DEVELOPMENT CONTROL REGULATION, 2010

 

PREAMBLE

Mumbai Metropolitan Region Development Authority, appointed by the State Government as the Special Planning Authority under section 40(1)c of the Maharashtra Regional and Town Planning Act, 1966 for the area notified for development of the Truck Terminal, Inter State Bus Terminal and other complimentary activities, amenities and infrastructures connected therewith, under section 40(1) of the said Act, in exercise of its powers under clause (d) of sub section 3 of section 40 of the Maharashtra Regional and Town Planning Act, 1966 makes following Development Control Regulations as a part of its proposals for the development of land.

Regulation - 1. Short Title, Extent & Commencement.

1.1. Title:

These regulations shall be called Development Control Regulations for Area, under the jurisdiction of Mumbai Metropolitan Region Development Authority, situated in 'F' (North) ward, especially notified for Development for Wadala Truck Terminal, InterState Bus Terminal and other complimentary/supplementary activities, amenities and infrastructure facilities at Wadala.

1.2. Jurisdiction of Truck Terminal:

These regulations shall apply to all "Development" in the area especially notified for Development for Wadala Truck Terminal, InterState Bus Terminal and other complimentary/supplementary activities, amenities and infrastructure facilities at Wadala.

1.3. Date of Coming into Force:

These Regulations shall come in to force with effect from the date of sanctioning the proposals under section 115(3) of the MR&TP Act, 1966 and shall replace the existing DCR.

Regulation - 2. Definitions.

In these regulations unless the context otherwise requires;

ACT means the Maharashtra Regional and Town Planning Act, 1966.

AUTHORITY means the Mumbai Metropolitan Region Development Authority having its office at 8th Floor, MMRDA Building, Bandra Kurla Complex, Bandra East, Mumbai 400051.

ARCHITECT means a qualified architect, who is duly registered with the Council of Architects under the Architects Act, 1972.

BUILDING means a structure, constructed with any materials whatsoever for any purpose, whether used for human habitation or not, and includes-

(i)       Foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms;

(ii)      Verandahs, balconies, cornices, projections;

(iii)     part of a building or anything affixed thereto;

(iv)    any wall enclosing or intended to enclose any land or space, signs and outdoor display structures;

(v)      tanks constructed for storage of chemicals or chemicals in liquids form;

(vi)    all types of buildings defined in this regulation below, but tents, shamianas and tarpaulin shelters erected for temporary purposes for ceremonial occasions, with the permission of the Commissioner shall not be considered to be "buildings".

BUILT UP AREA refers to plinth area on ground floor and corresponding area on all floors, whether exempted from F.S.I. or not.

CHOWK means a fully or partially enclosed space permanently open to sky within a building at any level.

CHOWK, INNER means a chowk enclosed on all sides.

CHOWK, OUTER means a chowk where one of the sides is not enclosed.

DWELLING UNIT means an independent dwelling unit, whether a tenement, flat or apartment, with a kitchen or a cooking alcove. "Habitable room" means a room occupied or designated for occupancy for human habitation and uses incidental thereto, including a kitchen if used as a living room, but excluding a bath-room, water closet compartment, laundry, serving and storing pantry, corridor, cellar, attic, store-room, pooja-room, and spaces not frequently used.

EXISTING BUILDING OR USE means a building or structure or use existing authorisedly before the commencement of these Regulations.

"Floor" means the lower surface in a storey on which one normally walks in a building and does not include a mezzanine floor. The floor at ground level with a direct access to a street or open space shall be called ground floor; the floor above it shall be termed as floor 1, with the next higher floor being termed as floor 2, and so on upwards.

FLOOR AREA RATIO (FAR) means the quotient obtained by dividing the total covered area (plinth area) on all floors by the area of the plot;

OCCUPANCY/USE means the purpose for which a building or a part of the building is used or intended to be used. The occupancies are divided in the following main groups,

(a)      ASSEMBLY occupancy means where groups of people congregate or gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purposes; for example theaters, motion picture houses, drive-in-theaters, assembly halls, city halls, town alls, concert halls, auditoria, exhibition halls, museums, mangal karyalayas, skating rinks, gymnasia, gymkhanas, passenger stations and terminals for air, surface and other public transportation services, recreation piers and stadia.

(b)      BUSINESS occupancy means where transaction of business and/or for keeping of accounts and records takes place. Offices, banks, professional establishments, court houses are classified as business occupancies in so far as their principal function is transaction of business and/or keeping of books and records.

(c)      EDUCATIONAL occupancy means exclusive use of building for a school or college, recognised by the appropriate Board or University, or any other competent authority, involving assembly for instruction, education or recreation incidental to educational use and including a building for such other users incidental thereto such as a library or a research Institution. It shall also include quarters for essential staff required to reside in the premises and a building used as a hostel captive to an educational institution/or institutions whether situated in its campus or not.

(d)      HAZARDOUS occupancy means use of building for-storage, handling, manufacture or processing or radioactive substances or of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or producing poisonous fumes or explosive emanations; storage, handling, manufacture or processing of which involves highly corrosive, toxic or noxious alkalis, acids, or other liquids, gases or chemicals producing flames, fumes and explosive mixtures or which result in division of matter into fine particles capable of spontaneous ignition.

(e)      INDUSTRIAL occupancy means where products or value addition takes place of all kinds and properties are fabricated, assembled or processed, such as assembly plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories, etc.

(f)       INSTITUTIONAL occupancy means use of a building for medical or other treatment, a hostel for working women or for an hospice, care of persons suffering from physical or mental illness, handicap, disease or infirmity, care of orphans, abandoned women, children and infants, convalescents, destitute or aged persons and for penal or correctional detention with restricted liberty of the inmates ordinarily providing sleeping accommodation and includes dharamshalas, hospitals, sanatoria, custodial and penal institutions such as jails, prisons, mental hospitals, houses of correction, detention and reformatories.

(g)      MERCANTILE occupancy means use of a building or part thereof as shops, stores or markets, for display and sale of merchandise either wholesale or retail goods including office, storage or service facilities incidental to the sale of merchandise located in the same building.

(h)     OFFICE occupancy means a building or premises or part thereof whose sole or principal use is for an office or for office purposes or clerical work. "Office purpose" includes the purpose of administration, clerical work, handling money, telephone and telegraph and computer operating; and "clerical work" includes writing, book-keeping, sorting papers, typing, filing, duplicating, punching cards or tapes, machine calculating, drawing of matter for publication and the editorial preparation of matter for publication.

(i)       RESIDENTIAL occupancy means a building in which sleeping accommodation is provided for normal residential purposes, with or without cooking or dining facilities, and includes one or more family dwellings, lodging or rooming houses, hostels, dormitories, apartment houses, flats and private garages of such building.

(j)       WHOLE-SALE ESTABLISHMENT means an establishment or part thereof engaged in wholesale trade and manufacturers' wholesale outlets, including related storage facilities, ware-houses and establishments engaged in truck transport, including truck transport booking agencies.

(k)      STORAGE occupancy means use of a building or part thereof primarily for the storage or shelter of goods, wares or merchandise and includes warehouse, cold storage, freight depot, transit shed, store house, public garage, hangar, truck terminal, grain elevator, barn and stable.

OPEN SPACE: FRONT means the space left open to the sky between the boundary line of a plot abutting the means of access/road/street and the building line. In the case of plots facing two or more means of accesses/roads/streets, the plot shall be deemed to front on all such means of accesses/roads/streets.

OPEN SPACE: REAR means open space on the side opposite to the front open space. If plot abuts on more than one road, there shall be only one rear open space; in such case the option as to which open space be treated as rear open space shall be exercised by the owner.

PARKING SPACE means an area, enclosed or un-enclosed, covered or open, area sufficient in size to park vehicles, together with a driveway connecting the parking space with the street or alley and permitting ingress and egress of the vehicles.

PLOT OR SITE means a parcel or piece of land enclosed by definite boundaries whether singly or jointly owned.

SERVICE FLOOR means a floor provided for facilitating maintenance and/or termination/diversion of services like water supply, drainage, electricity supply, and accommodating mechanical/electrical devices, apparatus like air handling units, air conditioning plants etc.

"SPECIAL BUILDING" means

(i)       a building solely used for the purpose of a drama or cinema theatre, a drive-in-theatre, an assembly hall or auditorium, an exhibition hall, theatre museum, a stadium, a "mangal karyalaya" or where the built up area of such a user exceeds 600 sq.m. in the case of mixed occupancies;

(ii)      An industrial building;

(iii)     A hazardous building;

(iv)    A building of wholesale establishment;

(v)      A residential hotel building or centrally air-conditioned building which exceeds

(a)      15 m. in height, or

(b)      A total built-up area of 600 sq.m.

STOREY means the portion of a building above ground included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

2.1. Words and expressions not specifically defined in these Regulations shall have the same meaning as defined in the Maharashtra Regional & Town Planning Act, 1966. (Maharashtra Act No. XXXVII of 1966), rules and regulations made thereunder, regulations and by-laws of the Mumbai Municipal Corporation and the National Building Code including the relevant Indian Standards.

