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The Development Control Regulations For Greater Mumbai, 1991 - Maharashtra Housing and Building Laws

The Development Control Regulations for Greater Mumbai, 1991, established by the Maharashtra Government, govern building activities and development work within the jurisdiction of the Municipal Corporation of Greater Mumbai. These regulations, which came into force on March 25, 1991, replace previous rules and include definitions for various types of buildings and their uses. The document outlines the legal framework and processes involved in the development planning and regulation in the region.

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0% found this document useful (0 votes)
11 views461 pages

The Development Control Regulations For Greater Mumbai, 1991 - Maharashtra Housing and Building Laws

The Development Control Regulations for Greater Mumbai, 1991, established by the Maharashtra Government, govern building activities and development work within the jurisdiction of the Municipal Corporation of Greater Mumbai. These regulations, which came into force on March 25, 1991, replace previous rules and include definitions for various types of buildings and their uses. The document outlines the legal framework and processes involved in the development planning and regulation in the region.

Uploaded by

Paryul
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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The Development Control Regulations for

Greater Mumbai, 1991

551 Facebook Twitter LinkedIn WhatsApp Print 551


SHARES

The Development Control Regulations for Greater Mumbai, 1991

[As modified upto the 21st June, 2014]

URBAN DEVELOPMENT DEPARTMENT

Mantralaya, Mumbai 400032, dated 20th February 1991

NOTIFICATION

MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966

No. DCR.1090/RDP/UD-11.-

Whereas the Municipal Corporation of Greater Mumbai(hereinafter referred to as “the said


Municipal Corporation”) being the Planning Authority for the areas under its jurisdiction under clause
(19) of section 2 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of
1966) (hereinafter referred to as “the said Act”) has by a declaration under sub-section (1) of section 23
,read with section 38 of the said Act ,given notice of its intention to prepared a revised Development
Plan for Greater Mumbai, which has been published in the Maharashtra Government Gazette, Mumbai
Divisional Supplement of 13th January 1977;
And whereas the said Municipal Corporation after following the legal formalities stipulated under the
said Act has submitted under subsection (1) of section 30 of the said Act, the Revised Draft Building
bye-laws and Development Control Rule to the State Government on 30th April, 1985 for sanction;

MS Office W
No Prior Knowledge

MS OfficeHacks Wit

MS Office W
No Prior Knowledge

MS OfficeHacks Wit

And whereas the Government of Maharashtra, after consulting the Director of Town Planning
considered the said draft Building bye-laws and Development Control Rules submitted by the said
Corporation and published, in exercise of the powers conferred by sub-section (1) of section 31 of the
said Act, revised draft Development Control Rules for Greater Mumbai as in the Schedule appended to
the Government Notice, Urban Development Department, No. DCR 1089/3814/RDP/UD-11-1, dated
14th December 1989 in the Maharashtra Government Gazette, Extra-ordinary Part I, Konkan
Divisional Supplement, dated 14th December 1989, inviting objections and suggestion from any person
in respect of the, said revised draft Development Control Rules for Greater Mumbai and by
Government Notification , Urban Development Department , No. DCR. 1084 /3814/(a)/RDP/UDO 11,
dated 14th December 1989, published in the Maharashtra Government Gazette Extra-ordinary, Part I,
Konkan Divisional Supplement, dated 16th December 1989 appointed Shri G.S. Pantbalekundri, Deputy
Director of Town planning and Ex-officio Deputy Secretary to Government Urban Development
Department, as the officer (hereinafter referred to as ” the said officer” ) to hear objections and
suggestion from any person in respect of the said draft revised Development Control Rules for Greater
Mumbai and to submit to the State Government his report thereon as required under sub-section (2) of
section 31 of the said Act;

And whereas the said officer after hearing and consideration of objections and suggestions, submitted
his report to Government on 29th June, 1990;

And whereas in accordance with sub-section (3) of section 31 of the said Act, Government has taken
into consideration the objections and suggestions received and the report of the said officer;

And whereas in accordance with the first proviso to sub-section (1) of section 31 of the said Act, the
State Government has, by its Notification, Urban Development department, No. TPB. 4387/716/UD-11
(RDP), dated the 12th June 1990, extended the period for sanctioning the said draft Building Bye-laws
and Development Control Rules for the said Corporation up to and inclusive of 31st March 1991;

And whereas the Government of Maharashtra considers it appropriate and proper that the said
Development Control Rules for Greater Mumbai shall be called the Development Control Regulations
for Greater Mumbai.

Now, therefore, in exercise of powers conferred by sub-section (1) of section 31 of the said Act and all
other powers enabling in that behalf the Government of Maharashtra- (a) sanctions the Development
Control Regulations for Greater Mumbai, 1991 as specified in the Schedule appended hereto; and (b)
fixes 25th March 1991 to be the date on which the final Development Control Regulations for Greater
Mumbai, 1991 as specified in Schedule I of this notification shall come into force.

Note.— Copies of the Development Control Regulations for Greater Mumbai as in the Schedule to this
Notification as sanctioned by the State Government are kept for sale at the Government Printing,
Stationary and Publication, Publications Branch, Netaji Subhash Road, Charni Road, Mumbai 400 004
and shall be kept open for inspection by the public during working hours for a period of one year at the
office of the-

(1) The Chief Engineer (Development Plan), Municipal Corporation of Greater Mumbai, Municipal Head
Office, Mahapalika Marg, Mumbai 400 001.
MS Office W
No Prior Knowledge

MS OfficeHacks Wit

(2) The Deputy Director of Town Planning Greater Mumbai,” E” Block, Ensa, Hutments, Azad Maidan.
Mahapalika Marg, Mumbai 400 001.

SCHEDULE

PART-I

ADMINISTRATION

1. Short title, extent and commencement,- (1) Title-These Regulations shall be called the
Development Control Regulations for Greater Mumbai, 1991 (hereinafter called “these
Regulations”).

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

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

(3) Date of coming into force.- These Regulations shall come into force on 25th March 1991 and shall
replace the existing Development Control Rules for Greater Mumbai framed under the Maharashtra
Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966).
2. Definitions of Terms and Expressions.- (1) General– In these Regulations, unless the context
otherwise requires, the terms and expressions shall have the meaning indicated against each of
them.

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

(3) Definitions:- (1) “Accessory building” means a building separated from the main building on a plot,
and put to one or more accessory uses.

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

(3) “Act” means-

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

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

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

(5) “Air-conditioning” means the process of treating air to control simultaneously its temperature,
humidity, cleanliness and distribution to meet the requirement of an enclosed space.
(6) “Addition and/or alteration” means change from one occupancy to another, or a structural change,
such as addition to the area or height, or the removal of part of a building, or a change to the structure,
such as the construction or cutting into or removal of any wall or part of a wall, partition, column, beam,
joist, floor including a mezzanine floor or other support, or a change to or closing or any required means
of ingress or egress, or change to fixtures or equipment, as provided in these Regulations.

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

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

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

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

(11) “Building “ means a structure, constructed with any materials whatsoever for any purpose, whether
used for human habitation or not, and includes-

(i) Foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms;

(ii) Verandahs, balconies, cornices, projections;

(iii) part of a building or anything affixed thereto;

(iv) any wall enclosing or intended to enclose any land or space, signs and

outdoor display structures;

(v) tanks constructed for storage of chemicals or chemicals in liquid form;

(vi) all types of buildings defined in (a) to (p) below, but tents, shamianas and tarpaulin shelters erected
for temporary purposes for ceremonial occasions, with the permission of the Commissioner, shall not be
considered to be “buildings”.
(a) “Assembly building” means a building or part thereof where groups of people congregate or gather
for amusement, recreation, social, religions, patriotic, civil, travel and similar purposes. “Assembly
buildings” include buildings of drama and cinema theatres, “drive-in-theatres, assembly halls, city halls,
town halls, auditoria, exhibition halls, museums, “mangal karyalayas”, skating rinks, gymnasia, stadia,
restaurants, eating or boarding houses, places of worship, dance halls, clubs, gymkhanas, road, air, sea or
other public transportation stations, and recreation piers.

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

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

(d) “Educational building” means a building exclusively used for a school or college, recognised by the
appropriate Board or University, or any other competent authority involving assembly for instruction,
education or recreation incidental to educational use, and including a building for such other users
incidental thereto such as a library or a research institution. It shall also include quarters for essential
staff required to reside in the premises, and a building used as a hostel captive to an educational
institution whether situated in its campus or not.

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

(i) storage, handling, manufacture or processing of radioactive substances or of highly combustible or


explosive materials or products which are liable to burn with extreme rapidity and/or producing
poisonous fumes or explosive emanations;

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

(f) “Industrial building” means a building or part thereof wherein products or material are fabricated,
assembled or processed, such as assembly plants, laboratories, power plants, refineries, gas plants, mills,
dairies and factories.
(g) “Institutional building” means a building constructed by Government, Semi-Government
organisations or registered Trusts and used for medical or other treatment, a hostel for working women
or for an auditorium or complex for cultural and allied activities or for an hospice, care of persons
suffering from physical or mental illness, handicap, disease or infirmity care of orphans, abandoned
women, children and infants, convalescents, destitute or aged persons and for penal or correctional
detention with restricted liberty of the inmates ordinarily providing sleeping accommodation, and
includes dharmashalas, hospitals, sanatoria, custodial and penal institutions such as jails, prisons, mental
hospitals, houses of correction, detention and reformatories.

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

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

(j) “Office building” (Premises), means a building or premises or part thereof whose sole or principal use
is for an office or for office purposes or clerical work. “Office purposes” includes the purpose of
administration, clerical work, handling money, telephone, telegraph and computer operation; and
“clerical work” includes writing, book-keeping, sorting papers typing, filing, duplicating, punching cards
or tapes, machines calculations, drawing of matter for publication and editorial preparation of matter
for publication.

(k) “Residential building” means a building in which sleeping accommodation is provided for normal
residential purposes, with or without cooking or dining facilities, and includes one or more family
dwellings, lodging or rooming houses, hostels, dormitories, apartment houses, flats, and private garages
of such buildings.

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

(m) “Special building” means-

(i) a building solely used for the purpose of a drama or cinema theatre, a drive-in-theatre, an assembly
hall or auditorium, an exhibition hall, theatre museum, a stadium, a “mangal karyalaya” or where the
built-up area of such a user exceeds 600 sq.m. in the case of mixed occupancies;
(ii) an industrial building;

(iii) a hazardous building ;

(iv) a building of wholesale establishment ;

(v) a residential hotel building or centrally air-conditioned building which exceeds-

(a) 15 m. in height, or

(b) a total built-up area of 600 sq.m.

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

(o) “Unsafe building” means a building which,-

(i) is structurally unsafe,

(ii) is insanitary,

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

(iv) constitutes a fire hazard,

(v) is dangerous to human life,

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

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

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

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

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

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

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

(17) “Chajja” means a structural overhand provided over opening on external walls for protection from
the weather.

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

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

(20) “Convenience shopping”, means shops, each with a carpet area not exceeding 20 sq.m. except
where otherwise indicated and comprising those dealing with day to day requirements, as distinguished
from wholesale trade or shopping. It includes:-

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

metres.

