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·ft _,_

I BOARD~OTE

\
Item No.
\r \
Board Meeting-No .
"-".- .=
6:31]
Date of M~eting 2.41:J/ia 22-
HOD Manage1 (TS)

\
Subject: 1. Policy to grant permission of partial enhanced Basic FSI to the plots
wherein Full Occupancy Certificate is obtained. \ .
2. Lessior Fee towards grant of TDR in the jurisdiction of Panvel M nicipal
Corpor\a!ion.
3. Premium to he levied towards grant of Additional FSIin Pushpak Node.
I \ .
A) Issue of Consideration:
- I

1. Partial Enhanced Basic FSI:


i. As per table 6()I described under clause no. 6.3 of UDCPR2020, the Basic FSII for all
.
users except in1dustrialuser is enhanced from 1.0 to 1.1 and Basic FSIfor Industrial
user was enhanced from 0.5 to1.0.

Estate-III Department is in receipt of various applications made by the Licensees


requesting for partial enhanced Basic FSI merely on the basis of ,requireI1'1\entas
certified by Arshitect, since in many of the cases, the enhanced Basic FSI of 0.1 is
superfluous & does not meet the norms of prevailing DCRonce the Full Occul ancy
Certificate is obrained.

However, UDC~R 2020 & BR 12464 dated 31.07.2021 (ANNEXURE-I) does not
provide guidelines with reference to permission of partial enhanced Basic ~SI &
premium charges to be levied for permission of the same.

2. Lessor Fee toirds grant of TDR in the jurisdiction of Panvel MuniliPal


Corporation: \

i. As per provisions made under clause 10.14 of UDCPR 2020, the Regulation No.
10.10.1, 10.10.2,10.10.3, 10.10.5 and 10.10.6 are made applicable to CIDCOarea
excluding NAIN. area. (ANNEXURE-II)

,
ii. Further, by Regulation no. 10.14A.l, the Regulations No. 1?1.0.1, 10.10.2 10: ?3, 1
10.10.5 and 1O.1p.6 is made apPlic:~e. ~ CIDCOarea within Panvel Munidipal
Corporation. I ~y
~1
Estate-III Department is in receipt of various applications made by the Licensees
requesting for permission to use TDR on the plots leased by CIDCO in the
jurisdiction of Panvel Municipal Corporation, which is generated on the land under
the jurisdiction of Panvel Municipal Corporation other than CIDCOarea.

'. However, UOCPR2020 & BR 12464 dtd 31.07.2021 does not provide guidellnes
with reference to Lessor Fee to be levied for grant of permission of such TDR being
issued by the Panvel Municipal Corporation.

3. Premium to be levied towards grant of Additional FSI in Pushpak Node:

i. Cluuse-nu:-ltt142Ce)ofl:llesaia-Regulatiol1 states that,


The base FSI of the lands within Pushpak Node as described by ClDCOshall be 2.0
irrespective of the land use and the maximum permissible' FSI shall be 2.5. Provided
that with the previous approval of VC & MD, CIDCO,this additional 0.5 FSI may be
granted for utilization on these plots subject to payment of additional premium as
may be decided by the Corporation. Alternatively, with the previous approval ofVC &
MD, CIDCO,additional FSI 0.5 in the form of DRC base FSI of 2.0. However, while
grunting such additional 0.5 FSI VC& MD, CIDCOshall give priority to grant of such
additional FSI in theform of DRC.'(ANNEXURE- II)

Estate-III Department is in receipt of various applications made by the Licensees


requesting for Additional FSI over & above the basic FSI in respect of the Plots in
Pushpak Node.

However, UDCPR 2020 & BR 12464 dated 31.07.2021 is silent in regards to


premium chargeable for grant of permission of such Additional FSI in the form of
DRCin respect of the plots in Pushpak Node.

4. As per clause 6.3 (Viii) ofthe said Regulation, the rate of premium for Premium FSI
is mentioned in Column no. 4 and 7 of Table 6G shall be 35% of the prevailing rate
of the said land mentioned in the Annual Statement of Rates (ASR).In addition to
this, as per clause 6.1.1 of UDCPR2020, the rate of premium for Ancillary FSI shall
be 10% of the prevailing rate of the said land mentioned in the Annual Statement of
Rates. (ANNEXURE-III)

5. However, there is inadequate clarity in:

i. Directives regarding permission of part of enhanced basic FSIas utterly on the basis
of requirementof the Licer:Lessee.

2
ii. Guidelines regarding charges to be levied Lessor Fee towards grant ofTDR as being
used on the plots leased by CIDCO, under the jurisdiction of Panvel Municipal
Corporation.

iii. Th.~policy .rrg~rd~nggrant of additional FSI in the form of DRCin Pushpak Node &
..- a-ppHc~b·le-e~argeg-- -- - - - - - ---- -- -
1

B) Background:

i. The Corporation is functioning as New Town Development Authority for Navi


Mumbai Area and has allotted plots as per the provisions of New Bombay Disposal
of Lands 11975 (subsequently amended as Navi Mumbai Disposal- df Lands
(Amendment) Regulations 2008).

ii. Government of Maharashtra vide Notification dated 2nd December 2020 has
sanctioned the Unified Development Control and Promotion Reghlations
(UDCPR),fOFMaharashtra for all the Planning Authorities and Regional Plan areas
except Municipal Corporation of Greater Mumbai (MCGM).The Governme\nt, with
the provisions of the UDCPRhas enhanced Base FSIand introduced the concept of
Premium FS~,Ancillary FSI and TDR.
1

iii. As per table mGof described under clause no. 6.3 of UDCPR2020, the BasiC\FSI for
all users excfPt industrial user was enhanced from 1.0 to 1.1 and Basic FSI for
Industrial user was enhanced from 0.5 tol.0.

iv. As per provis:ons made unde r cl~use 10.14 of UDCPR 2a 20, the said proVisiln was
extended to all CIDCOarea excluding NAINAarea. Further, by regulation 10l14A.l,
the said provisions was extended to CIDCOarea within PMC.Wherein Regulations
'I . I
No. 10.10.1, 10.10.2 10.10.3, 10.10.5 and 10.10.6 is made applicable to CID 0 area
within panvel\Municipal Corporation.

v. Clause no. 10.14.2(e) of the said Regulation provides policy for Basic FSI &
Additional FSIin the Pushpak Node..

vi. The Corporat~on, vide BR 12464 dated 31.07.2021, has passed a propolal for
implementati9n of UDCPR published by the Government of Maharashtra on
02.12.2020. Wherein, as per clause D(g), the maximum rate of 35% of preJailing
ASRis suggested for grant of enhanced basic FSIfrom 1.0 to 1.1 for all users e cept
for Industrial te (for enhanced basic FSI from 0.50 to 1.0 for industrial use].

C) Definitions as ner UDCPR2020:


i.
loading of TDR hn
any parcel at
Basic FSI: means floor Space Index permissible without levy of premiu
as per the prov~
or
3
ii. Transferable Development Rights (TOR): Transferable Development Rights
(TDR) is compensation in the form of Floor Space Index (FSI) or Development
Rights which shall entitle the owner for construction of built-up area subject to
provisions in this regulation. This FSI credit shall be issued in a certificate which
shall be called as Development Right Certificate (nRC). (ANNEXURE-IV)
Development Rights Certificate (DRC) shall be issued by Authority under his
signature and endorse thereon in writing in figures and in words, the FSI credit in
square meters of the built-up area to which the owner or lessee is entitled, the
place from where it is generated and the rate of that plot as prescribed in the
Annual Statement of Rates issued by the Registration Department for the
concerned year. TDR generated within the jurisdiction of a particular Authority,
shall be utilised within the jurisdiction of the same Authority as per this regulation.

-iii. . Development Rights Certiflcate (DRC): The FSI in the fbrm of TDR credit shall
be issued in a certificate which shall be called as Development Right Certificate
(DRC).

UJ Nature of approval:

Appraisal Allotment Adm. Financial Policy Others (PI.


Note Approval Approval/ Specify)
Award of
Work
~

E) Recommendation:
In view of the above, following recommendations are submitted:

1. Permission to use part of Enhanced Basic FSI:

i. Table 6G of UDCPR 2020 permits enhancement of 0.1 Basic FSI for all users.
Accordingly, for the Plots except for Industrial use, the Basic FSI is enhanced from
1.0 to 1.1.
ii. Estate-III Department is in receipt of various applications made by the Licensees
requesting for partial enhanced Basic FSI merely on the basis of requirement as
certified by Architect, since in many of the cases, the enhanced Basic FSI of 0.1 is
superfluous & does not meet the norms of prevailing DCRonce the Full Occupancy
Certificate is obtained. Hence, the Licensee does not require to consume complete
enhanced Basic FSI (i.e. 0.1), but partial enhanced Basic FSI (.e.less than 0.1).
iii. Partial enhanced Basic FSI ~less than .0.1 may be permitted subject to following
con ditttons:
. / ".-, '" I
• ~~V"\ 4
- . ~
I. .. PIo'
a. Thl LIcensee should have obtamed Full Occupancy Certificate for Base FSI
(As per original Agreement to Lease). \

b. Requested
I
partial Enhanced Basic FSI shall be• verified by concerned
Planning Authority.
iv. Further, it isrecommended that, this provision shall not be applicable to the plots
under RecoJstructiOnj Redevelopment and freshly allotted plots.

2. Premium to be levied for TDR LoadinK:


i. UDD of Government of Maharashtra, vide their letter no. ~_
1221!1039!1f'142/21Rf<i-12 dtd.14.06.2021 have given directives as below:

"Pl~'IJf<i ~%(tIT ~tit tllcflJfPlCfi mrr ~'t[f/~~'t[f~. 31t1~.llj_ci>(tIT~~


3ft~ ,!qqs~~$l 50 cc$ ~~ ~ lWfT'li(f ~'t[f ~ PltjllJf<i ~ ~UI~il
~ A(5I'1ll'!4IIRi($Cfi\% q\3""Cfft:r ~ ,!qq;~~c:tn 25 ~ ~%~1iTWP,~~
qii1Cfi\%q~f25~~%S<IItI'1I_Cfi\%.'l-RUITCfRl1t~~.~~A(5Hll'!4IRiCfiI
atm1~ ~ f2jcf?luft ~ ~ ~ mfmur / Pl~l\l1., mfmur ~ (tIT f2jCfiluftllJfftl;:fl~1
~ 4,!QHlft ~~~ ,!qqs~~if)150 ~~~ Rl\Sif)lCfi\%q\3""Cfft:r{qqsA~CfP 25 ~
~ tT ~"A(5I .,l"I.'!41R1¥'tl q 25 ~ ~ tt f(IIW'1I~ 'l-RUIT"CfR'UT ~ ~. ~
~~rn=rrur%;:rcfi~ A(5Hll'!4IRiCfiI ~5fICl?~(lI ~'C:CIT~~." (ANNEXUR~-V)

ii. TranSferrable! Development Rights"(TDR) is compensation in the form FSI or


Development B-ights,which shall entitle the owner for construction ofbuilt_1 p area
J
subject to provision under Regulation no. 11.2ofthe UDCPR2020.

In this regard, it is recommended that, TDR is generated on the Land under the
I
jurisdiction of Panvel Municipal Corporation other than plots leased by CID90' This
TDRmay be pdrmitted to be used on the Plots leased by CIDCOon recovery of 25%
of total Premiu\m(at the rate of 35% of prevailing ASR) ofTDR as Lessor FeJi.inline
with directives I of UDD of Government of Maharashtra issued vide letth dtd.
14.06.2021.