Regulation - 3. Applicability of the development control regulations.

These Development Control Regulations shall apply to the "development" as under.

3.1. Development of Site or/and Layout or Sub-Division or Amalgamation of Land:

Where land is to be developed, subdivided, or two or more plots are to be amalgamated, or a lay-out is to be prepared these Regulations shall apply to the entire area under development, layout, sub-division, amalgamation.

3.2. Building Construction/Change of Occupancy of a Building:

(a)      Where a building is to be erected, these Regulations shall apply to the design and construction of the building.

(b)      Where the whole or any part of the building is to be reconstructed/demolished, these Regulations shall apply only to the portion of the building involved in re-construction/demolition.

(c)      Where a building is altered, these Regulations shall apply only to that part of the building which would be affected by alteration.

(d)      Where the occupancy of a building is to be changed, these Regulations shall apply only to that part of the building which would be affected by the change.

Regulation - 4. Development Permission/Commencement Certificate.

4.1. Necessity of Obtaining Permission:

After the date on which the notification specifying the Wadala Truck Terminus I.S.B.T. & other complimentary activities, amenities and infrastructure facilities at Wadala Notified Area is published in the Official Gazette, no person shall institute or change the use of any land or carry any development of land without the permission in writing of the Authority. In the form of commencement certificate unless exempted under section 43 of the Act.

4.2. Validity of Development Permission:

If development permission has been issued before the date of commencement of these Regulations, but the development is not started within a year from the date of such permission, the said development permission shall be deemed to have lapsed. The applicant shall get it revalidated by paying premium etc. and on conditions prescribed by MC, MMRDA.

4.3. Applicability to Partially Completed Works or Works Already Commenced:

For partially completed works, or works already commenced or started with due valid permission before the date of commencement of these Regulations, the MC, MMRDA may not, for reasons to be recorded in writing, necessarily insist on compliance with the provisions of these Regulations for extending the period of development permission, which in any case, however, shall not exceed that specified in section 48 of the Act.

Regulation - 5. Procedure For Obtaining Development Permission/Commencement Certificate.

5.1. Application/Plans for Intended Development, scrutiny of development permissions, fast tract system:

Every person who intends to carry out development of land shall submit an application to the MC, MMRDA of his intention, in the prescribed form (as in Appendix A) and such application shall be accompanied by plans and documents in sufficient number of copies and as required under Regulations 5.2 to 5.16.

5.2. Information Accompanying the Application - (Appendix-A):

The application shall be accompanied by the key (location) plan, site plan, sub-division or layout plan, building plan, service plans indicating the requisite dimensions in metric units, specifications, certificate of supervision, payment of building permission fee as prescribed by MC, MMRDA and ownership title, etc as prescribed here-in-below. Four sets/copies of plans and statements shall be submitted along with the application. In the case of building schemes, where clearances of other agencies are necessary, the number of sets/copies of plans to be submitted shall be as required by the MC, MMRDA.

5.3. Key Plan or Location Plan:

A key plan drawn to a scale of not less that 1:10000 shall be submitted along with the application for building permission and commencement certificate, showing the boundary locations of the site with respect to neighborhood land-marks.

5.4. Site Plan:

A site plan drawn to a scale of 1:500, authenticated by the appropriate officer of the department of land record in case of area not acquired by the Authority or by a competent officer of the Authority in case of area acquired by the Authority, shall show:

(i)       the boundaries of the site and of any contiguous land belonging to the owner of the site. The position of the site in relation to neighbouring streets; the name or number of the street(s) in which the building is proposed to be situated, if any; all existing buildings contained in, over or under the site; the position of the building; and of all other buildings, if any, which the applicant intends to erect upon his contiguous land; the boundaries of the site and, in a case where the site has been partitioned, the boundaries of the portion owned by the applicant and also of the portions owned by others; all adjacent streets and buildings on adjoining plots with their names (where names are given) (with number of storeys, height and marginal open spaces); if there is no street within a distance of 12 m. of the site, the nearest existing street with its name/number the means of access from the street to the building and any other building(s) which the applicant intends to erect upon his contiguous land referred to in (a) above; space to be left around the building to secure free circulation of air, admission of light, and access for scavenging and other purposes; the width of the street (if any) in front and of the street (if any) at the side or rear of the building;

(ii)      the direction of north point relative to the plan of the building;

(iii)     any existing physical features, such as nallahs, wells, tanks, drains, trees, etc.;

(iv)    the ground area of the whole property and the break-up of the covered area on each floor with the calculations for percentage covered in each floor in terms of the total area of the plot as required under the Regulations governing the coverage of the area;

(v)      over head electric supply lines, water supply and drainage line; proposals of the development plan, including reservations/designations, road widening lines, regular line of street prescribed under the relevant Acts.

(vi)    Number of dwelling units and their sizes.

(vii)   Number and types of trees to be planted, their location, which in no case be less than twice the number in (vi) above.

(viii)  such other particulars as may be prescribed by the MC, MMRDA.

5.5. Proposal for Site Development or Layout and Sub Division:

The application shall be accompanied by the sub-division, layout or amalgamation plan if any, which shall be drawn to a scale of 1:500, containing the following:

(i)       measurement plan/City Survey Map duly authenticated by the District Inspector of Land Records/City Survey Officer and in case of land acquired by authority a certificate from office of MMRDA duly authorized

(ii)      scale used and the north point;

(iii)     the location of all proposed and existing roads with their names, existing/proposed/prescribed width within the land;

(iv)    the location of drains, sewers, public facilities and services and electric lines etc.;

(v)      location and areas of reservations/designations, proposed in the development plan, if any, the regular lines of street prescribed under the relevant sets, if any, the public amenity sites prescribed under Regulation 10.7, if any, and the recreational open spaces prescribed under Regulation 10.3 if any.

(vi)    a statement indicating the total area of the holding, the plot wise areas of various uses/occupancies, total area under various reservation/designations with their percentage with reference to the total area of site proposed to be sub-divided, proposed in the Sanctioned Development Proposals, if any, the regular lines of street prescribed under the relevant Act, if any, the public amenity sites and the recreational open spaces prescribed.

(vii)   dimensions of all plots sub-plots, if any, proposed to be carved out, broad use/occupancy proposed therein, along with building lines, the set-backs with dimensions within each plot. In the case of composite development involving no sub-division of the property, dimensions of all buildings showing set backs and distances between the buildings, light receiving planes and height of various parts of the buildings and the open marginal spaces

(viii)  the FSI assigned to each sub plot;

5.6. Building Plan, where Construction of Buildings is envisaged.

The plan of the building, elevations and sections accompanying the application, shall be drawn to a scale of 1:100 and shall include:

(i)       floor plans of all floors together with the covered areas clearly indicating the sizes of rooms, the position and width of staircases, ramps and other exit ways, which shall show:-

(ii)      lift wells, lift machine room and lift pit details;

(iii)     ground and all other floor plan details including those of basement;

(iv)    electric sub-station and meter room details (if any);

(v)      details of parking spaces, loading and unloading spaces provided around and within building, access ways and appurtenant open spaces with projections in dotted lines;

(vi)    distance from any building existing on the plot in figured dimensions along with accessory building.

(vii)   show the use or occupancy of all parts of the building;

(viii)  show exact location of essential services, e.g. WC, sink, bath and the like;

(ix)    include sectional drawings of all parts of the building showing all sectional details

(x)      all street elevations;

(xi)    give dimensions of the projected portions beyond the permissible building line;

(xii)   include terrace plan indicating the drainage and the slope of the roof;

(xiii)  give indication of the north point relative to the plans;

(xiv)  such other particulars as may be prescribed by the MC, MMRDA.

(xv)   dwelling unit data comprising number of units and their size wise distribution in terms of less than 25 sq.m., 26 sq.m. to 40 sq.m., 41 sq.m. to 80 sq.m., 81 sq.m. and above.

(xvi)  All details required under the N.B.C.

5.7. Building Plans for Special Buildings

For special buildings, the following additional information shall be furnished/indicated in the building plans:

(i)       access to fire appliances/vehicles with details of vehicular turning circle and clear motorable access way around the building

(ii)      size (width) of main and alternate staircases along with balcony approach, corridor, ventilated lobby approach;

(iii)     location and details of lift enclosures;

(iv)    location and size of fire lift;

(v)      smoke stop lobby door, where provided;

(vi)    refuse chutes, refuse chamber, service ducts etc.;

(vii)   vehicular parking spaces including loading/unloading spaces;

(viii)  refuge area, if any;

(ix)    details of air-conditioning system with position of fire dampers, mechanical ventilation systems, electrical services, boilers, gas pipes, meter rooms etc.;

(x)      details of exits including provisions of ramps, etc. for hospitals/other buildings requiring special fire protection measures

(xi)    location of generator, transformer and switch gear room;

(xii)   smoke exhaust system, if any;

(xiii)  details of fire alarm system;

(xiv)  location of centralised control connecting all fire alarm system, built in fire protection arrangements, public address system etc.;

(xv)   location and dimensions of static water storage tank and pump room along with fire service inlets for mobile pump and water storage tank;

(xvi)  location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drencher, carbon dioxide (CO2) installation etc.; and

(xvii) location and details of first-aid and fire fighting equipments/installations.