(ii) Pan Shops.

(iii) Tobacconists.

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

(v) Tailor or darner shops.

(vi) Groceries, confectioneries, wine and general provision shops each

with a carpet area not exceeding 50 sq. m.

(vii) Hair dressing saloons and beauty parlours.

(viii) Bicycles hire and repair shops.

(ix) Vegetable and fruits shops.

(x) Milk and milk products shops.

(xi) Medical and dental practitioners’ dispensaries or clinics, pathological

or diagnostic clinics and pharmacies, each with a carpet area not

exceeding 50 sq. m.

(xii) Florists.

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

(xiv) Shops selling bakery products.

(xv) Newspaper magazines stalls and circulating libraries.

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

sq.m.

(xvii) Books and stationery shops or stores.

(xviii) Cloth and garment shops.


(xix) Plumbers’, electricians, radio, television and video equipment repair

shops and video libraries.

(xx) Restaurants and eating houses each with a carpet area not exceeding

50 sq.m.

(xxi) Shoes and sports shops each with a carpet area not exceeding 75

sq.m. With the approval of the Corporation, the Commissioner may from

time to time add to, alter or amend the above list.

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

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

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

(24) “Dharmashala” means a building used as a place of religious assembly, a rest house a place in which
charity is exercise with religious or social motives, or a place wherein a certain section of people have a
right of, or are granted, residence without payment or no nominal payment.

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

(26) “Enclosed staircase” means a staircase separated by fire resistant walls and door from the rest of
the building.

(27) “Escape route” means any well ventilated corridor, staircase or other circulation space, or any
combination of the same, by means of which a safe place in the open air at ground level can be reached.
(28) “Existing building” means a building or structure existing authorisedly before the commencement
of these Regulations.

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

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

(i) “Horizontal exit” means an exit which is a protected opening through or

around at fire wall or a bridge connecting two or more buildings.

(ii) “Outside exit” means an exit from a building to a public way, to an open

Area leading to a public way or an enclosed fire resistant passage leading

to a public way.

(iii) “Vertical exit” means an exit used for ascending or descending

between two or more levels, including stairways, smoke-proof towers,

ramps, escalators and fire escapes.

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

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

(33) “Fire lift” means a special lift designed for the use of fire service personnel in the event of fire or
other emergency.
(34) “Fire proof door” means a door or shutter fitted to a wall opening, and constructed and erected
with the requirement to check the transmission of heat and fire for a specified period.

(35) “Fire Pump” means a machine, driven by external power for transmitting energy to fluids by
coupling the pump to a suitable engine or motor, which may have varying outputs/capacity but shall be
capable of having pressure of 3.2 kg/cm2 at the topmost level of a multi-storied or high rise building.

(36) “Booster fire pump” means a mechanical/electrical device which boosts up the water pressure at
the top level of multi-storeyed/high rise building and which is capable of a pressure of 3.2 kg/cm2 at the
nearest point.

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

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

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

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

(41) “Floor” means the lower surface in a storey on which one normally walks in a building, and does not
include a mezzanine floor. The floor at ground level with a direct access to a street or open space shall
be called the ground floor; the floor above it shall be termed as floor 1, with the next higher floor being
termed as floor 2, and so on upwards.

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

Total covered area on all floors


Floor Space Index (FSI) = —————————————

Plot area

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

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

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

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

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

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

(49) “Habitable room” means a room occupied or designed for occupancy for human habitation and
uses incidental thereto, including a kitchen if used as a living room, but excluding a bath-room water
closet compartment, laundry, serving and storing pantry, corridor, cellar, attic, store-room, pooja-room
and spaces not frequently used.

(50) “Hazardous material” means,-

(i) radioactive substances;

(ii) material which is highly combustible or explosive and/or which may produce poisonous fumes or
explosive emanations or storage, handling, processing or manufacturing of which may involve highly
corrosive, toxic or noxious alkalis or acids or other liquids;
(iii) other liquids or chemicals producing flame, explosive, poisonous, irritant or corrosive gases or which
may produce explosive mixtures of dust or fine particles capable of spontaneous ignition.

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

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

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

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

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

(56) “Licensed Surveyor/Engineer/Structural Engineer/Supervisor” means a qualified surveyor,


engineer, structural engineer or supervisor, licensed by the Commissioner.
(57) “Lift” means a mechanically guided car, platform or transport for persons and materials between
two or more levels in a vertical or substantially vertical direction.

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

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

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

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

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

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

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

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

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

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

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

(iv) a mortgagee in possession.


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

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

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

(69) “Permanent open air space” means air space permanently open.—

(i) if it is a street,

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

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

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

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

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

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

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

(75) “Retention activity” means an activity or use which is allowed to continue, notwithstanding its non-
conforming nature in relation to the use permitted in the adjoining or surrounding area.
(76) “Road/Street “ means any highway, street, lane, pathway, alley, stairway, passageway, carriageway,
footway, square, place or bridge, whether a thoroughfare or not, over which the public have a right of
passage or access or have passed and had access uninterruptedly for a specified period, whether
existing or proposed in any scheme, and includes all bunds channels, ditches, storm-water drains,
culverts, sidewalks, traffic islands, road-side trees and, hedges, retaining walls, fences, barriers and
railings within the street lines.

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

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

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

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

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

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

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

(84) “Site, Corner” means a site at the junction of land fronting on two or more roads or streets.

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

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

(87) “Site, Interior or Tandem” means a site access to which is by a passage from a street whether such
passage forms part of the site or not.
(88) “Smoke-stop door” means a door for preventing or checking the spread of smoke from one area to
another.

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

(90) “Storey” means the portion of a building included between the surface of any floor and the surface
of the floor next above it, or if there be no floor above it, then the space between any floor and the
ceiling next above it.

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

(92) “Theatre” means a place of public entertainment for the purpose of exhibition of motion picture
and or dramas and other social or cultural programmes.

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

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

(95) “Volume to plot ratio (V.P.R.) “ means the ratio expressed in meters of the volume of a building
measured in cubic meters to the areas of the plot measured in square meters.

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

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

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

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

(100) “Information Technology Establishment” means an establishment which is in the business of the
developing either software or hardware.

(101) “Fitness centre” in a building means and includes the built up premises

including toilet facilities provided in the building including gymnasium for the benefit of its inmates and
for the purpose of fitness, physical exercises, yoga and such other activities as may be permitted by the
corporation from time to time.

(102) “The Biotechnology Unit” shall mean and include Biotechnology units

which are certified by the Development Commissioner (Industries) or any other officer authorized by
him in this behalf.

(103) The extent of area of “Gaothan” shall be as shown on the plan.

3. Applicability:-

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

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

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

(4) Reconstruction – The reconstruction in whole or part of a building which has ceased to exist due to
an accidental fire, natural collapse or demolition, having been declared unsafe or which is likely to be
demolished by or under an order of the Corporation or the Bombay Housing and Area Development
Board and for which the necessary certificate has been given by either the said Corporation or the
Board shall be allowed subject to the Regulations in Appendix II.
(5) Exclusions – Nothing in these Regulations shall require the removal, alteration or abandonment or
prevent the continuance of the lawfully established use or occupancy of an existing building or its use
unless, in the opinion of the Commissioner, such a building is unsafe or constitutes a hazard to the safety
of adjacent property.

4. Development permission and commencement certificate –

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

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

1. Railways;

2. National Highways;

iii. National Waterways;

1. Major ports;

2. Aerodromes and Airports;


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

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

viii. Defence Authorities;

1. Any other essential public services as may be notified by the State Government.

All such constructions shall, however, conform to the prescribed requirement for the provision of
essential services, water supply connections drains, etc. to the satisfaction of the Commissioner.
(3) Operational constructions excluded:– The following constructions for operational purposes of the
organisations, authorities or department listed above are exempted from the purview of these
Regulations except those relating to floor spaces index and fire precautions:-

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

(ii) In the case of the Railways-

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

(b) platforms, goods sheds and offices, parcel offices, sub-stations, foot-over bridges turn-tables, lifting
towers, gantries, signal and signal boxes or control cabins in hump yards;

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

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

Provided that, for the construction of new railway lines or tracks the approval of the State Government
shall be necessary. For construction of new buildings, goods stores, sheds or platforms, parcel offices
and workshops or for purposes of major remodeling, the approval of the Commissioner shall be
necessary.

Further provided that, the following constructions by the organisations, authorities or departments
listed in sub-Regulations (2) herein shall not be deemed to be operational for the purpose of exemption
under the said Regulations, namely:-

(i) Residential buildings, commercial buildings, office buildings and industrial buildings (other than gate
lodges, essential operational staff quarters and the like), roads and drains, hospitals, clubs, institutes and
schools in residential, commercial or industrial areas of the colonies of such organisations, authorities or
departments.
(ii) Construction, installation or any extension of any building in the case of any service other than those
mentioned in this Regulation.

(4) Validity of development permission.- If a development permission has been issued before the date of
commencement of these Regulations, but the development is not started within a year from the date of
such permission, the said development permission shall be deemed to have lapsed.

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

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

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

(2) Copies of plans and statements –

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

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

TABLE 1

Drawing Sheet Sizes


Serial No. Designation Trimmed Size (mm)

(1) (2) (3)

1 AO 841-1189

2 A1 594-841

3 A2 420-594

4 A3 297-420

5 A4 210-297

6 A5 148-210

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

TABLE 2

Colouring of Plans
Sr. No. Item Site Plan Building Plan

(1) (2) (3) (4)

1 Plot Lines ————— Thick Black—————

2 Existing Street Green —————

3 Future Street Green Dotted …..……..

4 Permissible Building Thick Dotted ………….

Black

5 Open Spaces —————– No Color—————-

6 Work proposed to be
demolished
—————- Yellow hatched ——–

7 Proposed work —————- Red filled in ———–

8 Drainage and Sewerage work —————- Red Dotted ————-

9 Water Supply Work —————-Blue Dotted thin ——–

10 Deviations ———— —Red Hatched ———

11 Recreation Ground —————– Green Wash ———-

12 Roads and Set backs —————- Burnt sienna ———–

13 Reservation ——–Appropriate colour code —–

Note.- Existing work to be hatched black; for land development/sub-division/lay-out suitable colouring
notations shall be used duly indexed.
(3) Information accompanying notice.- (i) Key plan, site plan, etc. to accompany notice.- The notice shall
be accompanied by the key plan (location plan), a site plan, subdivision/lay out plan, building plan,
specifications and certificate of supervision, ownership, title, etc. as prescribed in clauses (ii) to (xiii)
below.

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

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

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

(c) Statement of area of the holding by triangulation method from the qualified licensed technical
personnel or architect with an affidavit from the owner in regard to the area in the form prescribed by
the Commissioner.;

(d) Any other document prescribed by the Commissioner;

In the case of land leased by the Government or local authorities, clearance of Government or such
authorities regarding observance of the lease conditions shall be obtained and attached to the
application for development permission in respect of such land.