3. Grant of additional FSI for Pushpak Node:


i. The Regulation~10.14.2 (ii) (e) of the UDCPR2020 states that;
"The base FSI ofI the lands within Pushpak node as described by CIDCOshall be 2.0
irrespective of tre land use and the maximum permissible FSI shall be 2.5. Provided
that with the ptevious approval of VC& MD, CIDCO, this additional 0.5 FSI ,Jay be
granted for utitfrzation on these plots subject to payment of additional premiLm as
may be decided hy the Corporation. .

Alternatively, Wi~h the previous approval ofVC & MD, CIDCO,Additional FSI 0.5 in the
form of DRC shall be allowed on lands within the Pushapk Node only over and above
. . I
the base FSI of 2.0. However, while granting such additional 0.5 FSI VC & MD, aIDCO
shall give prioridy to grant of such titional FSI in the form of DRC. II

I /

~IS
I
ii. Prior to UDCPR 2020, the plots in Pushpak Node were allotted by CIDCO with FSI
less than 2.0. In such cases, the Licensee may request for FSI more than stipulated
Basic FSl.

iii. Accordingly, Additional FSI can be permitted in the form of DRC in Pushpak Node
on recovery of ALP calculated in line with the rate of premium recovered fur
. Premium FSI as per column no. 4 and 7 of Table 6G of UDCPR 2020 & BR i2464
dated 31.07.2021, i.e. at the rate of 35% of prevailing ASRrate. Also, as per clause
6.1.1 of UDCPR 2020, the rate of premium for Ancillary FSI may be 10% of the
prevailing rate of the said land mentioned in the Annual Statement of Rates.

iv. In view of the above, it is recommended that based on the guidelines provided in
Table 6G of UDCPR2020 and provisions made under BR 12464 dated 31.07.2021,
. the Additional Lease premium may be calculated at 35% of the prevailing rate of
the said land mentioned in the Annual Statement of Rates or 35% of the prevailing
Reserve Price of Pushpak node, whichever is higher, while granting the additional
FSIover and above the basic FSI for Pushpak node.

F) Proposal-
In view of the above it is proposed that-
i. Permission to use part of Enhanced Basic FSI: Partial enhanced Basic FSIof less
than 0.1 may be permitted subject to following conditions:
a. The Licensee should have obtained Full Occupancy Certificate for Base FSI
h. Requested partial Enhanced Basic FSI shall be verified by concerned
Planning Authority.

(This provision shall not be applicable to the plots under Reconstruction/


Redevelopment and freshly allotted plots.)

ii. Premium to be levied for TDR Loading: TDR is generated on the Land under the
jurisdiction of Panvel Municipal Corporation other than plots leased by CIDCO.This
TDRmay be permitted to be used on the Plots leased by CIDCOon recovery of 25%
of total Premium (at the rate of 35% of prevailing ASR) ofTDR as Lessor Fee.

iii. Granting additional FSI for Pushpak Node: Based on the guidelines provided in
Table 6G ofUDCPR 2020 and provisions made under BR 12464 dated 31.07.2021,
the Additional Lease premium may be calculated at 35% of the prevailing rate of
the said land mentioned in the Annual Statement of Rates or 35% of the prevailing
Reserve Price of Pushpak node, whichever is higher, while granting the additional
FSIover and above the basic FSI for Pushpak node.

G) Financial Implication: Nil


H) Provisions: N.A.

6
.
'

.....'

I) Date of "llillval of the Agenda Note by the VC& MD:


J) Whether continuation of Deferred item/or Fresh Item: Fresh Item
K) Whether to rovide the Board -Note and Board Res
InformationiAct. 2005: Yes
j - --

The Board of Dirttors are hereby requested to approve the proposal and·pass the
resolution, in the line of the following Draft Resolution, with or without mod fication,
'\
please. I

\
DRAFT RESOLUTION:

"RESOLVED'THAT"the Board do and hereby approve the proposal as mentioned\in para


'F' of the Agenda Note". . - . .•

"RESOLVED FURT'_'ER THAT, the VC&MD/ JMD/ MTS to implement the above
Resolution", I

7
I.~ ~
OIl,No.n • 37 BM: . . ~ - .

Policy to grant permission of partial' enhanced BaSiq °001')·


_._. OJ
-1'1 to the plots wherein Full OccupaRCYCertificate l~
obtamed.
f' .' . . :' I
i
~. Lessor. Fees ,9\'Vsr4s grant ~tI, WR !n ~
jurisdiction Of Panvel Munlci,pal Corporation"
\
j J Premiumto be levtedtowards gr1!!1tof Addillpnal ~1

Ir Pusilpak Node. I
\
After discussions, the Board unanimously passed e
following Resolution:-
......-r11
'.--
,(
e.tS"5
'.,
• .0::'.
aJ,.
~~:
Item N().
•• !'<
• 3i-1 I.·
. Board Meeting·
... 6:31 \
!~I,'\.~. .
" ,
No.
Date of Meeting 31- 87-'20\2-1
I , ..
I .t ~ •.
. Sponsoring HOD MTS-! \

I . ""
I! . CltJCO·
"""p emu
WE

I
I
I ..
1 .
\'
Subject: ~ppralsal. in respect of Implementation of Unified Development Control anc!!
I Promotit,n Regulations (UDCPR)published by Government of Maharashtra oJ
I O~.12.2020. .

·1} Issuefor consideration:


. t do 02ntt December 2020' Government of Maharashtra has published Unified
Developm.ent Control and Promotion Regulations (UOCPR). These Regulations arel
apPllcabl~. to e'ntire Maharashtra State except for Municrpal Corporation of Greater1
.j .. ~1umbai ~IV!~GM},The 'Government. with t~e provisions of t~e. UbCPRhas ~nhancea \
i Base fSI a'nd lntroduced the concept of Premlum fSI and TOR hnkmg the premium to be \
! charged with Ready Reckoner rates. It is therefore. necessary for the Corporation to
, review an~ decide its policy regarding premium to be charged for addltional FSIand that
I to be chaled for permitting change-of use of the Licensed! Leased premises.

81 Nature of Approval:
!
! AppraIsal I Allotme~t'~ ... ~.':'I""'·"·.!"'·'..••
Financial Policy
-
I
Adm. Others
Note: . Approval Approval/Award (PI. specify)
. ,
!I of work
II·
V
'I
.j
i . .
C)I Detailscf.t~e proposal:
I Governmenti of Maharashtra
i
vide Notification No. dated (}2nd December 2020 has
- . - - - - - . -- "- - -
1 sanctloned~'fhe Unifhid Development C,cntrol and. Promotion Regulations (UDCPR),for
I Maharashtra for all the Planning Authorities areas except Municipal Corporation of
\ Greater MUlinbai, other Planning Authorities! Speeral Planning Authoriti~s/Development
IAuthoriti~s~ithin the limit of Municipal Corporationof Greater Mtlmba!, MIDC,NAINA,
J;l\~ah~rlal. Neharu Port Trust, Hill Station Municipal. ~ouncils, Eco-Sensitive,. ECO-Fragi~e
I[reglon notIfied by MoEF & cc and. Lonavala MUniCipal Council, Area under ClOCOs
._.+---'
-\ I -i--_"" ---.--~----:;---.-'--.----.-- _._._---
..
_.,--_. .-.------, ~.
11 P il g e

r ...
'1l_---J)

. _'__-"-_._._.
__,1 ._._...
,.

jurisdiction as. Planni\l~ Authority, PCNTO, MIHAN, MAO~, MSROC in Maharashtra.


~exure,...l}.

WITh publication of Gov~rhment on 02M December '2020 and its


UDCPR by the
jinpteme~tation the Governme~t h~S".enhanced Base FSr arid introduced the concept of
Premium FSIand TD1llinking the premium to be charged with 'Ready Reckoner rates.

Ihe.salient features of the provisions of UOC?R are as under;'


. "-._.- -_. ,- ..
t.
Base FSIforall users Industria! user was enhanced from 1.0 to
except 1.1.
it Base tSl,f6r Industria! user was. enhanced from 0;50 to 1.0.
m. : AllFSIcalt:ufatlon henceforth, will be based on p-Iine.
- _ - - - - .. ----
_..~: ... :P.I~lum/TOR FSI was introduced and the s·amewas finke~._~o:
the adj.oinJ.0gro.~~ ...
width. vide Regulation 10.10.14 of UDCPR, TOR FSI was permitted in Navi
~,).
v
prollision has not been made applicable fer PanveJ Municipal Corporation area
as. also Non-MuniciP4l. Corporatlon areas (i.e. Orona$iri, Ulwe, etc). Further,
t~~re is no Pfovision for TDR for industrial user.
. ~.. . .
v, In UDCPR,for CQnge$t~d area in DPf Gaothans of village settlements in
Metropolitan region development authorities and regional plans, the quantum
of perMissible ESt is defined by Table-6A'whereas for non-congested areas, the
. --
quantum of permissible FSJis defined by Table-5G and for Industrial buildings,
the·quantum of permissible FSIis defined bY.Taole-6H.
vi, Premium for FSI against the Pre~iumrTDR was fixed at 35% of prevailing AS.R
Rates at the time of grant of such FSr•.
'Iii. For NMMC area, for R+Cor Commercial use [i.e, with minimum 10% business or
mercantile use), following provision is made for Base FS/:
a. For Plots of are~ below 1000 sqm- Base FSI '" '1.00
;). For Plots of area 1000 sqm and
Base FSt :: 1.50
AUolie& fronting on min 15 rn road
, ,
8.y Regulation iO.14.1 of UDCPR, the said provision was extended to all CIDCO
areas. By Regulation 1.0.14Al. the said ·provision was extended to ODeD area
within PM-C.

viii. AnciHary FSI (60% of the proposed FSI for Residential use and -80% of the
proposed area for other uses} was Introduced. For mix users, ancilfary FSJis to
.he worked out On pm-rata· basis.
._---_._----"""'._------ -------_._--_. __ .
---_._._._-_ ...
'. 21Page

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;;""'.-,;-,.._--:.::.- - ":"-';:::'-' ..:~~ ... -


""'.. p t., ,
..
,
(/ 6)
1'/.
fx. , Jr~mlU~ for ancillary FSI is fixed at 11)% of prevailing ASR Rates at the timJ of

~rant of such fSI. . I


x. Certain users. such as E.ducatjonal~Medical Institutions, Starred category Hotels,
Religious Buildings, Student's Hostels, etc. are permitted bigher ESI udon
9ayment of lower rate of premium as specified at column '4' of table-7.1 of
I
U[)CPR. As .~erRegul~tion 7,0 (ill option is granted
q:t for a,.
~IgherFSI.
valhng ,premium FSl/ TOR o..r both
tl;)

to that extent Instead of availing r


th~ developer! ~~ne t~

f
.xi. ~or Redevelopment of clDeo 'constt:ucted dil~pidated residential buildij,gs
{axctuding individual bun'galow plots), FSI bas ,been allocated on the basis 'Or ~ot
ajrea a~d road width vide Table-l0 C df UOCPR, The provi~ions of Regulation
.~
~O.10.2 of UOCPR, thus, supersede GR dated 04.02.2015 in this respect. I
- ' -.. '. ,-- xii: '"F!;oftowc:'ciSfH6liSiilg Slfiemes Uhtiei'tl1-ke:n hy MHADA,~FSfis specified as 2.S or
'~.,
" jaximum building potential under the regulations, vide Regulat,jon 704•.1. I
xitl, ~Iordevelop~ent under PMAY Scheme. maximu~ bullding potent1a.l is $peCi1ed
as 2.5 FSIwhich shaH be treated as allowable hasic,FSIfor such projects. Where
llLiilding potential as per Regulation 6.1 or 6.3 exceeds 2.5, in such casles.
+rm:SSibiJity for availing buUding potential above 2~S shall be in the forml ~f
,
XIV.
premium FSJ or TOR or both. Out ef the FSI allowed In PMAY, l,O% of the bas rc
FSImention~d in RegUlatio~No. 6;1 " 6.3,~haUbe arrowed f~rcQmmer~lal
the owner (in case of NaVi Mumbal, the lIcensee!
+
lessee)shall be at llberty' to
consume full orpart permissible FSI.as per his req!Jirements.
YJJ. For Plots allotted under Land compensation Scheme, the FSI quantum is
s~ecified vlde Regulation 10.14.2. .....

