ENG Iecabh'ng Muscle | BNI No. MAHBIL/2009/36619 Reg. No. MH/MR/South-346/2014-16 AERTS Wa WTA FAIA ATT Waele feerite qeavtt aie awa] _ BATE, BERT Re, LOUH/ATE Fo, MH EVE [gS x, Ferm: wae ee | FATA WAI YOR R i ‘ URBAN DEVELOPMENT DEPARTMENT Mantralaya, Mumbai 400 032, dated 11th September 2014 NOTICE | Tue Mananasirra RecIoNaL AND Town PLANNING AcT, 1966. No. TPB.4312/CR-45/2012(1/UD-11.—Whereas, the State Government has sanctioned the Development Plans (hereinafter referred to as ‘the said Development Plans*) and the Development Control Regulations (hereinafter referred to as ‘the said Regulations’) for the Municipal Corporations in Maharashtra State under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) (hereinafter referred to as ‘the said Act’) which are in | force in the limits of the respective Municipal Corporations; ; And whereas, in furtherance of the Housing Policy of the State which provides for inclusive housing for the Low Income Group (LIG) in private layouts, the Govt. in Urban Development Department, in exercise of the powers conferred under sub-section (LAA) (c) of section 37 of the said Act, has sanctioned and incorporated a Regulation regarding Inclusive Housing in the Development Control Regulations of the Municipal Corporations having population of one million or more as per the latest Census (excluding the Municipal Corporation of Greater Mumbai) vide | Notification of even No. dated 8th November 2013; And whereas, various organizations and individuals have represented and requested the Government, to amend certain provisions of the Regulation for Inclusive Housing so as to make its implementation smoother and more effective; And whereas, after considering the representations _of the various organizations and the views of the Housing Department of the Government of Maharashtra and after taking into account the views expressed by the Govt. in Urban Development Department in W.P. No. 366/2014 before the Hon’ble High Court, Mumbai, the Govt. is satisfied that in the public interest it is expedient to | .g Regulation regarding Inclusive Housing "S. appended hereto (hereinafter referred carry out urgently suitable modifications to the exis which are more specifically described in the Schedul: to as “the proposed modifications”), @ emt qe GLEE) — weetRTT, TR THT ATATENT AT Ester frie Gra, WAT eR, RORW/MTE Io, ME CIE Now, therefore, a notice regarding the proposed modifications, as mentioned in the Schedule- A appended hereto, which the State Government proposes to make, in exercise of the powers conferred by sub-section (1AA) of Section 37 of the said Act; and of all other powers enabling it in this behalf, is hereby published as required by clause (a) of sub-section (IAA) of Section 37, for information of all persons likely to be affected thereby; and it is hereby declared that the said proposed modification will be taken into consideration by the Government of Maharashtra after the expiry of one month from the date of publication of this Notice in the Maharashtra Government Gazette. Any objections/ suggestions in respect of the proposed modifications may be forwarded, before the expiry of one month from the date of publication of this Notice in the Maharashtra Government Gazette, to the Joint Director of Town Planning, of the concerned Division, wherein the Municipal Corporations are located, which are more specifically given in the Schedule-B. Any objection or suggestions, which may be received by the Joint Director of Town Planning, of the concerned Division within the said period will be dealt with in accordance with the provisions of the said sub-section (IAA) of Section 37... This Notice shall also be available on the Government of Maharashta website www.maharashtra.gov.in * SCHEDULE-A (Accompaniment to Notice No. TPB.4312/CR-45 /2012/1) /UD-11, dated 11th September 2014.) ‘The existing Regulation Notification vide UDD Notification No. TPB.4312/CR-45/2012(D/UD- 11, dated 8th November 2013 regarding Inclusive Housing in the Development Control Regulations of the Municipal Corporations, having population of one million or more as per the latest Census (excluding Municipal Corporation of Greater Mumbai) is hereby proposed to be modified as under:- (1) The following proviso is proposed to be added in Clause (1) (6) :- “Provided that in case the Land Owner / Developer desires not to utilize such additional FSI in the same land, fully or partly, then he shall be awarded TDR in lieu of such unutilized additional FSI The utilization of this TDR shall be subject to the prevailing provisions of DCR and as per the following formula :-— Re we |x¥ Where, X = Utilisation of Development Right (DR) on the receiving plot. Rg = Rate in Rs. Per Sq. m. as per the Annual Schedule of Rates (hereinafter referred to as ‘ASR’) of generating plot in the year when project is sanctioned. Rr = Rate in Rs. per Sq.m. as per ASR of the receiving plot of the same year of generating plot. Y¥ = Unutilized additional FSI. (2) The following two provisos are proposed to be added in Clause 2 (b) : “Provided that the affordable Housing Plots or 20% plot area can