THE DEVELOPMENT CONTROL REGULATIONS FOR GREATER BOMBAY, 1991

PART I : ADMINISTRATION

Regulation - 1. Short title, extent and commencement.

(1)     Title.-These Regulations shall be called the Development Control Regulations for Greater Bombay, 1991 (hereinafter called "these Regulations").

(2)     Jurisdiction.-These Regulations apply to building activity and development work in areas under the entire jurisdiction of the Municipal Corporation of Greater Bombay (hereinafter called "the Corporation"). If there is a conflict between the requirements of these Regulations and those of any other rules or bye-laws, these Regulations shall prevail;

Provided, however, that in respect of areas included in a finally sanctioned Town Planning Scheme, the Scheme regulations shall prevail, if there is a conflict between the requirements of these Regulations and the Scheme Regulations.

(3)     Date of coming into force.-These regulations shall come into force on 25th March 1991 and shall replace the existing Development Control Rules for Greater Bombay framed under the Maharashtra Regional and Town Planning Act. 1966 (Mah. Act No. XXXVII of 1966).

Regulation - 2. Definitions of Terms and Expressions.

(1)     General - In these Regulations, unless the context otherwise requires the terms and expressions shall have the meanings indicated against each of them.

(2)     Meanings as in the Acts, Rules, etc.- Terms and expressions not defined in these Regulations shall have the same meanings as in the Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXVII of 1966) or the Bombay Municipal Corporation Act, 1888 (Bombay Act No.III of 1988) and rules or bye-laws framed thereunder, as the case may be, unless the context otherwise requires.

(3)     Definitions

(1)     "Accessory building" means a building separated from the main building on a plot and put to one or more accessary uses.

(2)     "Accessory use" means use of the building subordinate and customarily incidental to the principal use.

(3)     "Act" Means -

(i)       The Bombay Municipal Corporation Act, 1888 (Bombay Act No.III of 1888); or

(ii)      The Maharashtra Regional and Town Planning Act, 1966 (Maharashtra Act No.XXXVII of 1966), as stated in the text.

(4)     "Advertising sign" means any surface or structure with characters, letters or illustrations applied thereto and displayed in any manner whatsoever out of doors for the purpose of advertising or giving information regarding or to attract the public to any place, person, public performance, article or merchandise, and which surface or structure is attached to, forms part of, or is connected with any building, or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body included in the limits of Greater Bombay, i.e. City, suburbs or extended suburbs as defined in section 3 of the Bombay Municipal Corporation Act, 1888, and areas specified in Part II to IV of Schedule "A" to the Greater Bombay Laws and Bombay High Court (Declaration of Limits) Act, 1945.

(5)     "Air-conditioning" means the process of treating air to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of an enclosed space.

(6)     "Addition and/or alteration" means change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or a change to the structure, such as the construction or cutting into or removal of any wall or part of a wall, partition, column, beam, joist, floor including a mezzanine floor or other support, or a change, to or closing of any required means of ingress or egress, or a change to fixtures or equipment, as provided in these Regulations.

(7)     "Amenity" means roads, streets, open spaces, parks, recreational grounds, play grounds, gardens, water supply, electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences.

(8)     "Automatic sprinkler system" means an arrangement of pipes and sprinklers, automatically operated by heat and discharging water on fire, simultaneously setting an audible alarm.

(9)     "Balcony" means a horizontal projection, including a parapet, hand-rail balustrade, to serve as a passage or sitting out place.

(10)   "Basement or cellar" means the lower storey of a building below, or partly below the ground level.

(11)   "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, roof, 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 liquid form;

(vi)    ail types of buildings defined in (a) to (p) 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".

(a)      "Assembly building" means a building or part thereof where groups of people congregate or gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purposes. "Assembly buildings" include buildings of drama and cinema theatres, drive-in theatres, assembly halls, city halls, town halls, auditoria, exhibition halls, museums, "mangal karyalayas", skating rinks, gymnasia, stadia, restaurants, eating or boarding houses, places of worship, dance halls, clubs, gymkhanas, road, air sea or other public transportation stations, and recreation piers.

(b)      "Business building" means any building or part thereof used for transaction of business and/or keeping of accounts and records therefor; offices, banks, professional establishments, court houses being classified as business buildings if their principal function is transaction of business and/or keeping of books and records.

(c)      "Detached building" means a building with walls and roofs independent of any other building and with open spaces on all sides.

(d)      "Educational building" means a building exclusively used 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 whether situated in its campus or not

(e)      "Hazardous building" means a building or part thereof used for -

(i)       storage, handling, manufacture or processing of radioactive substances or of highly combustible or explosive materials or products which are liable to bum with extreme rapidity and/or producing poisonous fumes or explosive emanations;

(ii)      storage, handling, manufacture or processing of which involves highly corrosive, toxic or noxious alkalis, acids, or other liquids, gases or Chemical Producing flame, fumes and explosive mixtures or which result in division of matter into fine particles capable of spontaneous ignition.

(f)       "Industrial building" means a building or part thereof wherein products or material are fabricated, assembled or processed such as assembly plants, laboratories, power plants, refineries, gas plants, mills, diaries and factories.

(g)      "Institutional building" means a building constructed by Government, Semi-Government, organisations or registered Trusts and used for medical or other treatment, a hostel for working women or for an auditorium or complex for cultural and allied activities 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, destitutes 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.

(h)     "Mercantile Building" means a building or part thereof used as shops, stores or markets for display and sale of wholesale or retail goods or merchandise, including office, storage and service facilities incidental thereto located in the same building.

(i)       "Multi-storeyed building" or "High-rise building" means a building of a height of 24 meters or more above the average surrounding ground level.

(j)       "Office building" (premises), 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 purposes" includes the purpose of administration, clerical work, handling money, telephone, telegraph and computer operation; and "clerical work" includes writing, book-keeping, sorting papers, typing, filing, duplicating, punching cards or tapes, machine calculations, drawing of matter for publication and editorial preparation of matter for publication.

(k)      "Residential building" 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 buildings.

(l)       "Semi-detached building" means a building detached on three sides with open space as specified in these Regulations.

(m)    "Special building" means

(i)       a building solely used for the purpose of a drama or cinema theatre, a drive-in-theatre, an assembly hail 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 a 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.

(n)     "Storage building" means a building or part thereof used primarily for storage or shelter of goods, wares, merchandise, and includes a building used as a warehouse, cold storage, freight depot, transit shed, store house, public garage, hangar, truck terminal, grain elevator, barn and stable.

(o)      "Unsafe building" means a building which

(i)       is structurally unsafe,

(ii)      is insanitary,

(iii)     is not provided with adequate mean of egress,

(iv)    constitutes a fire hazard,

(v)      is dangerous to human life.

(vi)    in relation to its existing use, constitutes a hazard to safety or health or public welfare by reasons of inadequate maintenance, dilapidation or abandonment.

(p)      "Wholesale establishment" -means an establishment wholly or partly engaged in wholesale trade -and manufacturers' wholesale outlets, including related storage facilities, warehouses and establishments engaged in truck transport, including truck transport booking agencies.

(12)   "Building line" means the line upto which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend and includes the lines prescribed, if any, in any scheme and/or development plan.

(13)   "Built-up area" means the area covered by a building on all floors including cantilevered portion, if any, but excepting the areas excluded specifically under these Regulations.

(14)   "Cabin" means a non-residential enclosure constructed of non load bearing partitions.

(15)   "Carpet area" means the net usable floor area within a building excluding that covered by the walls or any other areas specifically exempted from floor space index computation in these Regulations.

(16)   "Chimney" means a construction by means of which a flue is formed for the purpose of carrying products of combustion to the open air and includes a chimney stack and the flue pipe.

(17)   "Chajja" means a structural overhang provided over openings on external walls for protection from the weather.

(18)   "Chowk" means a fully or partially enclosed space permanently open to the sky within a building at any level; an inner chowk being enclosed on all sides except as provided in clause (a) of Sub-regulation (9) of Regulation 29 and an outer chowk having one unenclosed side.

(19)   "Combustible material" means that material which when burnt adds heat to a fire when tested for combustibility in accordance with the IS:3808-1966 Method of Test for Combustibility of Building Materials, National Building Code.

(20)   "Convenience shopping" means shops, each with a carpet area Hot exceeding 20 sq.m. except where otherwise indicated and comprising those dealing with day to day requirements, as distinguished from wholesale trade or shopping. It includes

(i)       Foodgrain or ration shops, each with carpet area not exceeding 50 sq.m.

(ii)      Pan shops.

(iii)     Tobacconists.

(iv)    Shops for collecting and distribution of clothes and other materials for cleaning and dyeing establishments.

(v)      Tailor or darner shops.

(vi)    Groceries, confectioneries, wine and general provision shops, each with a carpet area not exceeding 50 sq.m.

(vii)   Hair dressing saloons and beauty parlours.

(viii)  Bicycle hire and repair shops.

(ix)    Vegetable and fruit shops.

(x)      Milk and milk products shops.

(xi)    Medical and dental practitioners dispensaries or clinics, pathological or diagnostic clinics and pharmacies, each with a carpet area not exceeding 50 sq.m.

(xii)   Florists.

(xiii)  Shops dealing in ladies ornaments such as bangles, etc.

(xiv)  Shops selling bakery products.

(xv)   Newspaper, magazine stalls and circulating libraries.

(xvi)  Wood, coal and fuel shops, each with a carpet area not exceeding 30 sq.m.

(xvii) Books and stationery shops or stores.

(xviii)   Cloth and garment shops.

(xix)  Plumbers, electricians, radio, television and video equipment repair shops and video libraries.

(xx)   Restaurants and eating houses each with a carpet area not exceeding 50 sq.m.

(xxi)  Shoes and sports' shops each with a carpet area not exceeding 75 sq.m.

With the approval of the Corporation, the Commissioner may from time to time add to, alter or amend the above list.

(21)   "Contiguous holding" means a contiguous piece of land in one ownership irrespective of separate property register cards.

(22)   "Corridor" means a common passage or circulation space including a common entrance hall.

(23)   "Courtyard" means a space permanently open to the sky within he site around a structure and paved/concreted.

(24)   "Dharmashala" means a building used as a place of religious assembly, a rest house, a place in which charity is exercised with religious or social motives, or a place wherein a certain section of people have a right of, or are granted, residence without payment or on nominal payment.

(25)   "Drain" means a system or a line of pipes, with their fittings and accessories, such as manholes, inspection chambers, traps, gullies, floor traps, used for drainage of buildings or yards appurtenant to the buildings within the same cartilage. A drain includes an open channel for conveying surface water or a system for the removal of any liquid.

(26)   "Enclosed staircase" means a staircase separated by fire resistant walls and doors from the rest of the building.

(27)   "Escape route" means any well ventilated corridor, staircase or other circulation space, or any combination of the same, by means of which a safe place in the open air at ground, level can be reached.

(28)   "Existing building" means a building or structure existing authorisedly before the commencement of these regulations.

(29)   "Existing use" means use of a building or a structure existing authorisedly before the commencement of these Regulations.

(30)   "Exit" means a passage channel or means of egress from any building, storey or floor area to a street or other open space of safety: horizontal, outside and vertical exits having meanings at (I), (II) and (III) respectively as under;

(i)       "Horizontal exit" means an exit which is a protected opening through or around a fire wall or a bridge connecting two or more buildings.

(ii)      "Outside exit" means an exit from a building to a public way, to an open area leading to a public way or to an enclosed fire resistant passage leading to a public way.

(iii)     "Vertical exit" means an exit used for ascending or descending between two or more levels, including stairways, smoke-proof towers, ramps, escalators and fire escapes.

(31)   "External wall" means an outer wall of a building not being a party wall even though adjoining a wall of another building and also means a wall abutting on an interior open space or any building.

(32)   "Fire and/or emergency alarm system" means an arrangement of call points or detectors, sounders and other equipment for the transmission and indication of alarm signals working automatically or manually in the case of fire or other emergency.

(33)   "Fire lift" means a special lift designed for the use of fire service personnel in the event of fire or other emergency.

(34)   "Fire proof door" means a door or shutter fitted to a wall opening, and constructed and erected with the requirement to check the transmission of heat and fire for a specified period.

(35)   "Fire pump" means a machine, driven by external power for transmitting energy to fluids by coupling the pump to a suitable engine or motor, which may have varying outputs/capacity but shall be capable of having a pressure of 3.2 kg/cm- at the topmost level of a multistoreyed or high rise building.

(36)   "Booster fire pump" means a mechanical/electrical device which boosts up the water pressure at the top level-of a multi storeyed/high rise building and which is capable of a pressure of 3.2 kg/cm at the nearest point.

(37)   "Fire resistance" means the time during which a fire resistant material i.e. material having a certain degree of fire resistance fulfils its function of contributing to the fire safety of a building when subjected to prescribed conditions of heat and load or restraint. The fire resistance test of structures shall be done in accordance with IS: 3809-1966 Fire Resistance Test of Structure.

(38)   "Fire separation" means the distance in meters measured from any other building on the site or from another site, or from the opposite side of a street or other public space to the building.

(39)   "Fire service inlet" means a connection provided at the base of a building for pumping up water through in-built firefighting arrangements by fire service pumps in accordance with the recommendations of the Chief Fire Officer.

(40)   "Fire tower" means an enclosed staircase which can only be approached from the various floorsih rough landings or lobbies separated from both the floor area and the staircase by fire-resisting doors and open to the outer air.

(41)   "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 the ground floor; the floor above it shall be termed as floor 1, with next higher floor being termed as floor 2, and so on upwards.

(42)   "Floor Space Index (FSI)" means the quotient of the ratio of the combined gross floor area of all floors, excepting areas specifically exempted under these Regulations, to the total area of the plot, viz. :-

Floor Space Index (FSI)) =Total covered area on all floors/Plot area

(43)   "Footing" means a foundation unit constructed, in brick work, stone masonry or concrete under the base of a wail or column for the purpose of distributing the load over a large area.

(44)   "Foundation" means that part of the structure which is in direct contact with and transmitting loads to the ground.

(45)   "Front" means the space between the boundary line of a plot abutting the means of access/road/street and the building line. Plots facing two or more means of accesses/ roads/streets shall be deemed to front on all such means of accesses/roads/streets.

(46)   "Gallery" means an intermediate floor or platform projecting from a wall of an auditorium or a hall, providing extra floor area, and/or additional seating accommodation. It also includes the structures provided for seating in stadia.

(47)   "Garage-Private" means a building or a portion thereof designed and used for the parking of vehicles.

(48)   "Garage-Public" means a building or portion thereof, designed other than as a private garage, operated for gain, designed and/or used for re pairing, servicing, hiring, selling or storing or parking motor-driven or other vehicles.

(49)   "Habitable room" means a room occupied or designed 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.

(50)   "Hazardous material" means

(i)       radio active substances;

(ii)      material which is highly combustible or explosive and/or which may produce poisonous fumes or explosive emanations, or storage, handling, processing or manufacturing of which may involve highly corrosive, toxic or noxious alkalis or acids or other liquids;

(iii)     other liquids or chemicals producing flame, fumes, explosive, poisonous, irritant or corrosive gases or which may produce explosive mixtures of dust or fine particles capable of spontaneous ignition.

(51)   "Height of a building" means the vertical distance measured, in the case of flat roofs, from the average level of the ground around and contiguous to the building to the highest point of the building and. in the case of pitched roofs, upto the point where the external surface of the outer wall intersects the finished surface of the sloping roof, and, in the case of gables facing the road, the mid point between the eaves level and the ridge.

(52)   "Height of a room" means the vertical distance measured from the finished floor surface to the finished ceiling/slab surface. The height of a room with a pitched roof means the average height between the finished floor surface and the bottom of the eaves and the bottom of the ridge.

(53)   "Home occupation" means customary home occupation other than the conduct of an eating or a drinking place offering services to the general public, customarily carried out by a member of the family residing on the premises without employing hired labour, and for which there is no display to indicate from the exterior of the building that it is being utilised in whole or in part for any purpose other than a residential or dwelling use, and in connection with which no article or service is sold or exhibited for sale except that which is produced therein, which shall be non-hazardous and not affecting the safety of the inhabitants of the building and the neighbourhood, and provided that no mechanical equipment is used except that as is customarily used for purely domestic or household purposes and/or employing licensable goods. If motive power is used, the total electricity load should not exceed 0.75 KW. "Home Occupation" may also include such similar occupations as may be specified by the Commissioner with the approval of Corporation and subject to such terms and conditions as may be prescribed.

(54)   "Ledge" or "Tand" means a shelf-like projection supported in any manner, except by vertical supports, within a room itself but without a projection of more than half a meter.

(55)   "Architect" means an architect who is an associate or corporate member of the Indian Institute of Architects or who holds a degree or diploma which makes him eligible for such membership for such qualifications listed in Schedule XIV of the Architects Act, 1972, and being duly registered with the Council of Architecture under that Act.

(56)   "Licensed Surveyor/Engineer/Structural Engineer/Supervisor" means a qualified surveyor, engineer, structural engineer or supervisor licensed by the Commissioner.

(57)   "Lift" means a mechanically guided car, platform or transport for persons and materials between two or more levels in a vertical or substantially vertical direction.

(58)   "Loft" means an intermediate floor between two floors or a residual space in a pitched roof above normal level constructed for storage.

(59)   "Masonry" means an assemblage of masonry units properly bound together by mortar.

(60)   "Masonry unit" means an unit whose net cross-sectional area In every plane parallel to the bearing surface is 75 per cent or more of its gross cross-sectional area measured in the same plane. It may be either clay, brick, stone, concrete block or sand-lime brick.

(61)   "Mezzanine floor" means an intermediate floor, not being a loft, between the floor and ceiling of any storey.

(62)   "Non-combustible" means not liable to burn or add heat to a fire when tested for combustibility in accordance with the IS:3808-1966 Method of Test for Combustibility of Building Materials.

(63)   "Occupancy" or "Use" means the principal occupancy or use for which a building or a part of it is used or intended to be used, including contingent subsidiary occupancies; mixed occupancy buildings being those in which more than one occupancy are present indifferent portions of the buildings.

(64)   "Open space" means an area forming an integral part of a site left open to the sky.

(65)   "Owner" means a person who receives rent for the use of the land or building or would be entitled to do so if it were let, and includes

(i)       an authorised agent or trustee who receives such rent on behalf of the owner;

(ii)      a receiver, executor or administrator, or a manager appointed by any court of competent jurisdiction to have the charge of or to exercise the rights of the owner;

(iii)     an agent or trustee who receives the rent of or is entrusted with or is concerned with any building devoted to religious pr charitable purposes; and

(iv)    a mortgagee in possession.

(66)   "Parapet" means a low wall or railing built along the edge of a roof or a floor.

(67)   "Parking space" means an enclosed or unenclosed covered or open area sufficient in size to park vehicles. Parking spaces shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles.

(68)   "Partition" means an interior non-load bearing divider one storey or part storey in height.

(69)   "Permanent open air space" means air space permanently open

(i)       if it is a street,

(ii)      if its freedom from encroachment is protected by any law or contract ensuring that the ground below it is either a street or is permanently and irrevocably appropriated as an open space.

In determining the open air space required for construction of a building, any space occupied by an existing structure may, if it is ultimately to become a permanently open air space, be treated as if it were already such a place.

(70)   "Permission" means a valid permission or authorisation in writing by the competent authority to carry out development or a work regulated by the Regulations.

(71)   "Plinth" means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground.

(72)   "Plinth area" means the built-up covered area measured at the floor level of the basement or of any storey.

(73)   "Plot" means a parcel or piece of land enclosed by definite boundaries.

(74)   "Porch" means a covered surface supported on pillars or otherwise for the purpose of a pedestrian or vehicular approach to a building.

(75)   "Retention activity" means an activity or use which is allowed to continue, notwithstanding its non-conforming nature in relation to the use permitted in the adjoining or surrounding area.

(76)   "Road/Street" means any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square, place or bridge, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme, and includes all bunds, channels, ditches, storm-water drains, culverts, sidewalks, traffic islands, road-side trees and hedges, retaining wafts, fences, barriers and railings within the street lines.

(77)   "Road/Street-level or grade" means the officially established elevation or grade of the centre line of the street upon which a plot fronts, and if there is no officially established grade the existing grade of the street at its mid-point.

(78)   "Road/Street line" means the line defining the side limits of a road/street.

(79)   "Road width" or "Width of road/street" means the whole extent of space within the boundaries of a road when applied to a new road/street as laid down in the city surveyor development plan or prescribed road lines by any act or law and measured at right angles to the course or intended course of direction of such road.

(80)   "Row housing" means a row of houses with only front, rear and interior open spaces.

(81)   "Semi-detached building" means a building detached on three sides with open spaces as specified in these Regulations.

(82)   "Service road" means a road/lane provided at the front rear or side of a plot for service purposes.

(83)   "Site" means a parcel or piece of land enclosed by definite boundaries.

(84)   "Site, Comer" means a site at the junction of and fronting on two or more roads or streets.

(85)   "Site, Depth of means the mean horizontal distance between the front and rear site boundaries.

(86)   "Site with double frontage" means a site having a frontage on two streets other than a corner plot.

(87)   "Site, Interior or Tandem" means a site access to which is by a passage from a street whether such passage forms part of the site or not.

(88)   "Smoke-stop door" means a door-for preventing or checking the spread of smoke from one area to another.

(89)   "Stair-cover" means a structure with a covering roof over a staircase and its landing built to enclose only the stairs for the purpose of providing protection from the whether, and not used for human habitation.

(90)   "Storey" means the portion of a building 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.

(91)   "Tenement" means an independent dwelling unit with a kitchen or a cooking alcove.

(92)   "Theatre" means a place of public entertainment for the purpose of exhibition of motion pictures and/or dramas and other social or cultural programmes.

(93)   "Tower-like structure" means a structure in which the height of the tower-like portion is at least twice that of the broader base.

(94)   "Travel distance" means the distance from the remotest point on a. floor of a building to a place of safety be it a vertical exit or an horizontal exit or an outside exit measured along the line of travel.

(95)   "Volume to plot Ratio (V.P.R.)" means the ratio expressed in meters of the volume of a building measured in cubic meters to the' area of the plot measured in square meters.

(96)   "Water Closet (W.C.)" means a privy with an arrangement for flushing the pan with water, but does not include a bathroom.

(97)   "Water course" means a natural channel or an artificial channel formed by training or diversion of a natural channel meant for carrying storm and waste water.

(98)   "Water course, Major" means a water course which carries storm water discharging from a contributing area of not less than 160 hectares, the decision of the Commissioner on the-extent of the contributing area being final. A minor water course is one which is not a major one.