, Further, t provisions of U:DCPR, tbe issue of ~dditJ~n~1 FSIhas now been del inked
grant of dhange of Use ~onsidering the fact that now'the FSI potential bas been nnkedl to
frr m

the abu1ing road wldt~ rather than the use ~roposed (except for IndustriaJ use) (~nd .
Plot size in case of Navi Mumbai for Basic FSI). nil date, the ptot hold~rs used to
approach! the Corporation for Change 'of Use coupled wlth enha.ncement of FSI, in
majority ofi;ases. Howelter, even thOUgh Tor enhanced pst, premium is beIng proposed
to be cal~ulated and recovered separately" there is a need for retaining. the pres· ot
policy of the Corporation for grant of Additional FSI coupled with permitting Change of
Use of land.. defined vide eR 12299 considering the spedficfand use incorporated in he i
agreeme1t to lease as per the' provisi.ons of Reg-ulation 11 (vi) of NMDL~, 200S, A~er
detalr deliberation, It is concluded to levy premium as pel" BR 12299 wherever lihe

-_.. ---.----_._. ,--_, ---'.'-, .-...._ ..-..-- _.. -- - ......- ..-.,.----1--


31Page
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.... !
,. . ,.,:. ":'; ·:-:-"·:r.:~;;:"~':1:,:",,+(-::,,:;":}1~t;:;7""~;,'I -I
-;;. ,

< ··'1
'1

i i
licensee! lessee seeks ~ddltioflat ·FSI coupled with Chan~e of Use of Land. After !~
calcufati~g the premlurn as per ~heprovisions of SR 12:299, *,e ALPfor grant of further i
i
FSI as per provisions of UOCPRshall be calculated as de5cribe~ in the next paragraph. i
i

For permitting enhancement of basic fS( for changed use (where-enhanced FSIup to 1.0,
is considered for plots with lower Fsr component, wider BR 12299), Additional lease
Premium at the rate of 35 % of prevalent ASH rates shall be recovered. Thus, for
example, if the licensee! lessee'. comes forward. with a request for change of use from a
Service ..lnoostry use-with l}.!; ,F:S~·,o-r.vP-R
:Mqas~fler..Agf~em.ent-to lease} to Commercial
use up.tc.maxirrturn permisslble as per UDCPR,with 1.1 baslqFSl, then ALPfor Change of
u.se.for Service In.dustry us~ to Commer~ial use with 1.0 FsrlshaH be recovered at 150%
of prevailil)g Reserve Price [i.e., as per the rate propo~ed .in BR 12299J and for
-.---- ennancemenr~FST "from !:(nO'J:::r,-AtP·'dtthlnCI~5%\Jfttre-prt;vaten't'ASR-···----
I· .
rate shaH be charged .and thenr-for .addttional FSLas,per. pr~visiQns.oLUDCPRpremium PO)
\;.;;- ...
may be worked out as specified in UDCPR and permitted by Jecoverlng CfDCO's share of
the revenue as provided in the Government of M3harashtr~, UDD directive issued vide
Order No. TPS-1221!1Q-39(C. No.42!21/uD-12 dated 14.05.2~21. (Annexure-II)
. . i'
The reveri~e sharing stated I~ the Government of Mahar!shtra, Urban Development
.• , . J
Depart:nent order dt.14.06.2021 is as foltows: !
tn case of PCMC and NMMC [urlsdtction 50% of the premiu!n
I
amount
.
for additional FSI
.

shall be paid to respective Municipal Corporation. 25% of tHe premium amount shall be
. ,., J
paid' to' CIDCObeing lessor of the Land and remaining 25% qf the premium amount shall
be paid to the Government. Further In' PCMC juriSdictiO~ where ClDCO is, acting as
NTDA/ Planning Authority
..
the 50% of the premium amount bf the
I
additional FSIshall be'
paid to CinCO and 25% of the premium amount is to be ~aid to PC~fCand remaining
;2.5% of the premium amount is to be paid to the Gov:e~nme~t.
i
, , !
In case of plots allotted 'for Educational, Social, Star Categ6ry Hotel, etc. as well as for
the plots where licen;ee does not desire Change ofU~e but~i5h~S to avail enhanced Fsi
as per the provisions of UDCPR,the same may be permitted by recovering the premium
J .
that may be WorKed d.utas specifie.d in UDCPR and snarihg ~he so calcUlated revenue as
provided in the Government directive Issued vide oJder No; TPS.·1221/1039!C.
No.42/21/UO~12 dated 14.06.2021. Accordingly, upon +proval of the Competent
Authority of the Corpcratlon and recoveryof applicable ALAa.modlfied Agreement shall
be. executed with the licensee/ lessee. In case of Change of User having Higher Base

4!Page'
i
i

I
:-.'-:,,' ,~. '; " ..
~' ~-.;.~~:..:~. .' ":.
.'
---:, - __ -=-~--

--~:::t- I

Price to lower Base Price or similar or compatible use as also Change of User to 'otel,
Adminiftrative charges for Social Facility where change of use as per BR 12035 diated
08.05.2018 and Regularization Cases, provisions of para 4.g, h, I & j of BR 1 299
(Annexure": III) shall continue to remain in operation.

To elaborate in detali, for users such as Service Industry, Warehouse {with 2.0 VPR)· tc.,
the basic FSI as per earlier OCR and as specified in the Agreement to Lease is 0.5 for
Residential ~~~poseit is 1.0 'lnd for Residential + co~men:::iaf or commer~ial use, li; is
1-5,for rduca,,_onal purpose and health users the rnaxtrnurn F51as .per earher Dcf.,
2.0. N0fvr as per UDCPR,the maximum FSIthat can be utilized on the plot {including
basic FSr, premium .FSIand TOR FSI) is 3.0 further, considering only the reside Itial
component, the additional ancillary FSIat 60% of total FSII.e. 1.8 Is permissible. Thus
... ' .... I
the total FSIpotential on a glven prot of size less than 1000 sqm &abutting 30 m WIde
road~will be 4.8 (5.4 in case of commercial use with 80% anciHary FSIfor plot) and ill
be.S.2 fdr
'I
a given prot size of 1000 sqm or more &abutting 30 rn wide road, the total FSL
potential would be 6.3. .

Further 'Government vide Notification dated 14..01.2021 issued directives regardmg


charging ~f prerntum while granting Addi~ional FSI/ Fungible FSI as per the provisions of
the UOC,R (Annexure VI).
The po in; No.1 ofthe said directives states as foHows;
'While'granting Additional fSI!Fungjble the jurtsdiction oj the Planning Authority or
FSI in
in the
. Re~ionaf
.~ Planning Zone, as per
- -, the provisions
"
0/ the UPCI'R,50% concession shalf
'. be given In the app~icab1epremium to be charged for grant of such FSI. These directi es
shall be implement as per-A; B & C gfvenflereunder;_
._ rf
....
J
.. <"'-
A. The scheme is applicable t%Howing Projects! part oj Project.
'..
i. Cu~rentProjects & New Projects: Such Projects will have 50% (Fifty p,:rcenlt~
co~ceSSi,min the actual amount of premium to be paid tiIJ 31.12.2021.
ii. only applicablefor. types oj
This ~~ncessionis 0/:
~o.be ""?"
as per e =. t1
privlSlans. of the UDGPR.lJoweve/~ it IS. ~ot a~pllcoble 011 the payment of tile
'Development Charges' or any ather admintstrative charges. I
B. The benefit of this scheme will be admissible to such developers only, where thE
o'evelD~erwho have availed concession in premium os stated above, shall pay thi
stamp 'duty payable by the buyers jor EWS! L.fG/ MIG/HIG HouseslDweJ/mg Units!
Commercia! Industrial Units in their project. {i.e. the stamp duty to be paid by th
.. .. t .... -
.~ . ..
-- --.-.-------~.-.---.-
..
SjPage
...... :.:.

buyer ~haN be zero.) And such disclosure and following actions will be required by
such.developers.

i: The developer> desirous of participa:;ing in this scheme sbat! give an


undertaking to the Planning Authority stating that they will pay all the 'stamp
duty payable by the buyer>.

ii. Ii'/: ease ofsucii projects, the deveioper shall submit a cerotic.ate obtained from-
the beneficiary buyers, to the Planning Authority, stating that aI/the expenses
towords the stamp. duty are borne by the develop.er.
jil~, . The T!'f!velopetnnall pf.ibriin Ji$fo!the beyer; w';~s~~t~m~
duty is paid by the
developer, on their web site.

iv. The'Municipal Commissioner/ CEO of the MUriicipqt Countil/ The Planhing


Authority shaff communicate list oj the projects/ part of the !lLo~flO-.ha.ve--- ..-, '"
- .- _- --_ --- --.--~.--- partir::;pat~din this ;~f;;;;;;'to
the 'Office of the- Registrar of Stamps. And also .~
.
the same shol! be I'ub'lisfieii, on ilieir web site.. . --.. - . . ". l>J
v. The starrwduty benefit to the buyers shott continue tiff all the units in such
pro1ects are sold out, where benefit of the above scheme is availed by the
developer.

C In case a pternium is to be charged for a new project' or new part of a project the
same shalt be charged as per the ASH Rate appliCable on 01.042020 or the current
ASR rate whichever is higher.

It is tategoricalty mentioned in the point ND.Ol of this Notification directives that the
50% conces.sion in the premium is to be given by the Planning Authority thus the
Go~ernmerit dkectives 'are' applicable to the Planning Authority. Whereas in case of
OOCO, the premiqm 'belnit recovered for grant of additional FSIas per the provisions of
the UDCPR
. . the capacity of the lessor 'of'. the Land and therefore
Is in the above
Government Notification dated 14.01.2020 is not applicable to (IDCO. CIDCO therefore
will recover entire admissible premium for grant..o.f additional premium / ancillary FSI Dr
TOR.

O) Proposal;

In view of the abo'o'e, on detailed deliberation, the following is proposed for submission
to the 6oar:d for approval.
~
, '.

a. As prOVided in the Regulation 11 (vi) of NMDL (A) R, 2008, every lease specifies FSI
. permitti'!d for the. demised premises which shall not be changed I increased.
wit:hol.lt·tJie p;-i9r written permission of the Corporation and without the payment
.of prescribed 'Additional Premium and other charges. Hence, as the Lessor of thE>
-.----..---
..--~--.-~-.---.¥.-----
- -- ---,....
-._--_ ..---.-.~-
...- --..--_......
-.._- _..