5.8. Service Plan:

Plans and sectional elevations of water supply, sewage disposal system, rain water harvesting and details of building services, where required by the MC, MMRDA shall be made available on a scale not less than 1:100 before undertaking development.

5.9. Colouring Notations for Plans:

The plans shall be coloured as specified in Table 1 below, prints being on one side of the paper only.

 

TABLE 1

COLOURING OF PLANS

Note. Existing work to be hatched black; for land development/sub-division/lay-out suitable colouring notations duly indexed shall be used.

All dimensions in drawings shall be in metric system. In addition to above applicants may also submit the above information in computer readable form.

5.10. Ownership Title and Area:

Every application for development permission shall be accompanied by the following for verifying the ownership, area of land, etc.:

(i)       Attested copy or original sale/lease deed/power of attorney/enabling ownership document, wherever applicable

(ii)      Property register card extract of a date not earlier than twelve months of the date of submission of the development proposal. In the areas not covered by city survey, 7/12 extract of Record of Rights of a date not earlier than twelve months of the date of submission of the development proposal;

(iii)     Statement of area of the holding by triangulation method from the qualified licensed technical personnel or architect with an affidavit from the owner in regard to the area in the form prescribed by the MC, MMRDA;

(iv)    Any other document prescribed by MC, MMRDA.

(v)      In case of land leased by the Government or local authorities, clearance of Government or such authorities regarding observance of the lease conditions shall be obtained and attached to the application for development permission in respect of such land.

5.11. Specifications:

General specifications of the proposed construction, giving the type and grade of materials to be used, duly signed by the Architect/Licensed Surveyor/Engineer/Structural Engineer/Supervisor, as the case may be, shall accompany the application.

5.12 Supervision Certificate-Appendix (B):

The application shall be further accompanied by a certificate of supervision in the form in Appendix B by the architect/licensed surveyor/engineer/structural engineer, as the case may be. In the event of the said technical person ceasing to be employed for the development work, further development work shall stand suspended till a new architect/licensed technical person is appointed and his certificate of supervision along with a certificate for the previous work erected (from the previous supervisor) is accepted by MC, MMRDA.

5.13. No Objection Certificate of Other Authorities:

In the case of proposals requiring clearance from authorities like the Civil Aviation Department, the Directorate of Industries, the Maharashtra Pollution Control Board, the District Magistrate, the Inspectorate of Boilers and Smoke Nuisance, Railways, Salt Commissioner, Forest Department, Fire Brigade, MoEF etc. the relevant no objection certificate from these authorities, shall also accompany the application.

5.14. Signing the Plans:

All the plans shall be duly signed by the owner or constituted Attorney of the owner and the architect/licensed surveyors/engineer/structural engineer as the case may be and shall indicate their names, addresses and licence numbers if any. In the case of architects covered by registration under the Council of Architects as per Architects Act 1972, requiring no licensing by the Planning Authority, the registration number allotted by the Council of Architects shall be indicated. Along with the building plans the owner and Architect shall give undertaking that the proposed development is according to these Development Control Regulations.

5.15. Qualifications & Competence of the Licensed Engineer/Surveyor/Structural Engineer:

Surveyors, engineers, structural engineers and supervisors licensed by the Mumbai Municipal Corporation shall be considered eligible for rendering their services.

5.16. Development Charges:

The applicant shall pay Development Charges as levied by the Planning Authority in accordance with the provisions of chapter VI(a) of the Act.

5.17. Self Declaration by Owner and Architect:

Along with the building plans the owner and Architect shall give undertaking that the proposed development is in conformity of the provision made in these Development Control Regulations.

Regulation - 6. Grant Of Permission And Commencement Of Work.

6.1. Grant of Permission or Refusal:

(a)      The MC MMRDA, may grant or refuse the development permission or may grant it with such modifications or directions as may be deemed necessary and thereupon shall communicate the decision to the person making the application in the prescribed forms in Appendix 'C' or 'D'.

(b)      If within sixty days of the receipt of the application for Development Permission under Regulation 5.1 or within sixty days of the re-submission of plans, the MC, MMRDA fails to intimate, in writing to the person making the application, refusal or sanction with such modifications or directions as may be required, the application with its plans and statements shall be deemed to have been sanctioned, duly provided the proposed development is in accordance with these Regulations and the plans and the terms of lease or titles of the land, proposed land use plan or any law inforce.

(c)      Once the plans have been scrutinized and objections have been pointed out, the person who submitted the application shall modify the plan, comply with the objections raised and resubmit the same for approval. The prints of plans submitted for final approval shall not contain superimposed corrections. The MC, MMRDA shall grant or refuse the Commencement Certificate within sixty days from the date of re-submission of the modified plans, or the modified plans shall be deemed to have been sanctioned provided they are in conformity of the Regulations.

6.2. Discretionary Powers:

In conformity with the intent and spirit of these Regulations the MC, MMRDA may

(a)      decide on matters where it is alleged that there is an error in any order, requirement, decision, determination or interpretation made in the application of these Regulations;

(b)      determine and establish the location of zonal boundaries in exceptional cases or in cases of doubt or controversy;

(c)      interpret the provisions of these Regulations where the street layout actually on the ground varies from the street layout shown on the Development Plan;

(d)      modify the limit of a zone where the boundary line of the zone divides a plot;

(e)      authorise operational construction of a public service undertaking for public utility purposes only where he finds such an authorization to be reasonably necessary for the public convenience and welfare even if it is not permitted in any Land Use Classification.

(f)       In specific cases where a clearly demonstrable hardship is caused the MC, MMRDA, may, by a special written permission.

(i)       permit any of the dimensions/provisions prescribed by these Regulations to be modified provided the relaxation sought does not violate the health safety, fire safety, structural safety and public safety of the inhabitants of the building and the neighbourhood. However, no relaxation in floor space index shall be granted under any circumstances except when permissible under these Regulations.

(ii)      grant temporary permission for certain types of structures and subject to the conditions as specified in Regulation 8.

(iii)     While granting permission under (i) and (ii) above, conditions may be imposed on size, cost or duration of the structure, abrogation or claim of compensation, payment of deposit and its forfeiture for non-compliance and payment of premium as may be prescribed by the MC, MMRDA.

(iv)    Increase in permissible ground coverage above 0.45 if demonstrable hardship is caused in utilising permissible FSI on the given plot.

6.3. Revocation of Permission:

In addition to the provisions of Section 51 of Maharashtra Regional & Town Planning Act, 1966 the Planning Authority may revoke any development permission issued under the provisions of these Regulations, wherever there has been any false statement or any misrepresentation of material fact in the application on which the development permission was based, and in such case the whole work shall be treated as un-authorised. In the case of revocation of permission based on false statements or any material misrepresentation of fact in the application, no compensation shall be payable to the applicant and will be treated as offence and will be punishable.

6.4. Commencement of Work:

Commencement certificate/development permission shall remain valid for four years in the aggregate, but shall have to be renewed before the expiry of one year from the date of its issue. The application for renewal shall be made before expiry of one year, if the work has not already commenced. Such renewal can be done for three consecutive terms of one year each, after which proposals shall have to be submitted to obtain development permission afresh. For the purpose of this Regulation, 'Commencement' shall mean as under:

Regulation - 7. Procedure during construction:

Neither the granting of permission nor approval of the drawings and specifications, nor inspections made by MC, MMRDA during erection of the building, shall in any way relieve the owner from full responsibility of carrying out the work of such building in accordance with the requirements of these Regulations.

7.1. Notice for Commencement of Work:

The owner shall within one year from the date of issue of building permission/commencement certificate, commence the work for which the building permission/commencement certificate has been issued. The owner shall mark on building site the line-out of the proposed development work i.e. centre lines of all external walls/columns proposed on ground floor of the structure. He shall then give notice to MC, MMRDA of the intention to start work on the building site in the form given in Appendix E. The MC, MMRDA within 7 days of the receipt of such notice shall check the lineout. The owner may anytime after seven days have elapsed from the date of service of such notice to the MC, MMRDA, or earlier if permitted by the MC, MMRDA commence the work.

7.2. Documents at Site:

(i)      Results of tests of materials.

Where tests of any materials are made to ensure conformity with the requirements of these Regulations, records of the test data shall be kept available for inspection during the construction of the building and for such a period thereafter as required by the MC, MMRDA.

(ii)    Approved Plans.

The person to whom development permission is issued shall, during constructions, keep in a conspicuous place on the site in respect of which the permission has been issued, a copy of the commencement certificate along with copies or the approved plans and specifications.

7.3. Checking of Plinth/Columns up to Plinth Level:

The owner through his architect or his licensed surveyor/engineer/structural engineer shall give notice, in form in Appendix F, to the MC, MMRDA after the completion of work up to plinth level with a view to enabling the MC, MMRDA to ensure that the work is carried out in accordance with the sanctioned plans. The MC, MMRDA may himself or with the architect or licensed technical personnel to carry out inspection within seven days from the receipt of such notice and allow him to go ahead with further construction work as per sanctioned plan or otherwise communicate in the form given in Appendix G. Within this period if the decision is not communicated it shall be deemed to have been given, provided the work is carried out in accordance with the sanctioned plans.

