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REDEVELOPMENT RULES OF CESSED BUILDING THROUGH PRIVATE DEVELOPER -MHADA

Monday, May 9th, 2011

REDEVELOPMENT OF CESSED BUILDING THROUGH PRIVATE DEVELOPER

(If you are looking for Redevelopment Process / Rules / Consulting / Legal advice for your society please email us on contact@redevelopmentpmc.com  or call us on +91 98335 45366)

As the pace of reconstruction of cessed buildings by MBRRB was found to be not sufficient so as to cover the entire cessed buildings in the Island City of Mumbai, it was felt by the Govt. that the pace of redevelopment could be increased with the involvement of tenants/landlords/private developers.
With this in view, the State Govt. introduced the policy of giving FSI 2.00 for redevelopment of cessed buildings in the year 1984. In the year 1991, the Govt framed the Development Control Regulations for Mumbai. Under these Regulations, the Rule no. 33(7) was formed for redevelopment of cessed buildings in the Island City of Mumbai and the provisions of the policy of 1984 were incorporated in it.
However, there was no encouraging response to this scheme from the tenants/landlords. Hence, the Govt. formed a Committee under the Chairmanship of Shri Sukhtankar to overview the implementation of the scheme. On the submission of the Report of the Sukhtankar Committee, the Govt. in the year 1999 amended the Development Control Regulation 33(7). The brief highlights of the amended Development Control Regulation 33(7) are as follows:

    1. In case of redevelopment of ‘A’ category cessed buildings (constructed before 1940) undertaken by the landlord or Cooperative Housing societies of landlord or occupiers, the total FSI shall be 2.5 of the gross plot area, or the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI, whichever is higher. Under the new policy the developer is assured of at least 50% FSI for free sale. Also the policy enables rehabilitation of all occupants on the same plot, reducing social dislocation.
    2. Self contained flats of minimum 225 sq.ft. and maximum 753 sq.ft. carpet area are given to the old residential tenants/occupants. Shopkeepers are given an area equivalent to their old area.
    3. In case of ‘B’ category cessed buildings permissible FSI shall be the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI.
    4. As per the permissible FSI, stated above, will depend upon the number of occupiers and the actual area occupied by them, no new tenancy created after 13.06.1996 shall be taken into account, while computing the permissible FSI. Similarly, tenants in unauthorized constructions made in the cessed buildings shall not be taken into account while computing permissible FSI, i.e. the total no. of tenants/occupants should not increase after 13.06.1996. The responsibility for rehousing such tenants whose tenancy may have been created after 13.06.96 or who stay in unauthorized construction will lie solely with the NOC holder.
    5. Though some buildings may belong to ‘C’ category (may not belong to ‘A’ or B’ categories), they may be so dilapidated and dangerous that their reconstruction is most urgently necessary to this end, the Government has granted additional incentive FSI as per Point No.1 above for redevelopment of buildings of any category declared as dangerous, prior to monsoon of 1997.
    6. A large number of old properties can be better developed by clubbing them together instead of developing each property separately. This leads to lesser congestion and better infrastructure such as internal roads, open spaces, etc. To encourage the composite redevelopment of several cessed properties together, the Government has granted additional incentive FSI for composite redevelopment.

The additional incentives in FSI for joint redevelopment of A, B or C category cessed buildings on two or more plots are as follows:

No. of plots proposed for

composite redevelopment

FSI permissible
a) One plot. 2.5 or FSI required for rehabilitation of occupiers plus 50% incentive FSI whichever is higher.
b) 2 to 5 plots. 2.5 or FSI required for rehabilitation of occupiers plus 60% incentive FSI whichever is higher.
c) 6 or more plots. 2.5 or FSI required for rehabilitation of occupiers plus 70% incentive FSI whichever is higher.
  1. In some cases, it may not be possible to utilize the entire permissible FSI on the same plot, because of height restrictions, fire-safety regulations, etc. In such cases, the NOC holder is entitled to avail the benefit of “Transferable Development Rights” (TDR), to be used in the suburbs or extended suburbs in accordance with the relevant regulations of DCR 1991, for Greater Mumbai. This provision ensures that the scheme remains feasible even where the incentive FSI cannot be fully utilized on the same plot.
  2. In case of Heritage buildings in Grade III and precincts, no permission of the Municipal Commissioner or Heritage Conservation Committee is now necessary, if the height of the buildings does not exceed 24 meters (excluding stilt).
  3. All these modifications and incentives mentioned in Government gazette notification dated 25.01.1999 will not be applicable to the areas which are affected by the Coastal Regulation Zone (CRZ) notification issued by Ministry of Environment and Forest, Government of India vide notification dated 19th February 1991, and orders issued from time to time.
  4. The surplus Built-up area is to be surrendered to M.B.R & R. Board as per Schedule -III of MHADA Act 1976.

Note: As per Govt. G.R. dt. 2-3-2009, minimum carpet area admissible is 300 sq. ft. in lieu of 225 sq. ft

Redevelopment Rules of old buildings in Mumbai

Sunday, May 8th, 2011

 

Rule No. Old with date of modification and Notification No. New with date of modification and notification no.
33(7) [Reconstruction or redevelopment by Co-operative Housing Societies or of oldbuildings belonging to the Corporation.- For reconstruction redevelopment to beundertaken by co-operative housing societies in respect of cessed properties located in

the Island City which attract the provisions of Maharashtra Housing and Area

Development Act, 1976 or by Co-operative Housing Societies of landlord and occupiers

of a cessed building of A category subject to the provisions of the said Act and for

reconstruction/redevelopment of buildings of the Corporation constructed before 1940.