<q :.r'
',:'

'!l',' . '.>
_t_
...
:. " .. ;' " . ;~:~
.~:...~. "

. 'I .
lan9' the Corporation has a right to recover Additional lease Premium w1hHe
grarnting NOCfor addL FSI as per the provisions of UDCPR, .especially considering
the expenditure for various infrastructure projects undertaken by CIDCO sue as
NMIA, Housing under PMAY, upcoming Metro Rail Projects which are for the
ove1all development of Navi Mumbai.

I
b. Furtier, as per the said Regulation 11 (vi) of NMDl(A)R, 2008, every lease speci~ies
user~of the demised premises whlch shall not be changed / increased without the
- --- -.. - ptiC'l written perfuission' of the Corporation ang WithOut the pa'fment of presCri8ed
Addifional Lease premium and other charges and while permitting Change of us\er,
irres~ective of whether it entails additional FSI or not, the Corporation has a. right
_'_. __ ,, , __ . __ . __ . •. '"
to recover Additional lease Premium while granting NOC for such change of user
_ .. _. __ 1 __ - . ._ ... . _. _ . . •• _._. _ __ _ • .. . _ _ _ . . .

c. Thus, the rights of the Corporation as the lessor of the land for recoverlng
'. I
. premium
I for permitting highar FSI and Change. of Use of land are ingrained in the
Regu!~tions Itself.

. I I
d. As the UDCPR does not dwell upon change o.f USe of land but elaborates upon t~e
~. I
permiisSible FSI ~~mponent,. it is necessary for the ~orpo~ation to retain its POlifY
for grant of Addltiona: FSI With Change of Use as defined Vide BR 12299. For further
enha~cement of FSIas per the provisions of UDCPR, it is recommended to recov1r
25% of the premium as prescribed ~nder UDCPR, and further confirmed Vide'
Government Order No. TPS-1221/1039jC NQ,42!21/UD-12 dated 14.06.2021.

e. For + where change .or use is no~ sougnt! required, It is recom.mended


recover 25% of the premium as prescribed under UDCPR, under shanng formula
tf
with the Government as prescribed under UDCPR.• and further confirmed Vidb
Gover~ment Order No. TPS-l;221/1039/C. No.42!21!UO-12 dated 14.06,2021.

f. For CIIDCOconstructed dilapidated buildings., UDCPR specifies Basic FSI as per


'Table-toe' and hence, no premium shall be 'charged for permitting such enhance1
Basic liS!. Similarly, for low Cost Housing Schemes of MHADA as also PMAY
SchemJ, no premium shall be charged for permttting such enhanced Sask FSI. l~
these Jp~ of cases. & also higher FSI types defined by Table No. 7_1 of UDCPR, fo
further enhancement of FSI, if permitted under the provisions of UDCPR, it r
recommended to recover 25% of the premium as prescribed under UDCPR,unde
-.----__
..-__.L.. ...:._._.___... '. 71Page

-
~~----------::: ._-_ -- '.-
sharfng formula with the Government as prescribed under UOCPR. and further
confirmed vide Government Order No.. TPS':'1221/1039/C No.42./21/UD·12 dated

14.06~?0i1.

g. With regard to the ~nhanced basic FS! for' other categories, the tetter of
Administrator, Aurangabad Municipal Corporation dated 01.01.2021 was brought
on record by Manager (Town Services-I). As stated in the letter, according to the
, .
directives given by Hon'ble CM during the Video .conferendng on 30.12.2.020, he •••• w __ ._ ._ _ -
,
i

____-..--: .._.---'41'a:rsUtrmrtrEHla proposal for fevy of Additional' L~ase Premium at the maximum
rate 0" 35% of ASR in respect of ennimcement of Basic FSI from 1.0 to 1.1. In fine
with the above iHs recommended, for enhancement of Basic FS! from 1.0 to 1.1 for
all users except for lndustrial use (and for enhanced basic FSI from 050 to 1.0 for
-'-.- ..-.--- -- .-.--- IndtTstdiil ~ser5), f.LP shall he charged at the rate -of 35% of ASR prevailing th~-·· at ./. ..
' )' ..
.._/.

time of grant of such enhanced Basic FSI.As per provisions of Regulation io.io.i.s. t:';,
~. .
if the ?Iot size is 1000 sqm or more and FSI defined as per Agreement to Lease is
i.o, in such cases for enhancement of bask FSI'(for the same use as defined in
Agreement to lease), 35% of applicable ASR rate may be recovered by the
Corporation asALP. However, where the Corporation has already allotted plots for
R+C/ Comm.en::ial use. with 1.5 FSI by Agreement to lease or where the enhanced
~Sl uptoi.S ha$ alreadv been granted after recoverlng premium as per the then
p~evalent policy of the Corporation prior to publication of UDCPR, no premium shall
be charged foi' such enhanced Basic FoSr..
1

h. Thus; over &: above the Bask FSI defined. by the Agreement to Lease (or as per the
provlslons of BR 12.299, as the case may be), for premium/ TDRI Ancillary/ Higher I
FS1,ALP~Sh~jIbe 'at the' fate of Z5~~that prescribed in UDCPRfor grant of such FSI,
and may be granted by recovering CIDCO's share of the revenue as provided in the
,c"' - ., .1
'2.-- ! X'·
..
[ ··1· .
Go~ernment directive issued vide Order No. TPS·1221/1039/C. No,42/21/UD-ll
dafe~ 14.06.2021.

i
Tnerevenue sharing stated in the UDD Order dt.14.06:2021 is as f~Hows; I
f -

In case of PCMC and NMMC [urtsdlction as a pianning autho~ity 50% of the premium
.'

ii
• • • wI' • ..' •

amount for additional PSI shallbe paid to respective Municipal Corporation. 25% of I
'1
the premium amount shall be paid to CIDCO being lessor of the land and I
~eina!ni('lg25% of the premium amount shallbe paid to the Government. Further in
PCMCjurisdidm.1 where cioco is acting as NTDAI Planning Authority the 50% of

•• :..--- ..-~---:--.-.-:--- .•.----. --------------_ •••. _:__---_ ', '!'. __ ._----'_ ..


8 ! P a Ii e
.LI ,,'.__
' ._...' "._,
_ _ .."_ ~,__
,'_"_
r JV~
... ' ",!
c \6rt
PI,
the premium amount of the additional FSI shall be paid to CIDCO and 25% of the
premium amount is to be paid to PCMC and remaining 25% of the prerru m
amount is to be paid to the Government.

i. 'Thus, ALP shall be charged at 8.75% of prevailing ASH rates for FSI against
Preniiumj TOR, 1.25% of prevailing ASR rates for educational user for Pre-prima /
prim~ry Schools, 2~5% (or as per the rates approved by the governme,nt) of
preV111lng ASH rates for anciltary FSI, and for other uses premium will be charged @
..~-ofthat-stjP''Qtatetl:intnelable7:1''dfUDCPR. --,.
---~-·~--'----'--·'--25 -, '-I
j. In ca~ of Chang. of User having Higher Bose Price te Lower Base Prlce or similar or
,~-, compatible use as also Change of User to Hotel, Administrative charges for Soc al
Facliity where change of use as per SR 12035 dated 08.05.2018 is permitted amid
~ ,I'
"'.J!; , also Regularization Cases, provisions of para 4.g, h, I, i, k, m, n, 0 and p of SR 12299
shalf c,~ntir1Ueto remain inoperation.
I
k. The gTOf above recommendations, is encapsulated in the following table:

, I
Sr. Na\ture of Premium for
No Plot
Addl. FSI Enhancement Premium/ Ancillary HigherFSI
with ofFSI as per TDR FSI(as FS~tas per (fdu+tiona,l,
Change of Agreement to perUDCPR UOC;PR S.odilf~Star

.'~
Use Bask FSI as
perUDCPR
provisions) provisions)
::~t~~~
ofubCPR)
I
1 ~2 3 4 5 6
Ii:! Nodal- Nil At 35% ofASR 1/4th.of 1/4th of 1/4~of '
<1000 rate Premium Premium Pre I ium
SqdOR
specified in specifie.d in spedped in
>= ~OOO
UDCPR UOCPR UDCP, as per
sqJ but
'not I {35%of ASR (10% of colulTJn 4 of
fronting rate) ASR rate) Table17.1of
, I
15 1 UD~PR
road
1\

-_.. ,.J .. 91Page

- .
--- ... -~-.'.' '-'-~\ -- • __ ' , 0, ... " ..
_' --- ... -.•...----~ ..--..-~~- __ . ~- ..,..
' .. .:. _"_'.--- ._._._--_. _', . - ....
'j.
~I

lb Nodal>= . As. per SR 35% of ASR "l/4mof 114m of 1/41;.'" of


1000 sqm 12.299 {if FSI .. rate {if fSI as Premium Premium Premium
fronting as per per specified in specifiedJn specified in
15m road UDCPR UDCPR as per
Agreement .Agreement is UDCPR
width
is 1.0& 1.0 & Change ~3S%of·ASR {lO% of column 4 of
. (FS11.0
Change of. . of Use is not rate) ASR rate} Table-7.1of
as per
Use is sought) UDCPR up to
Agreeme.
nt to sought). max higher FSI
...... ---- -teasej---- .--..~--_.-..- .- __ ._._ ••••• __ •• __ • _o
--.' --'-.-'" .. ,-.- . ...... - ........ _.,,- -- spec"1fie'tL- ..

le. Nodal>: Nil Nil' . 1/4tll of 1/4tll of 1/4th. of

1000 sqm Premium premium Premium


_. ___ o
-_._--' ..---- -_._--.- __ ••__ 0- __
- .--------1-
. ' with FSI speelfled in . specified in specified in
-_ .. .. - ....
·I.S~~l:H~r '-
VDCPR UDCP"R UDCPR as per

Agreeme (35%ofASR (lO% of column 4'of

nt to rate) ASRTate) Table-7.1of

lease UDCPR up to' i


I max higher FS!

specified.
I
2 12.5% Njt Nil 1/4th of 114lh of Nil
,
.. Ptot~
.'
Premium Premium , I

.with 1..5: specified in specified in


1
..
FSI 'and UDCPR UDCPR I
I
R&R (35% of AS.R (10% of !
plots rate)** ASR
with 1.5 - rate)'*.* i +I
'-L/

FSI.
3 22-.5% ~iI' Nil 1/4tll of 1/4t1l of Nil .
Plots Premium· Premium

with Z.O specified in specified in

FSI. UDCPR U[}CPR


{35% of ASR -, (10% of
rate) ** ASR rate)
**

10 I P a- g e

I r
.
".'
I

I!
r1-l'
\.
i
c:\ b~
i
l fIll
I
4. Plots
i
i tvithin
Nil Nil As per
10.14.2 {e)
1I4th of Nil
!
I Premium
fUSHPAK ofUOCPR specified in
Node (This UDCPR
with 2.0 amount will (10% of
RSI heAl?@ ASR
decided by rate)'"
clDeo with
no sharirigJ
**- If p1ermissible as per UDCPR. . l
Note: Il For Column 5, premium wi[[ be charged for the Premium! TOR FSI soug~t
above the Basic FSI{as per UDCPR provisionsjas determined by cOlumn\3
&/or 4. . I
2: For column 5, 6 & 7, the premium will be levied on the FSI availed and n, t
on the entire plot area.
3'1 For any other Plot in 12.5 or 22.5% Scheme wherein higher FSI is granted
as per Agreement to Lease, same principal as the above table will be mad
applicable. t
4. For Plots allotted for Educational, Social, Star Hotels, IT, ITES, etc
thcorporated in Table 7.1 of UDCPR, the options vests with the licenseeY
lessee to opt for regular premiumj TDR FSI or Higher FSI as per Table-7.11.
In ihe latter case, the licenseel lessee can avail FSI over & above thl
Higher FSI as per T~ble 7.1 by paying the ALP a's per column 4 & 5 of thJ
above Table. I
5. \ For 1?5% & 22.5% Scheme, the maximum commercial component will b
'. \ gOv~rned by the provisions of UDCPR,in this regard. . .,
¢J
.~.

