPR.

 Benefits of the Urban Renewal Scheme in Thane.

• Freeing of over 100 Ha of environmental assets from encroachment


• Development of Affordable Housing for more than 2.5 lakh families
• Development of over 650 Ha of land for public purposes
• Improved delivery of municipal services with redesigned layouts
• Inclusive, affordable and sustainable development
 Requisites of URS
• Minimum area of cluster – 10000 sqm(1 Ha.) in non-congested area.
– 4000 sq.m. in congested area.
• Bounded by distinguishing physical features.
• Accessible by 18m wide existing or proposed DP road.
• In case of sub-division by roads, nallahs, river, railway lines, 8000 sqm
in non-congested area - can be allowed in consultation with HPC.
• In case of Ulhasnagar Municipal Corporation 4000 sq.m.
 Urban Renewal Scheme.
• Allowed in any zone without the process of change of zone.
• URS can be taken up -----
• Where D P contains such well defined clusters
OR
• Under the Urban Renewal Plan notified by the Commissioner
OR
• By promotors of URS over cluster / s of buildings where such clusters are
not shown on DP and URP is yet to be prepared.
 Building Age Criteria for URC
• URC may consist of mix of structures –
– Un authorized and authorized buildings of at least 30 years age.
– Authorized dilapidated buildings.
– Any vacant / built upon land belonging to Govt. / Semi Govt.
organisations / MIDC.
– Institutional / Office / Tenanted Municipal Buildings/ Staff Quarters.
– Any other building of less than 30 years age but unfit for human
habitation / dangerous to health or safely.
– Notified slum areas or slums on public lands prior to the reference date
notified by Govt. – Not to exceed 25% of cluster area.
– Authorized buildings of less than 30 year age, buildings developed or
in the process of development can be included in the URC for
wholesome planning – Not to exceed 40% of URC area.
– Slum area + area under authorized structures not to exceed 50% of
URC area.
• Any private land owner / developer who submits such scheme to be given
priority for implementation.
 Eligibility for URC
• For buildings outside slums.
– Eligibility on the date of sanction of UDCPR (cutoff date)
– Only the eligible actual occupants of buildings / slums undergoing
redevelopment under URC.
– Persons declared eligible for allotment of tenement under any other scheme
of Govt./ Corporation outside the area of URC.
– Project affected persons outside the area of URC.
• Ineligibility Criteria
– Rights created after cutoff date.
– Unauthorized constructions made in existing / new building after cutoff
date.
– Any occupant who has been allotted subsidized housing by any public /
semi public authority.
– Any person other than the actual occupants.
– Unoccupied building / building occupied illegally.
• For slum areas.
– As per corresponding provisions of SRS.
– Slum dwellers not covered under SRS – the eligibility for rehab area be the
same as under SRS.
 Process of Determination of Eligibility
• Municipal Commissioner initiate the process for determination of
eligibility, requirement of alternative area of rehab and relocation of each
occupant.
• Designating officer /s not below rank of AMC as Authorised officer.
• Authorised officer to carry out survey
• Publication of the list of buildings and their owners / leases, occupants /
tenants.
• Suggestions and objections within one month.
• Enquiry and hearing by authorised officer.
• Authorised officer to finalize the list and publish it.
• Appeal against the decision shall lie with officer not below the rank of
DMC.
 Entitlement of Rehabilitation
• For occupants other than slum dwellers –
– Carpet area equivalent to the area occupied.
– Subject to minimum 30 sq.m. for residential purpose.
– Residential occupants of authorised building – additional 25% of the
eligible area.
– For commercial - as per actual carpet area in possession.
• Slum Dwellers
– Irrespective of whether eligible under SRS or not, Residential or
Commercial – carpet area as per SRS.
• Discretion of Municipal Commissioner.
– Alternative rehabilitation in a location outside URC – at the request /
consent of the occupant.