7.4. Deviation during Construction:

If during the construction of a building, any departure which is not of substantial nature from the sanctioned plan, is intended to be made by way of addition which does not violate any provisions regarding general building requirements, structural stability and fire safety requirements of these Regulations, alteration may be made and sanction of the MC, MMRDA shall be obtained immediately and in any case before occupation certificate is submitted. The procedure laid down for approved original plans shall apply to all such amended plans. Provided that no such alterations shall result in increasing the built-up area/floor space under or change in the marginal open spaces or the height of the building. No such alterations shall be carried unless sanction to the amended plan is obtained.

7.5. Completion Certificate:

The owner through his architect, licensed surveyor, engineer, structural engineer, as the case may be, who has supervised the construction, shall give notice to the MC, MMRDA regarding completion of work described in the building permission in the form in Appendix H along with four sets of the completion plan. One of the sets, duly certified as the completion plan, shall be returned to the owner along with the issue of full occupancy certificate.

7.6. Occupancy Certificate:

The MC, MMRDA, on receipt of the completion certificate, shall inspect the work and sanction or refuse an occupancy certificate, in the proforma in Appendix I within Twenty One days from the date of receipt of completion certificate, after which period it shall be deemed to have been approved by the MC, MMRDA for occupation provided the building has been constructed as per the sanctioned plans. Where the occupancy certificate is refused, the various reasons for rejection shall be quoted, at the first instance itself.

7.7. Part Occupancy Certificate:

When requested by the holder of the building permission, the MC, MMRDA may issue a part occupancy certificate for a building or part thereof, before completion of the entire work as per development permission, provided sufficient precautionary measures are taken by the holder of the building permission to ensure public safety and health.

7.8. Occupancy Certificate for Special Buildings

In the case of special buildings, the work shall, in addition, be subject to such inspection that may be decided by MC MMRDA with a view to ensure that building has compliance with the requirement from the fire protection point of view.

7.9. Inspection:

The MC, MMRDA may at anytime during development carry out inspection of the work without giving previous notice of his intention of doing so.

Regulation - 8. Temporary structures.

8.1. Permissions for Temporary Constructions:

The MC, MMRDA may grant permission for temporary construction for the following purposes for a period not exceeding 15 days at a time but not exceeding a period of three months in the aggregate:

(i)       Pandals for fairs, ceremonies, religious functions, sale of crackers, seasonal goods etc.;

(ii)      Structures for exhibitions/circuses etc.;

(iii)     Structures for go downs/storage of construction materials within the site; in this case upto three years

(iv)    Temporary site office and watchmen chowkies within the site only during the phase of construction of the main building; in this case upto three years

(v)      Transit accommodation for persons to be rehabilitated in the new construction; upto three years in this case

(vi)    Asphalt mixing plant for a period not exceeding 15 days at a stretch subject to a maximum limit of 60 days in a calendar year; provided that temporary constructions for structures mentioned in (i) to (v) may be permitted to be continued temporarily by the MC, MMRDA but in any case not beyond completion of construction of the main structure or building.

Regulation - 9. Land Use Zoning.

9.1. Development to be in Conformity of the Use Zones:

In the Proposals for development of land, the area within the jurisdiction of the Authority is categorised into various Land Use Zones. The Land Use zones are depicted distinctly by different colours, notations and textures on the accompanying Plan. Development of any plot or premises shall be in conformity with the provisions made for the Land use Zone in which it is situated or the specific use/occupancy assigned to it in the planning proposals/development plan. Provided that, any lawful use of premises existing prior to the date of commencement of these Regulations may be allowed to be continued, unless in the opinion of the Authority the activity poses danger to public safety and/or life, and/or the Government in the Environment Department or organisation under its control, for reasons to be recorded in writing, requires discontinuance of such activity. With additional safeguards prescribed by the Planning Authority and/or Government in the Environment Department or the Competent Authority under its control so empowered by the State Government on its behalf, the activity can be continued for a specified time or permanently.

9.2 Land Use Zones:

The Proposals for development of land divide the Notified Area into following land use zones;

(a)      Truck Terminal Zone.

(b)      Multimodal Transport Zone.

(c)      Residential Zone

(d)      Commercial Zone

9.3 Uses Provisions

Principal and ancillary uses permitted in the land use zones described in Regulation 9.2 above are specified below;

(a)      Truck Terminal Zone.Apart from truck terminal & multistoried parking for trucks, uses such as rest room/retiring room, guest house, garages, maintenance workshops, service stations, convenient shopping, service shops, transport offices, godowns, security room, police station, bank, canteen/restaurant, petrol pump, fire fighting station, post, heath centre dispensary, toilets, weigh bridge may be permitted.

The proportionate area for the truck terminal and ancillary uses shall be decided by the MC, MMRDA at the time of approving layout or subdivision of a plot.

Notwithstanding anything mentioned above the area for ancillary uses shall not be more than 15% of the gross area of Truck Terminal in any case.

(b)      Multimodal Transportation Zone.This will cover area earmarked in the plan for the use of Inter State Bus Terminal (ISBT), Metro Railway and Mono Rail. This Development shall be controlled by MC, MMRDA, after producing the No Objection Certificate from respective Authorities. The right to develop air rights of these areas shall be with MC, MMRDA and MC, MMRDA shall take decision about allowing additional FSI within the overall permissible FSI by charging premium while allowing development of these air rights. The other uses excluding transportation related activities in this zone shall be governed by uses permitted in commercial zone.

(c)      Residential Zone. Provisions of DCR, Greater Mumbai, 1991 shall be applicable.

(d)      Residential Zone with Shop Line: R-2 zone shall be determined as the plots along roads having existing or prescribed width of and between 24 m and 45 m.

(e)      Commercial Zone. Provisions of DCR Greater Mumbai, 1991 for local Commercial Zone (C-1) shall be applicable.

Regulation - 10. Development proposal:

10.1. Distance from Electric Lines:

No building, verandah, balcony or the like shall be allowed to be erected or re-erected or any additions or alternations made to a building on a site within the distance quoted below in Table 3, in accordance with the current Indian Electricity Rules as amended from time to time, between the building and any over head electric supply line. The distances prescribed in the Indian Electricity Rules at present are quoted below in Table 2.

 

TABLE 2 DISTANCE FROM ELECTRIC LINES.

Note. The minimum clearance shall be measured from maximum sag for vertical clearance and from maximum deflection due to wind pressure for horizontal clearance.

10.2. Access from Highways/Important Roads:

Premises other than those for highway amenities like petrol pumps and motels shall have no direct access from highways. In such case, the access shall be through service road of not less than 12 m. The access points/service roads shall be subject to the provision of State Highway Act, 1955 and National Highway Act, 1956.

10.3. Contents of Development Proposal:

Every development proposal shall contain:

(a)      internal means of access leading to each of the buildings/sub plots proposed.

(b)      sub plots proposed, if any;

(c)      all the existing structures proposed to be retained;

(d)      where no sub plots are being carved out and a building/group of buildings is proposed to be constructed, all the proposed structures.

Regulation - 11. Floor space index (fsi).

11.1. Values of FSI

The maximum FSI permissible shall be as prescribed below:

*Note. Where the F.S.I. exceeds 1.00, the SPA (MMRDA) at the time of granting development; permissions should obtain No Objection Certificate from Municipal Corporation of Greater Mumbai regarding availability of Off-Site infrastructure like water supply, sewage, storm water drains and transport facilities.

Entire Area notified for development of Wadala Truck Terminal, I.S.B.T. and other complimentary/supplementary activities, amenities at Wadala shall be considered as one plot. The total FSI permissible on the gross area of the plot in possession of the Special Planning Authority but excluding the area affected by CRZ, Salt Pan/Protected Forest shall be called as Global FSI.

Global FSI shall be permitted to be used on subdivided plots with no restrictions of FSI and height of building on individual plots subject to provisions of fire fighting arrangements with prior approval of Chief Fire Officer, Municipal Corporation of Gr. Mumbai and also with prior approval of Civil Aviation Department. The total FSI utilised on the notified area shall not exceed the Global FSI.

11.2. Exclusions from FSI Computation:

The following areas shall not be counted:

(a)      Areas of structures permitted in recreational open space under clause (g) of sub-Regulation (1) of Regulations 23 of DCR for Greater Mumbai, 1991.

(b)      Areas covered by features permitted in open spaces as listed in Regulation no 13.5 and 13.6 below.

(c)      Areas covered by stair-case rooms, lift rooms above the topmost storey, lift-wells and stair-cases and passages thereto, architectural features, chimneys and elevated tanks of permissible dimensions with the special permission of the: MC, MMRDA.

Provided that such exclusion from FSI computation will be available in respect of buildings to be constructed or reconstructed only, the same being not available for existing buildings or proposals decided by the Authority prior to the coming into force of these Regulations

(d)      Area of fire escape stairways and cantilever fire escape passages according to the Chief Fire Officer's requirements.