I. White granting NOC for enhanced FSI, the licensee! lessee Will pay the CIDCO 5
share oUS%. to the CIDCOand remaining 75% of the premium amount will be paid •
to the rispective Planning Authority. . ,
m. As the WDCPRhas dearly defined the permissIble uses in respective zones, rather
than seeking In-principal approval from the respective Planning Authorities, to
ensure 'Ease of Doing 8usiness', responsibility shall rest with the licensee/ lessee of
the CO~prration to work out the desired enhanced FSIwith applicable premium as
per the provisions of UDCPR and submit the application for the same to the
Corporation with these details, rather than asking the licensee/lessee to obtain In-
il
.11. __ p"nd"'~I"==~r:~th:.~nnrng Aut',",,,. w~kh causes der.yInp,"ce.,rng'he
111 P age
I

l,
!!"E ....,.• ""!'."c:':'_ •• \li[l<. ,.,... .", •.. hL""""'..."""...'""."""'...' ~""'.-=.."...,i--."..,...---~~-~-
_<7:.""'-c,.-::-_"".~""i•• ._~ ""_
.."__" ...
--_ ..---_:-- ...
...
•• .__ ~_. oJ.:" ,- __ ._._

'Ii.., .
"

, "

request. The NOC for such enhanced FSI shall be granted after recovering the
applIcable premium. as elaborated in para "d" to "k" above to the extent of
enhanced F51 sought and fou~d to be as per the provisions of UDCPR.However, the
onus of working out permissibility of enhanced FSI so sought, will, solely rest with
the licensee! lessee and, in case, if the Planning Authority does not grant the
enhanced fS! to the extent of NOe granted by the Corporation, no refun.d of
. premium paid shall be 'granted, however, such excess premium paid, if any, can be
adjusted if and when the licensee/ lessee submits fresh application, at a later date,
__.__
..__._.__.. . ... _-_fOr::...C;GH1.sump-tiofl-E)f..fuft~-enh-anced'-FSt:-N-ointelest sllatl-'oegi"V"e"ncffisi:Jcl1excill·-----'-'-
'premium lying with the Corporation. On the other hand, the licensee/lessee shall
'not be Hable to get development permission from the Planning Aathority for FSI i
beyond approved by the Corporation as above, Without prior permission of the I
-"--·---------------'eorporatitfrri!V~tfme5ame IS permlssiole as perthe provisions of UOCPR. --'--,1
, 31. As regards. the, Go.vernment N otificatlon datert 14;(}1.2021"; it· is ·Tcttl'g:Oft'::~liY
mentioned i(1 the point N·o.Ol of this Notification directives, the 50% concession in
'_
t",
.,r" _)'

thepremlurn is to be given by the Planning Authority i.e. the G.Qvernment directives


are applicable too the, Pla,nning Authority. Whereas in case of6DCO, the premium
.being rec~v~n:d' for: gtant of additional FSI as' per the provisions of the UDCPR is in
the capacity of the Lessor of the land and therefore the above Government
Notificaticndated 14_01.2021 is 'applicable to CIDCO:only where CiDCO is planning
.authorltv. ,"CIDCO therefore will recover entire admissible'2S% premium snare fri the
capaCity of lessor for grant of additional premium! ancillary Fsi or TDR.
0, If ~he ftaa~ct ~ccord its: approval to the above recommendations, the same wi![
supersede al'l previous, BR~ in. the respect of grant ~f Add!. FSI so also grant of
'Change of Use exceptprovisions of BH·122.99 kept intact in this proposal,

to approve the proposal for grant .of additional FSI in Navi


--"'L'"
t: r),;
The Board is requested
~" .,
MLimbai Juris'diction as proposed j~ above paragraph '0'.

E) Fincinciafh~pli~tion: I
The co'rpara!i<::)'~ ~~iil
recover additional lease premium for grant of Increased Base
FSIand addl. fSI,as per the provisions of UDCPR.

F)' legal' Regu,iieme'ntsl implications/ Provisions:


Nll

-- :-M_~'. .
'__~. ~ M -....
.._..- ._.
12LPage

" ,'

I
,I
.".- ....'..-~.,'~~.'
, !.;- . ;':.

\
-..--r 1~,
ci=t \
. __ . P/J5
G) Date ohpqt'Oval ofthe Agenda Note bvthe VC&MD:

H) WliethJ,on'inuatiOn 01def...... d (lam ...·Iresh!tom: Fresh Itern

I) Whethelo proyldethe Board Note a~d Board Resolution under the RTlAct, 2005: es
1 .
O.raft Resolution:
"RESOLVEDTHAT the Board do and hereby take note of submission & ·the proposal in
Para'D' of agenda note submitted and approve the same.
_....... ·····r . . . .. . '
"RESOLVEDIFURTHER
THATthe VC&MD/JMD/M (TS) is hereby authortzed to implement the
decision"

Signed by

. -:-t/ -'~~
(Gajendra K. Jangam)\ '
Manager ({own Services-I)

..-. --- _._.... ---_.-_. __.... _ .- ..__.._ ...._'- ~..----__.._...- .._...._ ~·-··-··i31-P·II It

._--.-_. -_._-------_ ... -


·-...

cm.U99999MH 1970SGC014S74
----~
.. -.-

Item No.341631 BM:


Appraisal in respect oJ implementation of Unified
Development Control and Promotion Regulations (UDCPR)
published by Government of Maharashtra on 02.12.2020.

i
After discussions, the Board unanimously passed .the
!
following Resolution:-
1..
J./
o
RESOLVED :trHAT the Board do and hereby take note of

~ sub~ission & the proposal in Para. 'I?' of Agend~ Note


o*' . .~. pprove the same,"
-...,-;---,.;:::...;::-~::'""'-~--
_' --~- _. _" - .....__._ :;~~\._.------_=----- .
A ~~ .
. ~at~~"RES'()lVED FURTHER THAT the VC&MD/ Jt.MD/ M(TS)
~. and are hereby authorized. to implement the Resolution without

Passed by the n0ani vide Resolution No


)2L-t6J, •
t).\\ 1\~\~. ofBoordmt:eting held.oa
4~1
Compa erary
El?p. No. 3.w23
ilJ])CPR-2020
e) The base PSI of the lands within Pushpak Node as described by CIDC shall be
2.0 irrespective of the land use and the maximum permissible PSI shall be 2.5.
Provided that with the previous approval of VC & MD, CIDCO, this additional
,
,0.5 PSI may be granted for utilization on these plots subject ~,
\ additional premium as may be decided by the Corporation. I
I Alternatively, with the previous approval of VC & MD, CIDCO, additional PSI
0.5 in the form of DRC shall be allowed on lands within the Pushpak Node only
over and above the base PSI of 2.0. However, while granting such addit onal 0.5
PSI VC & MD, CIDCO shall give priority to grant of such additional PSI in the
form ofDRC
Provided that
A.
Maximum PSI 2.0 shall be admissible for plots having an area equal to or in as excess of
1000 Sq!jmtr, however in case, the available PSI can not be used at site due to hkdship
of heigh~ restriction and for any other reasons recorded in writing in Pushpakl Node,
floating cDfTDRshall be allowed and such TDR shall be used within Pushpak Node only
I
with the approval ofVC & MD. ,
B
PSI l.Slhall
I be admissible for plot having area less than 1000 sq. mtr. and the b Jance
0.5 or 1.0 PSI, as may be applicable, shall be admissible for utilization in the form of
I . . I
Development Right Certificate (DRC) as a Transferable Development Right (TDR), the
utilizatiorl of which shall be within Pushpak Node only. ,
(iii) LOCatiOns!forutilization ofDRC-

DRC in theI form ofTDR shall be eligible •for utilization in the following locations.
a) Pushpak: Node as shown on the plan WIthCIDCO.
(iv) Extent ofUrtilization ofDRC :

10.1.1,-10.3.1,10.3.2, 10.3.4, (1)( __) and 10.14.1 shall cease to operate


...."',,.,,,,....by the Government from time to time and thereafter provisions of
regulations shall apply ..

-*-*-*-*-*-

14
UDCPR-2020
the Maharashtra Regional and Town Planning Act, 1066 was published in the official (herein
after referred to as 'the cut cat date')
Provided that the Rental Housing Projects in respect of which Location Clearance had been
granted by MMRDA, but Commencement Certificate has riot been issued by the concerned
planning Authority, shall he allowed to continue, as such in case such project proposals are
resubmitted to MMRDA within a period of 31) days from the date of this Notification in the
Official Gazette. All such project proposals received by MMRDA within the prescribed time
limit shall be scrutinized by MMRDA on merit and submitted for the prior approval of the State
Government for their continuance under the Rental Housing Scheme.
Provided further that the Rental Housing Projects already approved may be allowed to be
converted into Affordable Housing Projects under the provisions of this Regulation, with prior
approval of the State Government.

10.14.1 The Regulations No. 10.10.1, 10.10.2, 10.10.3, 10.10.5 and 10.10.6 shall be applicable to
CIDCO area.

10.14.2 Regulations for Land Compensation Scheme and Rehabilitation Pocket in Navi Mumbai
(i) Land Compensation Scheme and Rehabilitation Pocket: Land Compensation Scheme
means the Scheme devised by City and Industrial Development Corporation of
Maharashtra Ltd. (CIDCO) with the approval of State Government vide Government
Resolution CID1BI2/C.R. 274iUDI0, dated 1/3/2014 and as amended from time to time
for compensating the land holders whose lands are being acquired on or after 1st March
2014, The Rehabilitation Pocket means the land identified by CIDCO for allotment under
land compensation scheme. The compensation under Scheme shall have three
components.

a) Component - I: involving allotment of 10% developed land in lieu of monetary


compensation after deduction of 30% of the eligible area for the development of
infrastructure and amenities. Maximum 15% FSI may be used for commercial use
provided that such commercial use shall be permissible as per provisions of UDCPR
b) Component - II: involving allotment of 12.5% developed land in lieu of monetary
compensation after deduction of 30% of the eligible, area for the development of
infrastructure and amenities. Maximum 15% FSI may be used for commercial use
.. provided that such comm.erciai use shall be permissible as per provisions ofUDCPR
c) Component - III: involving allotment of developed plot to the eligible owner of the
house whose house and land under house are being acquired and resettled at another
location Maximum 15% PSI may be Used for commercial use provided that such
commercial use shall be permissible as per provisions of UDCPR
. (ii) Floor Space Index admissible on lands allotted under the scheme shall be as follows:
a) Component - I: Floor Space Index for the development of lands allotted under
Component - I shall be 2.5.
b) Component - II: Floor Space Index for the development of land allotted under
Component - II shall b.e 1.5.
c) Floor Space Index for the development of total land allotted under Component ~
I and Component -11 that is 22.5% shall be 2.0.
d) Component - III: Floor Space Index for the development of land allotted under
Component - III shall be 1.5.

