Guidelines_for_33_9

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MUNICIPAL CORPORATION OF GREATER MUMBAI

Note on procedural guidelines for processing proposals received under

modified Reg 33(9).

Preamble:

The State Govt in UDD have by the notification under No. TPB

4307/2346/CR-106/2008 /UD-11 Dated 2nd March, 2009 sanctioned the

modified Regulation No. 33(9) along with Appendix IIIA as provided under

Section 37(2) of MR&TP Act. The modified Regulation 33(9) is reproduced

below:

33(9) : Reconstruction or redevelopment of cessed buildings / Urban

Renewal Schemes on extensive area:

For reconstruction or redevelopment of cessed buildings / Urban

Renewal Schemes in Island City, undertaken by (a) the Maharashtra

Housing & Area Development Authority or Municipal Corporation of Gr.

Mumbai either departmentally or through any suitable agency or

(b)MHADA/MCGM jointly with land owners and/or Co-op. Housing

Societies of tenants / occupiers of buildings or Developer or

Co-op. Housing Society of hutment dwellers therein, (c) Independently

by land owners and/or Co-op. Housing Societies of tenants / occupiers

of buildings or Developer, the FSI shall be 4.00 or the FSI required for

rehabilitation of existing tenants / occupiers plus incentive FSI as given

in Appendix-III-A, whichever is more.

The modified Regulation no. 33(9) has been incorporated to promote

redevelopment of old dilapidated buildings in Island city through cluster

approach. The Regulation encourages redevelopment through Joint venture in

which MHADA along with tenants, landlords and private developers would be

able to come together for redeveloping the entire cluster instead of

redevelopment of the area in a piece meal manner.

The clause 18 of Appendix III-A stipulates that a High Power Committee

(HPC) will be constituted which will approve the schemes with the previous

sanction of the Govt. under DCR 33(9). On approval by this High Power

Committee, the proposal is required to be submitted to MCGM for approval of

plans. The Govt. will have the powers for any relaxations/modifications in the

rules. This clause also envisages that separate guidelines will be issued by the

Govt for the HPC.

The State Govt in the UDD have by the Order Under No. TPB

4307/2346/CR-106/2008 /Part 2/UD-11 Dated 2nd March, 2009 defined the

constitution, duties and responsibilities of the HPC. The aforesaid order also


stipulates the procedure to be adopted for processing the Urban renewal

Proposals.

The High power committee is deemed to have come into existence from

the date of publication of the aforesaid govt order. The HPC is therefore required

to process all Urban Renewal proposals received by the committee on the basis

of the Regulation and the broad procedural guidelines set out in the govt order.

The Govt order has also indicated that the HPC may formulate appropriate

procedures at their end to effectively carry out the duties and responsibilities

imposed on the Committee by the Govt order.

For the efficient functioning of the committee, it is therefore necessary to

separately formulate detailed procedural guidelines, that is proposed to be

adopted by the HPC for processing the Urban renewal proposal, on the basis of

the duties and responsibility envisaged in the Regulation as well as the Govt

Order dated 2/3/09. The detailed guidelines are proposed to in order to stream

line the modalities of submission of the proposals and to expedite decision

making process.

Procedural Guidelines:

The procedural guidelines for processing of the proposals are enumerated

below:

1. The Developer/ Implementing Agency is required to submit twenty

sets of documents in the office of Dir (ES&P) MCGM, related to the

Urban renewal proposal showing all the information the tabular form

as indicated in the typical prescribed format available with the office

of Dy.Ch.E.B.P.(City). The details shall include the following :-

i. The details of the individual lands proposed under the cluster

(area, C.S. No. division, P.R. cards, True extract, D.P. remarks,

traffic remarks etc)

ii. Statements showing details of the existing conditions under

cluster indicating therein

a) Total area proposed under cluster redevelopment, the

different C.S. No. and their plot area covered under the

scheme.

b) D.P.reservations if any, with in the cluster area and their

status.