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

(k) The ground area of the whole property and the back-up of the covered area on each floor with the
calculations for percentage covered in each floor, in terms of the total area of the plot as required by the
Regulations governing the coverage of the area;

(l) Overhead electric supply lines including space for electrical transforming substation according to the
requirements of the electric distribution licenses, water supply and drainage line;

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


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

(a) Scale used and the north line;

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

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

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

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

(f) A statement indicating the total area of the site area utilised under roads open spaces for parks ,
playgrounds ,recreation spaces and development plan designations, reservations and allocations ,school
, shopping and other

public places along with their percentage with reference to the total area of

the site;

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

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

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

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

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

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

(e) Show relative levels of streets;

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

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

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

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

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

(k) Provide such other particulars as may be prescribed by the Commissioner;

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

(a) Access to fire appliances/vehicles with details of vehicular turning circle and clear motorable access
way around the building;
(b) Size (width ) of main and alternate staircases along with the balcony approach, corridor, ventilated
lobby approach;

(c)Location and details of lift enclosures;

(d) Location and size of fire lift;

(e) Smoke stop lobby door, where provided;

(f) Refuse chutes, refuse chamber, service duct etc.

(g) Vehicular, loading and unloading parking spaces;

(h) Refuse area, if any;

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

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

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

(l) Smoke exhaust systems, if any;

(m) Details of fire alarm system;

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

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

(p) Location and details of fixed fire protection installation such as sprinklers, wet hose reels, drenchers,
carbon-dioxide (CO2) installations, etc; and.

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


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

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

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

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

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

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

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

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

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

(ii) Qualification and competence of the Licensed Surveyor/Engineer/Structural Engineer/Supervisor. –


The Commissioner shall license surveyors, engineers, structural engineers and supervisors with the
qualifications listed in Appendix XII to perform the tasks mentioned in that Appendix.

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

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

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

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

(6) Commencement of work.- A commencement certificate/development permission shall remain valid


for four years in the aggregate, but shall have to be renewed before the expiry of one year from the date
of its issue. The application for renewal shall be made before expiry of one year, if the work has not
already commenced. Such renewal can be done for three consecutive terms of one year each, after
which proposals shall have to be submitted to obtain development permission afresh.

For the purpose of this Regulations, `Commencement` shall mean as under: –

(a) For a building work including additions and Up to plinth level


alterations

(b) For bridges and overhead Tanks Foundation and Construction work up to the base
Floor.

(c) For Underground works Foundation and Construction work up to floor of


underground Floor.

(d) For lay-out, sub-division and Final demarcation and provisions of

amalgamation proposals infrastructure and services up to the

following stages:

(i) Roads : Water bound macadam

complete.

(ii) Sewerage, Drainage and water

supply excavation and base concreting complete.

6. Procedure during construction.-

(1) Construction to be in conformity with Regulations.- Owner`s liability.-Neither the grant of


permission nor approval of the drawing and specifications nor inspections by the Commissioner during
erection of the building, shall in any way relieve the owner of such building from full responsibility for
carrying out carrying out the work in accordance with these Regulations.

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

(3) Documents at site :- (i) Results of tests:- Where tests of any material are made to ensure conformity
with the requirements of these Regulations, record of the test data shall be kept available for inspection
during the construction of the building and for such period thereafter as required by the Commissioner.

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

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

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

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

(5) Deviation during constructions :- If during the construction of a building, any departure of a
substantial nature from the sanctioned plans is intended by way of internal or external additions,
sanction of the Commissioner shall be necessary. A revised plan showing the deviations shall be
submitted and the procedure laid down for the original plans heretofore shall apply to all such amended
plans. Any work done in contravention of the sanctioned plans, without prior approval of the
Commissioner, shall be deemed as unauthorised.
(6) Completion Certificate :- The owner, through his licensed plumber, shall furnish a drainage
completion certificate to the Commissioner in the form in Appendix ‘XIX’. The owner through his
licensed surveyor/engineer/structural engineer/supervisor or his architect, who has supervised the
construction, shall furnish a building completion certificate to the Commissioner in the form in
Appendix XX. These certificates shall be accompanied by three sets of plans of the completed
development. The Commissioner shall inspect the work and, after satisfying himself that there is no
deviation from the approved plans, issue a certificate of acceptance of the completion of the work in the
form in Appendix XXI.

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

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

7. Amendment/modification to Appendices:- Except where the same are prescribed in Mumbai


Municipal Corporation Act, 1888, or Maharashtra Regional and Town Planning Act, 1966 or the
rules or bye-laws framed there under, the Commissioner may, from time to time, add to, alter or
amend Appendices X to XXIII.

8. Inspection:-

(1) Inspection or various stages:- The Commissioner may at any time during erection of a building or the
execution of any work or development make an inspection thereof without giving previous notice of his
intention so to do.
(2) Inspection by Fire Departmental:- For all multi-storeyed, high-rise and special buildings the work
shall also be subject to inspection by the Chief Fire Officer, and the Commissioner shall issue the
occupancy certificate only after clearance by the said Chief Fire Officer.

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

(4) Unauthorised development: – In case of unauthorised development, the Commissioner shall –

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

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

**********************************

PART II

GENERAL PLANNING REQUIREMENTS

LAND USES AND MANNER OF DEVELOPMENT

9. Land uses and the manner of development:- The uses of all lands situated within the municipal
limits of Greater Mumbai, which have been allocated designated or reserved for certain purposes in
the development plan, shall be regulated in regard to type and manner of evelopment/re-
development, according to Table-4 hereunder: –

TABLE 4

Land uses and the Manner of Development


Sr.No. Use(Allocation designation or Person/Authority Condition subject to which
reservation) development is permissible
who may develop
(2)
(3)
(4)
(1)

I Residential (R)

(a) Residential (R-1) Owner

Residential with the shop line


(R-2)

Owner

(b)Public Housing (PH) Corporation/Public (1) A public authority may


Authority or Owner
develop the land after

acquiring it in accordance

with law.

Or

(2) In cases where the

owner has been granted

exemption under section


20 or section 21 or
redevelopment permission

under section 22 of the

Urban Land (Ceiling and

Regulations) Act, 1976,

prior to coming into force

of these Regulations, he

would be entitled to

develop the land in

accordance with terms and

conditions set out in

relevant order issued by

the Government or the

Competent Authority under

the said Act, In case the

owner has been granted

the aforesaid exemption or

permission after coming

into force of these


Regulations, he will be

entitled to develop the land

in accordance with terms

and conditions set out in

the exemption order or

permission, and in addition

to the condition stipulated

below.—

(i) The minimum tenement


density shall be 275 units per
ha. with not less than 50%
tenements having carpet area of
25 sq.mt. (269 Sq.Ft) each.

(ii) The owner shall hand over


40% of the total permissible
built up area in terms of
tenements, each having carpet
area of 25 sq.mt. (269 sq.ft.) to
the Municipal Corporation.
Thereafter the owner will be
entitled to have the full
permissible FSI of the plot for
the residential development,
without taking into account the
area of tenements handed over
to the Municipal Corporation.
For the addition built up area
over the permissible FSI, the
above norms of density will not
apply.

(c) Housing the Dishoused Corporation or Owner 1) The Corporation may


(HD)
develop the land after

acquiring it in accordance

with the Law or may

entrust the development to

any suitable agency on

such terms as are agreed

between Corporation and

the agency and in addition

on the following conditions.

(i) The agency may be

permitted to utilise the FSI

as admissible to

Corporation for

construction of buildings

for the purpose of housing

those who are displaced by


projects undertaken by the

Corporation;

(ii) At least 50 percent of the

built up area shall be

handed over to Corporation

free of cost, in the form of

tenements/shops for

allotting to Project Affected

Persons and/or for

rehabilitating the existing

tenants of the plot;

(iii) Balance built up area

may be utilised for the other

users as permissible in the

respective zone.

OR

2) The owner may develop the


land on such terms as are agreed
to between him and the
Commissioner and further
subject to the following
conditions:-

(i) The minimum tenement


density shall be 275 units per
ha. with not less than 50%
tenements having carpet area of
25 sq.mt. (269 sq.ft) each.

(ii) The owner shall hand over


40% of the total permissible
built up area in the terms of
tenements, each having carpet
area of 25 sq.mt. (269 sq.ft.) to
the Municipal Corporation.
Thereafter the owner will be
entitled to have the full
permissible FSI of the plot for
the residential development,
without taking into account the
area of tenements handed over
to the Municipal Corporation .
For the additional built up area
over the permissible FSI, the
permissible FSI, the above
norms of density will not apply.

(d) Public Housing/High Public authority or 1) The minimum tenement


Owner
Density Housing (PH/HDH) density shall be 275 units

per net hectare with not

less than 50 percent of the

tenements having carpet


area of 20.90 sq.mt. (225

sq.ft.) each.

2) A Public Authority may

acquire the land and

develop the land for the

allocated purpose with due

observance of condition (1)

above.

OR

The owner may develop

the land on such terms as

area agreed between him

and the Commissioner and

further subject to the

following conditions :-

(i) The owner shall develop

the land in accordance with

condition (1) above.

(ii) The owner shall hand


over 10% of the permissible

built up area in the form of

tenements each having

carpet area of 20.90 sq.mt.

(225 sq.ft.) to Corporation

free of charge for allotment

to persons affected by

projects undertaken by

Corporation or in the

absence of such allottees

to others at market price.

Thereafter the owner will be

entitled to have full permissible


FSI of the plot

without taking into account

the area so handed over to

the Corporation.

OR

In cases where the owner


has been granted

exemption under Sec. 20 or

Sec. 21 of redevelopment

permission under sec. 22 of

the Urban Land (Ceiling

and Regulation) Act, 1976,

prior to coming into force

of these Regulations he

would be entitled to

develop the land in

accordance with the terms

and conditions set out in

the exemption order or

permission issued by the

Govt. or the Competent

Authority under the said

Act. In case, however, the

owner has been granted the

aforesaid exemption or
permission after coming

into force of these

Regulations, he would be

entitled to develop the land

in accordance with the

terms and conditions set

out in the exemption order

or permission in addition to

the condition stipulated at

(1) and (2) above.

(3) Or development of site

can be taken up and

approved by the Slum

Rehabilitation Authority for

the implementation of the

scheme.

(e) Municipal staff Quarters Corporation or Owner The Corporation may develop
Corporation (MSQ)/ the land after acquiring it in
Municipal Housing(MH) accordance with the Law or may
entrust the development to any
suitable agency on such

terms as are agreed between


Corporation and the agency
provided that the agency hands
over built up area for the
Municipal staff quarters/
Municipal Housing in the form
of tenements to the Corporation
free of charge

according to the norms


prescribed by the
Commissioner. Thereafter

the agency will be entitled

to have full permissible FSI of


the plot for other permissible
users of the plot without taking
into account the area utilised

for the Municipal staff quarters


/ Municipal Housing.

OR

The owner may be permitted to


develop the reservation subject
to his handing over the built up
space for the Municipal staff
quarters/ Municipal Housing in
the form of tenements,
according to the norms
prescribed by the
Commissioner, free of charge, to
the Corporation. Thereafter,
owner will be entitled to have
the full permissible FSI of the
plot for other permissible user
of the plot without taking into
account the area utilised for the
Municipal Staff quarters /
Municipal Housing.