(99)   "Window" means an opening, other than a door, to the outside of a building, which provides all or part of the required natural light, ventilation or both to an Interior space.

[1][(100) "Information Technology Establishment" means an establishment which is in the business of development of IT software, IT Hardware, IT Service and IT, enabled services as defined below:

[2][(101) Fitness Centre in a building means and includes the built-up premises including toilet provided in the building including gymnasium for the benefit of its inmates and for the purpose of fitness, physical exercises, yoga and such other activities as may be permitted by the Corporation from time to time.]

[3](102) The Biotechnology Unit shall mean and include Biotechnology units which are certified by the Development Commissioner (Industries) or any other officer authorized by him in this behalf.

Regulation - 3. Applicability.

(1)     Development and construction.- Except as hereinafter otherwise provided, these Regulations shall apply to all development, redevelopment, erection and/or re-erection of a building, change of user, etc., as well as to the design, construction or reconstruction of, and additions and alterations to a building.

(2)     Part construction.-Where the whole or part of a building is demolished or altered or reconstructed/removed, except where otherwise specifically stipulated, these Regulations apply only to the extent of the work involved.

(3)     Change of occupancy.- Where the occupancy of a building is changed, except where otherwise specifically stipulated, these Regulations apply to all parts of the building affected by the change.

(4)     Reconstruction.- The reconstruction in whole or part of a building which has ceased to exist due to an accidental fire, natural collapse or demolition, having been declared unsafe, or which is likely to be demolished by or under an order of the Corporation or the Bombay Housing and Area Development Board and for which the necessary certificate has been given by either the said Corporation or the Board, shall be allowed subject to the Regulations in Appendix II.

(5)     Exclusions.-Nothing in these Regulations shall require the removal, alteration or abandonment or prevent the continuance of the lawfully established use or occupancy of an existing building or its use unless, in the opinion of the Commissioner, such a building is unsafe or constitutes a hazard to the safety of adjacent property.

Regulation - 4. Development Permission and Commencement Certificate.

(1)     Necessity of obtaining permission.-No person shall erect or re-erect a building or alter any building or carry out any development or redevelopment, on any plot or land or cause the same to be done without first obtaining separate development permission and a commencement certificate from the Commissioner.

(2)     Items of operational construction by some authorities excluded. -Construction for operational purposes including maintenance of operational structures, by the following organizations authorities or departments, whether temporary or permanent, may be exempted by the special permission of the Commissioner in each case from the purview of these Regulations, except those relating to floor space index and fire precautions :-

(i)       Railways;

(ii)      National Highways;

(iii)     National Waterways;

(iv)    Major Ports;

(v)      Aerodromes and Airports;

(vi)    Posts and Telegraphs. Telephones, Television, Wireless, Broadcasting authorities and the authorities of other similar forms of communication;

(vii)   Regional grids, towers, gantries, switchyards, contact rooms for distribution, etc. of electricity;

(viii)  Defence Authorities;

(ix)        Any other essential public service as may be notified by the State Government.

All such constructions shall, however, conform to the prescribed requirements for the provision of essential services, water supply connections, drains, etc. to the satisfaction of the Commissioner.

(3)     Operational constructions excluded- The following constructions for operational purposes of the organisations, authorities or departments listed above are exempted from the purview of these Regulations except those relating to floor space index and fire precautions :-

(i)       Repairs and renovation of existing installations or building used for operational purposes only which do not involve addition to or increase of built-up area.

(ii)      In the case of the Railways -

(a)      repairs and renovation of existing railway tracks, including culverts, over-bridges, under-passes or bridges, tunnels and side drains;

(b)      platforms, goods sheds and offices, parcel offices, substations, foot-overbridges, turntables, lifting towers, gantries, signal and signal boxes or control cabins in hump yards;

(c)      running (loco) sheds, carriage and wagon depots, carriage washing places, overhead or ground level water tanks, pipelines and pumping stations, running rooms, train examiners offices, yard depots, permanent way inspectors and signal inspectors' stores in railway yards and all overhead electric equipment for traction,

(iii)     Store sheds, when ancillary to operational requirement only:

Provided that, for the construction of new railway lines or tracks the approval of the State Government shall be necessary. For construction of new buildings, goods stores, sheds or platforms, parcel offices and workshops-or for purposes of major remodelling the approval of the Commissioner shall be necessary, Further provided that, the following constructions by the organisations, authorities or departments listed in sub-regulation (2) herein shall not be deemed to be operational for the purpose of exemption under the said Regulations, namely:

(i)       Residential buildings, commercial buildings, office buildings and industrial buildings (other than gate lodges, essential operational staff Quarters and the like), roads and drains, hospitals, clubs, institutes and schools in residential, commercial or industrial areas of the colonies of such organisations, authorities or departments.

(ii)      Construction, installation or any extension of any building in the case of any services other than those mentioned in this Regulation.

(4)     Validity of development permission.-If a 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.

(5)     Applicability to partially completed works.-For partially completed works, started with due permission before these Regulations have come into force, the Commissioner may not for reasons to be recorded in writing, necessarily insist on compliance with the provisions of these Regulations for extending the period of the development permission, which shall not exceed that specified in section 48 of the Maharashtra Regional and Town Planning Act, 1966.

Regulation - 5. Procedure for obtaining Development Permission-and Commencement Certificate.

(1)     Notice of intention.-Every person who intends to carry out development or redevelopment, erect or re-erect a building or alter any building or part of a building shall give a notice in writing to the Commissioner of his said intention in the form in Appendix X and such notices shall be accompanied by plans and statements with sufficient number of copies, as required by sub-regulation (2) and (3) hereunder. The plans may be ordinary prints. One set of such plans shall be retained in the office of the Commissioner for record after the issue of permission or refusal.

(2)     Copies of plans and statements.-

(i)       Notice.-The notice referred to in sub-regulation (2) of Regulation 6 shall be accompanied by as many copies of plans as the Commissioner may prescribe after taking into consideration the clearances required from other agencies.

(ii)      Size.-The size of drawing sheets shall be any of those specified in Table 1 hereunder.

 

TABLE 1

Drawing Sheet Sizes

(iii)     Colouring notations for plans.-The plans shall be coloured as specified in Table 2 hereunder. The prints of the plans shall be on one side of the paper only.

 

TABLE 2

Colouring of Plans

 _________

 _________

 No colour

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

(3)     Information accompanying notice.

(i)       Key plan, site plan, etc. to accompany notice.-The notice shall be accompanied by the key plan (location plan), a site plan, sub-division lay-out plan, building plan, specifications and certificate of supervision, ownership, title, etc. as prescribed in clauses (ii) to (xiii) below.

(ii)      Ownership title and area.-Every application for development permission and commencement certificate shall be accompanied by the following documents for verifying the ownership and area etc. of the land:

(a)      attested copy or original sale/lease deed/power of attorney enabling ownership document wherever applicable;

(b)      property register card of a date not earlier than twelve months of the date of submission of the development proposal;

(c)      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 Commissioner;

(d)      any other document prescribed by the Commissioner;

In the 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.

(iii)     Key plan or location plan.-A key plan drawn to a scale of not less than 1 :10000 shall be submitted along with the application in Appendix X for development permission and commencement certificate showing the boundary locations of the site with respect to neighbourhood land-marks.

(iv)    Site plan.-The site plan sent with an application for permission drawn to a scale or 1:500 shall be duly authenticated by the appropriate officer of the Department of Land Records showing in addition to the details in Form II of Appendix X the following :

(a)      the boundaries of the site and of any contiguous land belonging to the owner of the site;

(b)      the position of the site in relation to neighbouring streets;

(c)      the names of the streets on which the building is proposed to be situated, if any;

(d)      all existing buildings contained in the site with their names (where the buildings are given names) and their numbers;

(e)      the position of the building and of other buildings, if any, which the applicant intends to erect upon his contiguous land referred to in (a) above in relation to

(i)       the boundaries of the site and, in a case where the site has been partitioned. the boundaries of the portions owned by others;

(ii)      all adjacent streets, buildings (with number of storeys and height) and premises within a distance of 12 m. of the work site and of the contiguous land (if any) referred to in (a); and

(iii)     if there is no street within a distance of 12 m. of the site, the nearest existing street with its name;

(f)       the means of access from the street to the building, and to all other buildings (if any) which the applicant intends to erect upon his contiguous land referred to in (a) above;

(g)      the space to be left around the building to secure free circulation of air, admission of light and access for scavenging purposes;

(h)     the width of the street (if any) in front and of the street (if any) at the side or near the building;

(i)       the direction of the north line relative to the plan of the building;

(j)       any existing physical features, such as wells, tanks, drains or trees;

(k)      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 by the Regulations governing the coverage of the area;

(l)       overhead electric supply lines including space for electrical transforming sub-station according to the requirements of the electric distribution licences, water supply and drainage line;

(m)    such other particulars as may be prescribed by the Commissioner.

(v)      Sub-division/Lay-out plan-Where development is proposed in a sub-division or involves a layout plan, the notice shall be accompanied by a key-plan showing the location of the plot in the ward at a scale of not less than 1:4000, and a sub-division layout plan to a scale of not less than 1 : 500, which shall be duly authenticated by the appropriate- officer of District Inspector of Land Records/Superintendent of Land Records containing the following:

(a)      scale used and the north line;

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

(c)      dimensions of the plot along with the building lines showing the set-backs with dimensions within each plot;

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

(e)      a table indicating the size, area and use of all the plots in the sub-division /lay-out plan;

(f)       a statement indicating the total area of the site area utilised under roads, open spaces for parks, playgrounds, recreation spaces and development plan designations, reservations and allocations, schools, shopping, and other public places along with their percentage with reference to the total area of the site;

(g)      in the case of plots which are sub-divided, in built-up areas, in addition to the above the means of access to the sub-division from existing streets, and in addition, in the case of plots which are subdivided in built-up areas, the means of access to each sub-plot from existing streets.

(vi)    Building plan.-The plans of the building with-elevations and sections accompanying the notice shall be drawn to a scale of 1:100 and shall -

(a)      include floor plans of all floors together with the covered area clearly indicating the size of the rooms the position and width of staircases ramps and other exitways, liftwells, lift machine rooms and lift pit details, meter room and electric sub-station. It shall also include the ground floor plan as well as the basement plan and shall indicate the details of parking spaces, loading and unloading spaces, if required to be provided around and within the building, as also the access ways and appurtenant open spaces with projections in dotted lines, the distance from any building existing on the plot in figured dimensions along with the accessory building. These plans will also contain the details listed in Form I of Appendix X.

(b)      show the use or occupancy of all parts of the buildings;

(c)      show the exact location of essential services, e.g. water closet (WC), sink, bath;

(d)      include sectional drawings showing clearly the sizes of the footings thickness of basement wall, wall construction size and spacing of framing members, floor slabs and roof slabs with their materials. The section shall indicate the heights of the building and rooms and also the height of the parapet and the drainage and the slope of the roof. At least one section should be taken through the staircase. The structural plan giving details of all structural elements and materials used along with structural calculations can be submitted separately but in any circumstances before the issue of the development permission/commencement certificate;

(e)      show relative levels of streets;

(f)       indicate details of basket privy/served privy, if any;

(g)      give dimensions of the portions projecting beyond the permissible building line;

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

(i)       indicate the north line relative to the plans;

(j)       give a schedule of doors, windows and ventilators;

(k)      provide such other particulars as may be prescribed by the Commissioner:

Provided that with the building plans for multi-storeyed/high rise or special buildings, the following additional information shall be furnished or indicated on the building plans:

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

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

(c)      location and details of lift enclosures;

(d)      location and size of fire lift;

(e)      smoke stop lobby door, where provided;

(f)       refuse chutes, refuses chamber, service duct, etc.;

(g)      vehicular, loading and unloading parking spaces;

(h)     refuse area, if any;

(i)       details of air-conditioning system with position of fire dampers, mechanical ventilation system, electrical services (with dimensions of electrical transforming sub-stations, etc.), boilers, gas pipes, meter rooms, etc.;

(j)       details of exits, including ramps, etc. for hospitals and special risks;

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

(l)       smoke exhaust system, if any;

(m)    details of fire alarm system;

(n)     location of centralised control, connecting all fire alarms, built-in fire protection arrangements and public address system, etc.;

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

(p)      location and details of fixed fire protection installation such as sprinklers, wet hose reels, drenchers, carbon-dioxide (C02) installations, etc.; and

(q)      location and details of first aid and fire fighting equipment/installations.

(vii)   Service plan.-Plan and sectional elevations of private water supply, sewage disposal system and details of building services, where required by the Commissioner, shall be made available on a scale of not less than 1 : 100 before undertaking such work.

(viii)  Specifications.-General specifications of the proposed construction, giving the type and grade of materials to be used in the form in Appendix X, signed by a licensed surveyor/ engineer/structural engineer supervisor, or architect as the case may be, shall accompany the notice.

(ix)    Supervision Certificate. -The notice shall be further accompanied by a certificate of supervision in the form in Appendix XI by the licensed surveyor/engineer/structural engineer/ supervisor or architect as the case may be. If the said licensed technical person or architect ceases to be employed for the development work, further development shall be suspended till a new licensed technical person or architect is appointed and his certificate of supervision along with a certificate of super vision along with a certificate for the previous work erected, if any, is accepted by the Commissioner.

(x)      Development permission fee receipt- The notice shall be accompanied by an attested copy of the receipt of payment of the development permission application fee.

(xi)    Security deposit-To ensure compliance with these Regulations and the directions given in the sanctioned plan and other conditions, a security deposit which may be in the form of an irrevocable bank guarantee, shall be charged at rates specified by the Commissioner. It shall be returned to the owner one year after the issue of the full occupancy certificate after the Commissioner is satisfied with the compliance with various conditions stipulated in the said full occupancy certificate.

(xii)   Clearance certificate for lax arrears. -The notice shall also be accompanied by an attested copy of a clearance certificate from the Assessment Department of the Corporation for payment of tax up-to-date.

(xiii)  No objection certificate.-For occupancies requiring clearance from authorities like the Civil Aviation Department, Directorate of Industries, Maharashtra Pollution Control Board, Inspectorate of Boilers and Smoke Nuisances, electrical distribution licensers regarding requirements of electrical transforming stations, the no objection certificate from these authorities, applicable to the occupancy, shall also accompany the application.

(xiv)  Other facilities to be provided during construction.-The notice shall also be accompanied by an undertaking from the owner/developer/ contractor to the effect that during the period of construction, facilities will be made available for day-care centre, creche, adult-literacy and non-formal education programmes for the construction workers, directly by him or through a voluntary agency.

(4)     Signing of plans by owners and licensed personnel/architect.-

(i)       Signing of plans.-All the plans shall be signed by the owner and the licensed surveyor/ engineer/structural engineer/supervisor, or architect, as the case may be, and shall indicate their names in block capital letters, addresses and licence numbers when so licensed, allotted by the Commissioner.

(ii)      Qualification and competence of the Licensed Surveyor/Engineer/ Structural Engineer/ Supervisor.-The Commissioner shall licence surveyors, engineers, structural engineers and supervisors with the qualifications listed in Appendix XII to perform the tasks mentioned in that Appendix.

(5)     Processing of the development permission application.-

(i)       Grant of permission or refusal. -The Commissioner may either sanction or refuse to sanction the plans and specifications or may sanction them with such modifications or directions as he may deem necessary, and thereupon, he shall communicate his decision to the person giving the notice accordingly in the form in Appendix 'XIII or XIV.

(ii)      Fire brigade scrutiny.-The plans for all multi-storeyed, high rise and special buildings shall also be subject to the scrutiny of the Chief Fire -Officer, and development permission shall be given by the Commissioner only after the clearance by the Chief Fire Officer.

(iii)     Deemed permission.-If within sixty days of the receipt of the notice under sub-regulation (i) of Regulation 5, the Commissioner fails to intimate in writing to the person who has given the notice his refusal or sanction, or sanction with modifications or directions, the notice with its plans and statements shall be deemed to have been sanctioned, provided that this shall not be construed to authorise any person to do anything on the site of the work in contravention of or against the terms of lease or titles of the land, development plan, these Regulations or any law in force.

(iv)    Revised plans.-Once the plans have been scrutinised and objections have been pointed out, the owner giving notice shall modify the plans to comply with the objections raised and resubmit them. The plans submitted for final approval shall not contain superimposed corrections. The Commissioner shall scrutinise the revised plans and shall grant or refuse commencement certificate/development permission within sixty days from the date of resubmission.

(6)     Commencement of work.- A 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 - 6. Procedure during construction.

(1)     Construction to be in conformity with Regulations-Owner's liability- Neither the grant of permission nor approval of the drawings and specifications, nor inspections by the Commissioner during erection of the building, shall in any way relieve the owner of such building from full responsibility for carrying out the work in accordance with these Regulations.

(2)     Notice for start of work.-The owner shall give notice to the Commissioner of his intention to start work on the building site in the form given in Appendix XV. The owner may start the work after 7 days have elapsed from the date of the service such notice to the Commissioner or earlier, if so permitted.

(3)     Documents at site.

(i)       Results of tests.-Where tests of any material 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 period thereafter as required by the Commissioner.

(ii)      Development permission.-The person to whom a development permission is issued shall, during construction, keep

(a)      posted in a conspicuous place, on the site for which permission has been issued, a copy of the development permission; and

(b)      a copy of the approved drawings and specifications referred to in Regulation 5 on the site for which the permit was issued.

(4)     Checking of plinth columns upto plinth level-The owner through his licensed surveyor, engineer, structural engineer or supervisor or his architect shall give notice in the form of Appendix XVI to the Commissioner on completion of work upto plinth level to enable the Commissioner to ensure that the work conforms to the sanctioned plans. The Commissioner may inspect the work jointly with the licensed technical personal or architect within fifteen days from the receipt of such notice and either give or refuse permission for further construction as per the sanctioned plans in the form in Appendix XVII. If within this period, the permission is not refused, it shall be deemed to have been given provided the work is carried out according to the sanctioned plans.

(5)     Deviation during construction.-If during the construction of a building, any departure of a substantial nature from the sanctioned plans is intended by way of internal or external additions, sanction of the Commissioner shall be necessary. A revised plan showing the deviations shall be submitted and the procedure laid down for the original plans heretofore shall apply to all such amended plans. Any work done in contravention of the sanctioned plans, without prior approval of the Commissioner, shall be deemed as unauthorised.

(6)     Completion certificate.-The owner, through his licensed plumber, shall furnish a drainage completion certificate to the Commissioner in the form in Appendix XIX. The owner through his licensed surveyor/engineer/structural engineer/supervisor or his architect who has supervised the construction, shall furnish a building completion certificate to the Commissioner in the form in Appendix XX. These certificates shall be accompanied by three sets of plans of the completed development. The Commissioner shall inspect the work and after satisfying himself that there is no deviation from the approved plans, issue a certificate of acceptance of the completion of the work in the form in Appendix XXI.

(7)     Occupancy Certificate.-On receipt of the acceptance of completion certificate in the form in Appendix XXI, the owner, through his licensed surveyor/engineer/structural engineer/ supervisor or his architect, shall submit to the Commissioner a development completion certificate in the form in Appendix XVIII with three copies of the completion plan, one of which shall be cloth mounted for record. The Commissioner may inspect the work and after satisfying himself that there is no deviation from the sanctioned plans, issue an occupancy certificate in the form in Appendix XXII or refuse to sanction the occupancy certificate within 21 days from the date of receipt of the said completion certificate, failing which the work shall be deemed to have been approved for occupation, provided the construction conforms to the sanctioned plans. One set of plans, certified by the Commissioner as the completed plans, shall be returned to the owner along with the occupancy certificate. Where the occupancy certificate is refused or rejected, the reasons for refusal or rejection shall be given in intimation of the rejection or refusal.

(8)     Part occupancy Certificate.-When requested by the holder of the development permission the Commissioner may issue a part occupancy certificate for a building or part thereof, before completion of the entire work as per the development permission provided sufficient precautionary measures are taken by the holder to ensure public safety and health. The occupancy certificate shall be 'Subject to the owner's indemnifying the Commissioner in the form in Appendix XXIII.

Regulation - 7. Amendment/modification to Appendices.

Except where the same are prescribed in Bombay Municipal Corporation Act, 1888 or Maharashtra Regional and Town Planning Act, 1966 or the rules or bye-laws framed thereunder, the Commissioner may. from time to time add to, alter or amend Appendices X to XXIII.

Regulation - 8. Inspection.

(1)     Inspection at various stages.-The Commissioner may at any time during erection of a building or the execution of any work or development make an inspection thereof without giving previous notice of his intention so to do.

(2)     Inspection by Fire Departments.- For all multi-storeyed, high-rise and special buildings, the work shall also be subject to inspection by the Chief Fire Officer, and the Commissioner shall issue the occupancy certificate only after clearance by the said Chief Fire Officer.

(3)     Unsafe buildings.-All unsafe buildings shall be considered to constitute a danger to public safety, hygiene and sanitation and shall be restored by repairs or demolished or dealt with as otherwise directed by the Commissioner.

(4)     Unauthorised developments case of unauthorized development, the Commissioner shall-

(a)      take suitable action which may include demolition of unauthorised works as provided in section 53 of the Maharashtra Regional and Town Planning act, 1966 and the relevant provisions of the Bombay Municipal Corporation Act, 1888.

(b)      take suitable action against the licensed technical person or the architect concerned

 

APPENDIX I

[Regulation 33(5)]

Regulations for Low Cost Housing Schemes of the Maharashtra Housing and Area Development Authority for Economically Weaker Section (EWS) and Low Income Groups (LIG)

1. Density

(a)      Density shall be upto 450 tenements per net hectare having at least 60 per cent tenements for EWS/LIG housing.

(b)      Extra density of 20 per cent over and above the normally permissible density will apply for such housing schemes, with 60 per cent tenements under the EWS and LIG categories.

2. Minimum Plot Size

(a)      In the case of a growing house on a plot of 25 sq.m., a room of minimum size of 5.57 sq.m. (60 sq.ft.) with toilet arrangements in the first phase shall be permitted. In the second phase, one room of 9.30 sq.m. (100 sq.ft.) may be allowed to be added. However, commencement and occupation certificates shall be granted initially to the first phase only and subsequent certificate for second phase issued as required.

(b)      Multi-purpose rooms.-A multi-purpose room shall be allowed with size upto 12.5 sq.m. with a minimum width of 2.4 m.