213
Following shall be applicable for the lands included in congested (or core area) as
shown on ~e Development Plan. These regulations shall also be applicable for I gaothan areas
in Regional Plans (including the areas of Local Bodies and Special Planning where
Development Plan or Planning Proposal is not sanctioned).
I
However, in congested area, if the original land holding is more than 0.40 Hectare, then
I I '
lJ~l'ual'lUll'" of non-congested area, except FSI, shall apply. FSI in such cases sliall be as per the
I -
Rezulatiori No.ti.Ll

(Note-In Nashik Municipal Corporation, the term 'Core Area'


Area'.) '\
6.1'.1 Residential Buildings/ Residential Buildings with mixed-use
i) Floor Space Index:-
The maxiniUlllpermissible basic floor space index, FSI on payment of premium, V'-'J_l.LU·""'V,1.<

loading shall be as per the following Table No. 6A.


Note for T~ble No.6 A:
aUl.l\-lLll.lll to what is mentioned in Table No. 6 A, ancillary area FSI
1)
()oTt tne nrOf-)('lse.(1 FSI in the development permission .(includingBasic Premium FSI,
excluding the area covered in Regulation No.6.8) shall be allowed the payment
at the rate as specified below on the land rate inAnnual Statement of Rates of the
without considering the guidelines therein. This shall be "'IJ'JU""'V~'"

Pune and Thane Municipal Corporation. 15%


1
Nagpur, Nashik Municipal Corporation and Municipal 10%
2
Corporations in MMR (except Thane) and Metropolitan
Development Authority area.
All other Municipal Corporations. 10%
3
Municipal Councils, Nagar Panchayats and R.P. area. 10%
4
that in case of non-resid€ntial use, the extent of ancillary area shall-be upfo
separate calculation shall be required -to be done for this ancillary FSI. Entire
development permission shall be calculated and shall be
FSI, premium FSI, TDR, additional FSI including aJ.J\Jill<U

99
UDCPR-2020

Provided further that, the above mentioned rates shall not exceed the rate of premium
mentioned in column 4. of Table 7 A under Chapter-7 where the development permission is
sought for the uses mentioned in the said table.
Provided further that, this ancillary area FSI shall be applicable to all other schemes like
TOD, PMAY, ITP, IT, :MHADA,etc. except SRA. In the result, free ofFSI items in the said
schemes, if any, other than mentioned in UDCPR, shall stand deleted.
2) All notes mentioned below Table 6-G of Regulation No. 6.3 shall be applicable, mutatis-
mutandis.
3) Utilisation of ancillary area FSI is optional. It can be used fully/ partly.
4) In case of composite building of mixed users premium and ancillary area FSI shall be on
prorate basis.

100
UDCPR-2020

1 2 3 4 5 6 7 8 9

Below 9.0 m. 1.50 1.50 1.50

2 9.00 m. and 2.00 0.30 - 0.30 2.60 0.30 0.10 2.40


below 18.00 m.

3 18.00 m. and 2.00 0.30 0.50 2.80 0.30 0.20 2.50


below 30.00 m.

( 4 30.00 m. and 2.00 0.30 0.70 3.00 0.30 0.20 2.50


above

(
101

/
UDCPR-2020

1 Below9m. DO 1.10 1.10


2 9 ID. and above but below 12 m. 1.10 0.50 0.40 2.00 0.30 0.30 DO
3 12 m. and above but below 15 m. 1.10 0.50 0.65 2.25 0.30 0.60 2.00
4 15 m. and above but below 24 m. 1.10 0.50 0.90 2.50 0~30 0,70 2.10
5 24 and above but below 30 m. 1.10 0.50 1.15 2.75 0.30 0.90 2.30
6 30 and above 1.10 0.50 lAO 3:00 0.30 1.10 2.50
Note-
(
i) In addition to above, ancillary area PSI up to the extent of 60% of the proposed PSI in the development permission (including Basic FSI, Premium
PSI, TDR but excluding the area covered in Regulation No.6.8) shall be allowed with the payment of premium as specified ill!Regulation No.
6.1.1.This shall be applicable to all buildings in all zones.

Provided that in case of non-residential use, the extent of ancillary area FSI shall be upto 80%. No separate calculation shall be required to be done
, I
for this ancillary area PSI. Entire PSI in the development permission shall be calculated and shall be measured with reference to permissible FSI,
premium PSI, TDR, additional FSI including ancillary area PSI added therein.
Provided further that, this ancillary area PSI shall be applicable to all other schemes like TOD, PMAY, ITP, IT, MHADA, etc. except
(I) Rehabilitation component in SRA. In the result, free of PSI items in the said schemes, if any, other than mentioned in UD<!:PR,shall stand
deleted.

ii)
, .
The column of TDR shall not be applicable for the area, where there is no Planning Authority and accordingly, values in subsequent COlumnshall
stand modified.
(I) Substitucd Vide Addendum No.CR 2361"18,lit 14'" ,Jannary,2021.

(
125
UDCPR-2020

iii) The maximum permissible limits of FSI specified in the Table above, may be allowed to be exceeded in cases mentioned in Chapter - 7, where
higher FSI is permissfble over and above the limit specified in above table.
iv) Maximum permissible building potential on plot mentioned under column No.6 or 9 shall be exclusive ofFSI allowed for Inclusive Housing as per
Regulation No.3.8. There is no priority fixed to utilise premium FSI or TDR as mentioned in Column No.4, 5 and 7,8. (I) However the Authority,
considering the local situation, may allow utilisation of premium FSI and TDR, in equal proportion of permissible premium FSI and TDR
mentioned in column NoA, 5. and 7, 8. (e.g. if out of premium FSI mentioned in column No.4 & 7,40% is proposed to be utilised then out of
TDR mentioned ill column No.5 & 8~40% TDR shall also be utilised.) In such cases the Authority shall issue written, well-reasoned speaking
orders to that effect. Other conditions of TDR utilisation shall be applicable as per the TDR Regulations No 11.2. In respect of service road,
shown on development plan or in approved layout, or plots facing on major road, however deriving access from other roads, the width of highway
or major road shall be considered for entitlement of building potential as per column 6 or 9 of above table, as the case may be.
v) Out of quantum of TDR mentioned in Column No.5 or 8 minimum 30% and subject to maximum 50% of TDR shall be utilised out of the TDR
generated from Slum Rehabilitation Scheme (Slum TDR) / (2) Urban Renewal TDR / TDR generated from the area of notified URP as per
Regulation No. 14.8.8 (iv) (c) (i) / Amenity construction TDR (tiJi generation ofURT). If such TDR is not available then other TDR may be used .
. •
vi) The:restrictions of road width mentioned above shall not be applicable in cases Where, the permissible FSI is more than the basic FSI in various
schemes such as slum rehabilitation scheme, redevelopment of dangerous buildings, cluster development for congested (core) area, redevelopment
of MHADA buildings, TOD etc. in such scheme, regulations of respective scheme shall be applicable. (3) However, for special buildings as
memioned ill Regulation No ..J.3(93)(xiv), provisions mentioned ill Regulation No. 3.3. 9 shall be applicable.
vii) The maximum limits of FSI prescribed above shall be applicable to (a) fresh permission (viz., green-field development (i.e. building on a vacant
plot of land) and brown-field development (i.e., cases of addition to existing building where a permissible FSI has not been exhausted.) and also to
(b) an existing building which has not been granted full occupation certificate. The cases of existing buildings shall be subject to production of
stability certificate from structural engineer.
viii) Premium - Rate of premium for the premium F.S.l., as mentioned in Column No.4 and 7 above shall be 35% of the rate of the said land
mentioned in Annual Statement of Rates without considering the guidelines therein. Apportionment of such amount between Authority and
Government shall be as decided by Government from time to time. The premium of the Government, if to be paid, shall be deposited by the
Authority in the specified head of account of the Government. In the area of Regional Plans, entire premium shall be paid to the Government
through the District offices of Town Planning and Valuation Department.
(I) Inserted VldeAddenduru No.CR 236/18 (Part 1), tit. 8'h October, 2021.
(2) Inserted vide Corrigendum I Addendum No. CR 121/21, dt. 02"" December, 2021.
(3) Inserted Vide Notiiaction No.CR 236/18 (Part-J), dt, 02"' December 2021.

(
126
UDCPR-2020
ix) Basic PSI and premium FSJ for unauthorisedly subdivided plots having area up to 0.4 ha. shall be m 75% of the quantum mentioned in
(I)

column No.3, 4 & 7 and the TDR shall be to the extent of50% of the quantum mentioned in column No.5 & 8 This provision shall be subject
to provisions in Regulation No.3.4.1 (i) (a) and (c) wherein plot shall be entitled for full potenti~al~. -----------
------- ~) The utilis tion-:-oLTDR-mentienea-inabove-table-would oe avmTiilileto an existing road width of9 m. and above so marked under relevant Act.
xi) Por plots regularised under Maharashtra Gunthewari Development (Regularisation, Upgradation and Control) Act 2001, these regulations shall
apply and allowance of TDR in column No.5 andx shall be to the extent of 50%. This shall also be applicable for cases mentioned in Regulation
No.3.4.1 (i)(b).

xii) (#) In case plots having approach by dead end road, (point access) the potential of plat mentioned in above table shall be permissible iflength of
such access road does not exceed 100 m.

xiii) If the strip of land / plot adjacent to road is surrendered by the owner to the authority for road widening, then benefit of widened road in terms of
building potential, permissible height shall be granted subject to condition that such road widening shall result in widening of road from junction
of roads (or origin of road) to junction of roads (or T junction).

xiv) Entire area of plot may be considered for calculating the potential of plot in respect of premium PSI + TDR, but not the basic PSI. Basic FSI shall
be calculated on area of the plot remaining with the owner after deducting area under D.P. road / (I) road widening I reservations ood amenity
(
space. This shall be applicable in cases where reservation area or amenity space is handed over to the authority.
xv) If (2) any road of width less than 9.0 m: is proposed to be widened to 9 m. by the Authority under thy provisions of the Municipal Corporation or
Municipal Council Act, by prescribing line of street (2) considering 4.5 m from centre line of the existing road and owner ofthe plot hands over
such affected strip along such road to the authority, then he may be entitled for FSI and potential applicable to 9 m. road. (2) TIlts shall be
applicable to roads in congested area also.
(1)Inserted I Substitucd vide Corrigendum I Addendum No. CR 121/21, dt. 02 December, 2021.
h•

(2) Inserted I Subsritued Vide Corrigendum I Addendum No.CR 79/2021, dt. 02"01December 2021.
(#) Clarrlflenrlon used vide OrdCJ"No.CRc2361J8 (Purt=tl] tlL23.12.202.l.