(f) Government staff Govt or Owner [A) For lands not owned by
Quarters/ Housing
Appropriate Authority :-

(i) The owner shall construct


designated amenity on 40% of
land under reservations with
0.40 of permissible FSI of area
under reservations according to
norms prescribed by the said
concerned Department
(inclusive of provision for
required parking spaces) for
being used for the designated
amenity.

(ii) Building thus constructed


shall be handed over along with
40% land to the concerned
Department, free of cost.
Thereafter, the owner shall be
allowed to develop the
remaining 60% site to the full
permissible FSI of the plot
without taking into account the
FSI utilised for this construction
of amenity building.

(B) For lands owned by


Appropriate Authority:

Development of reserved plot


shall be subject to such
conditions as may be prescribed
by the Government.

(g) Police Station Cum Police Government or A) For lands not owned by
Housing Owner
Appropriate Authority :-

(i) The owner shall construct


designated amenity on 40% of
land under reservations with
0.40 of permissible FSI of area
under reservations according to
norms prescribed by the said
concerned Department
(inclusive of provision for
required parking spaces) for
being used for the designated
amenity.

(ii) Building thus constructed


shall be handed over alongwith
40% land to the concerned
Department, free of cost.
Thereafter, the owner shall be
allowed to develop the
remaining 60% site to the full
permissible FSI of the plot
without taking into account the
FSI utilised for this construction
of amenity building.

(B) For lands owned by


Appropriate Authority:
Development of reserved plot
shall be subject to such
conditions as may be prescribed
by the Government.

II Commercial (C)

(a)(i)Local Commercial Owner

(C-1)

(ii) District Commercial

(C-2) Public Authority or The owner may be allowed to


develop on such terms as may
Owner be agreed between him and the
Commissioner.

In cases where the owner has


been granted exemption under
section 20 or 21 or
redevelopment permission
under section 22 of Urban Land
(Ceiling & Regulations) Act,
1976, prior to coming in to force
of these Regulations, he would
be entitled to develop the land
in accordance with the terms &
condition set out in exemption
order issued by the Government
or the Competent Authority
under that Act.

(b) Retail Market (RM) Corporation or owner The Corporation may acquire
and develop the Retail Market
or may entrust the development
to any suitable agency on such
terms as are agreed between
Corporation and the agency
provided that

the agency develops a Retail


Market with the type number
and size of stalls as prescribed
by the Commissioner and hands
over the built up area for
Market to Corporation free of
charge. Thereafter the agency
will be entitled to have the full
permissible FSI of the plot for
other permissible users without
taking into account the area

utilised for the Market.

OR

The owner may be permitted to


develop a Retail Market with the
type number and size of stalls as
prescribed by the Commissioner
and hands over the built up area
for Market to the Corporation
free of cost. Thereafter the
owner will be entitled to have
the full permissible FSI of the
plot for other permissible users
without taking into account the
area of the Market

(c) Shopping Center (SC) Corporation or owner The Corporation may acquire
the land and develop it for the
Shopping Centre or may entrust
the development to any suitable
agency on such terms as are
agreed between Corporation
and the agency subject to the
condition that the agency
agrees to hand over the built up
area for the Shopping Centre as
per the norms prescribed by the
Municipal Commissioner, to the
Corporation free of charge.
Thereafter the agency will be
entitled to have the full
permissible FSI of the plot for
other permissible user of the
plot without taking into account
the built up area of Shopping
Centre to be handed over to

Corporation.

OR

The owner may develop the


Shopping Centre on his agreeing
to give 25 percent of the
permissible built up area for the
Shopping Centre as per the
requirements of the Municipal
Commissioner, to Corporation
free of charge. The owner,
thereafter, will be entitled to
have the permissible FSI of the
plot for other permissible users
without taking into account the
built up area of Shopping Centre
to be handed over to
Corporation.

(d) Open Market (OM) Corporation

(e)Municipal Wholesale Corporation The Corporation may acquire


and develop the wholesale or
Market (MWM) semi wholesale market with
such area as is considered
appropriate by it for the
purpose and thereafter be
entitled to have the full
permissible FSI of the plot for

commercial/office purposes as
may be decided by the
Commissioner without taking
into account the area utilized for
the market. This facility will be
available only in the suburbs and
extended

suburbs.
(f) Municipal Semi-Wholesale Corporation —–Same as Above——-
Market (MSWM)

Commercial-(C) Corporation or owner The Corporation/ SPA may


or Special Planning acquire the land and develop it
(g) District Commercial Authority (SPA) for District Commercial
Centre/ Town Centre/Town Centre/Town Centre/
Sub-centre.
Town sub-centre.

OR

The owner may develop the


District Commercial
Centre/Town Centre/

Town sub-centre on his agreeing


to give 30 percent of the
permissible built-up area along
with appurtenant land for the
District Commercial Centre/
Town Centre / Town sub-centre
as per the requirement of the
Municipal Commissioner / SPA
to Corporation / SPA free of
cost, for the users permissible in
C1/C2 zone. The owner
thereafter will be entitled to
have the permissible FSI of the
plot for other permissible users
of C1/C2 zone without taking
into account the built-up area of
District Commercial Centre /
Town Centre / Town sub- centre
to be handed over to
Corporation.

Owner / Developer shall be


allowed to use TDR / Additional
FSI (0.33) on 70% land, subject
to following conditions:-

(i) Total FSI/TDR consumption


on plot shall not exceed 2.00 on
the entire plot.

(ii) In cases, where holdings are


more than 10 acres, prior
approval of Govt. shall be

obtained.

III Industrial (I)

(a)(i) Service Industries (I-1)

(ii)General Industries (I-2) Owner

(iii)Special Industries (I-3)

Owner

Owner

(b)Industrial Estate (IE) Public Authority or The Public Authority may,


owner acquire the land and develop the
industrial estate.

Or

The owner may develop the


industrial estate on his agreeing
to give at least up to 25 per cent
of the galas to the Corporation
for the purpose of rehabilitation
of such industries which are to
be rehabilitated from
nonconforming areas or zones
or who are displaced from sites
reserved for public purposes or
amenities in the development
plan or other projects on
payment of cost of construction
plus 15 per cent of the cost of
construction.

(c) Service Industrial Estate Public Authority or The owner may develop the
(SIE) owner service industrial estate on his
agreeing to give at least up to 25
per cent of the galas to the
Corporation for the purpose of
rehabilitation of such industries
which are to be rehabilitated
from nonconforming areas or
zones or who are displaced from
sites reserved for public
purposes or amenities in the
development plan or other
projects on payment of cost of
construction plus 15 per cent of
the cost of construction.
(d) Fishing Industry (FI) (e.g. Public Authority or
Fish drying, fish net drying, Institution,
repair and allied activities.) Cooperative

Society or Association
of Fishermen or owner.

(e) Godown/Warehousing/ Public Authority or


Cold Storage. owner

(f) Municipal Laundry/Work MCGM or owner A) For lands not owned


shop/Store (ML/MW/MS)
by the Municipal Corporation of
Gr. Mumbai.

(i) The owner shall construct


designated amenity on 50% of
land under reservations with
0.50 of permissible FSI of area
under reservation as per the
terms and conditions as
specified by the Municipal
Corporation (inclusive of
provision for required car
parking, separate pump room
adequate provision of toilet
blocks, etc.)

(ii) The amenity thus


constructed with separate
building and open spaces all
around shall be handed over
along with 50% land to the
MCGM free of cost and free of
charge.

Thereafter, the owner shall be


allowed to develop the
remaining 50% site to the full
permissible FSI of the plot
without taking into account FSI
utilized for this construction of
amenity building.

(B) For lands owned by the


Planning Authority i.e. MCGM:

The development of reserved


plot shall be subject to such
conditions as may be prescribed
by the Government.

(g)Municipal Printing Press MCGM or owner (A) For lands not owned by the
(MPP) Municipal Corporation of Gr.
Mumbai.

(i) The owner shall construct


designated amenity on 50% of
land under reservations with
0.50 of permissible FSI of area
under reservation as per the
terms and conditions as
specified by the Municipal
Corporation (inclusive of
provision for required car
parking, separate pump room
adequate provision of toilet
blocks, etc.)
(ii) The amenity thus
constructed with separate

building and open spaces all


around shall be handed over
along with 50% land to the
MCGM free of cost and free of
charge. Thereafter, the owner
shall be allowed to develop the
remaining 50% site to the full
permissible FSI of the plot
without taking into account FSI
utilized for this construction of
amenity building.

(B) For lands owned by the


Planning Authority i.e. MCGM:

The development of reserved


plot shall be subject to such
conditions as may be prescribed
by the Government

(h)Dhobi Ghat (DG) Corporation or The dhobi ghat, developed by


the Corporation, may be
Institution or entrusted for operation and
maintenance to an institution or
Association of association or washermen.

Washermen or owner. Or

The association or institution of


washermen owner may be
allowed to develop a dhobi ghat
on terms agreed between
them/him and the
Commissioner.

(i) Railway Siding, Indian Railways

Workshops. And other

Railway Uses.

IV Transportation

(a) Proposed road/street Corporation

(b) Proposed widening of Corporation


existing road/street

envisaged either in the

development plan or by
prescription of regular line of
street under the Mumbai

Municipal Corporation Act,


1888.

(c)BEST Bus Depot (BBD) and BEST Undertaking or (A) For lands not owned
Housing (BBDH)
Owner by Appropriate Authority :-

(i) The owner shall construct


designated amenity on 40% of
land under reservations with
0.40 of permissible FSI of area
under reservations according to
norms prescribed by the said
concerned Department
(inclusive of provision for
required parking spaces) for
being used for the designated
amenity.

(ii) Building thus constructed


shall be handed over alongwith
40% land to the concerned
Department, free of cost.
Thereafter, the owner shall be
allowed to develop the
remaining 60% site to the full
permissible FSI of the plot
without taking into account the
FSI utilised for this construction
of amenity building.

(B) For lands owned by

Appropriate Authority:-

Development of reserved

plot shall be subject to such


conditions as may be prescribed
by the Government.

(d) BEST Bus Station BEST Undertaking

(BBS) and Housing (BBS and


H)
(e) Municipal Transport MCGM or owner (A) For lands not owned by the
Municipal Corporation of Gr.
Garage (TG)/Workshop (MW). Mumbai.

(i) The owner shall construct


designated amenity on 50% of
land under reservations with
0.50 of permissible FSI of area
under reservation as per the
terms and conditions as
specified by the Municipal
Corporation (inclusive of
provision for required car
parking, separate pump room
adequate provision of toilet
blocks, etc.)

(ii) The amenity thus


constructed with separate
building and open spaces all
around shall be handed over
along with 50% land to the
MCGM free of cost and free of
charge. Thereafter, the owner
shall be allowed to develop the
remaining 50% site to the full
permissible FSI of the plot
without taking into account FSI
utilized for this construction of
amenity building.

(B) For lands owned by

the Planning Authority i.e.


MCGM:-
The development of reserved
plot shall be subject to such
conditions as may be prescribed
by the Government.