– If tenements having area of eligibility + / - 10% are not available,
tenements of immediately next higher area are offered subject to
payment for the differential area – if not paid, lower area tenement is
offered.
 Terms of allotment of Rehab Tenements
• For Authorised Bldgs. /Slums
– For original area + 25 % additional area -Free of cost.
– Non residential unit holder may be allotted residential unit in
consultation with HPC.
• For Existing Amenity
Ownership Existing Entitlement
Activities
Private persons / Non Residential • Commercial area upto 40 sq.m. – at 50%
organizations of ASR.
• Above 40 sq.m. 100%
Charitable / Non Residential • Area upto 40 sq.m. – free of cost.
Religious Trust • Above 40 sq.m. 50% of ASR rate of
construction.
Private persons / Education / • Area upto 40 sq.m. – 25 of ASR rate of
organizations Health care construction.
• Above 40 sq.m. - 50% of ASR rate of
construction.
 Terms of allotment of Rehab Tenements for Unauthorised Bldgs. /Slums /.
Table No. 14 X
Minimum Carpet Type of Consideration (i.e. Amount payable by the Allottee
Area of Rehab Rehab to Municipal Corporation)
Tenement Tenement
(1) (2) (3)
For Slum Area
27.88 sq. m. Residential Zero Payment if eligible under Slum
Rehabilitation Scheme Or else Construction Cost
as per ASR rates or as per any policy decided by
the Government of Maharashtra under the Slum
Act, 1971.
For Non-Slum Area
30 sq.m. Residential Free of Cost
>30 sq.m but less Residential Upto 30 sq.m. as above. Beyond 30 sq.m. at
than or equal to 50 Construction Cost as per ASR rates.
sq.m.
>50 sq.m. Residential Up to 50 sq.m. as above. Beyond 50 sq.m. at Full
Market Rate as per ASR.
Table No. 14 X
Minimum Carpet Type of Consideration (i.e. Amount payable by the Allottee
Area of Rehab Rehab to Municipal Corporation)
Tenement Tenement
(1) (2) (3)
Non-Residential/
Commercial Area
16.75 sq.m. Non – Free if eligible under Slum Rehabilitation Scheme.
Residential / Or else, Construction Cost as per ASR rates.
commercial
Area
>16.75 sq.m. but —do—— Upto 16.75 sq.m. as above and beyond 16.75 sq.m.
less than or equal to at 100% of Construction Cost as per ASR rates
40 sq.m.
>40 sq.m. —do—— Upto 40 sq.m. as above and Beyond 40 sq.m. at
100% of market rate as per ASR.
 Process & Conditions of Allotment.
• Lease conditions pertaining to transfer, formation of Co-op, Hsg. Societies,
maintenance of common amenities to be determined by corporation.
• 30 years lease renewable for further 30 years at a time.
• Allotment to owners, beneficiaries and occupants of authorized buildings
constructed on private land – on ownership basis.
• Non transferable for first 15 years, however, in case of hardship such
transfer is allowed subject to payment of premium (no premium for
occupants for authorised buildings)
 Urban Renewal Scheme. .
Sanctioned -
• Total Permissible Global FSI over the area of a URC shall be double the
value required for the rehabilitation of occupants as per their eligibility
under this Regulation, or 4.00 whichever is higher. FSI shall be calculated
over the gross area of the URC. Deducting area falling in CRZ and Forest
areas if any. However, if the area in CRZ-II is upto 25% of the URC then
the FSI shall be allowed to be used in non CRZ area however no FSI shall
be allowed for the area from CRZ-I. Out of the construction area allowed
as per Global FSI, FSI that cannot be actually utilized in URC, due to
constraints imposed by different provisions of UDCPR, or otherwise, shall
be converted into Urban Renewal TDR (URT) which shall be utilisable on
a receiving plot.
Published Modification-
• The FSI Permissible in the URS shall be the FSI required for
rehabilitation of existing occupiers / tenants + incentive FSI under this
Regulation, or 4.00 whichever is higher.
Provided that Incentive FSI shall be governed by the ratio of Land Rate
(LR) (in Rs. Per sq.mt.) of the URC under redevelopment to the Rate of
Construction (RC) (in Rs. Per sq.mt.) as per the Annual Statement Rate
(ASR) applicable to the area and size of the URC as given in table below.
Basic Ratio (LR/RC) Incentive Component on Rehabilitation Area
Above 2.00 100%
Above 1.50 and upto 2.00 125%
Above 1.00 and upto 1.50 150%
Upto 1.00 175%