c) details of the eligible buildings proposed to be redeveloped

with Cs nos; no of eligible tenants/ occupants in the

buildings; area occupied by tenants/ occupant in these

bldgs, approx rehab built up area etc


d) area of land under slum; status of slum; No. of occupants,

% of slum area as compared to total area etc

e) Area of land belonging to MHADA, MCGM or any Govt

Organisation, Status of the bldgs on these lands and date

of construction, total built up area of these bldgs, details of

permission obtained if any.

f) Details of any other bldgs erected after 30/9/69 fulfilling

criteria mentioned in clause 1.1 of Reg 33(9)

g) ownership details, details of consent in the form of

development rights obtained from the different land

owners, details of the area of lands for which consent from

land owners is received, proof of such consents, phasewise

coverage if any, etc.

iii. Statements showing details of the proposed redevelopment

which should include

a) Total no. of bldgs proposed, the total built up area based

on their users, the no of storeys proposed for each

building, the no. of residential tenements, the no of

commercial units, the proposed tenement density, phase-

wise implementation if any, etc.

b) Details of infrastructure facilities required including water

supply, sewerage disposal, storm water drainage, electric

supply requirements etc and the infrastructure facilities

proposed.

c) The details of roads and reservations proposed to be

provided, any other public amenity, details of open spaces

provided.

iv. A plan showing the entire area under cluster, the ownership

details of the land covered under cluster along with the details

of the existing infrastructure, the details of existing roads, the

existing physical boundaries, D.P. reservations, details of

existing eligible buildings proposed to be redeveloped and

details of phasewise coverage if any.

v. A layout plan shall also be submitted showing the details of the

proposed redevelopment along with the details of roads and

reservations proposed to be provided, any other public amenity,

open spaces, details of the infrastructure facility proposed,

details of the buildings proposed under the project and their

phase-wise implementation if any, etc.


2. (a) The Dy Ch.E. (BP) city shall be the nodal officer for all coordination

works and shall assist the Member Secretary in compiling the

required data/ information, preparation of briefs, project

report, minutes, agenda as well as organizing the meetings of

the HPC.

2. (b) A special Cell shall be constituted under Dy.Ch.E.B.P.(City) for

the purpose of scrutiny of proposals received under Reg. 33(9)

which shall include one Assistant Engineer (B.P.), one

A.E.(D.P.), Two Sub Engineers (B.P.), One Sub Engineer

(D.P.), One Draftsman, One H.C. from B.P. Section, one clerk.

The staff shall be selected from the existing staff & shall also

carry out the work of scrutiny of Urban Renewal Scheme

received by H.P.C. in addition to the routine work. The

Technical report of the scheme shall be prepared by the Cell.

All co-ordination work shall be done by the Cell.

3. On receipt of the documents, the office of Dy Ch.E. (BP) city, on

behalf of Dir(ES&P), shall forward one set of document ot each

member of the HPC. The Dy Ch.E. (BP) city shall also forward one set

each to the Ch.E. (SP), Ch.E. (SWD), HE, Gen Manager BEST,

Ch.E. (Roads and traffic), Dy. Ch.E. (traffic), A.C. of concerned ward

for remarks in respect of adequacy/ need for augmentation of the

existing facility. The remarks are required to be submitted to

Dy Ch.E. (BP) city by all the relevant deptt including MHADA, with in

a period of 15 days from the date of receipt of the set.

4. Dy Ch.E. (BP) city shall also forward one set to D.P. deptt and any

other user deptt / Govt deptt whose land is identified in the cluster

for their remarks.

5. Dy Ch.E. (BP) city shall in consultation with the office of Ch.E.(D.P.)/

Dir(ES&P)/M.C. arrange the HPC meeting on any suitable date

periodically, preferably once every month for taking a decision of the

proposals received before the HPC.