(c)      Cooking space (alcove).-Provision for separate kitchen shall not be necessary. However, cooking space shall be allowed with a minimum size of 2.4 sq.m. with minimum width of 1.2 m.

(d)      Combined Toilet.-A combined toilet shall be permitted for more than one tenement with a minimum area of 1.85 sq.m. with minimum width of one meter.

(e)      Height.-The average height for a habitable room with sloping roof shall be minimum 2.6 m. with minimum height of 2 m. at the eaves. In the case of a flat roof, minimum clear height shall be 2.6 m. for a habitable room. Kitchen areas shall have minimum clear height/average height of 2.4 m. and bath and water closet (without loft) shall have a clear minimum height of 2.2 m.

(f)       Plinth.-The minimum plinth height shall be 30 cm. and in areas subject to flooding the plinth shall be higher than the high flood level.

3. External walls

115 mm. thick external brick wall without plaster shall be permitted.

4. Staircases

Single flight staircases without landing between the two floors shall be permitted.

5. Front open space

The front open space from roads having width of 9.14 m. and below shall be of a minimum of 1.5 m. for buildings with height of upto 10 m.

6. Open space (side and rear)

The distance between two ground floor structures shall be of a minimum of 4.5 m. for purposes of light and ventilation of habitable rooms. In case of toilets deriving light and ventilation from an open space, the distance between the two ground floor structures shall be a minimum of 1.5 m.

7. Pathways

The widths of pathways shall be as follows :-

(i)       1.5 m. width for pathways upto 20 m. in length;

(ii)      2.0 m. width for pathways upto 30 m. in length;

(iii)     2.5 m. width for pathways up to 40 m. in length;

(iv)    3.0 m. width for pathways up to 50 m. in length.

8. Flushing cistern

In water closets, flushing cistern shall not be essential and toilets without this provision may be permitted.

9. Water closet pan size

The water closet seat shall be of a minimum of 0.46 m. (18 inches) in length.

10. Septic tank and leaching pits (soak pits)

A septic tank shall be provided with capacity of 141.6 liters (five cubic feet) per capita. Where the municipal services are likely to be available within four to five years or so, pour flush water seal latrines (NEERI type) shall be permitted where the municipal sewerage system is not available and the water table in the area is not high.

11. Convenience shopping

Convenience Shopping as defined in these Regulations shall be permitted along layout roads with width of 12.2 m. to 18.49 m. provided that a minimum set-back of 1.5 m. and a minimum plot area of 25.2 m. is available and is provided.

12. Recreation Ground

In the layouts, provision for recreation ground shall be on the lines prescribed in these Regulations.

13. Ancillary structures

Ancillary structures such as underground tank, overhead tank, substations etc. shall be permissible in the compulsory recreation open space subject to the condition that not more than 10 cent of such space shall be utilised for such purposes.

 

APPENDIX II

[Regulation 33(6)]

Regulations for reconstruction of buildings, destroyed by fire, collapsed, demolished buildings etc.

(1)     The F.S.I. area of the new building shall be as given in sub regulation (6) of Regulation 33.

(2)     Reconstruction of the new building on the plot should conform to the provisions of the development plan and these Regulations. Reconstruction on the said plot not so affected by the development plan is permissible.

(3)     The new building may be permitted to be reconstructed in pursuance of an agreement to be executed on stamp paper by at least 70 per cent of the landlord/occupants (if any) in the original building, within the meaning of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, and such agreement shall make a provision for accommodation for the said landlords/all occupants in the new building on agreed terms and a copy of such agreement shall be deposited with the Corporation before commencement or undertaking reconstruction of the new building.

(4)     The carpet area of part or parts of the new building intended to be used as office premises shall not exceed the carpet area of part or parts of the original building so used as office premises, or for commercial use.

(5)     The new building shall be reconstructed in accordance with these Regulations and all other Regulations and orders as applicable from time to time. The Commissioner may exercise his powers under Regulation 64 for condonation of minor variations in respect of such reconstruction.

(6)     The maximum area of a residential tenement in the reconstructed building shall not exceed 70 sq.m. or such larger area as may be decided by the State Government in deserving cases.

(7)     The landlord/occupants of the original buildings shall furnish a duly stamped undertaking that he/they shall allot to all the occupants in the original building accommodation in the new building in accordance with Regulation 3 in this Appendix.

(8)     No construction or reconstruction shall be permitted on set-back areas or areas required for road-widening and such areas shall be handed over to the Corporation.

(9)     Reconstruction of collapsed/gutted/demolished portions of buildings (provided such collapsed/gutted/demolished portion is not more than 25 per cent of the whole building, excluding sanitary portions and common facilities, passages and usages such as lift portion and lift wells, staircases, etc.) will be permitted subject to these Regulations with the use of conventional materials only except for repairs to the aforesaid sanitary portions and common facilities which will be permitted in R.C.C. with existing FSI, irrespective of permissible FSI.

 

APPENDIX III

[Regulation 33(7)]

Regulation for reconstruction of redevelopment of cessed buildings in the Island City by the landlord and/or co-operative housing societies [D. C Regulation No. 33(7)]

(1)     (a) The new building may be permitted to be constructed in pursuance of an irrevocable written consent by not less than 70 percent of the occupiers of the old building.

(b) All the occupants of the old building shall be reaccomodated in the redeveloper building.

(2)     [4][Each occupant shall be rehabilitated and given the carpet area occupied by him for residential purpose in the old building subject to minimum fixed carpet area of 27.88 sq.mt. (300 sq.ft) and provided in the MHADAAct, 1976. In case of non-residential occupier the area to be given in the reconstructed building will be equivalent to the area occupied in the old building:

Provided that if carpet area for residential purpose exceeds 70.00 sq.mt. (753 sq.ft.) the cost of construction shall be paid by tenant/occupant to the developer. The cost of construction shall be as per Ready Reckoner rate of that year. However, the carpet area exceeding 70.00 sq.mt. (753 sq.ft,) shall be considered for rehab FSI but shall not be considered for incentive FSI.

(3)     The list of occupants and area occupied by each of them in the old cessed building shall be certificate by the Mumbai Repairs and Reconstruction Board and the irrevocable written consent as specified in 1(a) above shall be certified by the Board.

(4)     [5][The tenements in the reconstructed building shall be allotted by the landlord/occupants cooperative housing society to the occupiers as per the list certified by the Mumbai Repairs and Reconstruction Boards.

The prescribed percentage of the surplus built-up area as provided in the Table in the Third Schedule of the MHADAAct, 1976, shall be made available to the MR & RB for accommodating the occupants in transit camps or cassed buildings which cannot be constructed on payment of an amount as may be prescribed under MHADAAct, 1976:

Provided that the area equivalent to the market value (The Market Value shall be as per the Ready-Reckoner rate of that year) of area admissible as per the prescribed percentage of built-up area can be made available within the same Municipal ward of MCGM.

(5)     [6][The FSI for rehabilitation of existing tenants/occupiers in a reconstructed building and incentive FSI that will be available shall be as under :-

(a)      In case of redevelopment of 'A' Category cessed building undertaken by landlord and/or Cooperative Housing Societies of landlord and/or occupires, the total FSI shall be 3.00 of the gross plot area or the FSI required for rehabilitation of existing occupirers plus 50% incentive FSI, whichever is more;

(b)      In case of composite redevelopment undertaken by the different landlords and/or Co-op., Housing Societies of landlords and/or occupiers jointly of 2 or more plots but not more than 5 plots with 'A', 'B' and 'C' category cessed buildings the FSI permissible will be 3.oo or FSI required for rehabilitation to existing occupiers plus 60% incentive FSI, whichever is more;

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

(c)      In case of composite redevelopment of 'A', 'B' and 'C' category cessed buildings declared as dangerous by the Board before Monsoon of 1997, FSI available for redevelopment undertaken by the landlord and/or co-operative Societies of landlord and/or occupiers will be as available for IA category cessed buildings vide sub-clause (a) above.

(d)      In case of composite redevelopment undertaken by the different landlords and/or co-operative housing societies of landlords and/or occupiers jointly of 2 or more plots but not less than 5 plots with 'A', 'B' and 'C' category cessed buildings the FSI permissible will be 2.5 or FSI required for rehabilitation of existing occupiers plus 60% incentive FSI whichever is more:]

Provided however, that if the number of plots jointly undertaken for redevelopment is six or more the incentive FSI available will be 2.5 or FSI required of rehabilitation for occupiers plus 70% incentive FSI whichever is more.

[7][(e) In case of redevelopment undertaken by Co-operative Housing Society of Occupiers of building, which was earlier "A" category cessed building but thereafter due to its purchase/acquisition by Co-operative Housing Society of Occupiers it exempt from payment of cess and which have been declared unsafe by BHAD Board/BMC, the total FSI shall be 2.5 of the gross plot area or the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI, whichever is more.

(6)     The entire FSI available under clause 5 shall be allowed to be utilised on plot/plots under redevelopment scheme. However, if the owner/society so desire can avail the incentive FSI in the same plot or can avail the benefit of transferable development rights to be used in suburbs or extended suburbs in accordance with the regulations as given in appendix VII.

(7)     Construction or reconstruction of old building falling under reservation/zones contemplated in the development plan shall be permitted in accordance with the provision of notification No. TPB 4392/4080/RDP/UD-11 dated 3 June 1992 issued under Section 31 of the MR &TP Act.

(a)      Redevelopment/reconstruction in any zone shall be allowed to be taken in site without going through the process of change of zone. For the Industrial user the existing segregating distance shall be maintained from the existing industrial unit.

(b)      Any plot under no- buildable reservations admeasuring only upto 500 sqmts. may be cleared by shifting the existing tenants from that site.

(c)      The stipulation of 33 percent of area under non-buildable reservation may be reduced by the Government/Commissioner to the extent necessary where there are height and such other restrictions.

(d)      For other buildable reservations on lands where guidelines approved by Government under Section 31 of the Maharashtra Regional and Town Planning Act are not available, built-up area equal to not more than 15 percent area of the entire plot or 25 percent of the area under reservation in that plot, whichever is less, shall be made available free of cost for the municipal corporation or for any other appropriate Authority.

(e)      Where a Development Plan Road passes through redevelopment scheme area, the entire FSI admissible under this regulation for the area of the road may be given in the same site, on the remainder of the plot.

(f)       Contravening structures in town planning scheme regulations shall be included in the redevelopment scheme FSI for the same will be as under Development Control Regulation 33(15) or as provided in this regulation whichever is more.

(8)     Relaxation in building and other requirements for rehabilitation:

Notwithstanding anything contained in these regulations, the relaxations incorporated in regulation No. 33(10) of these regulations shall apply. 9. 20% of the incentive FSI can be used for non-residential purposes otherwise permissible in the Development Control Regulations.

(9)     a) [8][In the case of Redevelopment Scheme in progress and such schemes where LOI has been issued and if the construction of rehab building is not completed up to plinth level, then Owner/Developer/Co-op. Housing Societies with the prior approval of Govt. may convert the proposal in accordance with modified regulations only regarding size of tenements and loading of FSI insitu. However, such conversion is optional and shall not be binding.]

b) In case of redevelopment of buildings undertaken by MHADA, where construction is in progress, whether the area of new tenement should be 20.90 sq.mt or otherwise the question shall be decided by MHADA in each cast. However, if area of tenements is not increased to 20.90 sq.mt. then development will have to be carried out as per approved plan and FSI.

(10)   The FSI as in sub-regulation (7) of Regulation 33, should be allowed by the commissioner only-after Mumbai Repairs and Reconstruction Board is satisfied that the said redevelopment proposal fulfils all conditions to be eligible for the benefits under these Regulations.

(11)   In case of redevelopment of cessed buildings, the concessions regarding exclusion of areas from computation of FSI for general buildings stipulated in Regulation 35(2) of DCR for Greater Mumbai 1991 shall apply.

(12)   Since the permissible FSI in clause 5 of this Appendix is dependent upon the number of occupiers and the actual area occupied by them no new tenancy created after 13-6-1996 shall be considered. Further unauthorised constructions made in the cessed buildings shall not be considered while computation of existing FSI. However, the occupier may be allowed to declared whether the tenement is residential or non residential.

(13)   For smooth implementation of the redevelopment scheme undertaken by owners and/or cooperative housing society of the occupiers the temporary transit camps may be permitted on the same land or land situated elsewhere belonging to the same owner/developer with the concessions permissible under SRS project under regulation 33(10) of these Regulations. Such transit camps should be demolished within one month from the date of occupation certificate granted by the corporation for the reconstructed buildings.

(14)   An amount of Rs. 50007- per sq. mt. shall be paid by the owner/developer/society as additional development cess for the builtup area over and above the normally permissible FSI, for the rehabilitation and free sale components. This amount shall be paid to the Corporation in accordance with the time schedule for such payment as may be laid down by the Commissioner, MCGM provided the payment of installments shall not go beyond the completion of construction. This amount shall be used for Scheme to be prepared for the improvement of off-site infrastructure in the area around the development. The above development cess shall be enhanced @ 10.00% every three years.

(15)   As per the provision of clause 2, each residential/non residential occupant shall be rehabilitated only for carpet area mentioned in the said clause No. 2 and such areas, shall be clearly shown on the building plan submitted to the Corporation/MHADA.

(16)   [9][A corpus fund is to be created by the Developer which will take care of the maintenance of the building for a period of 10 years.

(17)   Restriction on transfer of tenements shall be governed by provision of Rent Control Act till Co-op. Society is formed and after that the same shall be governed by the provision of Maharashtra Coop. Society's Act.

(18)   Non Deduction of non-cessed structure area in the scheme of 33(7) for FSI purpose.

In case of mix of the structures that i.e. cessed & noncessed structures and if the area of no cessed structures existing prior to 30th September 1969 area of land component under noncessed struture works out upto a limit of 25% of plot area, then FSI shall be considered on total plot area. If this area exceeds 25% of the total area, then area above 25% shall be deducted form plot area. FSI for deducted area shall be as per regulation 32 and the remaining plot area shall be as per 33(7)]

Note: All the regulations/modifications mentioned above shall not be applicable to the areas which are affected by Coastal Regulation Zone notification issued by Ministry of Environment dated 19 February 1991 and orders issued from time to time.

 

[10][Appendix IIIA

Regulations for reconstruction or redevelopment of cessed buildings/Urban Renewal Schemes.

(1)     1. "Urban Renewal Scheme" means any scheme in the Island City of the Mumbai having a minimum area of 4000 sq.mtrs. bounded by existing distinguishing physical boundaries such as roads. nallas, railway lines etc. and which consists of a mix of structures of different characteristics such as -

(i)       Cessed buildings of 'A', B' & 'C' categories in Island City, which attracts the provisions of MHADAAct. 1976.

(ii)      Buildings erected before 30/9/1969 and acquired by MHADA under MHADAAct, 1976.'"

(iii)     All buildings belonging to the Government. semi Government, and MCGM including institutional buildings, office buildings, tenanted municipal buildings and buildings constructed by MHADA, that are constructed prior to 30.09.1969 and having built up area upto 2000 sq.mt. However, prior permission of concerned department shall be obtained before granting development permission.

(iv)    Other buildings erected before 30/9/1969 which are, by reason of dis-repair or have structural/sanitary defects unfit for human habitation or are by reasons of their bad configuration or the narrowness of streets, dangerous or injurious to the health of the inhabitant of the area as may be certified by the officer designated by MHADA/MCGM.

(v)      Provided that building erected after 30/9/69 which fulfills the above conditions shall be considered with prior approval of State Govt.

(vi)    Slum areas declared as slums under section 4 of Maharashtra Slum Areas Act, 1971 or Slums on Public lands prior to 1.1.1995 or such other reference date notified by the government, provided that in the mix of structures of different characteristics, the percentage of slum area and area under the buildings constructed after 30.09.1969 if any included in the Urban Renewal Scheme shall not exceed 25% (i.e. 1/4) of the total plot area.

(vii)   Any land belonging to the Government, semi Government, MCGM and MHADA (either vacant or built upon) which have been given on lease or have the tenure of Occupant Class II which falls within the proposed Urban Renewal Scheme shall be made available for the project subject to payment of premium at the rate of 25% of the Ready Reckoner rate of that year.

Explanation: If some areas are previously developed/are in the process of development, under the different provisions of the DCR, such areas can be included in cluster for the purpose of calculation of area of cluster. However, such area along with slum area and area under buildings constructed after 30/9/1969, as per Regulation 1.1 (vi) above. shall not exceed 25% of total plot area. FSI admissible for such areas shall be admissible as per the relevant provisions of DCR under which the areas are developed/under development However, it shall be necessary to obtain consent of owner/owners of such areas to become part of the cluster.

(2)     Eligibility for Urban Renewal Scheme:

(a)      Buildings:

(i)       No new tenancy created after 13/6/96 shall be considered. Further unauthorized construction made in buildings shall not be considered while computation of existing FSI. A certified inspection extract of the Corporation for the year 1995-96 or Courts' order proving the existence of tenements prior to 13/6/96 shall be considered adequate evidence to establish number of tenements. However, the Govt. may issue comprehensive guidelines for determination of eligibility of occupiers and tenants therein.

(ii)      The list of occupants and area occupied by each of them in municipal buildings shall be certified by MCGM. The list of occupants and area occupied by each of them in other buildings, excluding slums and irrevocable written consent as specified in 3 (a) shall be certified by Mumbai Building Repair & Reconstruction Board.

(iii)     Mezzanine floors constructed prior to 13.06.1996 and regularized subsequently will be eligible for rehab and incentive FSI.

(b)      For slum. Areas:

(i)       All the inhabitants of existing structures whose names and structures are included in the Assembly Election roll of 1/1/1995 or such other reference date notified by the government or a date prior thereto and who are staying there at.

(ii)      A structure shall mean all the dwelling areas of all persons who are enumerated as living in one numbered house in the electoral roll of the latest date, upto 1st January 1995 and regardless of the number of persons, or location of rooms or access.

(iii)     The eligibility of the participants will be certified by the Competent Authorities as notified under the Maharashtra Slum Areas (Improvement. Clearance and Redevelopment) Act, 1971.

(3)     (a) Redevelopment or Reconstruction under Urban Renewal Scheme may be permitted in pursuance of an irrevocable written consent by not less than 70 per cent of the eligible tenants/occupiers of each plot involved in the Urban Renewal Scheme or as provided in MHAD Act, 1976. If MHADA/MCGM undertakes development directly then consent of 70% tenants/occupiers for reconstruction or redevelopment is not required.

(b) All the eligible occupants/tenants of the building shall be rehabilitated in the redeveloped building.

(4)     Each occupant/tenant shall be rehabilitated and given the carpet area occupied by him for residential purpose in the old building subject to the minimum fixed carpet area of 27.88 sq.mt. (300 sq.ft.) and maximum area equivalent to the area occupied in the old building. In case of nonresidential occupier, the area to be given in the reconstructed building will be equivalent to the area occupied in the old building.

Provided that, for the carpet area for the residential purpose exceeding 70 sq.mt. the cost of construction shall be paid by the tenant/occupant to the developer. The cost of construction shall be fixed by Govt. from time to time. However, the carpet area exceeding 70 sq.mt. shall be considered for rehab FSI but shall not be considered for incentive FSI.

The slum dwellers shall be eligible for the area admissible as per DCR 33(10).

(5)     The FSI for rehabilitation of the existing tenants/occupiers in a redevelopment/reconstructed building, owners share, Corporation/MHADA's share and incentive FSI shall be as under -

(a)      The total permissible FSI shall be on gross plot area excluding reservations/designations, but including, the built up area under, reservation/designation.

Provided that in all the projects undertaken jointly with the land owners and/or Co-op, Housing Societies of tenants/occupiers of the buildings or Developer or Co-op. Housing Society of hutment dwellers therein where the rehab FSI exceeds 2.50, MHADA/MCGM shall get 5% of built up area for FSI 4.00- free of cost. This additional area shall be included in rehabilitation area and incentive to the extent of 50% shall be available for this area.

(b)      The FSI for Urban Renewal Schemes in CRZ area, shall be governed by the MOEF notifications issued from time to time.

(c)      The incentive FSI admissible against the FSI required for rehab shall be as under:

(i)       Where the total area of amalgamated plots is between 4000 - 8000 Sq.mt. then the incentive FSI admissible will be 55%.

(ii)      Where the total area of amalgamated plots is between 8001-12000 Sq.mt. then the incentive FSI admissible will be 65%.

(iii)     Where the total area of amalgamated plot is above 12001-16000 Sq.mt., then the incentive FSI admissible will be 70%.

(iv)    Where the total area of amalgamated plot is above 16001-20000 Sq.mt., then the incentive FSI admissible will be 75%.

(v)      Where the total area of amalgamated plot is more than 20000 Sq.mt., then the incentive FSI admissible will be 80%.

If any new area is added and if there is change in the slab prescribed above, the incentive FSI for the additional area in the changed slab shall be determined as per the area falling the next slab. However augmentation of area of cluster is not allowed after completion of scheme.

Provided that amalgamation of the plots from Revenue Department shall be insisted before the issue of commencement certificate.

(d)      In the proposal of maximum 4.00 FSI the permissible maximum FSI over and above terms of built up area between M.C.G.M./MHADA (in proportionate to their plot areas) and private developer in Joint Venture in the ration of 1 to 5

Provided that the area equivalent to the market value of area admissible as per the prescribed percentage of built up area and the share of built up area admissible under 5(a) and 5(d) respectively can be made available within the same municipal ward of MCGM.

(e)      In the urban renewal scheme for those structures containing other than as mentioned in 1.1 above, for the land component area beneath such structure, the FSI shall be admissible as per rule No. 32 and for remaining plot of land area the FSI shall be admissible as per 5(a) to (c) above.

With the prior approval of the High Power Committee, occupant of tolerated structures encroaching over roads in nearby vicinity should be allowed to be included in the scheme and its built up area shall be included in rehab area, provided the structure is permanently removed.

(6)     From the entire FSI available under clause 5, entire rehab and MHADA's share shall be allowed to be utilized on plot/plots under redevelopment scheme. In case of part of incentive FSI, is not proposed to be utilized on the same plot, the benefit of transferable development rights to be used in suburbs or extended suburbs as per D.C. Regulation No 34 appendix VII, shall be given.

Even if the scheme partly includes slum, the TDR generated it will be considered at par with reservation TDR.

(7)     Construction or reconstruction of slums/buildings falling under Reservations contemplated in development shall be permitted as under-

(a)      Redevelopment/reconstruction in any zone shall be allowed to be taken in site without going through the process of change of zone. However, for the industrial user, the existing segregating distance shall be maintained from the existing industrial unit..