Explanation :- (a) In case of different land rates area applicable to different parts of
the URC, weighted average of all the applicable rates shall be taken for calculating
the Average land rate and basic ratio. (b) The land rate and the rate of construction for
calculation of the basic ratio shall be taken for the year in which the URS is approved
by the competent authority and shall remain unchanged during the entire project cycle
of the URS. In addition to above, an additional incentive component, governed by the
size of the plot under redevelopment, shall be admissible in accordance with the Table
below :-
Area of URC Additional Incentive for area
Below 1 ha. Nil
1 ha. and below 2 ha. 5%
2 ha. and below 5 ha. 10%
above 5 ha. 15%

FSI shall be calculated over the gross area of the URC, deducting area falling
in CRZ and Forest areas if any. However, if the area in CRZ-II is upto 25% of
the URC then the FSI shall be allowed to be used in non CRZ area. However
no FSI shall be allowed for the area from CRZ-I. Out of the construction area
allowed as per Global FSI, FSI that cannot be actually utilized in URC, due to
constraints imposed by different provisions of UDCPR, or otherwise, shall be
converted into Urban Renewal TDR (URT) which shall be utilisable on a
receiving plot.
 Urban Renewal TDR
• To be released by commissioner in stages – but not to exceed
– construction done in URC for buildings where OCs having granted
– 50% of construction done for building where OCs have not been
granted.
– In case of building potential left as per ceiling of 4 FSI – Construction
for free sale is allowed.
– In case FSI available in URC is < 4 – 50% of the difference in FSI shall
be constructed in the form of EWS / LIG tenements to be used for
transit / PAP / Staff Quarters.
– If not needed for these purposes, they shall be disposed and proceeds
realised to be deposited in Shelter Fund.
 Development of DP Reservations in URC
Reservation Manner of Development
Parking Built-up area equivalent to zonal permissible FSI – to be handed over
free of cost and free of FSI
Other Buildable Built-up area = 60% of zonal permissible FSI or existing built-up
Reservation area of the amenity whichever is more - free of cost and free of FSI
PH / HDH & HD Built-up area = 30% of zonal permissible FSI - to be handed over
free of cost and free of FSI
DP Road /Regular Entire FSI admissible under this regulation may be given in the same
Line of Street. scheme.
Non Buildable a) Up to 500 sq.m. - To be cleared by shifting tenants.
Reservation b) More than 500 sq.m. – minimum 50% of the area or 500 sq.m.
whichever is more shall be developed and handed over the
remaining land allowed for development.
c) Except PG - More than 2000 sq.m. – minimum 50% of the area
or 2000 sq.m. whichever is more shall be developed fro the said
purpose.
• Composite development of compatible reservations are permitted.
• Built-up area in excess of zonal permissible FSI can be taken, if required and such
excess area to be treated as rehabilitation FSI for which incentive FSI is permissible.
 Contents of plan for URCs
• Plan for overall development/Redevelopment of specific areas for urban
renewal.
• Strategies and plan for dealing satisfactorily with areas of bad layout,
obsolete development and slum areas and relocation and rehabilitation of
population.
• Open spaces, gardens, playgrounds and recreation areas.
• Area or areas required for making the implementation of such plan for
Urban Renewal viable.
 Process of Preparation And Approval of URS.

Publication of Draft Urban Renewal Plans

Receipt of objections and suggestions from public 30 days

Revision of Urban Renewal Plans, if required 15 days

Review of URPs by High Powered Committee

Submission of URPs to State Government for sanction

No
Receipt of development proposals from land Land acquisition
owners within 3 months by TMC and
Yes tendering for
Appointment of Implementing Agency appointment of
development
 High Power Committee
• Municipal Commissioner – Chairman
• Collector – Member
• DCP (Traffic), – Member
• Joint Director of Town Planning,– Member
• CO, MHADA– Member
• JD/DD/AD of Town Planning of Corporation - Member Secretary

 Powers of the HPC


• Shall finalize the boundaries of the URP/URS.
• Provide the decision on reduction of area of the URP in case of hardships.
• HPC to decide the Component for Free-sale
• Decide on the requirement of additional areas of amenities
• Shall finalize the Proposal to finalize the Implementing Agency
• Will check proposed transit accommodation models in URS
• Entitlement of Consideration of URC

• Implementation of URS to be regarded as public purpose.


• If consideration offered is declined, Commissioner to initiate the process of acquisition.
 Consideration of land
• Monetary compensation for constructed area or TDR for the entitled area.