The floor space index shall be 2.00 or the consumed floor space index of the existing old

building whichever is more. The F.S.I. will be subject to the Regulations, in Appendix III

so far as construction or redevelopment by such Co-operative Housing Societies is

concerned.](7)

[ ](7) – This clause is deleted vide Government Notification u/s. 37(2) of MR&TP Act

1966 under No. FSI-1192/2896/CR-326/UD-11 Dt. 07.02.1994

[(7) Reconstruction or Redevelopment by Co-operative Housing Societies or of old

buildings belonging to the corporation:-

For reconstruction / redevelopment to be undertaken by the co-operative housing

societies in respect of cessed properties located in the Island City which attract the

provisions of the Maharashtra Housing and Area Development Authority Act, 1976 or by co-operative societies of landlords and occupiers of a cessed building subject to the

provisions of the said Act and for reconstruction / redevelopment of buildings of the

Corporation constructed before 1940, the floor space index shall be 2.00 on gross plot

area or the consumed floor space index that is the total built up area of the existing old

building whichever is more. This floor space index will be subject to the Regulations in

Appendix III so far as construction or redevelopment by such co-operative societies is

concerned.](8)

[ ] (8) – This clause is added vide Government Notification u/s. 37(2) of MR&TP Act

1966 under No. FSI-1192/2896/CR-326/UD-11 Dt. 07.02.1994. This clause is further

replaced by subsequent modification as mentioned vide [ ](9

[(7) Reconstruction or redevelopment of cessed buildings in the Island City by CooperativeHousing Societies or of old buildings belonging to the Corporation - Forreconstruction/ redevelopment to be undertaken by Co-operative Housing

Societies of existing tenants or by Co-operative Housing Societies of Landlords

and/or Occupiers of a cessed building of 'A' category in Island City, which attracts

the provisions of MHADA Act 1976, and for reconstruction/ redevelopment of the

buildings of the Corporation constructed prior to 1940, the floor space index shall

be 2.5 on the gross plot area or the FSI required for Rehabilitation of existing

tenants plus incentive FSI as specified in Appendix III, whichever is more:

Provided, however that with the previous approval of the Government, MHADA/

Corporation shall be eligible to get additional incentive FSI over otherwise

permissible FSI as specified in Annexure III of these Regulations:

Provided further that in cases of composite redevelopment scheme for plot having

'A' category as also 'B' category cessed building the above FSI shall be available:

Provided further that in cases of reconstruction / redevelopment of buildings which

have been declared as unsafe by the BHAD Board prior to monsoon of 1997, the

above FSI will be available irrespective of category of cessed building.

Provided further, that reconstruction / redevelopment undertaken by proposed Cooperative

Housing Societies of Landlords and / or Occupiers of cessed building of 'B'

category, and where composite development is undertaken by different owners of 5 or

more plots the FSI required for Rehabilitation of existing tenants plus incentive FSI as

specified in Appendix III will be available.

Note : - All Regulations / modifications mentioned above shall not be applicable to the

areas which are affected by Coastal Regulations Zone Notification issued by Ministry

of Environment and Forest, Government of India vide Notification dated 19 February

1991 and orders issued from time to time. ](9)

[ ](9)— This clause was added vide Government Notification No. TPB 4391/1681/CR-

188/91/UD-11 Dt. 25.01.99

[ 33(7) Reconstruction or redevelopment of cessed buildings in the Island City by Cooperative

Housing Societies or of old buildings belonging to the Corporation or of old

buildings belonging to the Police Department.

“For reconstruction/redevelopment to be under taken by Cooperative Housing

Societies of existing tenants or by Co-op. Housing Societies of landlords and/or

occupiers of a cessed buildings of ‘A’ category in Island City, which attracts the

provisions of MHADA Act, 1976 and for reconstruction/redevelopment of the buildings

of Corporation and Department of Police, Police Housing Corporation, Jail and Home

Guard of Government of Maharashtra, constructed prior to 1940, the Floor Space Index

shall be 2.5 on the gross plot area or the FSI required for rehabilitation of existing

tenants plus incentive FSI as specified in Appendix-III whichever is more.

Note:- The development of land for Department of Police, Police Housing Corporation,

Jail and Home Guard of Government of Maharashtra shall be permitted by the

Commissioner after due approval of the committee mentioned in Note-3 below

regulation 33(3)(A).](26)

(26) This new clause was added in Regulations no. 33(7) vide sanction under

section 37(2), from UDD in state Govt. under No. TPB 4303/500/CR-61/2003/UD-

11:Dated 27th February, 2004 by deleting the first para of Existing Regulation 33(7)

33 (9) [Repairs and reconstruction of cessed buildings and Urban Renewal Scheme.- Forrepairs and reconstruction of cessed buildings and Urban Renewal Schemesundertaken by the Maharashtra Housing and Area Development Authority or the

Mumbai Housing and Area Development Board or the Corporation in the Island City

the F.S.I. shall be 2.4 times that permissible under these Regulations.](11)

(11) Existing proviso in 33 (9) is deleted vide Government Notification No. TPB

4391/1681/CR-188/91/UD-11 Dt. 25.01.99

[(9) Repairs and reconstruction of cessed buildings and Urban Renewal Scheme: Forrepairs & reconstruction of cessed buildings and Urban Renewal Scheme undertakenby the Maharashtra Housing and Area Development Authority or the Mumbai Housing

and area Development Board or Corporation in the Island City, the FSI shall be 4.00 or

the FSI required for rehabilitation of existing tenants / occupiers, whichever is more.

Note : - All Regulations / modifications mentioned above shall not be applicable to the

areas which are affected by Coastal Regulations Zone Notification issued by Ministry

of Environment and Forest, Government of India vide Notification dated 19 February

1991 and orders issued from time to time. ](28)

] (28) These words are added vide Government Notification No. TPB 4391/1681/CR-

188/91/UD-11 Dt. 25.01.99