(b)      Any land under non-buildable reservations, admeasuring only upto 500 sq.mt. may be cleared by shifting the existing tenants from that site.

(c)      If the area under non buildable reservation in the such area is more than 500 sq.mt., minimum 50% of the area under reservation shall be developed for same purpose and handed over to MCGM, subject to minimum of 500 sq.mt. and remaining land shall be allowed for development. The said provision is subject to Hon'ble High Court's order in Writ Petition No. 1152/2002 (City Space V/s. Govt. of Maharashtra).

(d)      All the reservations in the Development shall be rearranged if necessary with same area and same width of access road or as required under DCR, whichever is more.

(e)      For the reservation of parking lot on land, built up area equivalent to zonal permissible FSI for area under reservation in that plot shall be made available free of cost for the Corporation or for any other Appropriate Authority. Built up area to be handed over shall be free of FSI.

(f)       For other buildable reservations on land, builtup area equal to 60% of zonal permissible FSI under reservation or existing build up area of the amenity whichever is more in that plot shall be made available free of cost for the corporation or for any other Appropriate Authority. Built up area to be handed over shall be free of FSI.

(8)     30% of the incentive FSI can be used for non-residential purpose otherwise permissible in the DCR.

(9)     An amount of Rs. 5000/- per sq. mt. shall be paid by the owner/developer/society as additional development cess for the builtup area over and above the normally permissible FSI, for the rehabilitation and free sale components. This amount shall be paid to the Corporation in accordance with the time schedule for such payment as may be laid down by the Commissioner, MCGM provided that the payment of installments shall not go beyond the completion of construction. This amount should be kept in separate account and shall be used for Scheme to be prepared for the improvement of off-site infrastructure around the cluster. The above development cess shall be enhanced @ 10.00% every three years.

(10)   For smooth implementation of the redevelopment scheme undertaken by owners and/or Cooperative Housing Society of the tenants/occupiers, the temporary transit camps may be permitted on the same land or land situated elsewhere belonging to the same owner/developer with the concessions permissible under SRA project under Regulation 33(10) of these regulations. Such transit camps should be demolished within one month from the date of occupation certificate granted by the Corporation for the reconstructed/rehabilitation building.

(11)   Non conforming activities - All activities which are existing shall be allowed to be reaccommodated regardless of the non conforming nature of the activities except those which are hazardous and highly polluting and except in cases where the alternative accommodation have already been provided elsewhere by the Municipal Corporation.

(12)   Realization in Building and other requirements.

In case of tenement of 27.88 sq. mt. area for rehabilitation/additional tenement to be given to Repairs Board/Mumbai Board/M.C.G.M. following components are included.

12.1 The calculation of FSI for all purposes shall be on gross area i.e. without deducting any percentage for recreation open space. This shall not affect the requirement of physical open space keeping aside the said recreational open space on site as per the prevailing D.C. Regulations.

12.2 The provisions in DCR 38(22) relating to balcony will apply to the Scheme with the following modifications. There shall be no restriction on zone and balcony shall not reduce marginal open space to less than 3.00 metres. However at ground level minimum 4.5 mt. clear margin shall be maintained.- For calculation of area of 27.88 sq.mt. the area of the enclosed balcony shall be included.

12.3 Areas of common passages not exceeding 2.00 mt. in width, provided in rehabilitation component and Repairs Board/M.C.G.M. component to give access shall not be counted towards FSI.

12.4 Front and marginal open spaces, for a building having height upto 24.0 mt. in the rehab component or composite building, shall be 4.5_mt. for these buildings.

12.5 Notwithstanding the provisions in DC Regulation 29 (Table 10) where the location of the plot abuts DP Road having width of 18.3 mt. and above, the front marginal open space shall not be insisted upon beyond 4.5 mt. provided, it is not an express highway of road wider than 52 mt.

12.6 Where the location of the plot abuts a trained nallah, the marginal open space along the nallah shall not be insisted upon beyond 4.5 mt. from the edge of the trained nallah. Or as per requirement of SWD department of MCGM. whichever is greater.

12.7 The distance between any two rehabilitated buildings shall not be less than 6.00 mt.

12.8 If the height of building is more than 24 mt., 6 mt. wide marginal open space or as per the requirement of CFO whichever is greater shall be considered.

12.9 A composite building shall contain at least 50 percent of the built up area as rehabilitation component.

12.10 Wherever more than the minimum front and marginal spaces have been provided, such additional area provided may be considered as part of the amenity open space in the project comprising both rehabilitation and free sale components, and without charging any premium, in relaxation of the stipulations in D.C. Regulation No. 23, wherever necessary.

12.11 Pathways and means of access - The ration between the length of the pathway and the width thereof shall be as follows.

12.12 Between the dimensions prescribed for the pathway and marginal distances, the larger of the two shall prevail. The pathway shall act as access wherever necessary. The building shall be permitted to touch pathways.

12.13 The means of access shall be normally governed by provisions of DC Regulation No. 22. However, in the project wherever the design of the buildings up to 24 mtr height in the same land requires relaxation it may be given. High rise building shall be permitted only on access having width of 9 mtrs.

12.14 Even if the recreational open space is reduced to make the project viable, a minimum of at least 10 percent of plot area shall be provided as recreational open space. In addition to this 10 percent of plot area shall be earmarked for amenity space which can be adjusted against the DP reservation if any.

12.15 Premium shall not be charged for exclusion of staircase and lift well etc. as covered under the provisions of DC Regulation 35(2)(c).

12.16 In order to make the urban renewal scheme viable, the Municipal Commissioner shall be competent to sanction any relaxation in marginal open spaces except front marginal open spaces and parking requirement wherever necessary due to bonafide hardship, for reasons to be recorded in writing which shall not affect general and fire safety requirements.

12.17 All relaxation outlined hereinabove shall be given in the rehabilitation component and also to the composite buildings in the Project Premium shall not be charged for all or any of the relaxation's given hereinabove or for any other mentioned in DC Regulation 35(2)(c)

12.18 The parking in the scheme shall be provided as per modified DCR 36 or one car park per tenement of sale component, whichever is higher.

(13)   The approving/sanctioning authority for the building plans under the scheme will be the Municipal commissioner as per the MMC Act & MRTP Act even if the scheme partly consists of declared slums/slums on Municipal lands prior to 1.1.1995 or such other reference date notified by the government.

(14)   Religious structures existing prior to redevelopment if allowed in accordance with the guidelines issued by government from time to time as part of redevelopment, shall not exceed the area that existed prior to redevelopment.

(15)   Restriction on transfer of tenements shall be governed by provision of Rent Control Act till Coop. Society is formed and after that the same shall be governed by the provision of Maharashtra Coop. Society's Act. However, tenements constructed for slum rehabilitation shall not be transferred for the period of 10 years.

(16)   A Corpus fund is to be created by the Developer which will take care of the maintenance of the building for a period of 10 years, to be decided by the High Power Committee under clause 18.

(17)   Those schemes for which approval has been given under DCR 33(7) and for which work has not yet started can be considered for approval under DCR 33(9) provided they satisfy all the conditions for approval under DCR 3(9).

(18)   A High Power Committee (HPC) will be constituted which will approve the schemes with the previous sanction of the Govt. under DCR 33(9). On approval by this High Power Committee, the proposal will be submitted to MCGM for approval of plans. The Govt. will have the powers for any relaxations/modifications in the rules. Separate guidelines will be issued for the HPC.

 

APPENDIX IV

DCR 33(10)

1. Applicability of the provisions of this Appendix

The following provisions will apply for redevelopment/construction of accommodation for hutment/pavement-dwellers through owners/developers/cooperative housing societies of hutment/pavement-dwellers/public authorities such as MHADA, MIDC, MMRDA etc./Non-Govemmental Organisations anywhere within the limits of Brihan Mumbai. However, NGO should be registered under the Bombay Public Trusts Act, 1950 and the Societies Registration Act, 1860 at least for the last five years or be certified by Nirmala Niketan College of Social Work. Notwithstanding anything contained above, the said NGO's name should also be got approved by SRA.

Right of the Hutment Dwellers

1.1   Hutment-dwellers, in the slum or on the pavement, eligible in accordance with the provisions of Development Control Regulations 33(10) shall, in exchange for their structure, be given free of cost a residential tenement having a carpet area of 20.90 sq.m. (225.sq. ft.) including balcony, bath and watercloset, but excluding common areas.

1.2   Even those structures having residential areas more than 20.90 sq.m. will be eligible only for 20.90 sq.m. of carpet area. Carpet areas shall mean exclusive of all areas under walls including partition wall if any in the tenement. Only 20.90 sq.m. carpet areas shall be given and if proposal contains more areas, it shall not be taken up for consideration.

1.3   All eligible hutment dwellers taking part in the slum rehabilitation scheme shall have to be rehabilitated according to the provisions in this Appendix. It may be in situ and in the same plot as far as possible.

1.4   Pavement-dwellers and hutment dwellers in the slum on lands required for vital urgent public utility/purpose or on the hazardous location shall not be rehabilitated in situ but in other available plots and in accordance with these regulations.

1.5   A certified extract of the relevant electoral rolls shall be considered adequate evidence to establish the eligibility of a person provided he is found residing in the structure. This is to avoid the possibility of persons who have left the structure coming back to claim free tenement under the scheme even though they have in the normal course left the slum and gone away into a proper non-slum areas or out of Brihan Mumbai. If hutment dwellers are found resident in the structure, but the names are on the electoral roll on or prior to 1st January 1995 at another slum/pavement site in Brihan Mumbai, they shall be considered eligible but only at the place of present residence. In case of doubt or dispute, the decision of the Competent Authority to be appointed by the Government in Housing and Special Assistance Department shall be final and binding on all the parties concerned.

1.6   An individual agreement shall be entered into by the owner/developer/co-operative housing society/NGO with the eligible hutment-dwellers of each structure in the slum/pavement.

1.7   The individual agreement entered into between hutment-dweller and the owner/developer/co-operative housing society/NGO shall be in the joint names of pramukh hutment-dweller and spouse for every structure.

1.8   Hutments having a physically handicapped person, or female headed households shall be given first preference in allotment of tenements. Thereafter lots shall be drawn for allotment of tenements from the remaining tenements to the other hutment-dwellers. The details about the specific tenement allotted should be given to the hutment-dwellers preferably before shifting them to the transit tenement.

1.9   Transfer of Photopasses

Since only the actual occupant at present will be eligible for redevelopment, there shall be no need to regularise the transfers of photopasses that have occurred so far. A photopass will be given after the new tenement has been occupied.

1.10 Any person whose name is enrolled in a non-slum area in Brihan Mumbai but has purchased a hutment and therefore got his name also included in electoral roll for the slum area. i.e. he has his name in the electoral roll at two places, he shall not be held eligible for the scheme.

1.11 Ownership And Terms of Lease

The part of the Government/MCGM/MHADA land on which the rehabilitation component of the Slum Rehabilitation Scheme will be constructed shall be leased to the Co-operative Housing Society of the slum-dwellers on 30 year lease at the lease rent of Rs. 1001 for 4000 sq.m. of land or part thereof and renewable for a further period of 30 years. The same conditions shall prevail for the land under the free sale component and the land shall be leased directly to the Society/Association of the purchasers in the free sale component and not through the society of hutment-dwellers, and pending the formation of the Society/Association of the purchasers in the free sale component, it shall be leased to the Developer. The said lease deed shall be executed within 60 days from the date of building permission being issued.

1.12 Automatic cancellation of Vacant Land Tenure

If any land or part of any land on which slum is located is under vacant land tenure the said tenure/lease created by Brihan Mumbai Municipal Corporation or Municipal Commissioner shall stand automatically terminated as soon as a slum rehabilitation scheme, which is a public purpose on such land is prepared and submitted for approval to the Slum Rehabilitation Authority. Any arrears of dues to be collected by Brihan Mumbai Municipal Corporation shall not be linked to the issue of any certificate or NOC relating to the Slum Rehabilitation Project.

1.13 Recovery of pending dues such as assessment, compensation, occupational charges, non-agricultural tax/dues, etc. pending with public authorities such as State Government, MHADA, and/or Municipal Corporation shall be dealt with separately and not be linked to grant of approval or building permission to the slum rehabilitation projects.

1.14 A Slum Rehabilitation Project shall be considered preferably when submitted through a proposed or registered co-operative housing society of hutment dwellers on site. The said society shall include all the eligible hutment dwellers on site when applied therefor, and/or other eligible and allotted by Slum Rehabilitation Authority, as members of the society.

1.15 Where 70 per cent or more of the eligible hutment-dwellers in a slum or pavement in a viable stretch at one place agree to join a rehabilitation scheme, it may be considered for approval:

[11][Provided that nothing contained herein shall apply to Slum Rehabilitation Projects undertaken by the State Government or Public authority or as the case may be a Government Company as defined in section 617 of the Companies Act, 1956 & and being owned and controlled by the State Government.]

1.16 In respect of those hutment-dwellers on site who do not join the Project willingly the following steps shall be taken:

(i)       Provisions for all of them shall be made in the rehabilitation component of the scheme.

(ii)      The details of the actual tenement that would be given to them by way of allotment by drawing lots for them on the same basis as for those who have joined the Project will be communicated to them in writing by the Managing Committee of the Co-operative Housing Society.

(iii)     The transit tenement that would be allotted to them would also be indicated along with those who have joined the Project.

(iv)    If they do not join the scheme within 15 days after the approval has been given to the Slum Rehabilitation Project on that site, then action under the relevant provisions including sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 as amended from time to time, shall be taken and their hutments will be removed, and it shall be ensured that no obstruction is caused to the scheme of the majority of persons who have joined the scheme willingly.

(v)      After this action under the foregoing clause is initiated, they will not be eligible for transit tenement along with the others, and they will not be eligible for the reconstructed tenement by lots, but they will still be entitled only to what is available after others have chosen which may be on the same or some other site.

(vi)    If they do not join till the building permission to the Project is given, they will completely lose the right to any built-up tenement, and their tenement shall be taken over by the Slum Rehabilitation Authority, and used for the purpose of accommodating pavement-dwellers and other slum-dwellers who cannot be accommodated in city etc.

(vii)   A pitch of about 3m x 3.5m will be given elsewhere if and when available, and construction therein will have to be done on their own.

1.17. The Managing Committee of the proposed as well as registered Co-operative housing society of hutment dwellers shall have women to the extent of one-third of the total strength and actual members on the committee at any time.

1.18. Restriction on Transfer of Tenements

The tenement obtained under this scheme cannot be sold/leased/assigned or transferred in any manner for a period of ten years from the date of allotment/possession of the tenement. In case of breach of conditions, except transfer to legal heir, the tenement will be taken over by Slum Rehabilitation Authority.

2. Building Permission For Slum Rehabilitation Projects

2.1   The proposal for each Slum Rehabilitation Project shall be submitted to the Slum Rehabilitation Authority with all the necessary documents, no objection certificates, and the plans as may be decided by the Slum Rehabilitation Authority from time to time.

2.2   The approval to the Project shall be given by the Slum Rehabilitation Authority within a period of 30 days from the date of submission of all relevant documents. In the event of a failure by Slum Rehabilitation Authority to do so, the said approval shall be deemed to have been given, provided the project is in accordance with the provisions in this Appendix.

2.3   The Slum Rehabilitation Authority while giving the approval may lay down terms and conditions as may be necessary.

2.4   The Slum Rehabilitation Authority shall adopt the procedure laid down in the Maharashtra Regional and Town Planning Act, 1966 for giving building permission to any Slum Rehabilitation Project under this Scheme.

2.5   On compliance with the terms and conditions, the building permission shall be given, in accordance with the provisions under section 45 of the Maharashtra Regional and Town Planning Act, 1966 to the Project under the Slum Rehabilitation Scheme, first to the rehabilitation component and thereafter to the Freesale component subject to the provisions in clause below.

2.6   Correlation between Rehabilitation and freesale components: Building permission, for 10 percent of built-up areas of both the rehab and freesale components may be given simultaneously and thereafter proportionately or as may be decided by the Chief Executive Officer, Slum Rehabilitation Authority.

2.7   Where there is no builder-developer but the Project is implemented directly by an NGO of established reputation, Chief Executive Officer, Slum Rehabilitation Authority may sanction 20 percent of the freesale component right in the beginning without waiting for any expenditure on the rehabilitation component, but the approval for remaining part of freesale component will be given only after at least 30 per cent of rehabilitation component is completed on site.

2.8   As soon as the approval is given to the Project, the no objection certificate, for building permission, of the landowning authority shall be given in respect of that slum located on lands belonging to any department, undertaking, agency of the State Government, including MHADA, or any local self-Government such as the Municipal Corporation within 30 days after the intimation of such approval to the Project is communicated. In the event of its not being given within the period, it shall be deemed to have been given.

2.9   Occupation certificate shall not be held up only for want of lease documents to be executed, in all slum rehabilitation projects taken up on lands belonging to any department, undertaking, agency of the State Government, including MHADA, and any local self-Government such as the Municipal Corporation.

3. Rehabilitation and Freesale Component-

3.1   FSI for rehabilitation of eligible slum/pavement-dwellers includes the FSI for the rehab component and for the freesale component. The ratio between the two components shall be as laid down herein below.

3.2   Built-up area for rehabilitation component shall mean total construction area of rehabilitation component, excluding what is set down in 35(2) of D. C. Regulations 1991, but including areas under passeges, balwadis, welfare centres, society office, religious structures, [12][Other social infrastructure like school, Dispensary, Gymnasium by Public Authority or Charitable Trust] 5 per cent incentive commercial areas for the Co-operative society, and the further 5 per cent incentive commercial for the NGO [13][Government/Public Authority/Government Company] wherever eligible.

3.3   In Island City, if rehab component is 10 sq. metres of built-up area, then an additional 7.5 sq. metre built-up area will be permitted so that this additional 7.5 sq. metres can be utilised for disposal in the open market and the rehab component subsidised.

3.4   In suburbs and extended suburbs, if rehab component is 10 sq. metres of built up area, then an additional 10 sq. metres of built-up area will be permitted so that this additional 10 sq. metre can be utilised for disposal in the open market and the rehab component subsidised.

3.5   In difficult areas, which shall comprise Dharavi now and such areas as may be notified by the Slum Rehabilitation Authority hereafter, if the rehab component is 10 sq. metres of built-up area, then an additional 13.33 sq. metres of built-up area, will be permitted and this area of additional 13.33 sq. metres can be utilised for disposal in the open market and the rehabilitation component subsidised.

3.6   Provision in 3.3 to 3.5 hereinabove shall also apply to the sites where the Slum Rehabilitation Project of eligible pavement dwellers will be implemented.

3.7   FSI to be sanctioned on a Slum Rehabilitation Project on a site may exceed 2.5.

3.8. Maximum FSI permissible for Consumption on the Plot: Even though the sanctioned FSI may be more than 2.5 FSI. the maximum FSI that can be utilised on any slum-site for the project shall not exceed 2.5 and the difference between-sanctioned higher FSI and 2.5, if any, will be made available in the form of Transferable Development Rights (TDR) in accordance with the provisions of Appendix VII-B. The computation of FSI shall be done for both the rehab and freesale components in the normal manner, that is giving the benefit of what is set down in DC Regulation No. 35(2). While the areas referred in sub-regulations No, 6.10 and 8.2 of this Appendix shall not be included for computation of F.S.I., the said areas shall be included for computation of the rehab component of 10 sq. mt. in sub-regulations 3.3 to 3.5 hereinabove:

[14][Provided that if the existing tenement density is more than 650 per hectare, Government in Urban Development Department may allow FSI consumption in situ to be exceeded upto the sanctioned FSI but not exceeding 3.00 FSI. In such cases the difference between sanctioned higher FSI and 3.00 if any, will be made available in the form of Transferable Development Rights (TDR) in accordance with the provisions of Appendix VII-B.]

3.9   Notwithstanding the provisions in 3.8 above, on account of constraints such as height restrictions, uneconomical site conditions, etc, if the full 2.5 FSI cannot be used on the same site, TDR may be allowed as may be necessary even without consuming FSI upto 2.5 on the same site. However, TDR may be allowed only when the framework for one complete building in Rehab Component is constructed or when 10% of the Rehab component has been constructed on site and the said TDR will not exceed 50 per cent of the construction of Rehab component at any point of time till the total component has been completed. On completion of the total rehab component, balance TDR will be allowed.

3.10 The rehabilitation component shall mean ail residential tenements as well as non-residential built-up premises given free of cost in accordance with the provisions of the Slum Rehabilitation scheme outlined in this Appendix excluding what is set down in D. C. Regulation 35(2) and excluding built-up area given for buildable Development Plan reservations.

3.11  4If rehabilitation project of a slum located on land belonging to public authority and needed for a vital public purpose, is taken up on an unencumbered plot in addition to the rehabilitation and freesale components as laid down hereinabove, TDR for the area of the land spared for this purpose shall also be sanctioned for the owner of the said unencumbered plot:

[15][Provided that the State Government or Public authority on a Government Company as defined in section 617 of the Companies Act, 1956 and owned and controlled by the State Government (hereinafter referred to as "the Agency") may undertake Slum Rehabilitation Project on its own land and be eligible for the benefits under this Regulation subject to the following conditions:

(1)     The Rehabilitation Project is approved by the Slum Rehabilitation Authority.

(2)     The tenements so constructed in execution of the Project are offered to slum dwellers located on land belonging to Government or Public Authority and needed for vital public purpose and within 270 days from the date of issue of LOI the Agency shall identify the slum dwellers.

(3)     If the Agency fails to identify the slum dwellers needed to be shifted for a vital public purpose, as above, then the tenements so constructed shall be offered.

(a)      to the slum dwellers located on land belonging to Government or Public Authority within a distance of 2 km. from the land on which the Project is undertaken, or

(b)      to the slum dwellers located anywhere in Greater Mumbai on lands belonging to Government or Public Authority, or

(c)      to the slum dwellers located on private lands if the land owner pays the entire cost of tenements as determined by the Agency:

Provided further that in all the three categories of (a), (b) and (c) referred above slum TDR of land component shall not be given and the construction TDR shall be released only after identification of eligible slum dwellers.

(4)     Further provided that in all above cases the relocation of slum dwellers in any case will be undertaken not with reference to individuals but reference to assembly of slum dwellers for the purpose of releasing the plot of land wholly from slums and not only the patches of land.]