(e)      Area of the basement as provided in sub-Regulation (9) of Regulation 38 of DCR for Greater Mumbai, 1991,

(f)       Area of covered parking spaces as provided in sub-Regulation (5) of Regulations 36 of DCR for Greater Mumbai, 1991,

(g)      Area of one office room of a co-operative housing society or apartment owners association as provided in sub-Regulation (11) of Regulation 38 of DCR for Greater Mumbai, 1991,

(h)     Area of the sanitary blocks (s) consisting of a bathroom and water closet for each wing of each floor of a building of prescribed dimensions deriving access from a common passage as provided in sub-Regulation (4) of Regulation 38 of DCR for Greater Mumbai, 1991, for the use of domestic servants engaged in the premises.

(i)       Refuge area as provided in sub-Regulations (7) of Regulation 44 of DCR for Greater Mumbai, 1991,

(j)       Areas covered by:

(i)       Lofts (vide sub-Regulation (5) of Regulation 38, of DCR for Greater Mumbai, 1991)

(ii)      Meter rooms (vide sub-Regulation (13) of Regulation 38] of DCR for Greater Mumbai, 1991)

(iii)     Porches (vide sub-Regulation (20) of Regulation 38] of DCR for Greater Mumbai, 1991)

(iv)    Canopies (vide sub-Regulation (21) of Regulation 38 of DCR for Greater Mumbai, 1991)

(v)      Air-conditioning plant rooms.

(vi)    Electric Sub stations (vide Regulation 26 of DCR for Greater Mumbai, 1991)

(vii)   Service floor of height not exceeding 1.5 m. with the permission of MC, MMRDA.

(k)      Area of balconies as provided in sub-Regulation (22) of Regulation 38 of DCR for Greater Mumbai, 1991.

(l)       Areas covered by service ducts, pump rooms, electric substations, niches upto 1m. depth below window sill, passages and additional amenity of lift and/or staircase beyond those required under the Regulations with the permission of the: MC, MMRDA

(m)    Area covered by new or additional lifts and staircases, including passages to be provided in a building with the permission of MC, MMRDA.

(n)     Area of one public telephone booth and one telephone exchange (PBX) per building with the permission of MC, MMRDA.

(o)      Area of one room for installation of telephone concentrators as per requirements of Mahanagar Telephone Nigam limited but not exceeding 20 sq.m. per building with the permission of MC, MMRDA.

(p)      Area of a separate letter box on the ground floor of residential and commercial buildings with five or more storeys to the satisfaction of MC, MMRDA.

(q)      Area of a covered passage of clear width not more than 1.52m. (5ft.) leading from a lift exit at terrace level to the existing staircase so as to enable descent to lower floor in a building to reach tenements not having direct access to a new lift in a building without an existing lift.

(r)      Any covered antenna/dish antenna/communication tower used for Telecom (basic cellular or satellite telephone) or ITE purposes, V-Sat, Routes, Transponders or similar IT related structure or equipment.

(s)      Area of one fitness centre for a Co-Op. Housing Society or Apartment Owners Association as provided in sub-regulation 38 (32) of DCR for Greater Mumbai, 1991.

Regulation - 12. Marginal Open Spaces.

Open spaces shall be left around buildings within a plot for maintaining proper building line along roads, ensuring sufficient light and ventilation to the inhabitants and efficient movement of vehicles including fire engines around the buildings. Every open space whether interior or exterior shall be kept free from any erection thereon and shall remain open to sky excepting the features covered by Regulation 13.4 to 13.6.

12.1. Marginal Open Spaces Separate for Each Building or Wing

The open spaces required under these Regulations shall be separate or distinct for each building and where a building has two or more wings, each wing shall have separate or distinct open spaces according to these Regulations for the purpose of light and ventilation of the wings.

12-2. Minimum Dimensions of Marginal Open Spaces.

The minimum dimensions of marginal open spaces shall be as specified in Table 3 below;

 

TABLE 3. MARGINAL OPEN SPACES FOR PLOTS IN RESIDENTIAL AND COMMERCIAL ZONES

Notes.(1) For developments in plots abutting classified roads prevailing Rules under Highway Ribbon Development Rules shall be observed. In a row housing block maximum number of plots allowed shall not exceed 16 in number and a minimum of 4. Minimum distance between two blocks of row housing shall be 6m.

(2) Construction of ottas, railings, and barricades shall not be allowed in front marginal space.

Regulation - 13. Interior open spaces (chowk).

13.1. Inner Chowk:

(a)      Minimum dimension of an inner chowk distinct from the ventilation shaft in Regulation 13.3 shall be 3 meter. When a habitable room derives light and ventilation from the inner chowk the minimum dimension of the chowk shall be as required for each wing of the building. Such inner chowk shall be accessible lower most level, at least from one side through a common passage or space.

(b)      Where only a water closet and bathroom or stores are abutting on the interior open space, the size of the interior open sp14.3.ace shall be in line with the provisions for ventilation shaft as in Regulation 13.3.

(c)      Where a staircase is dependent on light and ventilation through an inner chowk, the minimum dimension of the chowk shall be 3 m. X 3 m. irrespective of the height of the building.

(d)      Internal toilets without internal chowks can be permitted if mechanized ventilation is proposed in the building

13.2. Outer Chowk:

The minimum width of an outer chowk (as distinguished from its depth) shall be 2.4 m. but if the depth exceeds the width, the open space between the wings shall be regulated by Regulation 13.1 and 13.2, when any habitable room depends or light and ventilation on such outer chowk. A recess less than 2.4 m. wide shall be treated as a notch and not as a chowk.

13.3. Ventilation Shaft:

For ventilating the spaces for water closet and bath-room, if not opening on the front side, rear and interior open spaces, shall open on to the ventilation shaft, the size of which shall not be less than the values given below.

 

TABLE 4 MINIMUM AREAS FOR VENTILATION SHAFT

Note. Where lighting and ventilation requirements are not met through day-lighting and natural ventilation, they shall be ensured through artificial lighting and ventilation in accordance with the provisions of Part VIII, Building Service Section I, Lighting and Ventilation, National Building Code.

13.4. Features required to be done if so directed by MMRDA in Marginal Open Spaces:

Notwithstanding the Regulation 13, certain features may be permitted in the prescribed marginal open spaces as enumerated below;

13.5. Features Permitted in the Side or Rear Marginal Open Spaces:

(a)      Suction tank, pump room, electric meter room or sub-station, garbage shaft, space required for fire hydrants, electrical and water fittings, water tank, dust bin, etc.

(b)      Laying of service lines for water supply and sewerage for other plot holders.

13.6. Other Features Permitted in Front, Side and Rear Marginal Open Spaces:

(a)      A rockery, well and well structures, plant nursery water pool, or fountain swimming pool (if uncovered and only beyond the required open space as required under these Regulations), platform around a tree, tank, bench, gate, slide, swing, ramp, compound wall;

(b)      A cantilevered and un-enclosed canopy over common entrance and each common staircase not more than 5.5 m. long and atleast2.2m.abovegroundlevel. The outer edge of the canopy shall beatleast2.0m.fromtheplotboundary. Canopies of larger size in public or special buildings may, however, be permitted. No canopy shall have access from upper floors for being used as sitting out place.

(c)      An un-enclosed porch open on three sides, not more than 5.5m. in length parallel to the main building in front of common entrance only and except rear open space. No part of such porch shall be less than 1.5m. from the plot boundary;

(d)      A balcony for a residential or commercial building, if it does not reduce the width or the clear required marginal open space to less than 3 m. at the rear and sides and 1.5 m. in the front. The width of a balcony will be measured perpendicular to the building line and reckoned from that line to the balcony's outer most edge;

(e)      A chajja, cornice weather shade, sun breaker and other ornamental projection projecting not more than 1.2 m from the face of the building. No chajja, cornice, weather shade, sun breaker or other ornamental projection etc. shall be permissible, which will reduce the width of the required open space, to less than 2.5 m.

(f)       A chajja, cornice, weather shade and sun breaker over a balcony or gallery, its projection not exceeding from the balcony or gallery face with level difference of 0.3 m. in relation to the floor level. However ornamental projections over a balcony or gallery may be allowed to project upto 0.75 m.

(g)      Watchman's booth not over 3 sq.m. in area.

Regulation - 14. Parking, loading & unloading spaces.

14.1. Parking Spaces:

Wherever a property is developed or redeveloped, parking spaces at the scale laid down in these Regulations shall be provided. When additions are made to an existing building, the new parking requirements will be reckoned with reference to the additional space only and not to the whole of building but this concession shall not apply where the use is changed.

The parking spaces mentioned below include parking spaces in basements or on a floor supported by stilts, or on upper floors, covered or uncovered spaces in the plot and lock-up garages.

14.2. Size of Parking Space

The minimum sizes of parking spaces to be provided shall be as shown below:

 

TABLE 5.

Note. In the case of parking spaces for motor vehicles, upto 50 percent of the prescribed space may be of the size of 2.3 m x 4.5 m.

Parking for Multiaxle Vehicles shall be provided as per size and requirement for maneuvering of the vehicles and the distance between two parking spaces i.e. carriage way between parking spaces shall also be kept accordingly.