(f) Municipal Road Depot (RD) Corporation or Owner The Corporation may acquire,
develop and maintain the
amenity as a reservation

OR

The owner may be permitted to


develop the site subject to the
following conditions

1. The Owner shall construct the


structure for Road Depot as
required by Municipal
Corporation of Greater Mumbai
on the portion of the land under
reservation, having area of 50%
(fifty percent) of the area of
entire reserved site.

2. The built up area of the


structure for Road Depot shall
be 10% of the permissible FSI on
the plot under reservation.

3. The Land admeasuring 50% of


the plot area, with built up
structures for Road Depot, and
duly developed with proper
internal roads, etc. as required
by the Commissioner, shall be
handed over to the Corporation
free of cost.

4. The owner can develop the


remaining site, admeasuring
50% of the total plot area, with
full potential of the total plot for
the purpose as may be
permissible under the
respective zone, without taking
into account the area utilized for
constructing the amenity.

Provided further if the owner


agrees to hand over the whole
reservation to the Corporation
with necessary facilities as
stipulated in condition 3, FSI
potential of the land shall be
permitted to be utilized on the
adjoining land of the same
owner in the same layout.

(g)Car Pound Corporation or Police


Department.

(h)Truck Terminal (TT) Public Authority

(i)Parking Lot (PL) Corporation/ Public The Corporation may acquire


the land and develop, operate
Authority/ public and maintain the parking lot.

Organization/Owner Or

A public authority or a public


organisation or the owner may
be allowed to develop the
parking lot for the public
according to the design,
specification and conditions
prescribed by the
Commissioner, utilising the full
built-up area equal to the FSI
available on the plot for the
purpose of providing the
parking spaces. The operation
and maintenance of the facility
will be decided by the
Commissioner irrespective of
the authority, organisation or
person who develops the
facility.

The parking spaces may be in


the basement or open spaces or
under the stilts or on the upper
floors. The Corporation, public
authority public organisation or
the owner will be entitled to
thereafter have the full
permissible FSI of the plot,
without taking into account the
areas utilised for providing the
parking spaces for the other
permissible users of the plot.

(j) Jetty Public Authority or When the owner develops this


facility, it will be in accordance
Owner with the specifications approved
by the appropriate authority.

V. Public, Semi-Public

1. Institutional- The Corporation may


(a)Dispensary(D) .. acquire, develop and

(b)Health/Welfare Center maintain the amenity as a


reservation or may entrust the
(WC). development to any suitable
agency on such terms as are
(c)Maternity Home(MH) Corporation or owner agreed between Corporation
and the Agency. The agency may
(d)Municipal chowky be permitted to develop the
amenity subject to their
(MCKY). agreeing to hand over free of
cost to the Corporation the built
up space for the amenity,
constructed according to the
norms prescribed by the
Commissioner. Thereafter the
agency will be entitled to have
full permissible FSI of the plot
for other permissible user of the
plot without taking into account
the built up area of the amenity
to be handed over to
Corporation.

OR

The owner will be permitted to


develop the amenity subject to
his agreeing to hand over to the
Corporation free of charge the
built up space for the amenity
constructed according to the
norms prescribed by the
Commissioner. Thereafter the
owner will be entitled to have
the full permissible FSI of the
plot for other permissible user
of the plot without taking into
account the built up area of the
amenity to be handed over to
Corporation.

The Commissioner may hand


over the dispensary, health or
Welfare Centre, or Maternity
Home to a public Organisation
for operation and maintenance
on terms decided by him.

Explanation:- Welfare

Centre also includes Homes,


Shelters or Institutions for
homeless or street children
waifs, destitute children (but not
for beggars), strays delinquents,
abandoned or destitute women,
homes for the destitute, or
dying destitutes, drug addicts
and alcoholics, Crèches or day-
care centre for children of
working parents, Seva- Ghars,
mobile creches and for
physically disabled or
handicapped provided they are
all run by registered public
trusts.

(e) General Hospital (GH) Public Authority or When owner develop the

(f) Home for Retarded Public Organisation/ facilities at (e) to (i) it will be in
accordance with the
Destitutes/ Mentally Trust or Owner (Legal
Retarded Person) specifications and conditions
approved by the Commissioner.
(g) Sanatorium (SM)

(h) Leprosarium

(i)Veterinary Dispensary (+
VH)

(j)Government Hospital Government ———————————

(G+H) Department
Concerned

(k) Municipal Hospital and


Extension to Municipal MCGM or Owner
Hospital (A) For lands not owned

by the Municipal Corporation of


Gr. Mumbai.

(i) The owner shall construct


designated amenity on 50% of
land under reservations with
0.50 of permissible FSI of area
under reservation as per the
terms and conditions as
specified by the Municipal
Corporation (inclusive of
provision for required car
parking, separate pump room
adequate provision of toilet
blocks, etc.)
(ii) The amenity thus
constructed with separate
building and open spaces all
around shall be handed over
along with 50% land to the
MCGM free of cost and free of
charge. Thereafter, the owner
shall be allowed to develop the
remaining 50% site to the full
permissible FSI of the plot
without taking into account FSI
utilized for

this construction of amenity


building.

(B) For lands owned by the


Planning Authority i.e. MCGM:-

The development of

reserved plot shall be subject to


such conditions as may be
prescribed by the Government.

(2) Educational

(a) Municipal Primary Corporation or The Commissioner may allow


registered institution development of the
School (M.P.)
or trust or private reservation for primary/

party primary-cum-secondary

school and/or the operation and


maintenance, thereof by
registered institutions or
trusts or private parties in
accordance with the

specifications and design duly


approved by him and subject to
the other terms and conditions
as may be

decided by him.

(b) Primary School (P.S.) Public Authority or The land for the primary or
Owner secondary school may be
(c) Secondary School acquired for or on behalf of a
public authority, a public trust
(SS)
of a registered society, which
may develop the facility
themselves or lease it to
another institution or trust for
running the same.

or

the owner may be allowed to


develop the land for the specific
facility and operate it

himself or entrust its

operation to a registered

institution or trust.

(d) College Public Authority or The conditions subject to


Owner which development of college is
permissible will be as in the case
of a Primary School or a

Secondary School as

indicated in this column

against item V(2) (b) and (c).

(e) Polytechnic Public Authority or Conditions subject to which


Owner development of polytechnic is
permissible will be as in the case
of a Primary School or as
Secondary School as

indicated in this column

against item V(2) (b) and (c).

(f)Technical school Public Authority or Conditions subject to which


Owner development of Technical
School is permissible will be as
in the case of a Primary

School or as Secondary

School as indicated in this


column against item V(2) (b) and
(c).

3. Government or Semi- Govt. or Owner A) For lands not owned by


Public – Appropriate Authority :-

(a)Government office
(GO)] (i) The owner shall construct
designated amenity on 40% of
land under reservations with
0.40 of permissible FSI of area
under reservations according to
norms prescribed by the said
concerned Department
(inclusive of provision for
required parking spaces) for
being used for the designated
amenity.

(ii) Building thus constructed


shall be handed over alongwith
40% land to the concerned
Department, free of cost.
Thereafter, the owner shall be
allowed to develop the
remaining 60% site to the full
permissible FSI of the plot
without taking into account the
FSI utilised for this construction
of amenity building.

(B) For lands owned by

Appropriate Authority:

Development of reserved

plot shall be subject to such


conditions as may be prescribed
by the Government

(A) For lands not owned


by the Municipal Corporation of
Gr. Mumbai.

(i) The owner shall construct


designated amenity on 50% of
land under reservations with
0.50 of permissible FSI of area
under reservation as

per the terms and conditions as


specified by the Municipal
Corporation (inclusive of
provision for required car
parking, separate pump room
adequate provision of toilet
blocks, etc.)

(ii) The amenity thus


constructed with separate

building and open spaces all


around shall be handed over
along with 50% land to the
MCGM free of cost and free of
(b) Municipal office (MO) charge. Thereafter, the owner
shall be allowed to develop the
MCGM or owner remaining 50% site to the full
permissible FSI of the plot
without taking into account FSI
utilized for

this construction of amenity


building.

(B) For lands owned by

the Planning Authority


i.e. MCGM:

The development of

reserved plot shall be

subject to such conditions

as may be prescribed by

the Government.

—————————–
(c)Town Duty Office (TD)

(Octroi office) Corporation

4. Assembly and

Recreation –

(a)Cinema Theatre (CN)


(b)Drama Theatre (DTH)

(c)Open Air Theatre (OTH)

(d)Childrenís’ Theatre

(CTH) Owner

(e)Museum

(f)Public Hall

(g)Gymnasium/Gymkhana

(GYM)`

(h)Club

(i)Stadium Corporation or Owner The Commissioner may entrust


the development and
maintenance of the facility to a
suitable agency on terms to be
decided by him.

(j) Swimming Pool .. The Commissioner may

(k)Recreation Ground entrust the development and


maintenance of the facility to a
(RG) suitable agency on terms to be
decided by him.
(l) Playground (PG) .. Corporation or

(m) Garden (G) Owner

(n) Park (P)


(o) Sports Complex-cum

Shopping Centre

(p) Library Corporation or Owner The Corporation may acquire,


develop and maintain the
Library space as a reservation or
may entrust the development to
any suitable agency on such
terms as are agreed between
Corporation and the agency. The
agency may be permitted to
develop the land subject to their
handing over the built up space
for the Library, constructed
according to the norms
prescribed by the
Commissioner, to the
Corporation free of charge.
Thereafter the agency will be
entitled to have the full
permissible FSI of the plot for
other permissible users of the
plot without taking into account
the built up area of Library.

OR

The owner may be permitted to


develop the Library subject to
his handing over to the
Corporation free of charge the
built up space for the Library
constructed according to the
norms prescribed by the
Commissioner. Thereafter the
owner will be entitled to have
the full permissible FSI of the
plot for other permissible users
of the plot without taking into
account the built up area for the
Library.

NOTE :-

The Commissioner may hand


over the built up space for the
Library to a suitable agency for
operation and maintenance on
terms as decided by him.

(q)Tourist Complex/Centre Maharashtra Tourism


Development

Corporation Limited or
owner.

(r) Art Gallery Corporation or Owner The Corporation may acquire,


develop, and

maintain the Art Gallery

Space as a reservation,

or

The owner may be permitted to


develop the Art Gallery subject
to his handing over to
Corporation free of charge the
built up space for the Art
Gallery constructed accordingly
to norms prescribed by the
Commissioner. Thereafter the
owner will entitled to have the
full permissible FSI of the plot
for other permissible users of
the plot without taking into
account the area utilized for
constructing the Art

Gallery.

5. Public Utilities- Corporation or owner (A) For lands not owned by the
Municipal Corporation of Gr.
(a)Fire Brigade Station (FB)] Mumbai.

(i) The owner shall construct


designated amenity on 50% of
land under reservations with
0.50 of permissible FSI of area
under reservation as per the
terms and conditions as
specified by the Municipal
Corporation (inclusive of
provision for required car
parking, separate pump room
adequate provision of toilet
blocks, etc.)