3.12 Minimum Density on The Plot Including Non-Residential Units: The minimum density of rehabilitation component on plot shall be 500 tenements per net hectare, that is, after deducting all reservations actually implemented on the site including the land appurtenant thereto, but not deducting the recreational/amenity open space on the remaining area. If the number of tenements to be provided to the hutment dwellers is less than the minimum, the balance shall be handed over free of cost to the Slum Rehabilitation Authority. The Authority shall use them for the purpose of transit or Project-affected persons or pavement-dwellers from others slums:

[16][Provided if Slum Rehabilitation Scheme is undertaken by a Federation, Co-operative Housing Society consisting of members who are serving or retired State Government Employees/Employees of the State Undertakings/Employees of Local Bodies of State Government for providing housing to its members, such tenements which are generated over and above the tenements to be provided to the existing eligible hutment dwellers, shall be handed over back to the said Federation/Co-operative Housing Society for providing housing to its above mentioned members and subject to further additional terms and conditions as would be imposed by the Chief Executive Officer, Slum Rehabilitation Authority to ensure adequate membership of Class III and Class IV employees.

[17][Provided that, notwithstanding anything contained above, project affected person under Mumbai Urban Transport Project (MUTP) being resettled as per the provisions contained in Government Resolution, Housing and Special Assistance Department No. Prakalpa/17007 CR-31/Slum-2, dated 12th December 2000 and certified by the Project Director, MUTP will also be eligible for redevelopment scheme under 33(10) of the Development Control Regulations for Greater Mumbai, 1991 as amended from time to time.

3.13 All non-residential built-up areas shall be included in the computation of minimum density but on the scale of 20.90 sq. mt. of carpet areas being one tenement. In slums where the existing tenement density is already more than 500 per hectare, the calculation of FSI for all purposes shall be on gross area, that is, without deducting any percentage for recreational/amenity open space. This shall not effect the requirement of physical keeping aside the said recreational/amenity open space on site, subject to the provisions in this Appendix in that regard.

3.14 Amalgamation/Subdivision of Plot and Balancing of FSI Thereon:

Any land declared as slum rehabilitation area or on which slum rehabilitation project has been sanctioned, if it is spread on part or part of C. S. Nos. or CTS Nos. or S. Nos. shall be treated as natural amalgamation/subdivision/s of that C. S. or CTS or S. No. or F. P. No. for which no separate approval for amalgamation/subdivision of land would be necessary.

3.15 Boundaries and the measurement of plot areas of the Slum Rehabilitation Area shall be declared by the competent authority after actual measurement of plot area on site and the same shall be adopted for planning purpose for calculation of density and floor space index.

3.16 The Chief Executive Officer. Slum Rehabilitation Authority may if required adjust the boundary of the plot declared as slum rehabilitation area so as to suit the building design and provide proper access to the project.

3.17 After approval is given to the Slum Rehabilitation Project the area may be further subdivided if necessary to earmark separate plots for the Rehab component and the Freesale component. The plot area and the built-up area in terms of square metres on the said plot shall be separately mentioned in the lease agreements and Record of Rights.

3.18 The Settlement Commissioner. Maharashtra State, on payment of such fees as may be decided by the Government ensure that the City Survey sheets and property cards are corrected accordingly and fresh property cards are opened for each of the plots giving details regarding the area of the plots and the total area of the floors of the built-up property and TDR given that is the FSI used on the plot.

3.19 Declaration of Additional areas As Difficult Category:

The Slum Rehabilitation Authority may consider declaring additional areas as difficult and publish it in the Maharashtra Government Gezette, provided the following criterion/criteria are fulfilled:

(i)       Overcrowding, high density, and Unhygienic conditions, or

(ii)      To vacate land required for implementation of reservations for essential public purposes, or

(iii)     Required for rehabilitation to avoid loss of human life:

Provided for difficult areas to be declared on account of overcrowding, high density and unhygienic conditions, the area required shall not be less than 40 hectares in one contiguous area fulfilling the conditions mentioned in (i) above.

4. Temporary Transit Camps

4.1   The temporary transit camp shall be provided on or close to the site itself, and if need be on the area of statutory open space to be left in accordance with D. C. Regulation No. 23 on the plot.

4.2   On the slum-site it self approved for rehabilitation, multi-storied temporary transit tenements may be allowed to be constructed.

4.3   The area of temporary transit tenements shall be excluded from the computation of FSI, but the safety of the structure shall be ensured.

4.4   Such building permission shall be given within 15 days from the date of application and after approval to the project by Slum Rehabilitation Authority, failing which it shall be deemed to be given.

4.5   If a site reserved in Development Plan for any buildable public purpose is vacant or partly encumbered, or it happens to be the unused portion of cemetery or other such public purpose for which it is reserved or is occupied 'by a public building such as market or library etc. at ground level temporary construction of transit tenements in such sites and on top of such existing public buildings may be allowed wherever possible.

4.6   On any nearby vacant site without any reservation in the Development Plan construction of temporary transit tenements with the consent of the land-owners. made of light material shall be allowed up to an FSI of 2.5 and this shall be applicable in Island City as well as in suburb and extended suburbs. Temporary shall mean made of detachable material such as tubular/prefabricated light structurals.

4.7   In all such cases where the temporary transit camp is erected, the condition shall be that the structures shall be demolished by the Developer/Society/NGO within 30 days of granting Occupation Certificate to the rehab buildings and the site should be brought back to the original state.

5. Commercial/Office/Shop/Economic Activity Free of cost

5.1   The eligible existing area under commercial/office/economic activity shall be computed on actual measurement/inspection, and/or on the basis of official document/s such as Licence under the Shops and Establishment Act, Electricity bills, Photopass etc.

5.2   In the rehabilitation component, the built-up area for commercial/office/shop/economic activity that existed prior to 1st January 1995 subject to the provisions in the sub-regulation below, shall be given. Where a person has both residential and commercial premises without common wall between residential and commercial premises, for commercial/office/shop/economic activity in the slum/pavement, he shall be held eligible for a residential unit and also for built-up area for commercial/office/shop/economic activity both free of cost.

5.3   Built up area for commercial/office/shop/economic activity upto 20.90 sq.m. (225 sq. ft.) carpet area or actual area whichever is less shall be provided to the eligible person free of cost as part of the Rehabilitation Project. Any area in excess of 20.90 sq. mt. to the extent of existing area may if required be sold on preferential basis at the rate for commercial area in the free-sale component.

5.4   Such area may be allowed on any side of the plot abutting 3.0 metre wide pathway and deriving access from 3.0 metre-wide pathway/open space Back-to-back shopping on ground floor shall also be allowed for the purpose of rehabilitation. After exhausting these provisions, it may be allowed on the first floor to the extent necessary.

5.5   Non-conforming Activities: All activities which were previously existing shall be allowed to be relocated regardless of the non-conform nature of the activities, except those which are hazardous and highly polluting and except in cases where the alternative accommodation has already been allotted elsewhere by the Municipal Corporation.

5.6   Convenience Shopping In Free-sale Component: Convenience shopping in the free-sale component vide DCR 2(3) (20) shall be permitted along the layout roads. The Chief Executive Officer, Slum Rehabilitation Authority, may add to, alter or amend the said list for convenience shopping.

5.7   Incentive Commercial Areas For Society and NGO:

(a)      The scheme, when undertaken by a Co-operative Housing Society of Slum dwellers, may provide an additional 5 per cent built-area on the rehabilitation area free of cost for commercial purpose, even where the site is in C-I or C-2 zone. This area will be at the disposal the Co-operative Housing Society of the hutment-dwellers. The corpus amount shall not be spent, but the income from the property/corpus alone shall be used by the Society for maintenance of the building and premises, and such other purposes as may be laid down by the Slum Rehabilitation Authority.

(b)      Where the scheme is undertaken by a Non-Government Organisation another additional 5 per cent built-up area on the rehabilitation area may be given free of cost for commercial purpose, even where the site is in C-II or C-2 zone. This area shall be at the disposal the Non-Governmental Organisation [18][Government or Public Authority Government Company] in consultation with the co-operative housing society.

6. Relaxations in building and other Requirements

[19][6.1 A multi purpose room shall be allowed with size up to 12.5 sq.mt. with a minimum width of 2.4 mt.

6.2   Separate kitchen shall not be necessary. Cooking space (alcove) shall be allowed without any minimum size restrictions. Where a kitchen is provided the minimum area shall be 5 sq. mt. provided the width shall be at least 1.5 mt.

6.3   There shall be no size restriction for bath or water closet unit. Moreover for bathroom, water closet or kitchen there shall be no stipulation of one wall abutting open space, etc. as along as artificial light and ventilation through any means are provided.

6.4   In water closet, flushing cisterns shall not be essential and toilets without this provision may be permitted. Water closet seat shall be of a minimum length of 0.46 mt. (18 inches).

6.5   A septic tank filter bed shall be permitted with a capacity of 150 litres per capita, where the municipal services are likely to be available within 4-5 years.

6.6   The minimum plinth height shall be 30 cm. and in areas subject to flooding the plinth shall be higher than the high flood level.

6.7   The staircase/s shall be of dog legged type, if a single flight staircase is accepted, the flight width shall not be less than 1.50 mt. However, if two or more staircases are provided the flight width may be reduced to 1.2 mt. in such case, provided that both the staircases shall be interconnected by means of common passage/corridors, so as to serve as alternate means of access/escape in the event of emergency.

6.8   In the rehabilitation component, lift shall not be insisted upon, upto ground plus five floors.

6.9   The provisions in DCR 38(22) relating to balcony will apply to the scheme with the following modifications. There shall be no restriction on zone and balcony shall not reduce marginal open space to less shall 1.5 mt. For calculating of area of 20.90 sq.mt. the area of the balcony shall be included.

6.10 Areas of common passages not exceeding 2.0 mt. in width provided in rehabilitation component to give access shall not be counted towards FSI even while computing 2.5 FSI on site.

6.11 Front and marginal open spaces: For building having height upto 24 mt. in the rehab component or composite building, the front and marginal open space shall be 1.5 mt. for these buildings:

Provided however, that in case of bldgs. having height more than 24 mt. the minimum marginal open space shall be 6.0 mt. or as may be prescribed by CFO.

6.12 Notwithstanding the provisions in DCR 29 Table 10 where the location of the plot abuts DP Road, having width of 18.3 mt. and above, the front marginal open space shall not be Insisted upon beyond 3.0 mt. provided it is not an express highway or road wider than 52 mt.

6.13 Where the location of the plot abuts a nallah, the marginal open space along the nallah shall not be insisted upon beyond 3 mt. from the edge of the trained nallah.

6.14 The distance between any two rehab/composite buildings shall not be less than 3 mt.

6.15 A composite bldg. shall contain at least 50 percent of the built up area as rehabilitation components provided it shall be reduced to 40 percent for the projects in difficult areas.

6.16 Wherever more than the minimum front and marginal spaces have been provided such additional area provided may be considered as part of the amenity open space in the project comprising both rehabilitation and free sate components, and without charging any premium in relaxation of the stipulations in DCR No. 23, wherever necessary.

6.17 Pathways and means of access - The ratio between the length of the pathway and the width thereof shall be as follows:-

6.18 Between the dimensions prescribed for the pathway and marginal distances, the larger of the two shall prevail. The pathway shall act as access wherever necessary. The building shall be permitted to touch pathways.

6.19 The means of access shall be normally governed by the provisions of DCR No. 22. However, in the project wherever the design of the buildings in the same land requires relaxation, it may be given. Access through existing pathways including the roads maintained under section 63K of the Mumbai Municipal Corporation Act, 1888 but not less than 3.6 mt. in width, shall be considered adequate for any slum rehabilitation project, containing buildings having height less than 24 mt. including stilts.

6.20 Even if the amenity space is reduced to make the Project viable, a minimum of at least 8% of amenity open space shall be maintained.

6.21 Premium shall not be charged for exclusion of staircase and lift-well etc. as covered under the provisions of OCR 35(2)(c).

6.22 All relaxation outlined hereinabove shall be given to the rehabilitation component, and also to the composite buildings in the project. Premium shall not be charged, for all or any of the relaxation given hereinabove, or for any other mentioned in OCR 35(2)(c).

6.23 Relaxations for the free sale component - Relaxation contained in sub-regulation No. 6.12, 6.13, 6.18, 6.19, 6.20 above, as well as other necessary relaxation shall be given to the free sale components, on payment of 10% of the normal premium, both in the Island City and also in the suburbs and extended suburbs.

6.24 In order to make the Slum Rehabilitation Scheme viable, the Chief Executive Officer of Slum Rehabilitation Authority shall be competent to make any relaxation wherever necessary for reasons to be recorded in writing.]

7. Slums and Development Plan Reservations

7.1   Slums situated in lands falling under various reservations/zones in the Development Plan shall be developed in accordance with the provisions of the notification, dated 3rd June 1992 issued under Section 31 of the Maharashtra Regional and Town Planning Act and as modified by the provision in the present Appendix.

7.2   Slums in any zone shall be allowed to be re-developed in situ without going through the process of change of zone. In the free-sale component in any zone, in addition to residential user, all the users permitted for the original zone shall be permitted. For industrial user, the segregating distance shall be maintained from the existing industrial unit.

7.3   Any plot under non-buildable reservations admeasuring only upto 500 sq. metres may be cleared by shifting the slum-dwellers from that site.

7.4   The stipulation of 33 per cent of area under non-buildable reservation may be reduced to the extent necessary where there are height and such other restrictions.

7.5   For other buildable reservations on lands under slum where guidelines approved by Government under section 31 of the Maharashtra Regional and Town Planning Act are not available built-up area equal to not more than 15 per cent area of the entire plot or 25 per cent of the area under that reservation in that plot whichever is less shall be demanded free of cost by the Slum Rehabilitation Authority for the Municipal Corporation or for any other appropriate Authority.

7.6   Where a DP road passes through slum rehabilitation area the entire 100 per cent FSI of the road may be given in the same site on the remainder of the plot.

[20][7.7 Wherever slum and Municipal/MHADA property are found together or adjoining, it would be eligible for redevelopment using provisions of both DCR 33(7) and of DCR 33(10). Development of slum and contiguous non-slum area under any other provisions may be allowed together in order to promote flexibility of design as well as to raise more resources provided the FSI on non-slum quantum of area shall be restricted to that permissible in the surrounding zone inclusive of admissible TDR on non-slum area. Such a project shall be deemed to be a Slum Rehabilitation Project and plans for admissible TDR shall be approved by CEO, SRA. The power under D.C. Regulation 11(4) for shifting and/or inter changing the purpose of designations/reservations shall be exercised by the Chief Executive Officer, Slum Rehabilitation Authority in respect of slum rehabilitation areas/projects.

7.8   In case of two or more number of slums taken up for development by same owner/developer/NGO/Co-operative Society of the Slum-dwellers, both Rehab and Free Sale Components of the said slums can be combined and located in any proportion in those plots provided in any plot the FSI does not exceed 2.5 subject to the condition that the said slums have the same ratio of Rehab component to Free Sale Component as laid down in the Clause 3.3 to 3.5 of this Appendix.

7.9   Slum Rehabilitation permissible on Town Planning Scheme Plots: Slum Rehabilitation Project can be taken up on Town Planning Scheme plots also, after they are declared slums/slum rehabilitation area. Wherever Town Planning Scheme regulations so provide, there shall be no insistence on 15 per cent recreation/amenity open space for FSI deduction.

7.10 Contravening structures in the adjoining final plots, if declared as a slum rehabilitation area by the competent authority, may be included in the Slum Rehabilitation Scheme in the relevant Final Plot of the Town Planning Scheme.

7.11 In case of a slum rehabilitation project adjoining railway tracks a boundary wall of minimum 2.4 metres in height shall be constructed.

8. Welfare Hall, Balwadi, Society Office and Religious Structure

8.1   There shall be a welfare hall in each Project as part of the rehabilitation component It shall be at the rate of 20.90 sq. mt. for every multiple or part of 100 hutment dwellers' families, but located so as to serve all the floors and buildings equitably. In case of misuse, it shall be taken over by the Slum Rehabilitation Authority which will be competent to allot the same to some other organisation/institution for public use. Balwadi shall also be provided for in a similar scale. An office for the co-operative housing society shall be also constructed in accordance with D.C. Regulation No. 38(11). 1[21][However, if the number of rehab tenements exceeds 100 then for every 100 rehab tenements such additional society office shall be constructed] Religious structure/s existing prior to redevelopment, if allowed in accordance with the guidelines issued by Government from time to time as part of redevelopment shall not exceed the area that existed prior to redevelopment. [22][Other social infrastructure like School, Dispensary, Gymnasium run by Public Authority or, Charitable Trust that existed prior to the redevelopment shall be allowed without increase in existing area.]

8.2   All the areas underlying welfare hall/s, society office, balwadi/s, religious structure/s, [23][Social infrastructure like school, dispensary, gymnasium run by Public Authority or Charitable Trust] the commercial areas given by way of incentives to the co-operative society and the non-governmental organisation shall be free of cost and shall form part of rehabilitation component and it is on this basis the freesale component will be computed. These provisions shall apply to construction of transit camps under D.C. Regulation 33(14) also.

8.3   Welfare halls, society office, balwadis and religious structure/s [24][Social infrastructure like school, dispensary, gymnasium run by Public Authority or Charitable Trust] in the rehab component shall not be counted towards the FSI even while computing 2.5 FSI on site.

9. Payments to be made to SRA and installments

9.1   An amount of Rs. 20,000 or such an amount as may be decided by the Government from time to time per tenement including the welfare hall and balwadi in the rehab component as well as in the case of permanent transit camp tenements will have to be deposited by the owner/developer/society with the Slum Rehabilitation Authority, in accordance with the time-schedule for such payment as may be laid down by the Chief Executive Officer, Slum Rehabilitation Authority. However, by the time of completion of construction for occupation of tenements by the hutment dwellers, the total amount at the rate of Rs. 20.000 per tenement completed should have been deposited in full. The building permission for the last 25 per cent of the free sale component would be given only after all the required amount is deposited in full with Slum Rehabilitation Authority.

9.2   An amount of Rs. 840 per sq. mt. [25][or Rs. 560 per sq. mt. for the localities mentioned in sub-regulation 3.4 hereinabove] shall be paid by the Owner/Developer/Society/NGO for the built-up area over and above the normally permissible FSI. for the rehabilitation and free sale components. Similarly, it shall be paid for the built-up area over and above the normally permissible FSI for construction of transit camps-in accordance with the provisions under DCR 33(14). This amount shall be paid to the Slum Rehabilitation Authority in accordance with the time-schedule for such payment as may be laid down by the Chief Executive Officer, Slum Rehabilitation Authority, provided the instalments shall not exceed beyond the completion of construction. This amount shall be used for Schemes to be prepared for the improvement of infrastructure in slum or slum rehabilitation areas.

[26][Provided that out of Rs. 560 per sq; mt. infrastructure I charges, 90% amount will go to BMC and 10% amount will remain with SRA.

10. Conversion of Old Project into New Project

10.1 Wherever there is an application for conversion of the old Project of slum redevelopment into the new, it shall be considered only if the full occupation certificate has not been given and provided the conditions relating to [27][the payment as specitied-in clause 9] are complied with and subject to such other conditions as may be imposed by the Chief Executive Officer.

10.2  [28][***]

 

APPENDIX V

[Regulation 33(11)]

Regulations for sites and services and for small size tenements for the Housing Schemes under the Urban Land (Ceiling and Regulation)

Act, 1976 approved by Government from time to time

1. F.S.I.

The FSI shall be the same as is permissible under these Regulations which shall prevail over the corresponding provisions of Rules/Regulations in force as amended from time to time.

2. Density

Density upto 450 tenements per net hectare (180 tenements per net acre) shall be permitted on 70 per cent of net developable land for plots above 4000 sq.m. on which the sites and services scheme is implemented according to Government orders. For land below 4000 sq.m. the normal Regulations shall apply.

3. Minimum plot size

(a)      A serviced site shall be of 25 sq.m. and shall have plinth of adequate height for W.C. and bathroom. The size of the plinth for a W.C. shall be 1.2 m. X 0.9 m. (4' x 3').

(b)      In the case of a dwelling unit as a core house, in addition to the services mentioned in (a) the said unit shall have plinth with adequate height, the total area of which shall not exceed 21 sq.m. in a plot with an area of 25 sq.m. Further, in the case of a core house on a plot of 25 sq.m. a room of a minimum size of 5.57 sq.m. with a toilet arrangement in the first phase snail be permitted, In the second phase, one room of 9.30 sq.m. may be allowed to be added. However, the occupation certificate shall be granted initially to the first phase only and subsequent certificates for second phase issued as and when required.

4. Multipurpose rooms

A multipurpose room shall be allowed with a minimum size of 12.5 sq.m. and with a minimum width of 2.4 m.

5. Cooking Space (Alcove)

Provision of separate kitchen shall not be necessary. However, a separate cooking space shall be allowed with a minimum size of 2.4 sq.m. with minimum width of 1.2 m.

6. Combined Toilet

A combined toilet shall be permitted for more than one tenement upto five tenements with a minimum area of 1.85 sq.m. with a minimum width of one meter.

7. Height

The average height for a habitable room with sloping roof shall be 2.6 m. with a minimum height of 2 cm. at the eaves. In case of a flat roof the minimum clear height shall be 2.6 m. for a habitable room. Kitchen shall have minimum height of 2.4 m. and bath and W.C. (without loft) shall have a clear minimum height of 2.2 m.

8. Plinth

The minimum plinth height shall be 30 cm. but in any case above high floor level.

9. External Walls

115 mm. for external brick wall without plaster shall be permitted.

10. Front Open Space

The front open space from roads having width of 9.14 m. and below shall be of a minimum of 1.5 m.

11. Open Spaces (side and rear)

The distance between two ground floor structures shall be of a minimum of 4.5 m. for purposes of light and ventilation of habitable rooms. In the case of toilets, deriving light and ventilation from an open space, the distance between the two ground floor structures shall be of a minimum 1.5 m.

12. Pathways

The width shall be as follows-

(i)       2.5 m. width for pathways upto 40 m. in height

(ii)      3.0 m. width for pathway up to 50 m. in height

13. Water Closet Pan Size

The water closet pan size shall be of a minimum of 0.46 m. (18 inches) in length.

14. Flushing Cistern

In water closets a flushing cistern shall not be essential and toilets without this provision may be permitted.

15. Septic Tank and Leaching Pits (Soak Pits)

A septic tank shall be provided with capacity of 141.6 liters (five cubic feet) per capita where municipal services are likely to be available within 4 to 5 years or so. Pour flush water seal latrines (NEERI type) shall be permitted where the municipal sewerage system is not available and the water table in the area is not high.