also be provided at some other location(s)within the same Administrative Ward of the Municipal Corporation.” “Provided further that the Affordable Housing tenements can also be provided at some other location (s) within the same Administrative Ward of the Municipal Corporation and such construction shall be free of FSI upto the limit of 50% of the admissible FSI of such alternative plot.” Formula: (8) In clause 2(c), instead of words “at the construction rates in the ASR applicable”, in words “at rates equal to 125% of the construction rates in ASR applicable” are proposed to be inserted. (4) The following two provisos are proposed to be added in Clause 2(c):— “Provided that there shall be no obligation to construct affordable Housing tenements in the redevelopment project of any co-operative Housing Society in which the carpet area of existing individual residential tenements does not exceed 60 Sqim., and in any redevelopment project onRET, TR TOT SeATENTOT wT eT rf Gra, MENT eR, Reu/MTE RO, TH AE ’ the land of a Co-operative Housing Society in which the carpet area of existing individual tenements is more than 60 Sq.m., there shail be no need to handover such affordable housing tenements to MHADA, and the same shall be constructed either in a separate block or in a separate wing in the same building and shall be allotted to the members of such Co-operative Housing Society for use as “Service quarters” only : Provided further that if it is observed, that such Affordable Housing tenements have been sold or allotted to persons other than the members of the Co-operative Housing Society or the same have been used for any purpose other than the use as Service Quarters, then premium at the ate of 300% of the rate in the ASR applicable to the land under the Scheme shall be charged and the same shall be payable by the concerned Co-op. Housing Society and recoverable as arrears of property tax.” Provided also thet the Municipal Commissioner may exempt a Co-op. Housing Society, from providing Affordable Housing component in its redevelopment project if it is not possible for such Co-op. Housing Society to make such provision owing to constraints imposed under the prevailing Development Control Regulations or by any Authority competent under relevant law to do (such as height restriction etc.). But the Commissioner shall grant such exemption only after duly exploring the possibility of the Co-op. Housing Society providing the required Affordable Housing Component within the same Municipal administrative ward. (6) Clause 2 (e) is proposed to be modified as follows = “(e) There shall be no obligation to construct affordable housing tenements in accordance with these provisions in any Housing Scheme or residential development project wherein, owing to the relevant provisions of the Development Control Regulations, more than 20% of the basic zonal FSI is required to be utilized towards construction of residential tenements for the EWS/ LIG and also for the development / redevelopment of any land, owned by the Govt. or any Semi- Govt. Organization provided such development /redevelopment is undertaken by the Government or such Semi-Government Organisation.” SCHEDULE-B (Accompaniment to Government in Urban Development Notice bearing No.TPB 4312/CR-45 / 20121) /UD-11, dated 11th September 2014) Division District Name of Municipal Corporation Name and Address of the Officer Appointed Konkan Thane (1) Navi Mumbai Municipal Joint Director of Town Corporation Planning, Konkan Division, (2) Thane Municipal Kokan Bhavan, 3rd Floor, Corporation CBD Belapur, Navi (3) Kalyan Dombivali Mumbai 400 614. Municipal Corporation (4) Vasai-Virar Municipal Corporation Pune Pune (5) Pune Municipal Joint Director of Town Corporation Planning, Pune Division, (© Pimpri Chinchwad S.No. 74/2, Sahkar Nagar, Municipal Corporation above Bank of Mahereshtra, Pune 411 009. Nashik Neshik- (7) Nashik Municipal Joint Director of Town Corporation Planning, Nashik ivision, Griha Nirman Bhavan, Ast Floor, R, G. Gadkari Chowk, Old Mumbai- Agra Road, Nashik 422 022.* RRR WE TET TUT wT SE ett fart qrawh, WERT ee, VoeW/NTE Zo, TH CE SCHEDULE-B (Concld) Division District Name of Municipal Corporation Name and Address of the Officer Appointed Aurangabad Aurangabad (8) Aurangabad Municipal Joint Director of Town Corporation Planning, Aurangabad Division, Griha Nirman Building, 2nd Floor, Near Prince Travel Hotel, Station Road, Aurangabed 431 001. Nagpur Nagpur (9) Nagpur Municipal Joint Director of Town +s Corporation Planaing, Nagpur Division, Old Sachivalaya Building, Room No. 108/ 109, Ist Floor, Civil Lines, Nagpur 440 001. By order and in the name of the Governor of Msharashtra, SANJAY BANAIT, Under Secretary to Government. “SN BERALP OF GOVERNaEavT PRAGTING, STA NONERY AND PUILICATION, PRINTED AND PUBLISHED BY SHRI PARSHURADIJAGANNATH GOSAVi PRINTED ‘AT GOVERNMENT CENTHAL PRESS, 21.4 NETAJI SUBHASH ROAD, CHARNT ROAD, MUMBAL 400004 AND PUBLISHED AP DIRSCTORATS OF GOVERNMENT PREVTING, STATIONERY AND PUBLICATION, 21, NETAII SUBHASH ROAD, CHARNI ROAD, MUMBAI 400004, EDITOR: SHRI PARSHURAM JAGANNATH. cosa