14.3. Marking of Parking Spaces:

Parking spaces shall be paved and clearly marked for different types of vehicles.

14.4. Ramps for Basement Parking:

Ramps for parking in basements should conform to the requirements of relevant IS Code and the National Building Code.

14.5. Off Street parking norms:

Parking spaces for four wheeled auto vehicles should be provided as per Rule No. 36 of Development Control Regulations for Greater Mumbai, 1991 as modified vide Govt. Notification No. TPB-4308/507/CR-76/2008/UD-11, dated 12th August, 2009 under section 37(2) of M.R. & T.P. Act, 1966.

14.6. Access Aisles and Driveways:

Off street parking space shall be provided with adequate access to a street, and the area of drives, aisles and such other provisions required for adequate manoeuvring of vehicle shall be exclusive of the parking space stipulated in these Regulations.

14.7. Parking Spaces-Where to be accommodated:

The parking spaces may be provided underneath the building, in basements and in single or multiple stilts, or on upper floors or on podiums but not in the front, side and rear open spaces or amenity open spaces, if-they are unenclosed and/covered/uncovered and they do not consume more than 50 percent of the open space; a minimum distance of 3.0 m. around the building is kept free of parking for proper maneuverability of vehicles;

14.8. Vehicular Ramps:

In the case of parking spaces provided in basements or on upper stilts, at least two ramps of width not less than 4.5m and with 1:10 slope shall be provided, located preferably at opposite ends. Alternatively vehicular lifts shall be permitted in place or ramps.

Regulation - 15.Requirements of building construction and services.

Following aspects of building construction and services will be governed by the latest edition of the National Building Code published by the Indian Standards Institute.

15.1. Structural Design:

15.2. Building Materials:

15.3. Construction Practices and Safety provided that for all developments in areas acquired and allotted by the Authority:

15.4. Building Services:

(a)      Lighting and Ventilation.

(b)      Electrical Installations.

(c)      Air conditioning and Heating.

(d)      Acoustics, Sound insulation and Noise Control,

(e)      Design and Installation of lifts and escalators.

15.5. Plumbing Services:

(a)      Water supply

(b)      All water supply for domestic use shall be made through PVC pipes only.

(c)      Rain water harvesting according to the "Rain Water Harvesting and Conservation Manual, Consultancy Services Organization, Central Public Works Department, New Delhi" or "A Water Harvesting Manual for Urban Areas case studies from Delhi, Centre for Science and Environment, New Delhi 2003 till relevant IS Code becomes available.

(d)      Drainage and Sanitation

(e)      Gas Supply.

Regulation - 16. Miscellaneous.

16.1. Only ready-mix concrete with at least 15% fly ash added shall be used in all the construction within the area of SPA.

16.2. Authority to remove the encroachments

The plot holder/owner is authorised to remove the encroachments in front of his/her plot upto centre line of the road. Plot holder/owner shall be responsible for removal of encroachments hawkers. Non compliance of this condition shall result in forfeiture of plot including building standing there on by MC, MMRDA.

16.3. Maintenance and aesthetic beauty of the building.

Maintenance and aesthetic beauty of the buildings. The owner/holder of the building in Wadala Truck Terminus I.S.B.T. & other complimentary activities, amenities and Infrastructure facilities at Wadala Notified Area, should maintain the aesthetic beauty of the buildings. These buildings shall be painted by owners/holders once in five years to maintain outer beauty of these buildings. In case of failure, MC, MMRDA shall get the buildings painted and cost shall be recovered from the owner/holder along with the overheads.

16.4. Application of national Building code and Indian Standard Institute for certain development:

Following aspects of development shall be governed by the latest edition of the National Building Code published by the Bureau of Indian Standards.

16.5. Signs and Outdoor Display Structures:

16.6. Tree Plantation in Plots:

5% of the total area of the plot, at least, one tree per dwelling unit.

Regulation - 17. Building Bye-Laws For Physically Disabled Persons.

Model byelaws for physically disabled persons included in Appendix J shall be applicable to all Wadala Truck Terminus I.S.B.T. & other complimentary activities, amenities and Infrastructure facilities at Wadala Notified Area.

Regulation - 18. Application of Development Control Regulations.

Wherever the regulations/sub regulations are not specifically prescribed in these regulations, the provisions of the Development Control Rules for Greater Mumbai, 1991 amended from time to time shall apply mutatis mutandis to the development of land, with the modification that the expressions "Bombay Municipal Corporation" and "Municipal Commissioner" shall be replaced by the expression "Mumbai Metropolitan Region Development Authority" and "Metropolitan Commissioner" respectively.

Following provisions existing in the DCR of Greater Mumbai 1991 amended from time to time shall not be applicable within the area of Special Planning Authority, as the proposals are for the development of Truck Terminus, ISBT, Iconic Tower etc.

(1)     Regulations regarding additional FSI.

(2)     All regulations regarding TDR

(3)     Regulations regarding Cotton Textile Mills

(4)     All Regulations regarding Tourism Development Zone.

(5)     Regulations regarding heritage

(6)     Regulations regarding Township.

(7)     Regulations regarding Accommodation Reservations

(8)     Regulations regarding Public/High Density Housing

(9)     Regulations regarding land use which are not proposed in the Development Proposals e.g. I -1, I-2, I-3 etc.

(10)   Complete regulation no 33.

Regulation - 19.

Provisions for RAIN WATER HARVESTING shall be applicable as per Appendix-K.

Regulation - 20. Development and FSI in CRZ area.

The development and FSI in CRZ area shall be governed by the provisions MoEF CRZ Notification dt. 19.2.1991 as amended from time to time.

Regulation - 21. Regulations regarding Installation of Solar Assisted Water Heating System shall be applicable as given in Appendix-L.

 

APPENDIX - 'A': APPLICATION FOR DEVELOPMENT

(Regulation 5.1)

FORM FOR FIRST APPLICATION FOR DEVELOPMENT UNDER SECTION 44/45/58 OF MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966

To,

The Metropolitan Commissioner,

Mumbai Metropolitan Region Development Authority,

Sir,

I hereby give notice that I intend to carry out development in the Site/to erect, to reerect/to demolish/to make material alterations in the building........................................... on/in plot No......................................... Town and Revenue No.................................... C.T.S. No.................... Situated at Road/Street ............................................ Wadala Truck Terminus I.S.B.T. & other complimentary activities, amenities and Infrastructure facilities at Wadala Notified area and in accordance with section 44/45/58/69 of Maharashtra Regional and Town Planning Act, 1966.

I forward here-with the following plans and statements (item 1 to 6) wherever applicable, in quadruplicate signed by me and (Name in block letters) ........................................................ Architect/Licensed surveyor/Licensed Engineer/Licensed Structural Engineer, (License No.................................................) who has prepared the plans, designs and a copy of other statements/documents/as applicable (item 7 to 11).

(1)     Key Play (Location Plan).

(2)     Site Plan

(3)     Sub Division/Layout Plan.

(4)     Building Plan.

(5)     Service Plan.

(6)     Particulars of Development in Form. (Annexure I)

(7)     Ownership Title.

(8)     Lease Deed executed with MMRDA including the certified map of the plot

(9)     No Objection Certificate, where required.

(10)   Appointment letter in favour of Architect/licensed Engineer/Structural Engineer/Supervisor.

(11)   Supervision certificate of licensed technical personnel or architect.

I request that the proposed development/construction may be approved and permission accorded to me to execute the work.

Signature...................................................Name............................................................................... Architect or Licensed Surveyor/Engineer/Structural Engineer/Supervisor Name................................................................Address............................................................................

Signature of Owner..................................................Address of Owner.................................................

Dated............................................

 

APPENDIX-B: FORM FOR SUPERVISION

(Regulation 5.12)

To,

Metropolitan Commissioner,

Mumbai Metropolitan Region Development Authority,

........................................................................................

Sir,

I hereby certify that the development/erection/re-erection/demolition or material alteration in/or building No........................................................... on/in Plot No............................................. in Block No................................ situated at Road/Street ......................................................................... C.T.S. NO.............................................shall be carried out under my supervision and Certify that the Structural Design, all the materials (type and grade) and the Workmanship of the work and design and provision of services shall be generally in accordance with the National Building Code, and that the work shall be carried out according to the sanctioned plans. I shall be responsible for the execution of the work in all respects.

Signature of Architect/Surveyor/Engineer/Structural Engineer...............................................

Name of Licensed/Engineer/Surveyor/Structural/Engineer and/or Architect (IN BLOCK LETTERS)

..............................................................................................................................................................................

Registration No. of Architect/License No. of Engineer/Surveyor/Structural Engineer

....................................................

Address of Engineer/Surveyor/Structural Engineer and/or Architect.

.......................................................

Date:................................................

 

APPENDIX-C: FORM FOR SANCTION OF DEVELOPMENT PERMISSION/COMMENCEMENT CERTIFICATE

(Regulation 6.1. a)

To:

.........................................................................

.........................................................................

.........................................................................