16. Convenience Shopping

Convenience shopping as defined in these Regulations shall be permitted along layout roads with width of 12.2 m. to 18.49 m. provided that a minimum setback of 1.5 m. and a minimum plot area of 25.2 sq.m. are available and provided.

17. Recreation Ground

In the layouts of housing schemes under this category, provision for recreation ground shall be as normally required by these Regulations.

18. Ancillary structures

Ancillary structures such as underground tank, overhead tank, sub-station etc. shall be permissible in the compulsory recreation space subject to the condition that not more than 10 per cent of such recreation space shall be allowed to be utilised for such purposes.

 

APPENDIX VI

[Rule 33(12)]

Regulations for the Schemes undertaken by the Maharashatra Housing and Area Development Authority exclusively with the World Bank Assistance

The following Regulations in addition to the Regulations in Appendix I shall be applicable to schemes to be undertaken by the Maharashtra Housing and Area Development Authority in collaboration with the Bombay Metropolitan Region Development Authority etc. exclusively with World Bank Assistance i.e. BUDP(I):-

(1)     Recreational Open Spaces.-The proportion of recreational open spaces to the net area of plot shall be [29][9.5 per cent, provided that the proportion of such open spaces together with the areas under school and playgrounds, where provided, shall be 8.5 per cent of the total gross area of the project. However, the percentage shall not be less than 10 per cent exclusive of the areas of development plan roads and other facilities such as schools, hospitals, markets etc. [30][The minimum area of such open space shall be 10.0 sq. mtr. with a minimum dimension not less than 4 mtr.]

(2)     Roads.-

(a)      Arterial network of the roads, according to the development plan will be retained in the sites and services project.

(b)      Internal layout roads shall have a right of way of 9 m. out of which 4.75 m. shall be the paved width.

(c)      The access pathways serving plots of less than 50 sq.m. shall have a minimum right of way of 3 m. Alternatively, if such plots are arranged in a cluster, a paved access of at least one meter width serving the plots only on one side shall be sufficient, but in such a case an open space of minimum width of 4 m. shall be provided. In both the above cases, the maximum length of the access pathway should not exceed 50 m.

[31](3) Floor space Index.-

(a)      Floor space Index shall be allowed to be increased by upto 20 percent over and above the normally permissible floor space index, if 60% of the total number of plots have an area of less than 40 sq, m. which are to be used for lower income shelter.

(b)      For the purpose of calculating the Floor Space Index: the entire net plot area of a layout shall be considered and the under utilised floor space index on plots less than 40 mtr. in area (used for low income shelters) shall be allowed to be utilised on remaining plots, in the scheme.]

 

APPENDIX VII

(Regulation 34)

Regulations for the grant of Transferable Development Rights (TDRs) to owners/developers and conditions for grant of such Rights

(1)     The owner (or lessee) of a plot of land which is reserved for a public purpose in the development plan and for additional amenities deemed to be reservations provided in accordance with these Regulations, excepting in the case of an existing or retention user or any required compulsory or recreational open space, shall be eligible for the award of Transferable Development Rights (TDRs) in the form of Floor Space Index (FSI) to the extent and on the conditions set out below. Such award will entitle the owner of the land to FSI in the form of a Development Rights Certificate (DRC) which he may use himself or transfer to any other person.

(2)     Subject to the Regulation I above, where a plot of land is reserved for any purpose specified in section 22 of Maharashtra Regional and Town Planning Act, 1966 the owner will be eligible for Development Rights (DR's) to the extent stipulated in Regulations 5 and 6 in this Appendix had the land been not so reserved, after the said land is surrendered free of cost as stipulated in Regulation 5 in this Appendix, and after completion of the development or construction as in Regulation in this Appendix if he undertakes the same.

(3)     Development Rights (DR's) will be granted to an owner or a lessee only for reserved lands which are retainable/non-retainable under the Urban Land (Ceiling and Regulations) Act, 1976, and in respect of all other reserved lands to which the provisions of the aforesaid Act do not apply, and on production of a certificate, to this effect from the Competent Authority under that Act before a Development Right is granted. In the case of non-retainable lands, the grant of Development Rights shall be to such extent and subject to such conditions as Government may specify. Developments Rights (DRs) are available only in cases where development of a reservation has not been implemented i.e. TDRs will be available only for prospective development of reservations.

(4)     Development Rights Certificate (DRCs) will be issued by the Commissioner himself. They will state, in figures and in words, the FSI credit in square meters of the built-up area to which the owner or lessee of the said reserved plot is entitled, the place and user zone in which the DRs are earned and the areas in which such credit may be utilised.

(5)     The built-up area for the purpose of FSI credit in the form of a DRC shall be equal to the gross area of the reserved plot to be surrendered and will proportionately increase or decrease according to the permissible FSI of the zone where from the TDR has originated:

[32][Provided that in specific cases considering the merits, where Development Plan Roads/ Reservations are proposed in No Development Zone, the Commissioner with prior approval of the Government shall grant FSI for such road land/reserved land equivlent to that of the adjoining zone.]

(6)     When an owner or lessee also develops or constructs the amenity on the surrendered plot at his cost subject to such stipulations as may be prescribed by the Commissioner or the appropriate authority, as the case may be and to their satisfaction and hands over the said developed/ constructed amenity to the Commissioner/appropriate authority, free of cost, he may be granted by the Commissioner a further DR in the form of FSI equivalent to the area of the construction/ development done by him, utilisation of which etc. will be subject to the Regulations contained in this Appendix.

(7)     A DRC will be issued only on the satisfactory compliance with the conditions prescribed in this Appendix.

(8)     If a holder of a DRC intends to transfer it to any other person, he will submit the DRC to the Commissioner with an appropriate application for an endorsement of the new holder's name, i.e. transferee on the said Certificate. Without such an endorsement by the Commissioner himself, the transfer shall not be valid and the Certificate will be available for use only by the earlier original holder.

(9)     A holder of DRC who desires to use the FSI credit certified therein on a particular plot of land shall attach to his application for development permission valid DRCs to the extent required.

(10)   Irrespective of the location of the land in which they originate, DRCs shall not be used in the Island City. They may be used-

(a)      on any plot in the same ward as that in which they have originated (neither ward being in the Island City), or

(b)      on any plot lying to the north (wholly or partially) of the plot in which they have originated (but not in the Island City).

(11)   A DRC shall not be valid for use on receivable plots in the areas listed below:-

(a)      Between the tracks of the Western Railway and the Swami Vivekanand Road;

(b)      Between the tracks of the Western Railway and the Western Express Highway;

(c)      Between the tracks of the Central Railway (Main Line) and the Lal Bahadur Shastri Road;

(d)      On plots falling within 50 m. on roads on which no new shops are permitted as specified in sub-regulation (2) of Regulation 52.

(e)      Coastal areas and areas in No Development Zones, Tourism Development Zones and areas for which the Bombay Metropolitan Region Development Authority or Maharashtra Housing and Area Development Authority is the Special Planning Authority;

[33](f) On plots for housing schemes of slum dwellers for which additional FSI is permissible under sub-regulation (10) of Regulation 33. However, in cases where non-slum plot is amalgamated with the slum plot for the purpose of better planning etc., then DRC will be receivable on the non-slum plot. In such cased utilisation of DCR shall be governed as per procedure and provisions stipulated in Appendix VII-A and Appendix VII-B of DCR-1991.

(g)   Areas where the permissible FSI is less than 1.0.

[34][(h) on plots situated in 'M' word except TDR generated from 'M' ward and slum TDR generated elsewere]

(12)   DRCs may be used on one or more plots of land whether vacant or already developed or by the erection of additional storeys or in any other manner consistent with these Regulations but not so as to exceed in any plot a total built-up FSI higher than that prescribed in Regulation 14 in this Appendix.

(13)   [35][The FSI of receiving plot shall be allowed to be exceeded by not more than 0.8 earned either by way of a DR in respect of reserved plots as, in this Appendix or by way of land surrendered for road widening or construction of new roads according to sub-regulation No. (I) of Regulation 33 or by way of both provided that in case the receiving plot is situated in the areas listed in categories specified in clause (a) to (g) of regulation 11 of Appendix VII of these Regulations the same shall not be allowed to be further loaded by way of TDR beyond the limit already specified in these regulations.]

[36][However. such FSI on the receiving plots under regulation 56(3) (c)(ii) and 57(4)(c)(ii) shall be allowed on 100 per cent of net plot area after deducting the required public amenity space.]

(14)   DRs will be granted and DRCs issued only after the reserved land is surrendered to the Corporation where it is Appropriate Authority, otherwise to the State Government, as the case may be, free of cost and free of encumbrances after the owner or lessee has leveled the land to the surrounding ground level and after he has constructed a 1.5 m. high compound wall (or at a height stipulated by the Commissioner) with a gate at the cost of the owner, and to the satisfaction of the Commissioner, or the State Government (where the Corporation is not the appropriate authority). The cost of any transaction involved shall be borne by the owner or lessee.

(15)   With an application for development permission, where an owner seeks utilisation of DRs, he shall submit the DRC, to the Commissioner who shall endorse thereon in writing, in figures and words, the quantum of the DRC proposed to be utilised, before granting development permission, and when the development is complete, the Commissioner shall endorse on the DRC in writing, in figures and words, the quantum of DRs actually utilised and the balance remaining thereafter, if any, before issue of occupation certificate.

(16)   A DRC shall be issued by the Commissioner himself as a certificate printed on bond paper in an appropriate form prescribed by Commissioner. Such a certificate will be transferable "negotiable instrument" after due authentication by the Commissioner. The Commissioner shall maintain a register in a form considered appropriate by him of all transactions, etc- relating to grant of utilisation of DRs.

(17)   The surrendered reserved land for which a DRC is to be issued shall vest in the Corporation or the State Government, if the appropriate authority is other than the Corporation, and such land shall be transferred in the City Survey Records in the name of the Corporation or the State Government, as the case may be, and shall vest absolutely in the Corporation or the State Government. The surrendered land, so transferred to the State Government in respect of which the Corporation is not the appropriate authority, may on application, thereafter be allotted by the State Government in favour of the concerned authority, which may be a State or Central Government Department, authority or organisation, or an other public authority or organisation on appropriate terms as may be decided by the State Government.

(18)   The Commissioner/appropriate authority shall draw up in advance and make public from time to time a phased annual programme (allowing a 10 per I cent variation to deal with emergency development) for utilisation of TDRs in the form of DRs, prioritising revised (draft or sanctioned) development plan reservations to be allowed to be surrendered and indicating the areas for their utilisation on receiving plots. Notwithstanding this, in urgent cases, the Commissioner/appropriate authority, may, for reasons to be recorded in writing, grant DRs, as and when considered appropriate and necessary.

(19)   [37][Notwithstanding anything contained in these Regulations, additional FSI upto to the extent of 50% permissible as per the provisions under Regulation 33(2) may be allowed to be utilised in the form of TDR (except in the Island City) in case of buildings on independent plots of Medical Institutions of Public Charitable trusts [38][Private Medical Institutions] provided that utilisation of TDR will be allowed only after availing of fully the remaining additional FSI of 50% requiring the payment of premium.]

(20)   [39][Notwithstanding anything contained in these Regulations, additional FSI upto to the extent of 50% permissible as per the provisions under Regulation 33(2) may be allowed to be utilised in the form of TDR (except in the Island City and non-receivable plots for TDR as per clause 11 of Appendix VII of the said Regulations in case of buildings on independent plots of Educational Buildings of Public Charitable Trusts, provided that utilisation of TDR will be allowed only after availing of fully the remaining additional FSI of 50% requiring the payment of premium.]

 

[40][APPENDIX VIIA

(Regulation No. 67)

Regulations for the Grant of Transferable Development Right to Owners/Lessees of Heritage Buildings/Heritage Precincts and Conditions for Grant of such Rights

(1)     As provided in Regulation 67(6) Development Rights of the owner/ lessee of any Heritage buildings who suffers loss of Development Rights due to any restrictions imposed by the Commissioner or Government under Regulation 67 shall be eligible for award of Transferable Development Rights (TDR) in the form of Floor Space Index (FSI) to the extent and on the conditions set out below. Such award will entitle the owner of the Heritage Building to FSI in the form of a Development Rights Certificate (DRC) which he may use himself or transfer to any other person.

(2)     A DRC will be issued only on the satisfactory compliance with, the conditions prescribed in this Appendix.

(3)     If a holder of a DRC intends to transfer it to any other person, he will submit the DRC to the Commissioner with an appropriate application for an endorsement of the new holders name, i.e. transferee on the said Certificate. Without such an endorsement by the commissioner himself, the transfer shall not be valid and the Certificate will be available for use only by the earlier original holder.

(4)     A holder of a DRC who desires to use the FSI credit certified therein on a particular plot of land shall attach to his application for development permission valid DRC's to the extent required.

(5)     DRCs may be used -

On any plot in the same ward as that in which they have originated or in any ward in the suburbs except as specified in [41][clause] (6) below.

(6)     A DRC shall not be valid for use on receivable plots in the areas listed below:-

(a)      On plots falling within 50 m. on roads on which no new shops are permitted as specified in sub-regulation (2) of Regulation 52.

(b)      Coastal areas and areas in No Development Zones, Tourism Development Zones, and areas for which the Bombay Metropolitan Region Development Authority or Maharashtra Housing and Area Development Authority is the Special Planning Authority;

(c)      On plots for housing schemes of slum dwellers for which additional FSI is permissible under sub-regulation (10) of Regulation 33;

(d)      Any heritage building;

(e)      Any heritage Precinct except with the prior approval of the Heritage Conservation Committee and subject to compliance with the regulations of the particular precinct.

(7)     The user that will be permitted for utilisation of the DRCs on account of transfer of development rights will be as under:-

(8)     DRCs may be used on one or more plots of lands whether vacant or already developed or by the erection of additional storeys, or in any other manner consistent with these Regulations, but not so as to exceed in any plot a total built-up FSI higher than that prescribed in clause 9 below in this Appendix.

(9)     The FSI of a receiving plot shall be allowed to be exceeded by not more than 0.4 in respect of a DR available in respect of a Heritage Buildings and Upto a further 0.4 in respect of a DR available in respect of land surrendered for road-widening or construction of new roads [according to sub-regulation (1) of Regulation 33], where the said road as shown as passing through the receiving plot itself.

(10)   With an application for development permission, where an owner/lessee seeks utilisation of DRs, he shall submit the DRC to the Commissioner who shall endorse thereon in writing in figures and words the quantum of the DRC proposed to be utilised, before granting development permission and when the development is complete, the Commissioner shall endorse on the DRC in writing, in figures and words the quantum of DRs actually utilised and the balance remaining thereafter, if any, before issue of occupation certificate.

(11)   A DRC shall be issued by the Commissioner himself as a certificate printed on bond paper in an appropriate form prescribed by Commissioner. Such a certificate will be a transferable "negotiable instrument" after due authentication by the Commissioner. The Commissioner shall maintain a register in a form considered appropriate by him of all transactions, etc. relating to grant of utilisation of [42][DRC].

 

[43][APPENDIX VIIB

Regulations for the grant of TDR to the developers/Co-operative Housing Societies/NGO's in respect of slum, rehabilitation scheme vide DCR 33(10) and DCR 33(14)-

(1)     The developer/society/NGO on a plot of land for which the Slum Rehabilitation Project is sanctioned under these Regulations shall be eligible for the award of TDR for the FSI, if any in excess of 2.5 or as may be specifically permitted by the Chief Executive Officer Slum Rehabilitation Authority.

(2)     DCR for the TDR will be issued by the Commissioner, Brihan Mumbai Municipal Corporation himself on recommendation by Chief Executive Officer, Slum Rehabilitation Authority. The FSI credit in square metre of built -up area will be stated in figures and in words, the place where TDR is earned.

(3)     The built-up area for the grant of DRC shall be equal to the FSI of the sanctioned Slum Rehabilitation Project allowed to be taken in the form of TDR.

(4)     When a buildable amenity on the reserved plot for which slum rehabilitation Project is sanctioned and handed over free of cost to the Municipal Corporation, the Commissioner may grant a further TDR due for the construction of the said amenity, and in accordance with the general policy of the Municipal Corporation in this regard.

(5)     A DRC will be issued only on the satisfactory compliance with the conditions prescribed in this Appendix as well as in Appendix IV.

(6)     If the holder of a DRC intends to transfer it to any other person/s he will submit it to the Commissioner with an appropriate endorsement to the new holder's name. Without such endorsement by the Commissioner himself, the transfer shall not be valid, and will be available for use only by the original holder.

(7)     A holder of a DRC who desires to use the FSI credit certified therein on a particular plot shall attach to his application for development permission valid DRCs to the extent required.

(8)     Irrespective of the location in which they originate, DRCs shall not be used in the Island city.

(9)     Notwithstanding any provisions contained in Appendix VII-A, the DRCs may be used -

(a)      On any plot in the same ward in which TDR has originated, the ward not being in the Island City

(b)      On any plot lying to the north wholly or partly of the plot in which TDR originated the plot not being in the Island city.

(10)   A DRC shall not be valid for use on receivable plots in the area listed below:-

(i)       Coastal Regulation Zone-I and- areas in NDZ, TDZ and the areas for which the MMRDA has been appointed Special Planning Authority.

2(ii) On plots where Slum Rehabilitation Projects have been taken up or are possible. However in cases where a non-slum plot is amalgamated with a slum plot then DRC shall be valid for use on non-slum plot. In such cases utilisation of DRC shall be governed as per procedure and provisions stipulated in Appendix VIIA and Appendix VII B of DCR 1991.

(iii)   Areas where the permissible FSI is less than 1.0 FSI except "M" Ward.

(iv)   Heritage buildings and precincts notified under DC Regulation No. 67.

(11)   Notwithstanding the provisions in Appendix VII-A, sub-regulation 12, the use of DRC on the TDR receiving plot will be subject to the same regulations that are applicable to the TDR receiving plot. There will be no restrictions on which zone TDR can be received except the provisions in sub-regulation 9 and 10 above.

(12)   The DRC may be used on one or more plots of land whether vacant or already developed by the erection of additional floors or in any other manner consistent with these regulations but not so as to exceed the FSI prescribed below.

(13)   Any TDR receiving plot shall not be eligible for more than 100 per cent additional FSI in whichever combination TDRs are received provided at least 20 percent of the FSI shall be mandatorily kept for use of TDR generated as surplus from slum rehabilitation scheme. The source of TDR could be from slum redevelopment, DP reservations or DP road going through TDR receiving plot.

(14)   Before granting development permission to use TDR in full or in part the Commissioner shall endorse in writing in figures and in words the quantum of DRC proposed to be utilised in that development permission.

(15)   A DRC shall be issued by the Commissioner himself as a certificate printed on bond paper in an appropriate form prescribed by the Commissioner. Such a certificate shall be a transferable/negotiable instrument after due authentication by the Commissioner.

(16)   The Commissioner shall maintain a register in a form considered appropriate by him of all transactions relating grant or utilisation of DRCs arising out of slum rehab projects. From time to time at least once in three months these transactions shall be published in the Maharashtra Government Gazette for the information of the public provided however the utilisation of TDR/DRCs shall not be dependent upon any such publication.

(17)   Wherever TDR arising out of slum rehabilitation project is received, the relaxation as required shall be given for such slum TDR on the same basis as for free sale component in the slum rehabilitation project.

 

APPENDIX VIII

(Regulation 42)

Additional Fire Protection Requirements for Multi-storeyed High Rise and Special Buildings

1. General

(1)     In addition to the provisions of Part IV Fire Protection National Building Code of India, the Chief Fire Officer may insist on suitable provisions in multi-storeyed high rise and special buildings or premises from the fire safety and fire-fighting point of view depending on their occupancy and height.

2. Construction

(1)     Building Materials. -

(i)       Load bearing elements of construction and elements of construction for which the required fire resistance is one hour or more shall be of non-combustible material. Interior finish material's (wall panellings floor coverings etc.) may be permitted of materials having their rating for flame spread and smoke developed not exceeding a very low flame spread limit in accordance with IS: 1642, 1960 (Class I). Ceiling linkings shall be non-combustible or of plasterboard.

(ii)      Stairways and corridors shall not contain combustible materials.

(2)     Structural members such as supports and load bearing wails shall have fire resistance rating of 3 hours transoms and ceilings at least 2 hours.

(3)     Internal walls and partitions separating corridors from areas on floors that are used for any purpose other than circulation shall have a fire resistance of not less than one hour. There shall be no openings in such walls other than for doors or delivery hatches with fire resistance not less than half an hour. Fire sections (fire walls) sub-dividing the building to prevent fire spread shall have a fire resistance rating not less than two hours.

(4)     Facades excluding windows and doors shall consist of non-combustible building materials. The minimum distance between the top of the opening on a lower floor and the sill of that on the floor above it shall be 0.9 m. so that the fire would have to travel at least 0.9 m. between storeys.

3. Staircase enclosures

(1)     The internal enclosing walls of staircases shall be of brick or R.C.C. construction with a fire resistance of not less than two hours. All enclosed staircases shall be reached via a ventilated lobby and shall have access through self-closing doors of at least half an hour fire resistance. These shall be single swing doors opening in the direction of the escape. The door shall be fitted with check section door closers. The floor landing of staircases shall not form part of common corridor.

(2)     The staircase enclosure on the external wall of a building shall be ventilated to the atmosphere at each landing or mid-landing.

(3)     A permanent vent at the top equal to 5 percent of the cross sectional area of the enclosure and openable sashes at each landing level with area not less than 0.5 sq.m. on the external wall shall be provided. The roof of the shaft shall be at least 1 m. above the surrounding roof. There shall be no glazing or glass bricks in any internal enclosing wall of a staircase. If the staircase is in the core of the building and cannot be ventilated at each landing, a positive pressure of 5 mm. water gauge by an electrically operated blower shall be maintained.

(4)     The mechanism for pressuring the staircase shaft shall be so installed that it operates automatically and also manually when the automatic fire alarm operates.

4. Lift enclosures

(1)     The walls enclosing the lift shafts shall have a fire resistance of not less than two hours. Shafts shall have permanent vents at the top not less than 1800 m.m. (0.2 sq.m.) in clear area. Lift motor rooms should preferably be sited at the top of the shaft and shall be separated from lift shafts by the enclosing wall of the shaft or by the floor of the motor rooms.

(2)     Landing doors in lift enclosures shall open into the ventilated or pressurised corridor/lobby and shall have fire resistance of not less than one hour.

