Cluster Development [DCR 33/9]

URBAN RENEWAL SCHEME/CLUSTER DEVELOPMENT [DCR 33/9]

•    What is meant by Urban Renewal Scheme?It means any scheme in island city of the Mumbai having a minimum area of 4000 Sq mtrs. The plot should be bounded by existing physical boundaries such as roads, nallas, and railway lines.•    Policy introduced vide TPB 4307/2346/CR-106/2008/UD-11 dated 02nd March 2009•    It is applicable only in island city.•    Who all can undertake the schemes under new 33/9?        [a]    MHADA either departmentally or through any suitable agency.        [b]    MCGM either departmentally or through any suitable agency.        [c]    MHADA jointly with land owners                    MHADA  jointly with Coop Housing society of tenants/occupiers.                MHADA and developer                MHADA  and coop Hsg society of hutment dwellers.        [d]    Independently by landowners        [e]    Independently by coop hsg societies of tenants         [f]    Occupiers of the buildings or Developer

FSI AVAILABLE

•    FSI 4 or required for rehabilitation + incentive, whichever is more.•    Plot size should be minimum  of 4000 sq.mtr. Mtr [1 acre]•    FSI for non residential user is 30% of incentive FSI.

HIGH POWER COMMITTEE

COMPOSITION:        Chairman :               Municipal Commissioner. Mumbai Municipal Corporation        Members:                 Commissioner. MMRDA                                           CEO. Mumbai Repair and Reconstruction Board

                                            Joint. Police Commissioner [Traffic ] Mumbai                                            Chief Architect. PWD                                            Deputy  Director  Town Planning. Mumbai         Member Secretary:  Director. [ESP] Mumbai Municipal Corporation

POWERS:

•    According approvals to proposals of Redevelopment under Urban Renewal Schemes.•    Review and suggest Improvements/ changes in urban Renewal schemes on Basic amenities and services such as Roads, Sewerage disposal, water and Electricity supply, transport, open spaces, public amenities etc.•    Issuing directions to developer to complete the project in planned and time scheduled manner.•    Ensuring that the public Reservations as per the Development is developed.•    Approvals to change the various boundaries of plots in Urban Renewal Schemes.•    Supervising and controlling the infrastructural Revenues exclusively for the infrastructural purpose.•    Implementing government directives issued from time to time in making the Urban Renewal Schemes success.

ELIGIBILITY OF BUILDINGS:    What are to characteristics of structures that are eligible to be included in the Urban Renewal scheme?    [a]    Cessed buildings of  A, B & C categories in Island City which attracts the provisons of the MHADA act 1976.    [b]    Buildings erected before 30/9/1969 and acquired by MHADA under MHAD Act 1976.    [c]    All buildings belonging to:

           Government

           Semi Government

           MCGM

           Institutional buildings

           Office buildings

           Tenanted municipal buildings

           Buildings constructed by MHADA

           The above buildings must have been constructed prior to 30-09-1969 and it must have built up area of 2000 Sq. Mtrs. However prior permission of the concerned department shall be obtained before granting development permission.

    [d]    If buildings erected before 30/9/1969 which are unfit for human habitation due to disrepair or have structural/sanitary defects. Those buildings also qualify which have bad configuration or are narrow due to streets. It also includes those buildings which are dangerous or injurious to the health of the occupants but it should be certified by the officer designated by MHADA /MCGM.

    [e]    There may be some buildings having conditions mentioned in para [d] but are constructed after 30/9/1969 and are to be included in the scheme. In such case prior approval of the state will be required.

    [f]    Slum areas declared as slums under section4 of Slum Act or slums on public lands prior to 1-1-1995 or such other reference date notified by the government, can also be included in the scheme. But the percentage of slum area and the buildings constructed after 30-9-1969 should not exceed 25% [1/4th] of the total plot area.

    [g]    any land belonging to the government, semi government, MCGM and MHADA [either vacant or built upon] which have been given on lease or have the tenure of occupant Class II which falls within the proposed URS shall be made available for the project subject to payment of premium at the rate of 25% of the Ready reckoner.

    [h]    If some areas already developed / are in the process of development under different provisions of DCR, such areas can be included in cluster for purpose of calculation of area of cluster but if they have slums and buildings prior to 1969, they should not exceed 25%. Of total plot area, however it shall be necessary to obtain consent of owner/owners of such areas to some part of cluster.