(ii) The amenity thus

constructed with separate


building and open spaces all
around shall be handed over
along with 50% land to the
MCGM free of cost and free of
charge. Thereafter, the owner
shall be allowed to develop the
remaining 50% site to the full
permissible FSI of the plot
without taking into account FSI
utilized for this construction of
amenity building.

(B) For lands owned by the


Planning Authority i.e. MCGM:–

The development of reserved


plot shall be subject to such
conditions as may be prescribed
by the Government.

———————————

———————————

———————————

———————————

———————————
(b)Sewage Purification Corporation

Works (SPS. Corporation

(c)Reservoir (R) Corporation

(d)Pumping Station Corporation

(SPg. Stn.). Corporation

(e) Sanitary Refuse Shed

(SRS).

(f) Refuse Transport

Station (RTS).

(g) Cattle Pound (CP)

(h) Receiving Station (RS) Electrical Licensee —————–


(i) Cemetery/Cremation

Ground (C). Corporation/Public The Corporation or a public


authority with the approval of
Authority or Owner. the corporation may acquire

and develop the land for a


cemetery, cremation ground.

or

The owner may be allowed to


develop the land for cemetery
or cremation ground with the
approval of Corporation on such
terms and conditions as it may
specify.

(j)Post Office (PO) Post The Government The Government department


concerned may acquire develop
and Telegraph Office Department concerned and maintain the users.
(PT)/Telephone Service
or owner. or
Centre (TC) Police Chowky
(PCKY). The owner may be permitted to
develop the facility subject to
his handing over to the

Government department
concerned free of charge the
required built-up space for the
facility constructed according to
the norms prescribed by the
said Government department.
Provided that alternatively the
owner may handover to the
concerned Government
Department free of charge the
prescribed built up area for the
said facility or any related
facility of the said Government
Department constructed
according to the requirement of
the said Government
Department any where in the
same ward or nearby location in
adjacent ward at convenient
place mutually agreed by the
owner and the said Government
Department. Thereafter the
owner will be entitled to the full
permissible FSI of both the
plots, without taking into
account the area utilized for
constructing such the facilities /
related facilities.

(k)Telephone Exchange (TE) Govt. Department A) For lands not owned by


Appropriate Authority :-
concerned or owner or
basic Telephone (i) The owner shall construct
designated amenity on 40% of
Operating company land under reservations with
0.40 of permissible FSI of area
under reservations

according to norms prescribed


by the said concerned
Department
(inclusive of provision for

required parking spaces) for


being used for the designated
amenity.

(ii) Building thus constructed


shall be handed over alongwith
40% land to the concerned
Department, free of cost.
Thereafter, the owner shall be
allowed to develop the
remaining 60% site to the full
permissible FSI of the plot
without taking into account the
FSI utilised for this construction
of amenity building.

(B) For lands owned by

Appropriate Authority:

Development of reserved plot


shall be subject to such
conditions as may be prescribed
by the Government.

(A) For lands not owned by


Appropriate Authority :-

(i) The owner shall construct


designated amenity on 40% of
land under reservations with
0.40 of permissible FSI of area
under reservations according to
norms prescribed by the said
concerned Department
(inclusive of provision for
required parking spaces) for
being used for the designated
amenity.

(ii) Building thus constructed


shall be handed over alongwith
40% land to the concerned
Department, free of cost.
Thereafter, the owner shall be
allowed to develop the
remaining 60% site to the full
(l) Police Station permissible FSI of the plot
without taking into account the
Govt. department FSI utilised for this construction
of amenity building.
concerned or owner
(B) For lands owned by

Appropriate Authority:

Development of reserved plot


shall be subject to such
conditions as may be prescribed
by the Government.

(m) A) For lands not owned by


Appropriate Authority :-
a) BEST Receiving
(i) The owner shall construct
Station (BRS) BEST Undertaking designated amenity on 40% of
land under reservations with
b) BEST Bus Depot (BBD) or Owner. 0.40 of permissible FSI of area
under reservations according to
c) BEST Bus Station norms prescribed by the said
concerned Department
d) BEST Terminal (inclusive of provision for
required parking spaces) for
being used for the designated
amenity.

(ii) Building thus constructed


shall be handed over alongwith
40% land to the concerned
Department, free of cost.
Thereafter, the owner shall be
allowed to develop the
remaining 60% site to the full
permissible FSI of the plot
without taking into account the
FSI utilised for this construction
of amenity building.

(B) For lands owned by

Appropriate Authority:

Development of reserved plot


shall be subject to such
conditions as may be prescribed
by the Government.

(n) Public Sanitary Corporation or owner The Corporation may develop


the facility either
Convenience (PSC).
itself or through a sponsor or
may allow owner to develop the
same on plots designated or
reserved for the purpose in the
development plan or at other
suitable locations, niches (even
in sites designated or reserved
for other purposes or amenities
in the development plan) as may
be approved by the
Commissioner. Such
development will be free from
FSI computation.

—- Municipal Training Institute Corporation or Owner A) For lands not owned by


Appropriate Authority :-

(i) The owner shall construct


designated amenity on 40% of
land under reservations with
0.40 of permissible FSI of area
under reservations according to
norms prescribed by the said
concerned Department
(inclusive of provision for
required parking spaces) for
being used for the designated
amenity.

(ii) Building thus constructed


shall be handed over alongwith
40% land to the concerned
Department, free of cost.
Thereafter, the owner shall be
allowed to develop the
remaining 60% site to the full
permissible FSI of the plot
without taking into account the
FSI utilised for this construction
of amenity building.
(B) For lands owned by

Appropriate Authority:

Development of reserved plot


shall be subject to such
conditions as may be prescribed
by the Government.

Explanation:-

(i) Even where an owner, in terms of column (3) in Table 4 above, is permitted to develop certain
categories of reservations allocations or designations the Corporation or concerned authority may at
any time acquire land thereunder.

(ii) An owner, who in terms of column (3) of Table 4 also, is permitted to develop certain categories of
allocations, designations or reservations, shall provide the required parking spaces for the same, in
addition to those required for the developments he is permitted to undertake.

(iii) In areas where the Mumbai Metropolitan Region Development Authority or any other authority is
appointed as Special Planning Authority under Section 40 of the Maharashtra Regional and Town
Planning Act, 1966, all development permissions shall need the clearance of the said Authority.

(iv) (a) In case of development of lands for Swimming Pools, Recreation Grounds and Playgrounds,
Construction for ancillary uses only may be permitted (in a suitable location so as to keep as much of the
remaining space open) upto 15% on 10% of the land for the said amenities.

(b) In case of development of lands for Gymnasia, Gymkhana, Club, Pavilion, Stadia on sites reserved /
djesignated earmarked nominated as such (existing or proposed) FSI of 1.00 shall allowed on 50 per
cent of the area of land for the said amenities.

(v) In the case of development or redevelopment of land of Department of Police, Police Housing
Corporation, and Home guard, commercial user permissible under D.C. Regulations; may be permitted
upto 40% of the basic permissible Floor Space Indices, in accordance with Table 14 of the said
regulations.
(vi) Sites reserved and designated for BEST Bus Depot, BEST Bus Station, BEST Terminus, BEST Bus
Station and Staff Quarters, BEST Bus Depot and Transport Carriage may be developed by the BEST
Undertaking for the specified purpose coupled with commercial user subject to the following
conditions:-

1. a) The built-up area of such commercial user shall not exceed 30% of the total permissible floor
area, except in the six proposals where tenders are issued by BEST after the notification issued vide
TPB/4395/1472/CR-51/97/UD-11, dated 27th june 2006 and prior to this notification.

For these six proposals the built up area of such commercial user shall not exceed 50% of the total
permissible floor area.

1. b) Out of such permissible commercial user built-up area not exceeding 50% of the total
permissible commercial user may be permitting on the ground floor. While remaining floor area for
commercial user may be permitted on the upper floor.

2. c) Extent of built-up area proposed to be used for commercial purpose shall be such that it does not
adversely affect the principle user.
3. d) The proposal for such composite user shall be cleared by Additional Commissioner of Police
(Transport), Mumbai.
4. e) Considering the strategic location of reserved sites with reference to the volume and nature of
the traffic in the vicinity of the reserved site, Municipal Commissioner shall have right to prescribe
additional condition as deemed fit and also restrict the commercial area to the justifiable extent.
5. f) Provision for separate parking shall have to be provided as per prevailing norms in such a way
that it does not affect movement of BEST buses as well as the traffic of road.

6. g) The above commercial user shall be permitted on plot having area of 2000 Sq. Mt. & above.
7. h) If there is any storage of diesel/ petrol or any explosive material on the plot, then the above
commercial user is permissible by maintaining segregating distance between them as decided by
the Chief Fire Officer.

10. Development permission in respect of Public Housing/High Density Housing.- When the land
reserved for Public Housing or for Housing the Dishoused is not under acquisition, the owner may
be allowed to develop it for Public Housing/High Density Housing. However, prior clearance in the
case of cessed properties from the concerned Public Authority will be necessary in conformity with
the stipulations specified by such Authority.
11. Other Stipulations:-
(1) General – In every case of development/re-development of any land, building or premises, the
intended use shall conform to the use zones, purpose of designation, allocation or reservation as the
case may be, unless specified otherwise.

(2) Development of land partly designated/allocated/designated/reserved.- Where a building exists on a


site shown as an allocation, designation or reservation in the Development Plan, only its appropriate
part as used for such allocation, designation or reservation, shall be used for the said purpose and the
remaining part of the building or of the developable land may be put to use in conformity with the
purpose of development as otherwise permissible in the case of adjacent land.

(3) Combination of public purposes / uses in reserved sites.- Where the Corporation or the Appropriate
Authority proposes to use land/building/premises reserved for one specific public purpose/purposes,
for different public purpose/purposes it may do so, with the previous approval of the Government,
provided that the combination of such second user conforms to these Regulations and the permissible
use in the zone in which the site falls. Provided that this shall not apply

(a) to any site being developed for an educational or medical purpose or club/gymkhana wherein a
branch of a bank may be allowed,

(b) to any site being developed for medical purposes wherein shops of pharmacists or chemists may be
permitted, and

(c) to any site encumbered by another non-educational user and being redeveloped for educational
purposes, in which case the existing noneducational uses may be allowed to continue without any
increase in the net floor area covered by them and

(d) to any site being developed for recreational use, such as garden,

playground, recreation ground, park, etc., each measuring not less than 400 sq., meters at one piece,
wherein electric sub-stations, which may utilize not more than 10 per cent of the site in which they are
located, is proposed.

(4) Shifting and/or interchanging the purpose of designations/reservations:- In the case of specific
designations/reservations in the Development Plan, the Commissioner, with the consent of interested
persons may shift, interchange the designation/reservation in the same or/on, adjoining lands/building,
to which an access is available or has to be provided and the same is not encumbered provided that the
area of such designation/reservation is not reduced.

12. Development in Large Holding:- Notwithstanding contained in these Regulations the provisions in
Appendix IX will apply to residential development, undertaken by a single developer if he desires to
undertake it on a single plot or group of plots 20,000 sq.m. or more in area.

13. Exemptions:-

(1) Existing non-conforming uses to continue in certain circumstances.