(3)     The number of lifts in one lift bank shall not exceed four. The shaft for the fire lift in a lift bank shall be separated from each other by a brick masonry or R.C.C. wall of fire resistance of not less than two hours. Lift car doors shall have fire resistance of not less than one hour.

(4)     If the lift shaft and lift lobby are in the core of the building, a positive pressure of not less than 2.5 mm. and-not more than 3 mm. water gauge by an electrically operated blower shall be maintained in the lift lobby and positive pressure of not less than 5 mm. water gauge shall be maintained in the lift shaft. The mechanism for pressurising the lift shaft and lift lobby shall be so installed that they shall operate automatically when the automatic fire alarm operates. The mechanism shall have facilities to operate manually.

(5)     Exit from the lift lobby, if located in the core of the building, shall be through a self closing smoke stop door of a half-hour fire resistance.

(6)     The lift machine room shall be separate and no other machinery shall be installed therein.

(7)     Lifts shall not normally communicate with the basement. However, one of the lifts may be permitted to reach the basement level provided the lift lobby at each basement level is pressurised and separated from the rest of the basement areas, by a smoke-actuated fire resisting door of two hours fire resistance. These doors can also be kept in hold-open position by an electromagnetic device to be linked with a smoke detector.

5. External windows

The area of the openable external windows on a floor shall be not less than 21 percent of the floor area. The locks for these windows shall be fitted with budget lock of the carriage key type (which can be opened with the point of a fireman's' axe).

6. Fire Lifts

The following provisions shall be made for a fire lift :-

(a)      To enable fire services personnel to reach the upper floors with minimum delay, one or more of the lifts shall be so designed as to be available for the exclusive use of such personnel in an emergency and be directly accessible to every dwelling/lettable floor space of each floor.

(b)      The lift shall have a floor area of not less than 1.4 sq.m. with a minimum dimension of 1.12 m. It shall have a loading capacity of not less than 545 kg. (8 persons lift) with automatic closing doors.

(c)      There shall be an alternate electric supply from a generator of an adequate capacity apart from the electric supply in the building and the cables shall run in a route safe from fire i.e. within the lift shaft. In case of failure of normal electric supply, it shall automatically trip over to alternate supply. For apartment buildings, this change over of supply could be done through a manually operated change-over switch.

(d)      The operation of a fire lift shall be by a simple toggle or two button switch situated in a glass fronted box adjacent to the lift at the entrance level. When the switch is on, landing call-points will become inoperative and the lift will be on care control only or on priority control device. When the switch is off, the lift will return to normal working. This lifts can be used by the occupants in normal times.

(e)      The words "FIRE LIFT" shall be conspicuously displayed in fluorescent paint on the lift landing doors at each floor level.

(f)       Collapsible gates shall not be permitted for lifts; the lifts shall have solid doors with fire resistance of at least one hour.

(g)      The speed of the fire lift shall be such that it can reach the top floor from ground level within one minute.

7. Basements

(1)     Each basement shall be separately ventilated. Vents with cross, sectional area (aggregate) not less than 2.5 per cent of the floor area spread evenly around the perimeter of the basement shall be provided in the form of grills or breakable stall boards lights or pavement lights or by way of shafts. Alternatively, a system of air inlets shall be provided at basement floor level and smoke outlets at basement ceiling level. Inlets and outlets may be terminated at ground level with stall boards or pavement lights as before but ducts to convey fresh air to the basement floor level shall have to be laid. Stallboards and pavement lights should be in positions easily accessible to the Fire Brigade personnel and rescue teams and clearly marked "SMOKE OUTLET" or "AIR INLET" with an indication of area served at or near the opening.

(2)     The staircase of basements shall (a) be of enclosed type having fire resistance of not less than two hours; (b) be situated at the periphery of the basement to be entered at ground level only from the open air and in such a position that smoke from any fire in the basement shall not enter any exit serving the ground and upper storeys of the building; and (c) communicate with the basement through a lobby provided with fire-resisting self-closing doors of one hour fire resistance. If the travel distance exceeds 18.50 m. additional staircases at proper places shall be provided.

(3)     Intake ducts may serve all basement levels but each basement and basement compartment shall have separate smoke outlet duct or ducts.

(4)     Mechanical extractors for smoke-venting system from lower basement levels shall also be provided. The system shall be of such design as to operate on actuation of heat sensitive detectors or sprinklers if installed and shall have a considerably higher performance than the standard units. The system should also have shall an arrangement to start it manually and shall be designed to function at a temperature not less than 550øC.

(5)     Kitchens working on gas fuel, department stores and shops shall not be permitted in basements.

8. Floor Space Division (Fire Sections)

If the undivided floor space on a floor exceeds 750 sq.m. it shall be separated into compartments each not exceeding 750 sq.m. by means of fire walls of not less than two hours fire resistance. In extended buildings, fire walls should be erected at distances not exceeding 40 m. For floors with sprinklers, the area mentioned above may be increased by 50 percent.

9. Service ducts

(1)     Service ducts shall be enclosed by walls having a fire resistance of not less than two hours. Doors for inspection or access shall also have a fire resistance of not less than two hours.

(2)     If the cross sectional area of a duct exceeds 1 sq.m. it shall be sealed where it passes a floor with non-combustible light material. The seal within the duct may be pierced for any service pipe or ventilation trunk and shall fit as closely as possible around any such pipe or trunk.

(3)     A permanent vent shall be provided at the top of the service shaft of cross-sectional area not less than 460 sq.cm. or 6.25 cm. for each 900 sq.cm. of the area of the shaft, whichever is more.

10. Refuse chutes and refuse chambers

(1)     Hoppers under refuse chutes shall be situated in a well ventilated position and the chutes shall be continued upwards with an outlet above roof level and with an enclosure wall of non-combustible material with fire resistance of not less than two hours. The hoppers shall not be located within the staircase enclosures.

(2)     Inspection panels and hopper (charging station) openings shall be fitted with light fitting metal doors, covers, having a fire resistance of not less than one hour. Flap doors/covers i.e. push-in or lift-up type shall not be permitted.

(3)     Refuse chutes shall not be provided in staircase walls and air conditioning shafts, etc.

(4)     Refuse chambers shall have walls and floors or roofs constructed of non-combustible and impervious material and shall have a fire resistance of not less than two hours. They shall be located at a safe distance from exit routes.

11. Building Services

(1)     Electrical Services. -

(a)      The electric distribution cables/wiring shall be laid in a separate duct. The duct shall be sealed at every alternate floor with non combustible materials having the same fire resistance as that of the duct.

(b)      Water mains, telephone lines inter-com lines, gas pipes or any other service fine shall not be laid in the duct for electric cables.

(c)      Separate circuits for water pumps, lifts staircase and corridor lighting and blowers for the pressurising system shall be provided directly from the main switch gear panel and these circuits shall be laid in separate conduit pipes so that a fire in one circuit will not affect the others. Master switches controlling essential services circuits shall be clearly labelled.

(d)      The inspection panel doors and any other opening in the shaft shall be provided with air-tight fire doors having a fire resistance of not less than two hours.

(e)      Medium and low voltage wiring running in shafts, and within a false ceiling, shall run in metal conduits.

(f)       An independent and well ventilated service room shall be provided on the ground floor with direct access from outside or from the corridor for the purpose of termination of electric supply from the licensees' service and alternative supply cables. The doors provided for the service room shall have fire resistance of not less than two hours.

(g)      If the licensees agree to provide meters on upper floors, the licensees' cables shall be segregated from consumers' cables by a partition in the duct. Meter rooms on upper floors shall not open into staircase enclosures and shall be ventilated directly to open air outside.

(h)     PVC cables should have an additional sheathing or protection provided by compounds sprayed on after installation.

(2)     Town gas/L P. Gas Supply pipes.-These pipes shall be run in shafts exclusively for this purpose and shall be on external walls, away from the staircases. There shall be no interconnection between these shafts and the rest of the floors. Gas meters shall be housed in a suitable constructed metal cupboard located in a well ventilated space at ground level.

(3)     Staircase and Corridor Lightings.-

(a)      The staircase and corridor lighting shall be on separate circuits and shall be independently connected so that they could be operated by one switch installation on the ground floor easily accessible to fire-fighting staff at any time irrespective of the position of the individual control of the light points, if any,

(b)      Staircase and corridor lighting shall also be connected to alternate supply as defined in sub-regulation (4). However, for assembly and institutional buildings less than 24 m. when the alternate source of supply may be provided by battery continuously trickle-charged from the electric mains.

(c)      Double throw switches should be installed to ensure that the lighting in the staircase and the corridor do not get connected to two sources of supply simultaneously. A double throw switch shall be installed in the service room to terminate the stand-by supply.

(d)      Emergency lights shall be provided in the staircases/corridors for multi-storeyed high rise and special buildings.

(4)     Alternate source of electric supply.-A stand-by electric generator shall be installed to supply power to staircase and corridor lighting circuits, fire lifts, the stand-by fire pump, pressurisation fans and blowers, smoke extraction and damper systems in case of failure of normals electric supply. The generator shall be capable of taking starting current of all the machine and circuits stated above simultaneously. If the stand-by pump is driven by diesel engine, the generator supply need not be connected to the stand-by pump.

(5)     Transformers-

(a)      If transformers are housed in a basement, they shall be necessarily in the first basement in a separate fire resisting room of four hours rating at the periphery of the basement. The rooms shall be protected by carbon dioxide or BCG fixed installation system to protect transformers. The entrance to the room shall be provided with a steel door of two hours fire rating. A curb (sill) of a suitable height shall be provided at the entrance in order to prevent the flow of oil from a ruptured transformer into other parts of the basement. Direct access to the transformer room shall be provided preferably from outside. The switch gears shall be housed in a separate room separated from the transformer bays by a fire resisting wail with fire resistance of not less than four hours.

(b)      If housed in basement the transformer shall be protected by an automatic high pressure water spray system (emulsifying).

(c)      Transformers housed at ground floor level shall be cut-off from the other portion of the premises by fire resisting walls of four hours' fire resistance.

(d)      They shall not be housed on upper floors.

(e)      A tank of R.C.C. construction of capacity capable of accommodating the entire oil of the transformers shall be provided at lower level to collect the oil from the catch-pit in an emergency. The pipe connecting the catch-pit to the tank shall be of non-combustible construction and shall be provided with a flame-arrester.

(6)     Air-conditioning-

(a)      Escape routes like staircases, common corridors lift lobbies etc. shall not be used as return air passages.

(b)      The ducting shall be constructed of substantial gauge metal in accordance with 15:655-1963 Metal Air Ducts (Revised).

(c)      Wherever the ducts pass through fire-walls or floors, the opening around the ducts shall be sealed with fire-resisting materials such as asbestos rope or verniculite concrete glass wool.

(d)      As far as possible metallic ducts shall be used even for the return air instead of space above the false ceiling.

(e)      The materials used for insulating the duct system (inside or outside) shall be of non-combustible materials such as glass wool, spun glass with neoprene facing.

(f)       Area more than 750 sq.m. on an individual floor shall be segregated by a fire wall and automatic fire dampers for isolation shall be provided where the ducts pass through fire walls. The fire dampers shall be capable of operating manually.

(g)      Air ducts serving main floor areas, corridor etc. shall not pass through the staircase enclosure.

(h)     The air handling units shall as far as possible be separate for each floor and air ducts for every floor shall be separate and in no way interconnected with the ducting of any other floors.

(i)       Automatic fire dampers shall be provided at the inlet of the fresh air duct and the return air duct of each compartment on every floor. They shall be so arranged as to close by gravity in the direction of the air movement and to remain tightly closed upon operation of a smoke detector.

(j)       If the air handling unit serves more than one floor, the requirements given above shall be complied with in addition to the conditions given below :-

(i)       Proper arrangements by way of automatic fire dampers working on smoke detectors for isolating all ducting at every floor from the main riser shall be made.

(ii)      When the automatic fire alarm operates, the respective air handling units of the air-conditioning system shall automatically be switched off.

(k)      The air filters of the air-handling units shall be of non combustible materials.

(l)       The air handling unit room shall not be used for storage of any combustible materials.

(m)    Inspection panels shall be provided in main trunking to facilitate the cleaning of the duct of accumulated dust and to obtain access for maintenance of fire dampers.

(n)     No combustible material shall be fixed nearer than 15 cm. to any duct unless such duct is properly enclosed and protected with noncombustible material (glass wool or spun glass with neoprene facing enclosed and wrapped with aluminium sheeting) at least 3.2 mm. thick and which does not readily conduct heat.

(o)      Materials used for false ceilings, runners and suspenders shall be of non-combustible type.

(7)     Boiler Room.-Boiler and boiler rooms shall conform to the Indian boilers Act. The following additional aspects should be taken into account in the location of boiler/boiler room:-

(a)      Boilers shall not be allowed in a lower basement but may be allowed in basements at first level and away from the escape routes.

(b)      The boilers shall be installed in a fire-resisting room of 4 hours fire resistance rating situated on the periphery of the basement. Catch-pit shall be provided at the low level.

(c)      Entry to this room shall be provided with a composite door of two hours' fire resistance.

(d)      The boiler room shall be provided with fresh air inlets and smoke exhausts directly to the atmosphere.

(e)      The furnace oil tank for the boiler, if located in the adjoining room, shall be separated by fire resisting walls 4 hours' rating. The entrance to this room shall be provided with double composite doors. A kerb of suitable height shall be provided at the entrance in order to prevent the flow of oil into the boiler room in case of tank rupture.

(f)       Foam inlets shall be provided on the external walls of the building near the ground level to enable the fire services to use foam in case of fire.

12. Provision of First Aid and Fire-fighting Appliances

(1)     First-aid fire fighting equipment shall be provided on all floors including basements, lift rooms, etc. in accordance with IS:2217 1963 Recommendations for providing First-Aid Fire Fighting Arrangements in Public Buildings.

(2)     The fire fighting appliances shall be distributed over the building in accordance with IS:2190-1971 Code of Practice for Selection, Installation and Maintenance of Portable First-Aid Fire Appliances.

13. Fixed Fire Fighting Installations

(1)     Buildings shall be protected by wet riser, wet riser-cum-down comer, automatic sprinkler, installation, high pressure water spray or foam generating system as prescribed in sub-regulation (2) to (7) below :-

(2)     The wet riser/riser-cum-down comers installation with capacity of water storage tanks and fire pumps shall conform to the requirements specified in Table 24 hereunder.

Note 1. Any of the above categories may incorporate an automatic sprinkler/adrencher system if the risk is such that it requires such protective methods.

Note 2. A minimum of two hydrants shall be provided within a courtyard.

Note 3. Wet riser-cum-down comer is an arrangement for fire fighting within the building by means of vertical rising mains of not less than 10 cm. internal dia. with hydrant and hose reel on each floor landing connected to an overhead water storage tank for fire fighting purpose, through a booster pump, check valve and a non-return valve near the tank end and a fire pump, gate and non-return valve over the underground static tank. A fire service inlet at ground level filled with a non-return valve shall also be provided to the rising main for charging it by a fire service pump in case of failure of static fire pumps over the underground static tank. (Fig. 2).

Note 4. The performance of pumps specified above shall be at R.P.M. not exceeding 2,000.

Note 5. The above quantities of water shall be exclusively for fire fighting and shall not be utilised for domestic or other use. The layout of underground static water tank shall be as per sketch attached.

Note 6. The size of the riser in non-residential buildings over 24 m. high shall be 15 cm. (internal dia) with twin hydrant outlets and hose reel on each floor.

Note 7. A facility to boost water pressure in the riser directly from the mobile pump shall also be provided to the wet riser system with suitable fire service inlets (collecting head with two 63 mm. inlets for 10 cm. rising main and four 63 mm. inlets with check valves for 15 cm. dia. rising main) and a non-return valve and a gate valve.

Note 8. Hose Reel-The Internal diameter of rubber hose for the hose reel shall be a minimum of 19 mm. A shut-off branch with a nozzle of 4.8 mm. size shall be provided.

(3)     Wet Riser Installations. -They shall conform to IS:3644-1966 Code of Practice for Installations of Internal Fire Hydrants in' multi-storeyed or high-rise buildings. In addition, the wet riser shall be designed for zonal distribution ensuring that unduly high pressure does not develop in risers and hose pipes.

(4)     In addition to wet riser, wet riser cum down comer, first aid hose reels shall be installed on the floors of buildings above 24 m. and shall conform to IS:884-1969 Specifications for First Aid Hose Reel for Fire Fighting (Fixed Installation). The first aid hose reel shall be connected to one of the female couplings of twin couplings of landing valves directly to the wet riser in the case of single outlet of the wet riser installations by means of adapter :-

(i)       Static Water Storage Tank - A satisfactory supply of water for the purpose of fire fighting shall always be available in the form of an underground static storage tank with capacity specified for each building with arrangements of replenishment by main or alternative source of supply at 1000 litres per minute. The static storage water supply should easily be accessible to fire engines. Provision of suitable number of manholes shall be made available for immersion repairs and inspection of suction hose etc. The covering slab shall be able to withstand a vehicular load of 18 tonnes. The domestic suction tank connected to the static water storage tank shall have an overflow capable of discharging 2250 litres per minute to a visible drain point from which by a separate conduit the overflow shall be conveyed to a storm water drain.

(ii)      To prevent stagnation of water in the static water storage tank the suction tank of the domestic water supply shall be fed only through an overflow arrangement to maintain the level therein at the minimum specified capacity (see Fig. 1).

(iii)     The static water storage tank shall be provided with a fire brigade collecting breaching with four 63 mm. dia. (two of 63 mm. dia for pump with capacity 1400 litres/minute) instantaneous male inlets arranged in a valve box at a suitable point at street level and connected to the static tank by a suitable fixed pipe of not less than 15 cm. dia. to discharge water into the tank when required at a rate of 2250 litres per minute.

(iv)    Typical layout of wet riser-cum-down comer are shown in Figures 3 and 4.

(v)      Automatic Sprinklers - Auto-sprinklers shall be installed-

(a)      in basements used as car parks except in apartment buildings and residential hotels if the area exceeds 500 sq.m.

(b)      in basements of multi-storeyed and high rise buildings used as car parks and for permissible essential services ancillary to a particular occupancy;

(c)      in any room or other compartment of a building exceeding 500 sq.m.;

(d)      in department stores or shops in an area exceeding total of 750 sq.m.;

(e)      in all non-domestic floors of mixed occupancy considered to constitute a hazard and not provided with staircase independent of the remainder of a building;

(f)       in godowns and warehouses as considered necessary;

(g)      in dressing rooms, scenery decks, stages and stage basements of theatres.

(5)     Automatic High Pressure Water Spray (emulsifying).-This system shall be provided for protection of indoor transformers of a substation in a basement area.

(6)     Foam Generating System.-This system shall be provided for protection of boiler rooms with ancillary storage of furnace oils in a basement.

(7)     Carbon-dioxide (CO2) Fire Extinguishing System.-Fixed CO2 fire extinguishing installation shall be provided as per IS.:-6382-1971 Code of Practice for Design and Installation of Fixed CO2 Fire Extinguishing System on premises where water or foam cannot be used for extinguishing fire because of the special nature of the contents of the buildings/areas to be protected. Where possible, BCF installation may be provided instead of CO2 installation.

14. Fire Alarm System

All buildings mentioned below shall be equipped with fire alarm systems as given below:-

(i)       Special buildings above 15m. in height and Business and industrial buildings above 24 m. In height-

(a)      Such buildings shall be equipped with a manually-operated electrical fire alarm system with one or more call boxes located at each floor. The call boxes shall be so located that one or the other of them shall be accessible to all occupants of the floor without having to travel more than 22.5m.

(b)      The call boxes shall be of the "break glass" type without any moving parts were the call is transmitted automatically to the control room without any other action on the part of the person operating the call box.

(c)      All call boxes shall be wired in a closed circuit to a control panel in the control room located as given in this rule so that the floor number where the call box is actuated is clearly indicated on the control panel. The circuit shall also include one or more batteries with a capacity of 48 hours normal working at full load. The battery shall be arranged to be continuously trickle-charged from the electric mains. The circuit may be connected to an alternate source of electric supply as in sub-regulation (4) in Regulation 11 in this Appendix.

(d)      The call boxes shall be arranged to sound one or more sounders so as to ensure that all occupants of the building are warned whenever any call box is actuated.

(e)      The call boxes shall be so installed that they do not obstruct the exit-ways and yet their location can easily be noticed from either directions. The base of the call box shall be at a height of 1 m. from the floor level.

(ii)      All other buildings exceeding 24 m. height excluding those mentioned in clause (i) above.- These buildings shall, in addition to the manually-operated electrical fire alarm system, be equipped with an automatic fire alarm system. The latter shall be in addition to any automatic fire-extinguishing system installed in any particular occupancy in accordance with these rules. The detectors for the automatic, fire alarm shall conform to the relevant IS Specification Heat Smoke Sensitive Type Fire Detector and the system shall be installed in accordance with IS:2189-1976 Code of Practice for Automatic Fire Alarm System of any other relevant Indian Standard, prescribed from time to time:

Provided that no automatic detector shall be required in any room or portion of a building which is equipped with an approved installation of automatic sprinklers.

15. Lightning Protection of Buildings

The lightning protection systems for buildings shall be in accordance with the provisions of Part III, National Building Code of India.

16. Control Room

For all buildings mentioned in Regulation 14 in this Appendix except residential buildings, there shall be a control room on the entrance floor of the building with communication system (suitable public address system) to all floor plans along with the details of fire fighting equipment and installations shall be maintained in the control room. The control room shall also have facilities to detect a fire on any floor through indicator boards connecting fire detecting and alarm systems on all floors. The staff in charge of the control room shall be responsible for the maintenance of the various services and fire fighting equipment and installations. Control room shall be manned round the clock.

17. Fire drills and fire orders

Fire notices/orders shall be prepared indicating the requirements of fire fighting and evacuation of the building in the event of fire or other emergency. Occupants shall be thoroughly familiarised with their contents and action needed in the event of an emergency. Such notices should be displayed prominently.

18. With the approval of Government, the Commissioner, in consultation with the Chief Fire Officer, may from time to time, add to, alter or amend the provisions in this Appendix.

1(19) (i) Manner of providing refuge area :-

(a)      The refuge area shall be so located that it shall preferably face the access road/or otherwise face the wider open space of the side of the building perpendicular to the main access road.

(b)      The cantilevered refuge area on cantilever will be permissible at the mid-landing of the staircase only. All other refuge areas shall be within the building line only.

(c)      The cantilevered refuge area shall necessarily be of RCC.Type.

(d)      The refuge area shall be provided with railing/parapet of 1.20 mt.