(
127
p(33
of land on which residential/commercial 'development permission is ,.".,u.~,~

"",,, ..u.. edlto be converted into residential/ commercial zone to the extent of that
xiv) authority for development of reservation is other than the planning
then such appropriate authority may be consulted for of the
amenity to be handed over, before granting the development permissi
xv) In case iof Nagpur Municipal Corporation, for development of commercial r",,,,,,,"V'.."
f
Sr. No. of Table No. II-A, FSI permissible for development of reservation shall
Regulation No. 10.3.1. In such case the construction area to be handed
authority shall be 1.5 time of the plot area to be handed over and the owner shall
to utilise entire potential of reserved plot as per Regulation No. 10.3.1.
xvi) This regulation shall not be applicable for development of amenity space to be
per Reg~lation No. 3.5 and Regulation No. 4.8.1. ,
xvii) The norms mentioned above in note (1) (i) for B and C class Municipal
, to non-Municipal Town Development Plan also.
aIJIJU',av~"

11.2.1

Transferable D1velopment Rights (TDR) is compensation in the form of Floor Space ,


or Development Rights which shall entitle the owner for construction of built-up area
provisions in this regulation. This FSI credit shall be issued in a certificate which shall be
Development Rilght Certificate (DRC). ,
I

Development Rights Certificate (DRC) shall be issued by Authority under his v,,..,~_,~
endorse thereon in writing in figures and in words, the FSI credit in square meters of the
area to which the owner or lessee is entitled, the place from where it is generated and
that plot as preseribed in the Annual Statement of Rates issued by the Registration
the concerned y1ear. TDR generated within the jurisdiction of a particular Authority,
utilised within tb'ejurisdiction of the same Authority as per this regulation.
'11.2.2 Cases eligible for Transferable Development Rights (TDR)
Compensation iJ terms of Transferable Development Rights(TDR)shall be permissible
i) lands under various reservations for public purposes, new roads, road widening
are subje!ted to acquisition, proposed in Draft or Final Development Plan, nr""n<=Iro"'r1
the provisions of the Maharashtra Regional and Town PlanningAct, 1966;
I
ii) lands under any deemed reservations according to 'any regulations prepared as per the
provisions of Maharashtra Regional & Town Planning Act, 1966;
iii) lands undbr any new road or road widening proposed under the provisions of Maharashtra
Municipal Corporation Act, Maharashtra Municipal Council, Nagar Panchaj'at and
Industrial!TovmShip Act;
iv) In case ~Fere layout is submitted along with proposed Development Plan Road, in such
cases TDR shall be permissible for entire road width as per these regulations.
v) development or construction of the amenity on the reserved or deemed reserved Ian I;
vi) unu~zed FSI, of any .structur~ or precinct w~ch _is_d~~l_ared as_:f{erit~ge stru9tur.e or
precinct l1fi~ettht:f!If6vlSions of Unified Development Control and Promotion Regulations,
dueto resfu-ictionsimposed in that regulation; I
vii) in lieu of Iconstructing housing for slum-dwellers according to regulations prepareiil· under
the Ma~arFp.tra Regional & Town Planning Act,1966; .
(.1 Substitued vide C01rigendUm I Addendum No. CR 121121, dt. 02nd December, 2021. I
230
UDCPR-2020

_________________________________________
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421
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..lIDCPR-2020

iii) no such cHarges shall be levied for renewal of permission. I


iv) in case where minor amendment to the plotted layout approved prior to 10/811992 are
proposed or where development charge for land development has already been co lected in
past, no 1evelopment charge should be levied for such amendment of plotted layout
provided no consrruction was proposed in the said layout i.e, only plotted IJ out was
approved.
v) construction of compound wall is meant for protection of property and as such no
developl~~nt charge shall be levied for construction of compound wall or for epairs of
compound wall. I
vi) no development charge shall be recovered in respect of maintenance work, internal repairs
oTbUilcliriis~-Dr--forstrengtheTIi:D.g
I
the existing building provid;;-d"sli"Chv,;orks do nbt
involve
consumption of additional floor space.
vii) for any reconstruction work, development charge shall be levied in full whic involves

~I
demolitioh of existing building and reconstruction of new building.
vili) in case cooperative housing society is authorised by Maharashtra Housing and Area
Development Authority or Bombay Housing and Area Development Board to dertake
reconstruction of old! dilapidated building (which work would otherwise, nave been
undertakdn by MHADA), no development charge shall be recovered from that col-operative
housing Ikociety, provided the FSI does not exceed the existing or permissible FSI
whichev~r is lower. Provided further that it accommodates existing tenants only. Further in
reCOllStrulCtiOnInvolving consumption of additional FSI and accommodation of additional
members other than existing tenants, proportionate development charges shall be
recovered.
ix) In case nlo development work is carried out in pursuance of permission and pe SSlOnis
lapsed orr permission is cancelled on the request of the owner, the developme t charges
paid, shall be adjusted in permission that may be granted in future.

2.2.14
I
'Premium Charges and Fire Infrastructure Charges.; .
i) Premlum Charges - Premium charges as may be required to be recovered upder these
regulations shall be paid to the Authority before issue of development ~ermissionl
commencement certificate. The 50% Premium share of the Government shall b I deposited
II
by the Authority in a specified head of account of the Government. The amount of
premium collected by the Authority shall be kept in a separate account and it shall be
utilized for development of civic amenities and infrastructure.
In case of Regional Ppfu~ea, 100% premium charges shall be paid to Government through
the District offices of Town Planning and Valuation Department.
I ,- --"
The af~resrud premium charges except the premium leviable under Chapter 5 of these
regulations shall be allowed to be paid in the instalments with interest @ 8.5% ~er annum
in the following manner and subject to following conditions.
A) Optien= I
a) B¥lding below 70 m. height.

Initial At the end of Month with interest I


Pa)jlllent
I 12th 24th 36th I 48th
1st InJtalment 2nd Instalment 3rd Instalment 4th Instalment 5th bstalment
lb% 22.5% 22.5% 22.5% 122.5%

30
. UDCPR-2020 .

b) Building having height of70m. and above.


-
Initial At the end of Month with interest
Payment
,_. 12th 24th 36th 48th 60th
lst . 2nd 3rd 4th 5th . 6th
Instalment Instalment Instalment Instalment Instalment Instalment
10% 18% 18% 18% 18% 18%

B) Option- 2
The instalment of 20% shall be paid at the time of granting development permission /
commencement certificate and remaining 80% amount at the time of occupation certificate.
The remaining amount shall be liable for interest @ 8.5% per annum.
Notes:
i) The instalment shall be granted with the interest at the r.ate of 8.5% p.a. on reducing <;>
outstanding balance premium.
ii) The owner / developer shall deposit post-dated cheques for instalment amount with an
interest due drawn on scheduled bank, as per the scheduled date of payment.
iii) Occupation Certificate shall be granted in proportion to the payments made.
iv) The first instalment shall not be less than 50 Iakhs in case of A, B C, Class Municipal
Corporations and 25 lakhs in case of other areas. In such case, the remaining amount
shall be apportioned in remaining instalments.
v) The aforesaid option 1 & option 2 shall be applicable for the period of2 years.
ii) Fire Infrastructure Charges - These charges shall be decided by the Government from time
to time.

2.2.15 Structural Stability Certificate


In case of special buildings, the application shall be accompanied by structural stability
certificate signed by the licensed Structural Engineer to the effect that the building is safe against
various loads, forces and effects including due to natural disasters, such as, earthquake, ,~-
landslides, cyclones, floods, etc. as per Part 11 'Structural Design' and other relevant Codes.

2.2.16 Signing the Plan


All the plans shall be duly signed by the owner, co-owner, if any, and the Architect or Town
Planner or Licensed Engineer / Supervisor and shall indicate his name, address and Registration /
license number (allotted by the Authority).

2.2.17 Size of Drawing sheets


The size of drawing sheets shall be any of those specified in Table 2A.

Sr. No. Designation Trimmed Size, mm


1. AO 841 X 1189
2. Al 594 X 841
3. A2 420 X 594

31
p}~
......._ -:~r

CI~(>(; -;.JI'
..::D CPF'i0t.;' \
In l'·~o' F- t( 0 S2...C>.
I "'"='

CIDCO/ECO/2022/E_ I tOS"28 ,
Date' . 0~ 1~_~J:.3J.'LQ_
08 04 202d ' ,.
1
Subject ..
r

Reserve Price of land in various Nodes


and
I Surrounding areas in Navi Mumbai for the year 2022-
2023 from 1st April 2022 to 31st March 2023.
I
The Boar~ of Directors of CIDOOhas approved the proposal of the revision in ~eserve
Prices of INodes and surrounding areas in Navi Mumbai vide Board Resolution
l'fp.12547r dated 02.04.2022. The Reserve Prices of land in various Nodes and
. surrounding areas in Navi Mumbai as mentioned in the Table below are vJid from
I
01.04.2022 to 31.03.2023 till further revision as a Marketing Strategy.

L
~ I .
Sr.
No. Reserve Price for 2022 -12023
II Node (01.04.2022 to 31;03.2023)
Rupees per Square MJter
J
1 Airbli
13,220 ,I
2 Gh,~soli

.a
3
4
K~arkhairne
Vashi
11,460
15_!_390 ,
I
'. 5 Sarl..E_ada
22,490 I
6 Nemrl
18,789 I
7 CBD Bela.Qur
19,315 I
8 Khar_ghar
13,545 I
'13,545
9 New Panvel 12,510
10 I
Kalamboli lResi1_
11 Kalamboli lW{H)
9,530 I
9,530 I
12 .Juit·Kamothe
,I
9,530
13 Drqn~giri 9,850
14 Ul~e 8;:7-45 I
..
15 Area outside nodes (including Karanjade, 11,280

16
TalJla, Push_Eaketc.)_ I
Area outside nodes (incluciillg RPZare~ 11.280 I

N. ~tJJ.·
~
Sr. Economist

All HoDs

Copy to PS to VC & MD : for i.nformat~on


Copy to p~ to Jt. MD-I : ~or ~n~ormat~on.
0)ol'y to PS EO Jt. MD-II : f~r .~nfQrma~on
Copy to PS to Jt. MD-lll : for mformation CIDCO's Website.
Copy to S~stem Manager to upload the same on
i
·. '

CIDCO/M (TS-I1I)/2022/E-l j ..gg 01' Date: 19,09.2022


:11 -, 0 I
Subject: 1. Policy to grant permission of partial enhanced Basic FSI to fhe plots
whel!fin Full Occupancy Certificate is obtained. I.
2. Lessor Fee towards grant of TDR in the jurisdiction 0 Panvel
Municipal Corporation.
3. Premium to be levied towards grant of Additional FSI in Pushpak .
Nod~.

The Corporation is functioning as New Town Development Authority, for Navi


Mumbai Area an~ has allotted plots as per the provisions of New Bombay D'sposal of
Lands 1975 (subsequently amended as Navi Mumbai Disposal of Lands (Amendment)
Regulations 2008D.
Governmert of Maharashtra vide Notification dated 2nd December 2020 has
sanctioned the qnified Development Control and Promotion Regulations (U CPR), for
Maharashtra for kll the Planning Authorities and Regional Plan areas except Municipal •
Corporation of G~eater Mumbai (MCGM).The Government, with the provisi ns of the
UDCPRhas enhaml' ced Base FSI and introduced the concept of Premium FSI,Ancillary FSI
and TDR.(CI i) I
As per table 6G of described under clause no. 6.3 of UDCPR2020, the Basic FSI for
all users except ipdustrial user was enhanced from 1.0 to 1.1 and Basic FSI for Industrial
user was enhanc~d from 0.5 tol.O. (C/rJ_~ )
As per pr~visions made under clause 10.14 of UDCPR2020, the said prol ision was
extended to all mDCO area excluding NAINAarea. Further, by regulation 10.14A.l, the
said provisions as extended to CIDCO area within, PMC. Wherein Regulations No.
'!wI

10.10.1, 10.10.2110.10.3, 10.10.5 and 10.10.6 is made applicable to CIDCOa' ea within


Panvel Municipal Corporation. Clause no. 10.14.2 (e) of the said Regulation pro .des policy
for Basic FSI & Ahditional FSI in the Pushpak Node (Cj2=\).
, The Corporation, vide BR 12464 dated 31.07.2021, has passed a p~oposal for,
imple~entationlpf UDCPRpublished by the Government of Maharashtra on g2.12.2020.
Wherein, as per clause D(g), the maximum rate of 35% of prevailing ASRis suggested for
grant of enhanced basic FSI from 1.0 to 1.1 for all users except for Industnal use (for
enhanced basic E'SIfrom 0.50 to 1.0 for industrial use) (C/'3+to C/ b'2».