(a) Any lawful use of land/building premises existing before the coming into force of these Regulations
may continue even if it does not conform to the use provisions of these Regulations provided such non
conforming use is not extended or enlarged except as provided in these Regulations.

(b) In case a building accommodating any non-conforming use collapses, is pulled down or is destroyed,
any new building on the site shall conform to these Regulations and to the land use prescribed for the
plot in the development plan.

(c) Provided that where Retention Activity shown in the development plan in the case of lands or
premises is authorisedly discontinued, use of such lands or premises in which such Activity existed shall
be regulated as follows, namely : –

(i) in the case of industrially zoned lands or premises other than those under use of cotton textile
industry in accordance with sub- Regulations (3) of Regulations 56 and clauses (b) to (d) of sub-
Regulation (3) of Regulations 57;

(ii) in the case of industrially zoned lands or premises under use of cotton textile industry, the use shall
be regulated in accordance with Regulations 58.

In rehabilitation schemes, undertaken by the Bombay Housing and Area Development Board where a
new building is constructed in place of an old building, containing authorised non-conforming users, the
Commissioner may allow the same non-conforming users in the new building provided such user is not
industrial, hazardous or likely to cause pollution.
In case of rehabilitation schemes in an industrial zone, authorised residential user may be permitted
only in independent buildings subject to Regulations 15.

(2) Non-conforming industries.- Non-conforming industries which are neither hazardous nor polluting
and which have been permitted to operate, without any requirement that they must shift to a
conforming zone after a specific period, may, with the Commissioner’s special permission, be allowed to
make additions to start a new process or to manufacture new products, provided the degree of nuisance
from the existing unit will in no way be affected by such additions if-

(a) such schemes forms an integral part of and is directly connected with the process carried out in the
existing unit;

(b) such addition is required to prevent undue loss or improve the working efficiency or the conditions
of the existing unit or to balance the existing

production units of the industry;

(c) open spaces of 6 m. are maintained from the boundaries of the plot as well as between two buildings;

(d) satisfactory means of access as required by these Regulations for industrial zones is provided and
maintained; and

(e) parking spaces are provided according to these Regulations.

(3) Other non-conforming uses :- Any permitted non-conforming use which is nonhazardous or non-
polluting and which existed before the 18th September, 1958 may be allowed to continue in the
development plan, without additions to such non-conforming use on the following conditions, namely :-

(a) The whole building or entire premises is owned and occupied by one establishment only and

(b) Open space and parking space required under these Regulations are provided.

14. Ancillary Uses Permitted:- The ancillary uses permitted in various use zones and the conditions
governing the same shall be as given in Part-IV.

15. Prohibition of Factories in Residential Building in Conforming Zones:-


Notwithstanding anything contained in these Regulations no permission shall be granted for erecting
any factory, workshop or work place (for the establishment of which previous permission is required
under Section 390 of the Mumbai Municipal Corporation Act, 1888) wholly or partly on lands used for
residential purposes even if such use is in conformity with these Regulations and the aforesaid Act;

Provided that the uses in a residential building permissible under Regulation 51 and 52 which are
compatible with the residential user may be permitted on the ground floor.

16. Requirements of Sites:-

No land shall be used as a site for the construction of building:-

(a) if the Commissioner considers that the site is insanitary or that it is dangerous to construct a building
on it or no water supply is likely to be available within a reasonable period of time;

(b) if the site is within 9m. from the edge of the water mark of a minor water

course, or 15m. from the edge of the water mark of a major water course, unless arrangements to the
satisfaction of the Commissioner are made to drain the flow of the water course;

Provided that where a water course passes through low-lying land without welldefined banks, the
Commissioner may permit the owner of the property to restrict or divert the water course to an
alignment and cross section determined by him (Commissioner).

(c) if the site is not drained properly or is incapable of being well drained;

(d) if the building is proposed on any area filled up with carcasses, excreta, and filthy and offensive
matter, till the production of a certificate from the Commissioner to the effect that it is fit to be built
upon from the health and sanitary point of view;

(e) if the use of the said site is for a purpose which in the Commissioner’s opinion may be a source of
danger to the health and safety of the inhabitants of the neighborhood;

(f) if the Commissioner is not satisfied that the owner of the building has taken the required measures to
safeguard the construction from constantly getting damp;
(g) if the level of site is lower than the Datum Level prescribed by the Commissioner depending on
topography and drainage aspects. This shall not be less than Reduced Level of 27.55m of the Town Hall
Datum;

(h) if situated:-

(i) within the inner funnel of vision marked on Sheet numbered as Part-II of Ward D of the Development
Plan 1981-2001.

(ii) Within the outer funnel of vision marked on the sheet quoted in (c) above and the building proposed
to be erected is above Reduced Level of 75.44 m. (247.45ft). with reference to the Town Hall Datum.

(i) if the building is nearer to the centre line of a National Highway, State Highway or Major District
Road than 24.5m. in the case of residential buildings and 36.5 m. in the case of other buildings;

(j) if it is situated-

(i) within 2438 m. from an international civil airport unless the application for development permission
is accompanied by a certificate of consent from the Civil Aviation Authorities:

(ii) within 1829 m. from any other civil airport unless the application for development permission is
accompanied by a certificate of consent from the

Civil Aviation Authorities.

(k) for assembly use for cinemas, theatres, places of public worship, residential hotels, lodging and
boarding houses, unless the site has been previously approved by the Commissioner and the
Commissioner of Police;

(l) Unless it derives access from an authorised street/means of access

described in these Regulations;

(m) for industrial use other than a service industry unless the application is accompanied by no
objection certificate from the appropriate officer of the Industries Department of the Government of
Maharashtra according to the
prevailing Industrial Location policy.

(n) if the proposed development is likely to involve damage to or have deleterious impact on or is against
urban aesthetics of environment or ecology and/or on historical/architectural/aesthetical buildings and
precincts or is not in the public interest.

17. Public Streets and means of Access:-

(1) Every site to have access free of encroachment:- Every site proposed to be developed or
redeveloped shall have access from a public street/road as required in these Regulations. Such access
shall be kept free of encroachment.

(2) Multi-storeyed, High Rise and Special Buildings:- The Commissioner may permit access to such
buildings from any street not less than 9 m. wide, one end of which shall join another street of equal or
greater width.

(3) Other buildings :- (a) The Commissioner shall permit access from streets having width of not less
than 6 m. over which the public have a customary right of access or have used it or passed over it
uninterruptedly for a period of 20 years.

(b)The Commissioner may permit access from:-

(i) any street 6 m. wide or more (including streets in a gaothan which give access to other properties
outside the gaothan);

(ii) any existing street not less than 3.6 m. wide which is proposed to be widened either in development
plan or by laying down a regular line of street under the Mumbai Municipal Corporation Act, 1888.

(iii) any street less than 3.6 m. wide in a gaothan if the plot boundary is shifted 2.25m. from the central
line of the street. Provided that shifting of plot boundary to 2.25 Mt. from central line of the street will
be insisted only in respect of identified streets forming part of Traffic Circulation System in Gaothan.
Such streets will be identified with specific approval of Municipal Commissioner. In all other cases,
existing access will be considered as adequate in Gaothan areas, subject to the physical verification on
site.

(iv) any street or road more than 52 m. in width specifically identified in the development plan for giving
direct access except where a no-objection certificate has been granted by the appropriate road
authorities;

Provided further that where any road is proposed to be widened in the development plan for which a
regular line of street has been prescribed under the Mumbai Municipal Corporation Act, 1888, the
resulting proposed width shall be reckoned in dealing with a request for development permission.

(4) Plots/Buildings abutting or fronting a means of Access:- Where a plot or building abuts/fronts a
means of access; the width of the access shall be as specified in Regulations 22.

18. Highways and Wider Roads:- No site excepting one proposed to be used for highway amenities like
petrol pumps or motels shall have direct access from a highway or specified road 52 m or more in
width, and the portion of these roads in which such amenity sites may have direct access will be
identified in the development plan.

For this purpose, the Commissioner shall specify such roads from time to time with the approval of the
Corporation. He shall also maintain a register of such specified roads which shall be open to public
inspection.

Provided that this shall not apply to any lawful development along the highways and other specified
roads which have existed before these Regulations have come into force and alternative measures are
provided for their continuance.

19. Means of Access to be Constructed and Maintained:–

(1) General. – Means of access shall be levelled, metalled, tarred, flagged, paved, sewered, drained,
channelled, provided with lights and water supply line and with trees for shade to the satisfaction of the
Commissioner. They shall be free of encroachment by any structure or fixture that may reduce their
width below the minimum required by Regulations 22 and shall be maintained in condition considered
satisfactory by the Commissioner.

(2) Private Street :- If any private street or other means of access is not constructed or maintained as
specified in sub-regulation (1) above or if structures or fixtures arise thereon in contravention of that
sub-rule, the Commissioner may, by written notice, direct the owner or owners of the several premises
fronting or adjoining the said street or other means of access or abutting thereon or to which access is
obtained through such street or other means of access or which shall benefit by works executed, to
carry out any or all of the aforesaid requirements in such manner and within such time as he shall direct.
If the owner or owners fail to comply with this direction, the Commissioner may arrange for its
execution and recover the expenses incurred from the owner or owners.
(3) How to measure the length of access ways :- The length of main means of access shall be determined
by the distance from the farthest plot or building plot and the main street. The length of a subsidiary
access-way shall be measured from the point of its origin and the next wider road it meets.

20. Inter-section of Roads :- For inter-section of roads meeting at right angles, as well as other than at
right angles, the rounding off, cut-off or splay or similar treatment shall be done to the satisfaction
of the Commissioner depending upon the widths of the roads, the traffic generated, the sighting
angle, etc. to provide clear side distance.

21. Layout of land and Land Sub-division:-

(1) Circumstances warranting preparation of a layout or sub-division :— A layout or subdivision shall be


submitted for the following:-

(a) when more than one building (except for building accessory to the main building) is proposed on any
land;

(b) when development or redevelopment of any tract of land includes its division or subdivision into
plots.

(c) when the land under development admeasures 1000 sq.m. or more in a residential or commercial or
in an industrial zone.

(2) Contents – Every sub-division/ layout shall contain sub-plots being formed after subdivision, access
thereto, recreational open space, if any, required under Regulations 22 and 23, spaces for other
ancillary uses if any required under Regulations 24 and 26 as also all the reservations, designations,
allocations, road or road widening proposals of the development plan and the regular lines of streets
prescribed under the Mumbai Municipal Corporation Act, 1888. Where there is a conflict between the
widths or widening lines proposed in the development plan and those under the regular line of a street,
the wider of the two shall prevail.

Provided that the Commissioner may, without any reduction in area , allow adjustment in the
boundaries of reserved /allocated sites within the same holding and conforming to the zoning provisions
to suit the development. In doing so, he will ensure that the shapes of altered, allocated/reserved sites
are such that they can be developed in conformity with these Regulations.

(3) Minimum plot areas – The minimum plot areas permissible for different categories of use, types of
development permissible and the minimum dimension shall be as in Tables 5 here under : —
TABLE 5

Minimum Plot areas for various Uses


Serial Land use Plot area (sq.m.) Type of

No. Development

(1) (2) (3) (4)

1 Residential and Commercial (i)25 and above but less than Row
40
(except those in 2,3 and 4 below)
(ii)40 and above but less than Row/
125
semidetached.