Ownership Entitled Area


Status
Consumed a) If rehabilitation in URS - 25% of the encumbered
FSI< land + difference of FSI available on land and the
Permissible encumbrance.
Authorised FSI b) If occupants are independently rehabilitated /
building on compensated by owners outside URS - FSI available
encumbered on vacated land area.
land Consumed a) If rehabilitation in URS - 25% of the land area
FSI > b) If occupants are independently rehabilitated /
Permissible compensated by owners outside URS - FSI
FSI available on vacated land area.
Unauthorisedly a) If rehabilitation in URS - 50% of entitle area as per
encumbered above two clauses.
land b) If occupants are independently rehabilitated /
compensated by owners outside URS - FSI /TDR
available on vacated land area.
 Consideration for Acquisition of land
• Three options with owners.
– In terms of payment due for entitled area + 100% solatium + 12%
annual compounded interest.
– TDR equivalent to the entitled area.
– Equivalent area constructed in URS.
• Once consideration is accepted, the person is eligible for compounding of
any offence under MRTP Act.
• If consideration is rejected /If owner is not willing to participate,
Commissioner to initiate and forward proposal of acquisition.
• For buildings / lands of Govt. / Semi. Govt. organisations.
─ Market price to be decided by mutual consent., subject to ratification
by Corporation. OR
─ In-situ / ex-situ constructed area in composite / independent building.
OR
─ Equivalent TDR as per TDR regulations OR
─ Exchange of suitable land as per mutual consent subject to ratification
by Corporation.
 Planning for Rehab and Free Sale Plots.
• Net area of URC = Gross area – area under CRZ & forest.
• 50% of net area to be carved out as Free Sale Plots for raising resources to
cover cost of rehab construction and development of reservation and
amenities.
• In exceptional case, Commissioner may reduce free sale plots to zero.
• Percentage of free sale plot may be enhanced up to 50% with approval by
HPC by considering 100% in-situ rehab with consumption of minimum 2.5
FSI and if net plot area is more than 8000 sq.m.
• Constructed area available on free sale plot = that available over the whole
URC – that required for rehab and relocation.
• Free sale plots shall be deemed to belong to C1 / C2 zone for the purposes
of permissible users.
• In case non availability of required rehab area due to restrictions
rehabilitation is permissible in the near by URS or PAP tenements.
• Two or more contiguous URCs with different densities can be clubbed for
increasing the viability of clusters.
 Selection to Implementing Agency
• Owner / group of owners / proposed Co.Op. Hsg. Society of occupants
directly or through Power of Attorney holder.
• Implementing Agency to pay infrastructural charges @ 10% of construction
cost as per ASR.
• If such owners / stake holders fail to come together, transparent bid process.
• In case of the dissenting owners –
– If monetary compensation is paid – same shall be recovered from
implementing agency.
– If TDR is given – Market value of such plots as per ASR rates to be
recovered.
• Surcharge @ 100% of development charges (for the area over & above basic
FSI) to be paid by the promotor in proportionate with the progress of work.
• Temporary Transit camps –
─ 4 FSI irrespective of land use classification on same or any land.
 Special Provisions
• FSI to be calculated on gross area without deducting area for recreational
open space.
• Composite building to contain at least 50% of the Built-up area as rehab
component.
• 10% of URC area as amenity space – to be adjusted against DP reservations,
if reservation area exceeds 25% of the URC.
• Amenities not available in the periphery of 400 m. from boundaries of URC
to be developed on the amenity plot and to be handed over free of cost.
• Commissioner may relax parking requirements, side and rear marginal open
spaces, for buildings in the rehab component.
• Premium at concessional rate to be charged for relaxations.
• Additional road width over and above that of sanctioned DP may be insisted
by Commissioner to decongest the area.
• Public amenities and roads in URS to be considered at par with DP
reservations and roads.
• Portion of URCs falling in NDZ/ Buffer zone / CRZ I & III/ Private forest
shall form part recreational area in URS.
 After forming Co-op. Hsg. Society.
– Building maintenance fund – 25% of the amount of consideration
received from the allottees of building.
– URC maintenance fund – 25% of the amount of consideration received
from the allottees of each and every rehabilitation and relocation in
URC building.
– Shelter Fund – 50% of the amount of consideration received from the
allottees + amount received from bidding process – to be utilised for
payment of consideration for acquisition of land falling under URC,
procurement of land for creation of affordable housing, promoting
affordable housing in the city limits.
CHAPTER – 15
REGULATIONS FOR SPECIAL ACTIVITIES / PLANS

• Quarrying Operations –
• The quarrying and mining operations shall be permitted outside CRZ and notified
Eco-sensitive zone and heritage precinct but only at specific locations decided by
the competent authority. The development permission shall be granted subject to
production of order to carry out these activities from the revenue authority
concerned under the Minor Minerals Act and NOC of the MPCB.
• No quarrying shall commence until the excavation plan is also approved by the
Director of Geology and Mining, Government of Maharashtra.
• No Quarrying and crushing shall be permitted if a highway or public road having
width of 30m. or more, railway line or any human settlement is located within
200m. from the quarrying site. However, for quarrying with blasting operations, the
distance shall be at least 500 m.