Sir,

With reference-to your application No................................................dated.....................for the grant of sanction of Development Certificate/Commencement Certificate under section 45 of Maharashtra Regional and Town Planning Act 1966 to carry out development work on/in Plot No......................... Block No........................... situated at Road/Street ......................... C.S.T. No.......................... the commencement Certificate is granted subject to the following conditions: The land vacated in consequence of the enforcement of the set-back rule shall from part of the public street. No new building or part thereof shall be occupied or allowed to be occupied or used or permitted to be used by any person until occupancy permission has been granted.

The Commencement certificate/building permission shall remain valid for a period of one year commencing from the date of its issue.

This permission does not entitle you to develop the land which does not vest in you. ...................... No. of trees shall be planted in the plot.

...................................................................................

...................................................................................

...................................................................................

Yours faithfully

Office No......................................................

Office Stamp................................................

Date..............................................................

 

APPENDIX-D: FORM FOR REFUSAL OF SANCTION OF BUILDING PERMISSION/COMMENCEMENT CERTIFICATE

(Regulation 6.1.a)

To,

...................................................................................

...................................................................................

....................................................................................

Sir,

With reference to your application......................................................dated................................... for the grant of sanction for the development work/the erection of a building/execution of work in Building No......................................... Plot No........................................... situated at ........................................Road/Street.........................................C.T.S. No.............................I have to inform you that the sanction has been refused on the following grounds:-

1................................................................................................

2................................................................................................

3................................................................................................

4................................................................................................

5................................................................................................

6................................................................................................

Yours faithfully

Office No......................................................

Office Stamp................................................

Date..............................................................

 

APPENDIX-E: FORM FOR NOTICE FOR COMMENCEMENT OF WORK

(Regulation 7.1)

To,

................................................................................

.................................................................................

.................................................................................

Sir,

The development work/erection/re-erection/demolition or material alteration in/of Building No.............................................on/in plot No....................................Block No............................situated at....................................Mohalla/Road.....................................C.T.S. No...................................will start on...................................as per your permission vide office communication No............................ Dated....................................under the supervision of......................................Architect (Registered)/Licensed Engineer/Surveyor/Structural Engineer/Supervisor, (License No........................) and in accordance with the plan sanctioned.

Signature of Owner

Name of Owner (in block Letters)........................................................................................................

Address of Owner...................................................................................................................................

Date:.....................................................

 

APPENDIX-F: FORM FOR INFORMING COMPLETION OF WORK UP TO PLINTH LEVEL

(Regulation 7.3)

To,

.............................................................

.............................................................

..............................................................

Sir,

I hereby inform that the construction upto plinth/- column upto plinth level has been completed in Building No.............................................. on/in Plot No.............................................. Block No..........................................situated at.......................................Road/Street......................................... C.T.S. No.............................................. as per your permission vide office Communication No.......................................dated.........................................under my supervision and in accordance with the sanctioned plan.

The completed work may be checked and permission given to proceed with the further work.

Signature of Architect/Licensed Engineer/Structural Engineer/Surveyor/Supervisor .....................................................................................

Name (In Block Letters).........................................................................................................................

Address.....................................................................................................................................................

Date:.....................................................

 

APPENDIX-G: FORM FOR APPROVAL/DISAPPROVAL OF DEVELOPMENT WORK UPTO PLINTH LEVEL

(Regulation 7.3)

To,

....................................................................................

....................................................................................

....................................................................................

Sir,

With reference to your intimation No...................................................dated............................... regarding the completion of construction work upto plinth/columns upto plinth level in Building No........................................on/in plot No....................................................Block No................................. situated at ............................................ Road/Street .......................................... C.T.S. No............................................I have to inform you that the further work may be proceeded with as per sanctioned plan/shall not be proceeded with as the construction up to plinth level is not as per sanctioned plans.

Yours faithfully,

Office Communication No..............................

Office Stamp.....................................................

Date............................................................:.....

 

APPENDIX-H: FORM FOR COMPLETION CERTIFICATE

(Regulation 7.5)

To,

..............................................................................................

..............................................................................................

...............................................................................................

Sir,

I hereby certify that the erection/re-erection or part/full development work in/on building/part building No........................................... situated at ........................................... Road/Street ............................................................C.T.S. No...............................................has been supervised by me and has been completed on ................................................................................ according to the plans sanctioned, vide Office communication No.......................................dated................................ The work has been completed to my best satisfaction, the workmanship and all the materials (type and grade) have been used strictly in accordance with the Act or the Building Rules, no requisitions made, conditions prescribed or orders issued thereunder have been transgressed in the course of work. I am enclosing three copies of the completion plans, one of which is cloth mounted. The building is fit for occupancy for which it has been erected/re-erected or altered, constructed and enlarged.

I have to request you to arrange for the Inspection and give permission for the occupation of the building.

Signature of Architect/Licensed Engineer/Surveyor/Structural Engineer/Supervisor ..........................................................................

Name of Architect/Licensed Engineer/Surveyor/Structural Engineer/Supervisor .........................................................................................

Encl. as above.

Date:.............................................................

 

APPENDIX-I: FORM FOR OCCUPANCY CERTIFICATE

(Regulation 7.6)

To,

..........................................................................

..........................................................................

..........................................................................

Sir,

This is to certify that the part/full development work/erection or alteration in/of building No...................................... on/in Plot No............................................ Block No............................... situated at .................................................... Road/Street ................................... C.T.S. No. ............................................................completed under the supervision of.................................Licensed Architect/Engineer/Surveyor/Structural Engineer, License No.....................................is permitted to be occupied subject to the following conditions:-

1.

2.

3.

4.

One set of completion plan duly certified is returned here-with.

Yours faithfully,

Office No.......................................................

Office Stamp.................................................

Date:.............................................................

 

APPENDIX-J: BYELAWS FOR DISABLED PERSONS

Model building byelaws to provide facilities for disabled persons.

1. Definitions.

1.1. Non-ambulatory Disabilities;- 

Impairments that, regardless of cause or manifestation, for an practical purposes, confine individuals to wheelchair

1.2. Semi-ambulatory Disabilities;- 

Impairments that cause individuals to walk with difficulty or insecurity. Individuals using brace or crutches, amputees, aribritics, spastics, and those with pulmonary and cardiac ills may be semi-ambulatory.

1.3. Hearing Disabilities:- 

Deafness or hearing handicaps that might make on individual insecure in public areas because he is unable to communicate or hear warning signals.

1.4. Sight Disabilities:- 

Total blindness or impairments affecting sight to the extent that the individual, functioning in public areas, is insure or exposed to danger.

1.5. Wheel Chair;- 

Chair used by Disabled people for mobility, the grandam size at wheel chair shall he taken RS 1050 mm X 750 mm.

2. Scope.

These bye-law are applicable to all buildings and facilities used by the public. It goes not apply to private & public residences.

3. Site development.

Level of the roads, access, paths and parking areas shall be described in the plan along with specification of the materials.

3.1. Access Path/Walk Way: 

Access path from plot try and surface parking to Building entrance shall be minimum of 1800 mm. wide having even surface without any steps. Slope, if any, shall not have gradient greater than 5%. Selection floor, material shall be made suitably to attract or to guide visually impaired persons (limited to coloured floor, material whose colour and brightness is conspicuously different from that of the surrounding floor material or, the material that emit different sound to guide visually impaired persons, hereinafter referred to as "guiding floor material" (Annexure-I). Finishes shall have a non slip surface with a texture traversable by a wheel chair. Curbs wherever provided should blend to-a corm-non level.

3.2. Parking; 

For parking of vehicles at handicapped people the following provisions shall be made:

(a)      Surface parking for two Car Spaces shall be provided near entrance for the physically handicapped persons With maximum travel distance of 30.0 meter from building entrance.

(b)      The width of parking bay shall be minimum 3.6 meter.

(c)      The information stating that the space is reserved for wheel chair users shall be conspicuously displayed.

(d)      Guiding floor materials shall be provided or a device which guides visually impaired persons with audible signals 'or other devices which serves the same purpose, shall be provided.

4. Building Requirement.

The specified facilities for the buildings for physically handicapped persons shall be as follows.

(1)     Approach to plinth level

(2)     Corridor connecting the entrance/exit for the handicapped.

(3)     Stair-ways

(4)     Lift

(5)     Toilet

(6)     Drinking water

4.1. Approach to plinth level.

Every building should have at least one entrance accessible to the handicapped and shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry.

4.1.1. Ramped Approach.

Ramp shall be finished with non slip material to enter the building.

Minimum: width of ramp shall be 1800mm. with maximum gradient 1:12. length or ramp shall not exceed 9.0 meter having 800 mm high hand rail on both sides extending 300 mm. beyond the and bottom of the ramp. Minimum gap from the adjacent wall to the hand rail shall be 50 mm.

4.1.2. Stepped Approach.

For steeped approach size of tread shall not be less than 300 mm. and maximum riser shall be 150 nun. Provision of 800 mm. high hand rail on both sides of the stepped approach similar to the ramped approach.

4.1.3. Exit/Entrance Door.

Minimum clear opening of the entrance door shall be 900 mm. and it shall not be provided with a step that obstructs the passage of a, wheel chair user. Threshold shall not be raised more than 12 mm.