*    Unauthorized construction shall not be taken in account while computing FSI.*    Mezzanine floors constructed prior to 13/6/1996 and regularized subsequently will be eligible for rehab and incentive FSI.*    Redevelopment or Reconstruction under URS may be permitted by written consent by not less than 70 percent of eligible tenants/occupants. If MHADA/MCGM undertakes scheme, then consents are not required.*    Minimum fixed carport area of 27.88 sq. mtr [300 Sq. feet] and maximum area

equivalent total occupied in the old building. In case commercial, area will be equal to area occupied in old buildings.*    If the tenant has area less than 300 Sq. Feet, he gets 300 Sq. Feet and if he has more area more than 300 sq. feet and less than 753 Sq. Ft, he get that area which is under his occupation in old building.*    Enclosed balcony area is also included in calculation of carpet area.*    If carpet area for residential purpose exceeds 70 Sq, mtr the cost of construction shall be paid by the tenant/occupant to the developer. The cost of construction shall be fixed by government from time to time.*    In case of commercial user, maximum carpet area to be provided is equal to the area occupied in old building.*    Transfer of tenement of tenants is allowed as per the provisions of Cooperative Society act but in the slum occupant in new rehab building, cannot transfer it for 10 years.*    If the property is located in CRZ, the provisions of CRZ will prevail.*    Religious structure of the original size is permitted in the scheme.*    HPC will decide the corpus fund that can take care of maintenance for 10 years *    Where Rehab area exceeds 2.50, MHADA/MCGM shall get 5% of built area for FSI 4.00 free of cost. This additional area shall be included in rehabilitation area and incentive to the extent of 50% shall be available for this area.*    If Urban Renewal scheme is falling in CRZ, the MOEF notifications will prevail

For slum areas:    For slum areas:    [a]    names on election roll of 1/1/1995    [b]    Redevelopment or Reconstruction under URS may be permitted by written consent by not less than 70 percent of eligible tenants/occupants. If MHADA/MCGM undertakes scheme than consents are not required.    [c]    Minimum fixed carpet area of 27.88 sq. mtr [300 Sq. feet] and maximum area equivalent to area occupied in the old building. In case commercial, area will be equal to area occupied in old buildings.    [d]    If carpet area for residential purpose exceeds 70 Sq, mtr the cost of construction shall be paid by the tenant/occupant to the developer. The cost of construction shall be fixed by government from time to time.

16.    How is the FSI shared in urban renewal scheme? How is FSI arrived at?    The total permissible FSI shall be on gross plot area excluding reservation/designations but including the built up area under reservation/designation.    [a]    where Rehab area exceeds 2.50, MHADA/MCGM shall get 5% of built area for FSI 4.00 free of cost. This additional area shall be included in rehabilitation area and incentive to the extent of 50% shall be available for this

area.    [b]    if Urban Renewal scheme is falling in CRZ, the MOEF notifications will prevail.    *    How is incentive FSI to the Developer admissible?    If the total area of amalgamated plot is:    4000-8000                55%    8001 to 12000          65%    12000 to 16000        70%    16000 to 20000        75%    20000 above             80%•    In the proposal of maximum 4 the permissible maximum FSSI above and above ‘rehab incentive’ as per [c] means para 17, shall be shared in terms of built up area between MCGM and MHADA [in proportionate to their plot areas] and private developer in joint venture in the ratio of 1:05.•    30% of the incentive FSI can be used for non residential purposes otherwise permissible in the DCR.

List of Documents required for proposal under DCR 33(9)

•    Lead Architects covering letter to MCGM for submission of the Proposal under modified 33(9) of DCR 1991.•    Area certificate of plot from the Lead Architect and to be checked by ordinating architect.•    Property Register Card and True extract from the Office of Collector old custom house [Superintendent of Land Records].•    Inspection Extract and category certificate from respective AA&C of MCGM from the concerned wards.•    Area certificate by Triangulation Method.•    Latest D.P. Remarks (Normally within period of maximum last one year).•    Plan showing Plain Table Survey showing Existing structures at site. •    Performa  “A” as per Appendix X as per modified 33(9) of DCR 1991•    Client’s Appointment letter to the Lead and Co-ordinate Architects.•    Lead Architect’s letter to Co-ordinate Architect stating no objection to pursue proposal in MHADA/MCGM/GOM/GOI.•    Clients letter of appointment to the Team Members like Coordinating Architect to Fire Consultant.•    Plans showing Existing Structures on separate sheet and Proposed buildings showing the Area under rehabilitation ,Incentive Area, Buildable Area under accommodation reservations, Area Under non buildable reservations, Physical recreation Ground, Parking lots,30%commercial and rest Residential  etc.•    AutoCAD Drawings showing all 2D, 3D etc so as to place the order of Model in Plastics as good as POP.•    Site Photographs showing the hygienic/Dilapidated   conditions at Site