• Erection of Mobile Towers – As per the norms of Department of


Telecommunication / Information Technology or concerned Department of the
Central / State Government.
 Preparation of Local Area Plan –
 A local area plan may consist of detail provisions than that of development plan
addressing the local requirements of the area.
 The Authority may prepare such plan consisting of planning requirement at micro level,
local area specific regulations, urban design etc.
 The local area plan shall be prepared by following procedure similar to that of section 33
of the Maharashtra Regional and Town Planning Act, 1966. After approval to this plan
by the State Government, it shall come into force.
 In the event of provisions of local area plan not consistent with UDCPR, the provisions
of local area plan shall prevail.
 Guidelines for Street Design in City / Town.
 The authority shall ensure complete design of street to –
i. attract more users,
ii. have provisions for pedestrian and cyclist,
iii. increase retail activities,
iv. to provide relevant street furniture and signage,
v. plant trees,
vi. make provisions for proper illumination,
vii. have provisions for underground utilities,
 Development of Tourism and Hospitality services under community nature
conservancy around wild life sanctuaries and National Parks.
• For the lands situated within 5 km. distance from the boundaries of wild life sanctuaries
and national park, development of tourist homes, resorts etc. with 10% of FSI and G+1
structure.
 Integrated Information Technology Township (IITP).
• shall be allowed in Residential, Commercial, Public Semi-public, Industrial and
Agricultural Zone in Development Plan and Regional Plan areas and shall be governed
by the provisions
• Area Requirement - Any suitable area in Regional Plan or Development Plan with
minimum area 10ha.
• Planning Considerations – Information Technology (Industrial), Residential,
Commercial, Educational, Amenity Spaces, Health Facilities, Parks, Gardens &
Playgrounds, Public Utilities, Transport and Communication.
• General Norms for Different Land Use - 60% FSI shall be used for IT/ ITES activities
and 40% FSI for the development of residential and commercial activities provided that
20% area shall be kept for Park / Play Ground / Garden of total IITP.
• FSI In integrated I.T. Township - FSI permissible in majors corporations 2.50, rest of
the Maharashtra 2.00, in agricultural zone in all areas 1.00.
• Infrastructure Facilities – The developer to provide all basic infrastructures on at least
75% area within 3 years from the date of sanction by the Authority failing which bank
guarantee submitted by the project proponent/s shall be forfeited.
• Water Supply
• Drainage and Garbage Disposal
• Power
• Environment
Special Concession –
N.A. Permission: Non-agriculture permission will be automatic. As soon as the scheme
is approved, lands under such Integrated IT Townships area shall be deemed to have
been converted into non-agriculture and no separate permission is required.
Grant of Government Land: Any Government land falling under Integrated IT
Township area shall be leased out to the developer at the prevailing market rate on
usual terms conditions, without any subsidy.
Relaxation from Mumbai Tenancy and Agriculture Land Act: The condition that only
the agriculturist will be eligible to buy the agriculture land shall not be applicable in
Integrated IT Township area.
Ceiling of agriculture land: - There shall be no ceiling limit for holding agriculture land
to be purchased by the owner / developer for Integrated IT Township project.
Exemption from Urban Land (Ceiling and Regulation) Act, 1976: Integrated IT
Township projects will be exempted from the purview of Urban Land (Ceiling and
Regulation) Act, 1976.
Sale Permission – no permission for sale of plot/ flat shall be allowed unless the basic
infrastructure is provided by the developer
Implementation and Completion - completed within 5 years from the date of final
sanction to the layout plan of the area.
Interpretation - The decision of Government on the interpretation of these regulations
shall be final and binding on all concerned.
 Integrated Logistic Park (ILP) shall be allowed in Commercial, Industrial and
Agricultural Zone in Development Plan and Regional Plan areas.
• Eligibility for establishment of Logistic Park – Private land owner or developer
appointed by him or any Company with legal entity may apply for permission for
Integrated Logistic Park.
• Activities Constituting Logistic Park – A logistic Park can include the following
activities.
• Logistic Services – Cargo aggregation/ segregation, Sorting, grading, packaging/
repackaging, tagging/ labeling, Distribution/ Consumer Distribution, Inter-model
transfer of material and container, Open and closed storage for transit period,
Custom bonded warehouse, Container freight station, Container terminals, Material
handling equipment facilities for efficient movement and distribution of Semi-
finished or finished products.
• Infrastructure – Internal roads, Power line, Communication facilities, Internal
Public Transportation System, Water distribution and water augmentation facilities,
Sewage and drainage lines, Effluent treatment and disposal facilities, Fire Tenders
arrangements - Parking
• Business and commercial facilities – Dormitories, Guest Houses, Canteen, Medical
Centre, Petrol Pump, Banking and finance, Office Space, Hotel, Restaurants,
Hospital/Dispensary, Administration office
• Common Facilities - Weigh Bridge, Skill Development center, Computer center, Sub
contract exchange, Container freight station, Production Inspection Centre, Repair
workshop for vehicles & production machinery in the park, the list of permissible activities
as revise by the department of Industries, Government of Maharashtra, from time to time,
shall be applicable.
• Procedure for Development of Logistic Parks – In case of land in Agricultural
zone, the premium shall be charged at the rate of 15% of land value as per ASR, without
considering guideline therein.
• Integrated Logistics Park (ILP) –Minimum of 5 acres of land and having minimum
15 meters wide access road. minimum of 70% of the total area shall be used for providing
logistic services, and remaining area shall be permitted for support services and common
facilities. Following minimum infrastructure and common facilities shall be provide -
• i) Infrastructure :- Internal roads, Power line, Communication facilities, Water
distribution and water augmentation facilities, Sewage and drainage lines, Effluent
treatment & disposal facilities, Fire tender arrangements h. Parking
• ii) Common facilities:- Dormitories, Canteen, Medical Centre, Weigh Bridge
• The letter of Intent for development of an Integrated Logistics Park shall be issued by
Directorate of Industries. The extension to time limit upto a minimum of one year at a time
and not more than 3 times may be granted on merits
 Logistics Park (LP) - minimum of 20000 sq., 80% of the total area of ‘Logistic
Park’ should be used for providing logistic services and up to 20% of the total area
will be permitted for support services and common facilities.
 Upto 200% Additional FSI for Integrated Logistics Park & Logistics
Park –For Integrated Logistic Parks & Logistic Parks, the FSI permissible for
Industrial Zone as per these regulations shall be applicable.