6. The Dy Ch.E. (BP) city shall, after examining the details and after

compiling the remarks received from the different agencies, prepare

technical report with the approval of Ch.E.(D.P.)/Dir.(E.S.&P.) for

circulation of all members alongwith the agenda. The concerned

Developer/ Implementing Agency shall remain present for the

meeting with all the relevant details.


7. The Developer shall submit a detailed presentation before the HPC at

the time of scrutiny of the proposal and explain in detail the various

salient feature of the proposed scheme.

8. The HPC shall examine the proposal placed before it during the

meeting and take decision in respect of the following

a) Finalising the boundaries of the cluster after examining the

proposal submitted by the developer / Implementing

agency. The Developer/ Imp. agency shall if directed

modify the boundaries of the cluster and resubmit the

proposal with revised plans/documents/ calculations in the

next meeting.

b) Ascertaining the adequacy of the infrastructural

requirements like Roads, Storm water drainage, water

supply and Sewerage disposal, electric supply, other

essential facilities, open spaces, public amenities etc and if

necessary suggest improvement measures and provisions

in the plan for augmenting the same. The Developer/ Imp.

agency shall if directed modify the proposal with the

changes suggested by the Committee and resubmit the

proposal with revised plans in the next meeting.

c) Fulfillment of criteria of obtaining consent in the form of

development rights of land owners owning atleast 70% of

the area under the cluster and also ascertaining fulfillment

of the criteria of obtaining in the form of development

rights of at least 70% of the owners of the total lands

falling under the cluster. The Developer/ Imp. agency shall

if directed to furnish additional proofs / documents in this

respect then the same shall be complied to the satisfaction

of the committee in the next meeting.

d) Fulfillment of the relevant provisions of Appendix III-A for

in principle approval and if the same is considered

approvable, take a decision to recommend the proposal to

the State govt for granting in principle approval.

9. The Dy Ch.E. (BP) city shall on finalisation of the minutes of the

meeting of meeting & with the approval of

Ch.E.(D.P.)/Dir.(E.S.&P.)/M.C., prepare draft letter to be sent under

signature of Dir.(E.S.&P.), forwarding the recommendation of the

Committee to the State Govt in UDD along with the approved


minutes, one set of all documents/ plans etc and seeking the

approval of UDD to the urban renewal proposal.

10. On receipt of approval of the State Govt in UDD to the proposal, the

Dy Ch.E. (BP) city shall with the approval of Ch.E.(D.P.)/

Dir.(E.S.& P.) place the same in the ensuing meeting of the

Committee for in principle approval of the Committee. The HPC shall

accordingly take a decision to grant approval in principle, to the

proposal and take a decision to issue letter of intent with relevant

terms and conditions as may be finalized by the committee.

11. The Letter of Intent shall be issued to the developer/ Implementing

Agency on behalf of the HPC by the Dir(ES&P), MCGM. The letter of

intent issued by HPC shall be valid for a period of one year.

12. The HPC shall, on issuing of letter of intent, take a decision to direct

MHADA not to grant NOC for any piece meal development under

D.C.R. 33(7) in the cluster area which has been declared and also

not to carry out any repairs in the existing old structures with in the

validity period of one year.

13. If the structures are found to be dangerous and dilapidated, then

HPC shall take a decision to empower MHADA to take necessary

action to shift the tenants into transit accommodation wherein the

necessary charges of the transit accommodation would be paid by

the Developer.

14. The HPC shall take a decision to direct the B.P. section of MCGM to

insist on revised NOC from MHADA, in all cases of on going

redevelopment proposals submitted to MCGM where CC has not yet

been issued with in the identified clusters (for which proposals have

been received by the committee), before granting CC to any these

redevelopment proposal.

15. HPC shall take a decision to direct MBR&RB to expeditiously examine

the eligibility of the occupants/ tenants and certify the list of tenants

and verify the consents submitted by the developer/ IP agency. The

Govt shall separately issue guidelines in this respect which shall be

adhered to while certifying the eligibility. The list of occupants falling

in areas under slums shall be separately verified and certified by

concerned Addl Collector Encroachments.