(e)      RCC covering shall be provided above the topmost cantilever refuge area.

(f)       The Refuge area shall have a door which shall be painted or fixed with a sign in luminous paint mentioning "REFUGE AREA".

(g)      The lift/s shall not be permitted to open into the refuge areas.

(h)     The refuge area provided within building line shall be accessible form common passage/staircase.

(ii) Use of refuge area :-

(a)      The refuge area shall be earmarked exclusively for the use of occupants as temporary shelter and for the use of Fire Brigade Department or any other organization dealing with fire or other emergencies when occur in the building and also for exercise/drills if conducted by the Fire Brigade Department.

(b)      The refuge areas shall not be allowed to be used for any other purpose and it shall be the responsibility of the owner/occupier to maintain the same clean and free of encumbrances and encroachments at all times

(iii) Facilities to be provided at refuge area :-

(a)      Adequate emergency lighting facility shall be provided.

(iv) Terrace floor as a refuge floor :-

(a)      The necessary facilities such as emergency lighting, drinking water etc. shall be provided.

(b)      The access door/s from the enclosed staircase/s to the terrace floor shall have louvers at top half portion of the door. The entrance doors to the terrace shall be painted of fixed with sign painted in luminous paint mentioning "REGUGE AREA".

 

Arrangement for providing combined Fire Fiction and Domestic Water Storage Tank as per

Figure 2

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Arrangement of wet riser-cum-down comer for apartment building above 19m. but not exceeding 34 m. in height

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Arrangement of wet riser-cum-down comer for apartment building exceeding 34 m.

Figure 4

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APPENDIX IX

(Regulation 12)

Regulations relating to Development in large Holdings in the Residential Zone

The following facilities will be available for residential development undertaken by a single developer as one scheme in a single plot of 20,000 sq.m. in area :-

(1)     A platform or podium may be built at floor 1 or 2 level but not over 7.5 m. from the level of the approach road to join residential building towers (subject to the lighting and ventilation requirements being fulfilled) and to cross over public roads adjoining this development, with the clearance of the Chief Fire Officer.

(2)     The recreational open space prescribed in these Regulations may be provided either at ground level or as an open to sky podium to be developed as lawn/garden.

(3)     A shopping centre may be provided exclusively within the building towers with no access or frontage on any public road. Such centre shall be limited in area to 5 percent of the total F.S.I.

(4)     If a public amenity like a kindergarten school, milk centre, electric sub-station, bus shelter, etc. is provided within the project the area of such facility not exceeding 5 percent of the total plot area shall be allowed free of F.S.I.

(5)     Pathways .-Pathways upto 2.5 m. wide connecting the residential tower buildings may be provided, covered by a roof with a clear height not exceeding 2.4 m. Such pathways shall be exclusively for pedestrian use and will be free of F.S.I.

(6)     The required open space from the boundary of the holding shall not be reduced by construction of a podium.

 

APPENDIX X

[Regulations 5(1). 5(3)(iii), (iv)]

Form of Notice and first Application for development Under Sections 44, 45, 58, 69 of the Maharashtra Regional and Town Planning Act 1966 and to erect building under Section 337, of the Bombay Municipal Corporation Act 1888

The ...........................................................

Municipal Corporation of Greater Bombay

Bombay.

Sir.

(1)     I intend to carry out development in the site/to erect, to re-erect/to make material alteration in the building ...........................................................on/in plot No./C. S. No./C.T.S. No. ...................................of.................................Division/Village/Town Planning Scheme No. .............................. situated at Road/Street, Ward ....................................................................... and in accordance with section 44, 45, 58, 69 of the Maharashtra Regional and Town Planning Act, 1966/Section 337, 342 of the Bombay Municipal Corporation Act, 1888, and the Maharashtra Development Plan Rules. 1970.

(2)     I enclose the following plans and statements (Items 1 to 6) wherever applicable, in quadruplicate, signed by (Name in block letters).................................... licensed surveyor/engineer/structural engineer supervisor, License No. or architect, who has prepared the plans and designs on my behalf and copies of other statements/documents as applicable (Item 7 to 12) :-

(1)     Key Plan (Location Plan)

(2)     Site Plan

(3)     Sub-division/layout plan

(4)     Building Plan

(5)     Particular of development in the form in Annexure I

(6)     Ownership Title

(7)     Attested copy of receipt for payment of building permit fee

(8)     Clearance certificate of municipal tax arrears.

(9)     No objection certificate/s, where required.

(10)   Appointment letter in favour of licensed technical person or architect.

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

(12)   Property register card, and city survey plan for plot in original signed by the Competent City Survey Authority, owner's affidavit regarding area of the plot and Architect's certificate for plot area along with area calculations by triangulation method.

Please approve the proposed development/construction and permit me to execute the work.

 

ANNEXURE I

(Part of Appendix X - Item 5)

Particulars Of Development

(1)     (a) (i) Applicant's Full Name

(in block letters)

(ii) Applicant's address

(b) Name and address of Licensed Surveyor/Engineer/Structural Engineer or Supervisor Architect employed ....................................................................................

(c) No. and date of issue of licence ......................................................valid upto ..................

(2)     Is the plot affected by any reservation or road lines? If so, are these correctly and clearly marked on the block plan?

(3)     *(a) What is the total area of the plot according to the document?

*(b) Does it tally with the Collector's record?

*(c) What is the actual area available on site measured by the licensed surveyor/architect/engineer/structural engineer/supervisor or architect?

(d) If there is any deduction in the original area of the plot on account of road lines or reservation? Please state the total area of such deductions.

(e) If so, what is the net area?

(f) Is the clearance under Urban Land (Ceiling and Regulation) Act, 1976 obtained? If so, what is the area allowed for development?

(Note.-Indicate details on the Site/Building Plan as in Form I)

(4)     Are all plans as required under Regulation 5(3) enclosed?.

(5)     (a) Is the plot part of a city triangulation survey number, revenue survey number or hiss a number or a final plot number (city survey number) of a Town Planning Schemes or a part of an approved layout? the zone?

(b) Please state sanction number and date of sub-division/layout.

(6)     (a) What zone does the plot fall ?

(b) What is the permissible Floor Space Index of the Zone?

(c) What is the number of tenements per net hectare permissible in the zone?

(7)     (a) Is the use of every room in the proposed work marked on the plans ?

(b) Is it in accordance with the Regulations?

(c) Does the building fall in the category of-

(i)       Special building as defined in Regulation 2(3)(11)(m) ?

(ii)      Multi-storeyed building or high rise building as defined in Regulation 2(3)(11)(i) ?

(8)     If the work is in connection with an industry-

(a)      Please briefly describe the main and accessory processes.

(b)      Please state the maximum number of workmen and the total KW likely to be employed per shift in the factory. Permission will be based on the minimum of areas in (a), (c) or (f) above.

(c)      Under what industrial classification does it fail? (Reference to relevant Regulation should be given).

(d)      Is the proposal for relocation of an existing industry? If so, give the name and address of the existing industry.

Note.-The permission will be based on the area which is minimum.

(e)      If the proposal is for the establishment of a new industry or for the expansion of an existing industry is a copy of the "No Objection Certificate" from the Department of Industries enclosed [see Regulation No. 16(m)] wherever applicable?

(f)       Will the building be away from the boundary of a residential or commercial zone or as per Table 10(c) in Regulation 29(5) ?

(g)      Is the proposal for a service industrial estate on a plot reserved for service industries or in a general or special industrial zone? (h) Nature and quantum of industrial waste/effluent and methods of disposal be stated.

(9)     (a) What is the average-

(i)       prescribed width? And

(ii)      existing width of the street?

(If the plot abuts two or more streets, information for all streets should be given).

(b) What is the height of the building?

(i)       above the centre of the street?

(ii)      above the average ground level of the plot?

(c) Does it comply with Regulation 31 ?

(10)   (a) If there are existing structures on the plot-

(i)       Are they correctly marked and numbered on the site plan?

(ii)      Are those proposed to be demolished immediately coloured yellow?

(iii)     What is the plinth area and total floor area of all existing structures to be retained?

(Please indicate in the appended Statement 'A' with details).

(iv)    What is the number of existing tenements in the structure(s) to be retained ?

(b) What is the plinth area and total floor area of the proposed work or building? (Please indicate in appended statement 'B' with details)

(c) What is the number of tenements proposed ?

Note.-Indicate details of the Building Plan as in Form I.

(11)   (a) Please state the plinth area and total floor area, existing and proposed [i.e. totals of items 10(a)(iii) and 10(b)].

(b) Please state the Development Rights, if any proposed to be used and the floor space index credit available there under.

(c) Please state the overall floor space index [Item 11 (a) divided by Item 3(e)] plus the floor space index available due to Development Rights.

(d) Does the work consume the full floor space index of the plot, as given in item 6(b) ? If not, why not?

(e) Is the building proposed with setbacks on upper floors?

(f) What is the total number of tenements [Item 10(a)(iv) plus Item 10(c)] ?

Note.-Indicate details on the Building Plan as in Form 1.

(12)   (a) What is the width of the front open space? If the building abuts two or more streets, does the front open space comply with Regulation 28(a) ?

(b) Please state which of the sub - regulation of Regulation 29 and or any other regulation is applicable for the open space?

Does the front open space comply with the Regulation?

(13)   What is the distance from the centre line of the street?

Does it comply with Table-10(B) to Regulation 29(5) ?

(14)   (a) What is-

(i)       the width of side open space(s) ?

(ii)      the width of rear open space's) ?

(iii)     the distance between buildings?

(b) Do they comply with Regulations 29(1)(a) ? Regulation 29(1)(b) ? Regulation 29(6) ?

(c) Are there two or more wings to the buildings?

If so, are the open spaces separate or distinct for each wing as required by Regulation 28(b) ?

(15)   If the plot is narrow, which clause under Regulation 29(7)(a) or Regulation 29(7)(b), do you propose to take advantage of (whatever applicable)?

(16)   (a) What are the dimensions of the inner or outer chowk ?

(b) (i) Does any room depend for its light and ventilation on the chowk ? If so, are the dimensions as required for each wing of the buildings?

(ii) If not, is the area at least equal to square on one fifth of the height as per Regulation 29(9)?

(17)   If the height the building is greater than 16 m. above, the average ground level, is provision for lift(s)made?

If so, give the following details of the lift(s) :-

(a)      Details of lift

(b)      Details of fire lift.

do

(18)   (a) Does the building fall under the purview of clause (l) or (m) of sub-regulation (2) Regulation 3 ?

(b) If so, do the proposed fire protection requirements conform to those in Appendix VIII ?

(c) If not, give reasons.

(19)    (a) (i) What is the requirement of parking spaces under Regulation 36(2) and (3) ?

(ii) How many are proposed?

(iii) How many lock-up garages are proposed?

(b) (i) Are parking spaces for transport vehicles provided [Regulation 36(4)] ?

(ii) If so, what is the requirement?

(iii) How many are proposed?

Note.-Indicate details on building plan as in Form 1.

(20)   (a) (i) What are the maximum widths of balconies?

(ii) Will they serve as a passage to any part of the building?

(iii) Do they serve as a passage to any part of the building?

(iv) What is their total area?

(b) What is the maximum width of weather-frames, sun-shades (chap) sunbreakers, cornices, eaves, or other projections?

(c) (i) Are any porches/canopies proposed?

(ii) Do they comply with requirements of Regulation 30 ?

(21)   (a) What is the width of the means of access?

(b) What is its clear height?

(c) Will it be paved, drained and kept free of encroachment?

(22)   Is the recreational or amenity open space provided as required under Regulation 23(1), 23(2) ?

(23)   (a) Are any accessory buildings proposed? If so, for what purposes?

(b) What are their heights?

(c) Are they 7.5 meters away from the street or front boundary and if located within the open spaces, 1.5 meters from any other boundary?

(d) Is their area calculated in floor space index?

(24)   (a) What is the proposed height of the compound wall ?

Is it at a junction?

(b) Does it comply with Regulation 38(27) ?

(25)   (a) (i) Is the proposal in the airport zone?

(b) (ii) Is a 'No Objection Certificate' for height and character of smoke from chimneys obtained from Civil Aviation Authorities (Attach copy).

(c) Does the proposal fall in the category of tower-like structure vide Regulation 2(2)(93) and 29(I)(e) ? If so, does it comply with the requirements thereof?

(26)   Indicate provision for common conventional antenna for receipt of television transmission in residential building with more than ten tenements (Regulation 30).

(27)   Does the proposal fall in any of the areas/zones such as those of the Bombay Metropolitan Region Development Authority/Maharashtra Housing and Area Development Authority/Railway/Highway/Slum Authorities/Power Transmission line/Coastal Area/No Development Zone/Tourism Development Zone/Communication Authorities, etc. ?

(28)   (a) Does any natural water course pass through the land under development?

(b) Is the necessary set back provided according to Regulation 16(b)?

(29)   (a) Is the plinth level proposed to be above the level of the surrounding ground level?

(b) Will the proposed plinth level be above 27.55 meters Town Hall Datum?

(c) Is the plot proposed to be filled upto the level of the abutting road or Reduced Level (R.L.) 27, 55 metres Town Hail Datum, whichever is more?

(30)   The details of the materials to be used in construction with specifications are as follows

Roofs ...........................................................................................

Floors ...........................................................................................

Walls ............................................................................................

Columns ........................................................................................

Beams ...........................................................................................

Any other material ............................................................................

(31)   The number of water closets, urinals, kitchens, baths to be provided are as follows:-

Existing ...........................................................................................

Proposed .........................................................................................

(32)   Details of the source of water to be used in the construction.

(33)   Distance from the sewer.

(34)   How much municipal land, if any, will be used for stacking building, material?

(35)   Please explain, in detail, in what respect the proposal does not comply with these Regulations and the reasons therefor, attaching separate sheets for this information, if necessary.

I am the owner-lessee/mortgagee in possession/........................................... of; the plot on which the work is proposed and that the statements made in this Form are true and correct.

Form of certificate to be signed by the Licensed Surveyor/Engineer/Structural Engineer/Supervisor or Architect employed by the Applicant

I (Name)............................................................................... have been employed by the applicant as his Licensed Surveyor/Engineer/Structural Engineer/Supervisor or Architect I have carefully perused his covenant or conveyance in respect of this plot and have examined the boundaries and the area of the plot and I certify that I have personally verified all the statements made by the applicant who is the owner/lessee/mortgagee in possession of the plot as in the above Form and the attached Statements A and B and found them to be correct.

Note.-Indicate in building plan as in Form II.

 

STATEMENT 'A'

[Sr. No. 10(a)(iii) in Annexure "A"]

Existing Building to be Retained

 

STATEMENT 'B''

[Sr. No. 10 (b)) in Annexure "A"]

Proposed Work//Buildings

 

 

FORM II

 

Certificate of Area

Certified that I have surveyed the plot under reference on......................and that the dimensions of the sides etc. of the plot stated on the plan are as measured on site and the area so worked out is *..........................square metres and tallies with the area stated in the document of ownership/Town Planning Scheme records.

Signature of Licensed Surveyor/Architect/Engineer/Structural Engineer/Supervisor or Architect Description of proposal and property Name of owner

Signature, Name (in block letters) and Address of Licensed Surveyor/Engineer/Structural Engineer/Supervisor or Architect.

* Area to be stated in figures and also in words.

 

APPENDIX XI

[Regulation 5(3)(ix)]

Form for Supervision

To,

The..............................

Municipal Corporation of Greater Bombay, Bombay

Sir,

The development/erection/re-erection/demolition or material alteration of the building on Plot No./C S No./C.T.S.No...............................of Division/Village/Town Planning Scheme No. situated at Road/Street ward will be carried out under my supervision. All the materials (type and grade) and the workmanship of the work will generally tally with the general specifications submitted along with the plans and the work will be carried out according to the sanctioned plans. I shall be responsible for the execution of the work in all respects.

Yours faithfully,

Signature of Licensed/Surveyor/Engineer/

Structural Engineer/Supervisor or Architect

 

APPENDIX XIII

Regulation 5 (5) (i)

Form of sanction of development permission building permission and Commencement certificate

To,

Sir,

With reference to your application No..................dated........................for Development Permission and grant of Commencement Certificate under Sections 45 and 69 of the Maharashtra Regional and Town Planning Act 1966, to carry out development and building permission under Section 346 of the Bombay Municipal Corporation Act. 1888 to erect a building in Building No............ on Plot No:/C. S. T. No............... No.Divn./Village/Town Planning Scheme No.................. situated at Road/Street Ward the Commencement Certificate/Building permit is granted on the following conditions :-

(1)     The land vacated in consequence of the enforcement of the set-back line/road widening line shall form part of the public street.

(2)     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.

(3)     The commencement certificate/development permission shall remain valid for one year commencing from the date of its issue.

(4)     This permission does not entitle you to develop land which does not vest in you.

(5)     ................................

(6)     .........................................................................................

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

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

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

 

APPENDIX XIV

[Regulation 5(5)(i)]

Form of refusal of Development Permission, Building Permission and Commencement Certificate

To

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

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

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

Sir,

With reference to your application No.......................dated...............for the grant of sanction of the development works; the erection of a building/execution of work for Building on .............................................Plot No./C.S.No./C.T.S./No. of....................... Divn./Village/Town Planning/Scheme No..............................situated at...........................Road/Street.....................Ward............I regret to inform you that the sanction is refused on the following grounds under Section 346 of the Bombay Municipal Corporation, 1888, and under Section 45/69 of the Maharashtra Regional and Town Planning Act, 1966.

(1)     ..................................................

(2)     ..................................................

(3)     .................................................

(4)     ..................................................

(5)     .................................................

(6)     ..................................................

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

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

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

 

APPENDIX XVI

[Regulation No. 6(4)]

Form for Intimation of Completion Of Work/upto plinth Level

To,

The Executive Engineer (Building Proposal)...........Ward,

Municipal Corporation of Greater Bombay.

Sir,

The construction up to plinth/column upto plinth level has been completed in Building No. ............................on/in Plot No./C.S.No./C.T.S. No..............Division/Village/Town Planning Scheme No. .................................. Road/Street ................. Ward ................................ in accordance with your permission No. .............. dated ......................... under my supervision and in accordance with the sanctioned plan. Please check the completed work and permit me to proceed with the rest of the work.

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

 

APPENDIX XVII

[Regulation No. 6(4)]

Form of Approval/Disapproval of Development Work up to Plinth level

To

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

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

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

Sir,

Please refer to your intimation No. ..............................dated .......................... regarding the completion of construction work upto plinth/columns upto plinth level in Building No. on/in Plot No./C.S.No./C.T.S.No. ..................................................................................Division/Village/Town Planning Scheme No. .................... situated at ......................................................... Road/Street ..............Ward ...........................................You may/may not proceed with the further work as per sanctioned plans/as the construction upto plinth level does/does not conform to the sanctioned plans.

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

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

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

 

APPENDIX XVIII

[Regulation No. 6(7)]

Form for Development Completion Certificate

To,

The Executive Engineer (Building Proposal),..................Ward.

Municipal Corporation of Greater Bombay.

Sir,

I certify that the erection/re-erection or part/full development work in/on building/part Building No. ..................................on/in Plot No./C.S.No./C.T.S. No.................Division/Village/Town Planning Scheme No.................... situated at...............Road/Street ......... Ward ............................has been supervised by me and has been completed on .............................according to the plans sanctioned (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 general and detailed specifications. No provisions of the Act or Development Control Regulations no requisitions made, conditions prescribed or orders issued thereunder have been transgressed in the course of the 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.

Date:

 

APPENDIX XIX

[Regulation No. 6(6)]

[See Sub-section (3) of Section 259-A of the Bombay Municipal Corporation Act, 1888]

Drainage Completion Certificate

To

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

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

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

Sir,

The following work.......................................... (insert full particulars of the work) has been completed to my satisfaction; the workmanship and the whole of the materials used are good; and no provision of the Act or the Development Control Regulations or building Bye-laws and no requisition made, condition prescribed or order issued thereunder, has been transgressed in the course of the work.

Date:

 

APPENDIX XX

[Regulation No. 6(6)]

[See sub-section (1) of Section 353-A of the Bombay Municipal Corporation Act, 1888]

Building Completion Certificate

To

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

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

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

Sir,

The following building work..................... (insert full particulars of the work) has been supervised by me and has been completed to my satisfaction; the workmanship and the whole of the materials used are good; and no provision of the Act or the Regulations Bye-laws and no requisitions made, condition prescribed or order issued thereunder, has been transgressed in the course of the work.

Date:

 

APPENDIX XXI

[Regulations 6(6) and 6(7)]

Form of Acceptance of Completion Certificate Municipal Corporation of Greater Bombay

No...................................................of

To,

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

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

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

Subject:

Reference:

Sir,

The Completion Certificate submitted by you on....................for the above work, is hereby accepted.

Yours faithfully,

Executive Engineer/Asst. Engineer.....................Dn.

Municipal Corporation of Greater Bombay

Zone................................

Date:

Office Stamp:

No..........................of

 

APPENDIX XXII

[Regulation 6(7)]

Form for Occupancy Certificate

To,

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

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

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

Sir,

The part/full development work/erection/re-erection or alteration in/of building/part building No. ..............................on/in Plot No. ............................Block No. ............................situated at ................................. Road/Street................. City S. No. ............................... completed under the supervision of ................................. Licensed Surveyor/Engineer/Structural Engineer/Supervisor, Architect/License No. may be occupied on the following conditions:-

(1)     ..................................

(2)     ..................................

(3)     .................................

(4)     ..................................

A set of certified completion plans is returned herewith.

Yours faithfully,

Executive Engineer

(Building Proposal)

(............Ward)

Municipal Corporation of Greater-Bombay.

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

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

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

 

APPENDIX XXIII

[Regulation 6(8)]

Form of Indemnity for Part Occupancy Certificate

To

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

Municipal Corporation of Greater Bombay

Bombay

Subject:

Sir,

While thanking you for letting me occupy a portion of the above building before acceptance of the Completion Certificate of the whole building for the plans approved in communication No...................................., dated...................... I indemnify the Municipal Corporation of Greater Bombay against any risk, damage and danger which may occur to occupants and users of the said portion of the building and also undertake to take necessary security measures for their safely. This undertaking will be binding on me/us, our heirs, administrators and our assignees.

Yours faithfully,

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

Name of the Owner ...............................

(in block letters)

Witness

(signature & name in block letters)...............................

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

Address: ........................................................................

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

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

Date:

* of such value as decided by the Commissioner.

By order and in the name of the Governor of Maharashtra

D.T. Joseph

(Secretary to Government.)