Sr.No. Location of Parks (As defined under PSI 2013) Premium


1 No industries district and Naxalism affected areas Nil
2 Areas other than PMC, TMC, Kalyan Dombivali, Mira Bhayendar, 10%
Panvel, Ulhasnagar, Ambarnath, Navi Mumbai Municipal
Corporation, NID and Naxalism Affected Areas
3 PMC, TMC, Kalyan-Dombivali, Mira Bhayendar, Panvel, 15%
Ulhasnagar, Ambarnath, Navi Mumbai Municipal Corporation

Note : However premium charged will be limited upto the demand made by the
developer for additional FSI.

 Permissible Height – For Integrated Logistic Park & Logistics Park, height of
building upto 24.mt. or as per requirement shall be permitted.
 Industrial Township under Aerospace and Defense Manufacturing Policy
• The FSI permissible for this Industrial Township shall be as per FSI
permissible in Industrial Zone. The lands which are included in Agricultural
Zone in the Development or Regional Plan shall be treated as included in
Industrial Zone after the permission is granted for this Industrial Township.
• Provided that upto 20% of total built up area of such Industrial Township may
be used for residential / commercial purpose / support activities.
• Provided further that the Research and Development Institutions in such
Industrial Township shall be eligible for additional 0.50 FSI over permissible
FSI as per these Regulations

 Development of INTEGRATED INDUSTRIAL AREA –


• The development of Integrated Industrial Area within the jurisdiction of
Maharashtra Industrial Development Corporation shall be allowed as per
Urban Development Department’s Notification No. TPB4314/20/CR-
32/2014/UD-11, dated 1st August, 2015. The Principal Regulation’s referred
in the said notification shall be deemed to have reference to provisions of
UDCPR alongwith specific regulations related to MIDC mentioned in
Chapter 10.
24 MTS D.P. ROAD

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