16. The developer/ Implementing Agency shall with in the validity period

of one year, resubmit a concrete proposal (twenty sets), to the HPC

for final approval, after fulfillment of the following compliances:


vi. clearance in respect of all the eligible occupants from

MHADA

vii. finalise the permissible rehab area

viii. obtain irrevocable consent letters from 70% of the

occupants of each plot as provided under the clause 3a of

Appendix III A of DCR.

ix. consents in the form of development rights of the

remaining land owners.

17. Dy Ch.E. (BP) city shall on receipt of the concrete proposal with the

approval of Ch.E.(D.P.)/Dir.(E.S.&P.) circulate the same to all

members. The remarks of MHADA shall be separately obtained on

the proposal. The remarks of other utility agencies as well as

concerned deptt shall be obtained. A detailed technical report in

respect of compliance of the relevant provisions of the Appendix III-A

shall be separately circulated to all members before the ensuing

meeting of HPC.

18. The HPC shall take a decision regarding the minimum requirement of

70% consents of occupants of each individual plot on the basis of the

report submitted by MHADA, before approving the scheme.

19. In case of Municipal tenanted buildings if included in the cluster area,

then the details of the tenants / occupants, their eligibility of existing

area, rehab. area etc. shall be got verified from the A.C.(Estates)

/concerned Asstt. Commissioner or the user deptt. as the case may

be. A certificate from the respective deptt. shall be appended to the

proposal giving all these details.

20. The HPC shall after scrutinising the proposal submitted by the

developer and on the basis of the technical report received from Dy

Ch.E. (BP) city with the approval of Ch.E.(D.P.)/Dir.(E.S.&P.) and also

the report of MHADA, take a decision regarding approvability of the

proposal. If the proposal is considered approvable then HPC shall

grant final approval to the same by fixing a time frame for its

completion.

21. In case the developer / implementing Agency is unable to submit a

concrete proposal with in a period of one year from the date of issue

of LOI, the same shall automatically stand cancelled.

22. On receipt of final approval to the proposal, the Developer/ Imp.

agency will be able to submit a regular proposal to MCGM for

necessary approvals.


23. The HPC shall regularly monitor each proposal that has been

approved by it in order to ensure its timely completion. It shall be the

responsibility of the HPC to issue necessary directions to the

developer/ Imp. agency to ensure the implementation of all the

required infrastructural facilities as well as D.P. reservations.

24. The HPC shall, whenever felt necessary, also issue necessary

instructions to the concerned deptt to expedite granting of

permissions in respect of sub division / amalgamation, development

permission, permission for relocation of reservations so that the UR

scheme is completed in the specified time frame.

25. The HPC shall suggest appropriate measures as may be required and

as felt necessary to ensure the timely completion of the projects.

26. The HPC shall take a decision in respect of the balance non-co-

operating tenants empowering MHADA / M.B.R.&R.Board to deal with

them under the relevant provision of MHADA Act, if they do not join

the scheme once the scheme is finally approved by HPC.

27. The HPC shall be empowered to take appropriate decision in respect

of changing of the boundaries of the cluster, after examining the

merits of the proposal as per the provisions of Reg 33(9).

28. The HPC shall also monitor the utilization of the funds generated

under the provisions of clause 9 of Appendix III-A and ensure that the

same is utilized for the off site infrastructure around the cluster.

29. The HPC shall also take a decision on the Corpus fund to be created

by recovering requisite amount from the developer as provided under

clause 16 of Appendix IIIA

30. The HPC shall take necessary action in accordance with the directions

received from the Govt from time to time in order to ensure the

successful implementation of the Urban renewal proposals.

31. A scrutiny fee shall be payable as may be fixed by HPC with the due

sanction of Corporation for scrutiny of the proposal which shall be

payable before issue of L.O.I.

Guidelines_for_33_9

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