4.1.4. Entrance Landing.

Entrance landing shall be provided adjacent to ramp with the minimum dimension 1800 mm x 2000 mm. The entrance landing that adjoin the top end of a slope shall be provided with floor materials to attract the attention of visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emit different should to guide visually impaired persons hereinafter referred to as "guiding floor material" (Annexure I). Finishes shall have a non slip surface with a texture traversable by a wheel chair. Curbs wherever provided should blend to a common level.

4.2. Corridor connecting the entrance/exit for the handicapped.

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall use of the specified building can be provided to visually impaired persons either by a person or by signs, shall be provided as follows:

(a)      Guiding floor materials' shall be provided or devices that emit sound to guide visually, impaired persons.

(b)      The minimum width shall be 1500 mm.

(c)      In case there is a difference of level slope ways shall be provided with a slope of 1: 12.

(d)      Hand rails shall be provided for ramps/slope ways.

4.3. Stair-ways.

One of the stair-ways near the entrance/exit for the handicapped shall have the following provisions:

(a)      The minimum width shall be 1350 mm.

(b)      High of the riser shall pot be more than 150 mm and width of the tread 300 mm. The steps shall not have abrupt (square) nosing.

(c)      Maximum number of risers on a flight shall be limited to 12.

(d)      Hand' rails hail be provided on both sides and shall extend 300 mm on the top and bottom of each flight of steps.

4.4. Lifts.

Wherever lift is required as per bye-laws, provision of at least one lift shall be made for the wheel chair user with the following cage dimensions of life recorruriended for passenger lift of 13 persons capacity of Bureau of Indian Standards.

Clear internal depth 1100 mm

Clear internal width 2000 mm

Entrance door width 900 mm

(a)      A hand rail not less than 600 mm. long at 1000 mm above floor level shall be fixed adjacent to the control panel.

(b)      The lift lobby shall be of an inside measurement of 1800 mm x 1800 mm or more.

(c)      The time of an automatically closing door should be minimum 5 seconds and the closing speed should not exceed 0.25 Meter/Sec.

(d)      The interior of the cage shall be provided with a device that audibly indicates the floor the Cage has reached and indicates 'that the door of the cage for entrance/exit is either open or closed.

4.5 Toilets.

One special W.C., in a set of toilet shall be provided for the use of handicapped with essential provision of wash basin near the entrance for the handicapped.

(a)      The minimum size shall be 1500 mn x 1750 mm.

(b)      Minimum clear opening of the door shall be 900 mm. and the door shall swing out.

(c)      Suitable arrangement of vertical/horizontal handrails with 50' mm. clearance from wall shall be made in the toilet.

(d)      The W.C. seat shall be 500 mm. from the floor,

4.6. Drinking Water.

Suitable provision of drinking water shall be made for the handicapped near the special toilet provided for them.

4.7. Designing for Children.

In the buildings meant for the pre dominant use of tile children a it will be necessary to suitably alter the height of the handrail and others fittings & fixtures etc.

 

APPENDIX-K

RAIN WATER HARVESTING

(a)      All the layout open spaces/amenity spaces of new constructions/reconstructions/additions on plots having area not less than 300 sq.mt. shall have one or more Rain Water Harvesting structures having a minimum total capacity as detailed in Schedule.

Provided that the Authority may approve the Rain Water Harvesting Structures of specifications different from those in Schedule, subject to the minimum capacity of Rain Water Harvesting being ensured in each case.

(b)      The owner/society/lessee/occupier of every building mentioned in the (a) above shall ensure that the Rain Water Harvesting structure is maintained in good repair for storage of water for non potable purposes or recharge of groundwater at all times.

(c)      The Authority may impose a levy of not exceeding Rs. 1000/- per annum for every 100 sq.mt. 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 byelaws.

 

SCHEDULE

RAIN WATER HARVESTING

Rain Water Harvesting in a building site includes storage or recharging into ground of rain water falling on the terrace or on any paved or unpaved surface within the building site.

(1)     The following systems may be adopted for harvesting the rain water drawn from terrace and the paved surface.

(i)       Open well of a minimum of 1.00 mt. dia and 6 mt. in depth into which rain water may be channeled and allowed after filtration for removing silt and floating material. The well shall be provided with ventilating covers. The water from the open well may be used for non potable domestic purposes such as washing, flushing and for watering the garden etc.

(ii)      Rain water harvesting for recharge of ground water may be done through a bore well around which a pit of one metre width may be excavated upto a depth of at least 3.00 mt. and refilled with stone aggregate and sand. The filtered rain water may be channeled to the refilled pit for recharging the borewell.

(iii)     An impervious surface/underground storage tank of required capacity may be constructed in the setback or other open space and the rain water may be channeled to the storage tank. The storage tank shall always be provided with ventilating covers and shall have draw-off taps suitably placed so that the rain water may be drawn off for domestic, washing gardening and such other purposes. The storage tanks shall be provided with an overflow.

(iv)    The surplus rain water after storage may be recharged into ground through percolation pits or trenches or combination of pits and trenches. Depending on the geomorphological and topographical condition, the pits may be of the size of 1.20 mt. width X 1.20 mt. length X 2.00 mt. to 2.50 mt. depth. The trenches can be or 0.60 mt. width X 2.00 to 6.00 mt. length X 1.50 to 2.00 mt. depth. Terrace water shall be channeled to pits or trenches. Such pits or trenches shall be back filled with filter media comprising the following materials.

(a)      40 mm stone aggregate as bottom layer upto 50% of the depth;

(b)      20 mm stone aggregate as lower middle layer upto 20% of the depth";

(c)      Coarse sand as upper middle layer upto 20% of the depth;

(d)      A thin layer of fine sand as top layer;

(e)      Top 10% of the pits/trenches will be empty and a splash is to be provided in this portion in such a way that roof top water falls on the splash pad.

(f)       Brick masonry wall is to be constructed on the exposed surface of pits/trenches and the cement mortar plastered.

The depth of wall below ground shall be such that the wall prevents lose soil entering into pits/trenches. The projection of the wall above ground shall atleast be 15 cms.

(g)      Perforated concrete slabs shall be provided on the pits/trenches.

(v)      If the open space surrounding the building is not paved, the top layer upto a sufficient depth shall be removed and refilled with course sand to allow percolation of rain water into ground.

(2)     The terrace shall be connected to the open well/borewell/storage tank/recharge pit/trench by means of HDPE/PVC pipes through filter media. A valve system shall be provided to enable the first washings from roof or terrace catchment, as they would contain undesirable dirt. The mouths of all pipes and opening shall be covered with mosquito (insect) proof wire net. For the efficient discharge of rain water, there shall be at least two rain water pipes of 100 mm dia mtr. for a roof area of 100 sq.mt.

(3)     Rain water harvesting structures shall be sited as not to endanger the stability of building or earthwork. The structures shall be designed such that no dampness is caused in any part of the walls or foundation of the building or those of an adjacent building.

(4)     The water so collected/recharged shall as far as possible be used for non-drinking and non-cooking purpose.

Provided that when the rain water in exceptional circumstances will be utilized for drinking and/or cooking purpose, it shall be ensured that proper filter arrangement and the separate outlet for by passing the first rain-water has been provided.

Provided further that it will be ensured that for such use, proper disinfectants and the water purification arrangements have been made.

 

APPENDIX-L

REGULATIONS REGARDING INSTALLATION OF SOLAR ASSISTED WATER HEATING SYSTEM

(1)     "No new building in the following categories in which there is a system or installation for supplying hot water shall be built unless the system or the installation is also having an auxiliary solar assisted water heating system.

(a) Hotels, Lodges, and Guest Houses.

(b) Individual residential buildings having more than 150 sqm plinth area.

(c) Such other buildings as the M.C., MMRDA may decide.

 

Schedule

(1)    Definitions.

(2)    Installation of Solar Water Heating Systems.

(a)     New Buildings.

Clearance of plan for the construction of new buildings of the aforesaid categories shall only be given if they have a provision in the building design itself for an insulated pipeline from the rooftop in the building to various distribution points where hot water is required. The building must have a provision for continuous water supply to the solar water heating system. The building should also have open space on the roof top which receives direct sun light. The load bearing capacity of the roof should atleast be 50 kg. per sq.mt. All new buildings of above said categories must complete installation of solar water heating systems before obtaining necessary license to commence their business.

(b)    Existing Buildings.

Installation of Solar Assisted Water Heating Systems in the existing building shall be made mandatory at the time of change of use to above said category provided there is a system or installation for supplying hot water.

(c)     Capacity.

The capacity of solar water heating system to be installed on the building different categories shall be decided in consultation with the local bodies. The recommended minimum capacity shall not be less than 25 liters per day for each bathroom and kitchen subject to the condition that maximum of 50 % of the total roof area is provided with the system.

(d)    Specifications.

Installation of Solar Assisted Water Heating System shall conform to BIS (Bureau of Indian Standards) specification IS 12933. The solar connectors used in the system shall have the BIS certification mark.

(e)     Auxiliary System.

Wherever hot water requirement is continuous, auxiliary heating arrangement either with electric elements or oil of adequate capacity can be provided.