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FSI OF 3 FOR REDEVELOPMENT OF CESSED BUILDINGS UNDER MODIFIED DCR 33 (7) OF 2013

The Maharashtra Regional and Town Planning Act, 1966 has accorded its sanction towards the modification in the Regulation No. 33 (7) of Development Control Regulation, 1991 for Greater Mumbai followed by Notification No: TPB 4312/CR-512012/UD-11 Dated 14th August 2013 issued by Government of Maharashtra, Urban Development Department, Mantralaya, Mumbai 400 032.

The said modification under the Development Control Regulations (DCR) for Greater Mumbai, 1991 has been sanctioned by the Government under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966 vide Urban Development Department’s Notification No: DCR/1090/UD-II (RDP) Dated 20/2/1991 so as come to force with effect from 25th March 1991.

Regulation No. 33 (7) of the said Regulations deals with reconstruction or Redevelopment of Cessed Buildings in the Island City by Cooperative Housing Societies or of old buildings belonging to the Municipal Corporation of Greater Mumbai or of old buildings belonging to the Police Department.

The Government in the Urban Development Department by its Notification No.TPB 4308/3224/CR-268/08/A/UD- 11 Dated. 21st May 2011 had modified the Provisions regarding the FSI admissible in case of Redevelopment of “A” Category Cessed Buildings.

The Govt. being of the opinion that in larger public interest the Provisions in respect of “A” Category Cessed Buildings need to be made applicable to “B” and “C” Category Cessed Buildings also, had, in exercise of the powers conferred under sub-section (1AA) of Section 37, issued the Notice No.TPB-4310/2583/CR-206/10/UD-11, Dated 28th July 2011 for inviting suggestions or objections from general public with regard to the modification proposed in the schedule appended to the said Notice and appointed Deputy Director of Town Planning, Brihanmumbai as the Officer to submit a report on the suggestions/objections received in respect of the proposed modification to the Govt. after giving hearing to the concerned persons and the said Corporation.

The said Notice was published in the Maharashtra Government Gazette (Konkan Division Supplementary) Dated 25th/31st August 2011 and the said Officer has submitted his report after completing legal procedure through the Director of Town Planning, Maharashtra State vide its Letter No.496 Dated 21.3.2012;

Considering the report of the said Officer and suggestions or objections received from the general public and the said Corporation and after consulting the Director of Town Planning, Maharashtra State, the Government is of the opinion that the said proposed modification is required to be sanctioned, with some changes.

Now, therefore, in exercise of the powers conferred upon it under Section 37 (1AA) (c) of the said Act, the Government sanctioned the proposed modification to Regulation 33 (7) of the said Regulations with certain changes  the date of publication of this Notification in the Government Gazette as the date of coming into force of this Notification and directed the said Corporation that, in the Schedule of Modifications sanctioning the said Regulations, after the last entry, the Schedule referred to at (A) above shall be added.

Modification under DCR 33 (7) shall apply to Reconstruction or Redevelopment of Cessed Buildings in the Island City by Co-operative Housing Societies or of old buildingsbelonging to the Corporation or of old buildings belonging to the Police Department.

For reconstruction/redevelopment to be undertaken by Cooperative Housing Societies of existing Tenants or by Co-op. Housing Societies of landlords and/or occupiers of cessed buildings existing prior to 30/9/1969 in Island City, which attract the Provisions of MI-LADA Act,1976 and for reconstruction/ redevelopment of the buildings of Corporation, the Floor Space Index (FSI) shall be 3.00 an the Gross Plot Area or the FSI required for rehabilitation of existing Tenants plus incentive FSI as specified herein under whichever is more.

For reconstruction/redevelopment of buildings belonging to Police Department, 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-HI whichever is more.

Provided further, that reconstruction/redevelopment undertaken by proposed Cooperative Housing Societies of Landlords  and/or Occupiers of cessed building   existing   prior  to 30/9/1969 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 herein under will be available.

The FSI for rehabilitation of existing tenants/occupiers in a reconstructed building and incentive FSI that will be available shall be as under:

In case of redevelopment of cessed building existing prior to 30th September 1969 undertaken by landlords and/or Co-operative Housing Societies of landlord and/or occupiers, the total FSI shall be 3.00 on the gross plot area or the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI, whichever is more.

In case of composite redevelopment undertaken by the different landlords and/or Co-op. Housing Societies of landlords and/or occupiers jointly of 2 or more plots but not more than 5 plots with cessed buildings existing prior to 30/9/1969, the FSI permissible will be 3.00 or FSI required for rehabilitation to existing occupiers plus 60% incentive FSI, whichever is more;

Provided, however, that if the number of plots jointly undertaken for redevelopment is six or more, the incentive FSI available will be 3.00 or FSI required of Rehabilitation for occupiers plus 70% incentive FSI whichever is more.

Due to increase in FSI up to 3, the redevelopment spree is expected to transform the face of the realty sector.

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