• Issue 0fc ons}:l.d eratlOn:


I
.
1. Partial Enhanced Basic FSI:
i. As per table 6G described under clause no. 6.3 ofUDCPR 2020, the BasiF FSI for all
users except industrial user is enhanced from 1.0 to 1.1 and Basic FSI for Industrial
user was enhanced from 0.5 to1.0. '

ii. Estate-III lepartment is in receipt of various applications made by the Licensees


requesting for partial enhanced Basic FSI merely on the basis of requirement as
certified b¥ Architect, since in many of the cases, the enhanced Basic SI of 0.1 is
I

superfluous & does not meet the norms of prevailing DCRonce the Full Occupancy
l
Certificatl is obtained.
Hj;wever, UDCPR 2020 & BR 12464 dated 31.07.2021 does mot provide
gUidelines,with reference to permission of partial enhanced Basic FSI premium
charges to be levied for permission of the same.
i

I
2. Lessor Fee towards grant of TDR in the jurisdiction of Panvel Municipal
Corporation:

i. As per provisions made under clause 10.14 of UDCPR 2020, the Regulations No.
10.10.1, 10.10.2, 10.10.3, 10.10.5 and 10.10.6 are made applicable to CIDCOarea
excluding NAINAarea,

ii. Further, by Regulation no. 10.14A.l, the Regulations No. 10.10.1, 10.10.2 10.10.3,
10.10.5 and 10.10.6 is made applicable to CIDCOarea within Panvel Municipal
Corporation.

iii. Estate-III Department is in receipt of various applications made by the Licensees


requesting for permission to use TDR on the plots leased by CIDCO in the
jurisdiction of Panvel Municipal Corporation, which is generated on the land under
the jurisdiction of Panvel Municipal Corporation other than CIDCOarea.
_ _ However, UDCPR 2020 & BR 12464 dtd 31.07.2021 does not provide
guidelines with reference to Lessor Fee to be levied for grant of permission of such .---...
TDRbeing issued by the Panvel Municipal Corporation.

3. Premium to be levied towards grant of Additional FSIin Pushpak Node:


i. Clause no. 10.14.2(e) of the said Regulation states that,
'The base FSI of the lands within Pushpak Node as described by CIDCOshall be 2.0
irrespective of the land use and the maximum permissible FSI shall be 2.5. Provided
that with the previous approval of VC & MD, CIDCO,this additional 0.5 FSI may be
granted for utilization on these plots subject to payment of additional premium as
may be decided by the Corporation. Alternatively, with the previous approval ofVC &
MD, CIDCO, additional FSI 0.5 in the form of DRC base FSI of 2.0. However, while
granting such additional 0.5 FSI VC & MD, CIDCOshall give priority to grant of such
additional FSI in the form of DRC.'

ii. Estate-III Department is in receipt of various applications made by the Licensees


requesting for Additional FSI over & above the basic FSI in respect of the Plots in
Pushpak Node.
However, UDCPR2020 & BR 12464 dated 31.07.2021 is silent in regards
to premium chargeable for grant of permission of such Additional FSI in the form of
DRCin respect of the plots in Pushpak Node.

4. As per clause 6.3 (Viii) of the said Regulation, the rate of premium for Premium FSI
is mentioned in Column no. 4 and 7 of Table 6G shall be 35% of the prevailing rate
of the said land mentioned in the Annual Statement of Rates (ASR). In addition to
this, as per clause 6.1.1 of UDCPR2020, the rate of premium for Ancillary FSI shall
be 10% of the prevailing rate of the said land mentioned in the Annual Statement of
Rates.

5. However, there is inadequate clarity in:


i. Directives regarding permission'of part of enhanced basic FSIas utterly on the basis
of requirement of the Licensee jLessee.

ii. Guidelines regarding charges to be levied Lessor Fee towards grant ofTDR as being
used on the plots leased by CIDCO,under the jurisdiction of Panvel Municipal
Corporation.
'" 'It.....

iii. The policy regarding grant of additional FSI in the form of DRCin Pushp k Node &
applicable charges

• Recommendation:
In view of tHe above, following recommendations eire subnuued:

1. • permiSSionl to use part of Enhanced Basic FSI: •


i, Table 6G of UDCPR 2020 permits enhancement of 0.1 Basic FSI for all users.
Accordinglyj for the Plots except for Industrial use, the Basic FSI is enha t ced from
1.0 to 1.1.
ii. Estate-III Department is in receipt of various applications made by the Licensees
II
requesting for partial enhanced Basic FSI merely on the basis of requirement as
certified by ,!.Architect,since in many of the cases, the enhanced Basic F~I of 0.1 is
superfluous' & does not meet the norms of prevailing OCRonce the Full Occupancy
. Certificate ii', obtained, Hence, the Licensee may no! be able to consu!llel complete
enhanced B~sic FSI (I.e. 0.1), but partial enhanced Basic FSJ(.e.less than 1.1).
iii. Partial enhJnced Basic FSI of less than 0.1 may be permitted subject to following
conditions: !I
a. ThE)Licensee should have obtained Full Occupancy Certificate for Base FSI
b. Reduested partial Enhanced Basic FSI shall be verified by cloncerned
Pla,ning Authority.
iv. Further, it is recommended that, this provision shall not be applicable t the plots
'I
under Reconstruction/ Redevelopment and freshly allotted plots.

2.
i.
Premium
UDD of
J
be levied for TDR Loading:
!Government of Maharashtra, vide their letter no ~-
1221/1039;q'~I' .42/21f1'fct-12 dtd. 14.06.2021 have given directives as below:
I ;
#I f."l~")IG!'i~ % sn $nl:rm fli cfGt f."lCf)mIT-wa:m/ lWIT'l;@"-wa:m ~ JifI (.Vtj Iljcis CtIT Hrot-=Cf?~1
o..ttft
~
~ ~Cjq5fqCf)150 ~ ~~ tt lWIT'l;@" -wa:m ~ f."l~1G!'i ~ J{lOI\)1Q
~ li$Hl!XI~IRlCt>Cf);g q \3Clfur ~ xCi¢i1QCf)l 25 c-c$ ~ %~ ~ fUfl ~
LljT;)Cf);Sq~ 25 Cc$ ~% :c<llfI'iICf);g ~-r{UJPlR"riT~~, ~4-i~~P"1$IHJlxqIRlCf)1
~m ~ ~4)loft ~ 4cFfTR fq-q;m ~ / f.'l~11J1'i mftrcp~ur -3i1~' ~1 f6cp-r~1t ~~
mm qNHI~ ~mr<1 t>IOI!=l:l1xCi¢i1QCf)150 ~~tt q\3Clfur xCi¢i1~Cf)125 ~
fu\SCf)")ICf)\%

~lm%~~
~ tt ~ lii;?H1IxqIRlCt>fI q 25 c-c$ ~ tt :c<llfI'ilfi 'l-RUJT ctRtiT ~
lii;?Hll{qIRlCf)1 aI?1ICf)~dl ~'EGT~~,"
~, ~

ii. Transferrable Development Rights (TOR) is compensation in the form of FSI or


Development Rights, which shall entitle the owner for construction of bui t-up area
subject to pfovision under Regulation no, 11.2 of the UDCPR2020.

In this regold, it is recommended that, TDR is generated on the Land nder the
jurisdiction OfPanvel Municipal Corporation other than plots leased by COCO.This
II

TORmay be permitted to be used on the Plots leased by CIDCOon recove y of 25%


oftotal Pre~ium(at the rate of 35% of prevailing ASR) of TOR as Lessor Fee.in line
with directives of UDD of Government of Maharashtra issued vide lktter dtd.
14.06,2021'1
!
3. Grant of additional FSI for Pushpak Node:
i. The Regulation 10.14.2 (ii) (e) of the UDCPR2020 states that;
"The base FSI of the lands within Pushpak node as described by CIDCOshall be 2.0
irrespective of the land use and the maximum permissible FSI shall be 2.5. Provided
that with the previous approval of VC&MD, CIDCO,this additional 0.5 FSI may he
granted for utilization on these plots subject to payment of additional premium as
may be decided by the Corporation. . ~f
Alternatively, with the previous approval ofVC & MD,CIDCO,Additional FSI 0.5 in the
f,
form of DRCshall be allowed on lands within the Pushapk Node only over and above
the base FSI of 2.0. However, while granting such additional 0.5 FSI VC& MD, CIDCO
shall give priority to grant of such additionat PSI in the form ofDRC.
H

ii. Accordingly, Additional FSI of 0.5 can be permitted in the form of DRCin Pushpak
Node on recovery of ALP calculated in line with the rate of premium recovered for
Premium FSI as per column no. 4 and 7 of Table 6G of UDCPR2020 & BR 12464
dated 31.07.2021, i.e. at the rate of 35%'of prevailing ASRrate. Also, as pet clause
6.1.1 of UDCPR2020, the rate of premium for Ancillary FSI may be 10% of the
prevailing rate of the said land mentioned in the Annual Statement of Rates.

iii. With reference to the above, Sr. Economist has suggested that 'we may charge
prevailing ASR for Revenue Village in Pushapak Node OR the prevailing
Reserve Price of Pushpak Node, whichever is higher as a basis for calculation of
additional lease premium for permitting additional 0.5 FSI.' (C{f2»

iv. In view of the above, it is recommended that based on the guidelines provided in
Table 6G of UDCPR2020 and provisions made under BR 12464 dated 31.07.2021,
the Additional Lease premium may be calculated at 35% of the prevailing rate of
the said land mentioned in the Annual Statement of Rates or 35% of the prevailing
Reserve Price of Pushpak node, whichever is higher, while granting the additional
FSIover and above the basic FSI for Pushpak node.

• Proposal:
In view of the above it is proposed that-
i. Permission to use part of Enhanced Basic FSI: Partial enhanced Basic FSI of less
than 0.1 may be permitted subject to following conditions:
a. The Licensee should have obtained Full Occupancy Certificate for Base,FSI
b. Requested partial Enhanced Basic FSI shall be verified by concerned
Planning Authority.

(This provision shall not be applicable to the plots under Reconstruction/


Redevelopment and freshly allotted plots.)

ii. Premium to be levied for TDR Loading: TDR is generated on the Land under the
jurisdiction of Panvel Municipal Corporation other than plots leased by CIDCO.This
TDR may be permitted to be used on the Plots leased by CIDCOon recovery of 25%
oftotal Premium (at the rate of 35% of prevailing ASR) ofTDR as Lessor Fee.

iii. Granting additional FSI for Pushpak Node: Based on the guidelines provided in
Table 6G of UDCPR2020 and provisions made under BR 12464 dated 31.07.2021,
the Additional Lease premium may be calculated at 35% of the prevailing rate of
,"., ~:-.•_: I
N/S
8&;L~[",,:~ i'~~\+-i
' ",.. , .. ' I -e k>
;~ ~"(\l i...
c ·1 0
tK.[~ . - -'f'\lA~~
the said iakll Mentioned in the Annual Statement of Rates or ~9% ofthT prevail~g
Reserve P~ice of Pushpak nope, whichever is higher, while granting thlf additional
FSI over a*d above the basic FSI for Pushpak node.

In view of the lbove, the proposal is hereby submitted for approval. If approved, the
proposal will b ,.placed beforethe Board, The Draft Is placed at Cle. ?to Cfo';ff I.

7
TS-I) M(TS-III]

"
II.

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