(iii)125 and above with no Row/semi


dimension less than 9 m.
detached/

detached.

2 Plots in Public Housing/High


Density Housing/ Sites and
Services/Slum
upgradation/Reconstruction
scheme. 21 with minimum width of 3 Row.
m

3 Petrol filling Station –

(a) without service bay 545 (with one dimension not Detached
less

than (16.75 m).


(b) with service bay 1100 (with one dimension Detached
not less

than 30.5 m).

4 Cinema theatre, assembly hall 3 sq.m per seat including


parking

Requirements

5 Mangal Karyalaya 1000

6 4 and 5 Star Hotel in independent 2500 Detached.


plot

7 3 Star Hotel when in independent 1000 Detached


plot

8 Industrial (I-2 and I-3) 300 (with width not less than Detached
15m)

22. Internal Means of Access to each Plot:-

(1) Minimum road width vis-à-vis the area served- Plots which do not abut on a street shall abut/front
on a means of access, the width and other requirements of which shall be as given in Table 6 hereunder
for residential and commercial zones and as given in Table 7 hereunder for an industrial zone.

TABLE 6
Width of access for Residential and Commercial Zones

Access length in Area served (sq.m.)


meters (m)

(1)

Less than 1500 1500-4000 4000-10000 Over 10000

Width in meters (m.)

(2) (3) (4) (5)

Less than 75 6 7.5 9 12

75 to 150 7.5 7.5 9 12

150 to 300 9 9 9 12

Over 12 12 12 12

Provided that in residential layouts, straight cul-de-sacs upto 150 m. long roads are permissible. An
additional length upto 125m. will be permissible, if an additional turning space is provided at 150 m. The
dead end shall be at a level higher than the main road from where the cul-de-sac road takes off. The
turning space, in each case, should not be less than 81sq.m. in area, no dimension being less than 9 m.

TABLE 7

Width of access for industrial zones


Access length in meters Width of means of access in meter

(m) (m)

(1) (2)

Upto 100 9.00

Above 100 up to 300 12.00

Above 300 15.00

(2) Access for residential, commercial and industrial zones as in table 6 and 7 above-

(a) shall be clear of marginal open spaces but not less than 3m. from the building line;

(b) may be reduced by 1 m. their in prescribed widths if the plots are on only one side to the access;

(c) shall be measured in length from the point of its origin to the next wider public street it meets.

(3) In the interest of the general development of any area, the ommissioner may require the means of
access to be of larger width than that required under these Regulations.

(4) Notwithstanding the above, in partially built-up plots where the area still to be built upon does not
exceed 5,000 sq.m. an access of 3.6m. width may be considered adequate. If such an access is through a
built over arch, this access shall have a height of not less than 4.5m. If such access is at least 3 m. in
width, it shall be considered as adequate means of access for areas to be built upon not exceeding 5,000
sq.m. provided such area is used for low income group housing and the F.S.I. would be 75 per cent of the
F.S.I. permissible in the zone.

(5) In the case of a plot, surrounded on all sides by other plots i.e. a land-locked plot which has no access
to any street or road, the Commissioner may require access through an adjoining plot or plots which
shall, as far as possible be nearest to the street or road to the land locked plot, at the cost of owner of
the land-locked plot and such other conditions as the Commissioner may specify.
(6) Notwithstanding the provisions regarding access in these Regulations, an access provided in Town
Planning Schemes and in Improvement Trust Schemes shall be deemed to be adequate.

23. Recreational / Amenity Open Spaces:-

(1) Open spaces in residential and commercial layouts-

(a) Extent. -In any layout or sub-division of vacant land in a residential and commercial zone, open
spaces shall be provided as under:

(i) Area from 1001 SQ.M. to 2500 SQ.M. 15 per cent

(ii) Area from 2501 SQ.M. to 10,000 SQ.M. 20 per cent

(iii) Area above 10,000 SQ.M. 25 per cent

These open spaces shall be exclusive of areas of accesses/internal roads/designations or reservations,


development plan roads and areas for road-widening and shall as far as possible be provided in one
place. Where however, the area of the layout or sub-division is more than 5000 sq. m., open spaces may
be provided in more than one place, but at least one of such places shall be not less than 1000 sq. m. in
size. Such recreational spaces will not be necessary in the case of land used for educational institutions
with attached independent playgrounds. Admissibility of FSI shall be as indicated in Regulations 35.

(b) Minimum area.- No such recreational space shall measure less than 125 sq.m.

(c) Minimum dimensions.-The minimum dimension of such recreational space shall not be less than
7.5m., and if the average width of such recreational space is less than 16.6 m, the length thereof shall not
exceed 2 1/2 times the average width.

(d) Access.-Every plot meant for a recreational open space shall have an independent means of access,
unless it is approachable directly from every building in the layout.

(e) Ownership.-The ownership of such recreational space shall vest, by provision in a deed of
conveyance, in all the property owners on account of whose holdings the recreational space is assigned.

(f) Tree growth.-Excepting for the area covered by the structures permissible under (g) below, the
recreational space shall be kept permanently open to the sky and accessible to all owners and occupants
as a garden or a playground etc. and trees shall be grown as under:-
(a) at the rate of 5 tree per 100 sq.m. or part thereof of the said recreational space to be grown within
the entire plot.

(b) at the rate of 1 tree per 80 sq. m. or part thereof to be grown in a plot for which a subdivision or
layout is not necessary.

(g) Structures/uses permitted in recreational open spaces- (I) In a recreational open spaces exceeding
400 sq.m. in area (in one piece), levated/underground water reservoirs, electric substations, pump
houses may be built and shall not utilise more than 10 per cent of the open space in which they are
located.

(2) In a recreational open space or playground of 1000 sq.m, or more in area (in one piece and in one
place), structures for pavilions, gymnasia, club houses and other structures for the purpose of sports
and recreation activities may be permitted with built-up area not exceeding 15 per cent the total
recreational open spaces in one place. The area of the plinth of such a structure shall be restricted to 10
per cent of the area of the total recreational open space .The height of any such structure which maybe
single storey shall not exceed 8m. A swimming pool may also be permitted in such a recreational open
space and shall be free of FSI. Structures for such sports and recreation activities shall conform to the
following requirements: –

(a) The ownership of such structures and other appurtenant users shall vest, by provision in a deed of
conveyance, in all the owners on account of whose cumulative holdings the recreational open space is
required to be kept as recreational open space or ground viz ‘R. G’, in the layout or sub-division of the
land.

(b) The proposal for construction of such structure should come as a proposal from the
owner/owners/society/societies or federation of societies without any profit motive and shall be meant
for the beneficial use of the owner/owners/members of such society/societies/federation of societies.

(c) Such structures shall not be used for any other purpose, except for recreational activities, for which a
security deposit as decided by the Commissioner will have to be paid to the Corporation.

(d) The remaining area of the recreational open space or playground shall be kept open to sky and
properly accessible to all members as a place of recreation, garden or a playground.

(e) The owner/owners/or society or societies or federation of the societies shall submit to the
Commissioner a registered undertaking agreeing to the conditions in (a) to (d) above.
(2) Open spaces in industrial plots/layout of industrial plots.- (a) In any industrial plot admeasuring 1000
sq.m. or more in area 10 per cent of the total area shall be provided as an amenity open space subject to
a maximum of 2500 sq.m. and

(i) such open space shall have proper means of access and shall be so located that it can be conveniently
utilised by the persons working in the industry;

(ii) the parking and loading and unloading spaces as required under these Regulations shall be clearly
shown on the plans;

(iii) such open spaces shall be kept permanently open to sky and accessible to all the owners and
occupants and trees shall grown therein at the rate of 5 trees for every 100 sq.m. of the said open space
to be grown within the entire plot or at the rate of 1 tree for every 80 sq.m. to be grown in a plot for
which a sub-division or layout is not necessary.

(b) In case of sub-division of land admeasuring 8000 sq.m. or more in area in an industrial zone, 5 per
cent of the total area in addition to 10 per cent in (a) above shall be reserved as amenity open space,
which shall also serve as general parking space. When the additional amenity open space exceeds 1500
sq.m. the excess area may be used for construction of buildings for banks, canteens, welfare centres,
offices, crèches and other common purposes considered necessary for industrial users as approved by
the Commissioner.

24. Minimum Widths of Pathways:- The approach to a building from a road/street/internal means of
access shall be through a paved pathway of width specified in Table 8 here-under, the length of
pathway being determined by the distance from the farthest plot or building to the internal road
proposed under Regulation 21 or to an existing road from which it takes off.

TABLE 8

WIDTHS OF PATHWAYS
Types of Development Length of pathway in meters Width in meters
(m)
(m)
(2)
(1) (3)

(i) High Density Housing Up to 50 3.00

Up to 40 2.5

Up to 30 2.0

Up to 20 1.5

(ii) A building of any other type Up to 20 1.5

25. Shopping Centres/Departmental Stores:- In layouts or sub-divisions of area in excess of 2 ha. in


residential and commercial zones, plots may be provided for shopping centres/departmental stores.
Such centre/stores may have an aggregate area upto 5 per cent of the area of the plot. The
conditions governing the layout of such a centre/store shall be as under:-

(i) The centre/store may be at one place or may be distributed within the layout to make it accessible
from the different parts of layout ;

(ii) These centre/stores shall not abut any roads more than 31 m. wide ;

(iii) Within a layout the centre/stores may be provided on the ground and upper floors or on the ground
floor and the upper floors may be used for residential purposes and conveniences like banks or places
for medical or dental practitioners.

(iv) Uses shall be as defined in clause (20) of sub-Regulations (3) of Regulations 2 Additional uses may
include:-

(a) Stores or shops for the conduct of retail business. There will, however, be no storage or sale of
combustible material except with the Commissioner’s permission;
(b) Personal services’ establishments only in the suburbs and extended suburbs;

(c) Hair dressing saloons and beauty parlours;

(d) Frozen food stores;

(e) Shoe shops, sports shops ,shoe repairs and shoe shining shops;

(f) Shops for the collection and distribution of clothes and other materials for cleaning, pressing and
dyeing establishments;

(g) Tailoring, embroidery and button-hole making shops, each not employing more than 9 persons;

(h) Cleaning and pressing establishments for clothes, each occupying floor area not more than 200 sq.m.
and not employing solvents with a flash point lower than 590C., machines with dry load capacity
exceeding 30 kg. and employing not more than 9 persons, with a total power requirements of not more
than 4 KW;

(i) Shops for goldsmiths, lock-smiths, watch and clock shops and their repairs, bicycle shops and their
rental and repairs, opticians shops and optical glass grinding and repairs shops, musical instruments
shops and their repairs, picture framing, radio, television and household appliance shops and their
repairs, umbrella shops and their repairs and upholstery work, each employing not more than 9 persons;

(j) Coffee selling shops and grinding establishments each with electric motive power not exceeding 0.75
K.W (0.025 KW) individual motor each;

(k) Restaurants, eating houses, cafeterias, icecream and milk bars each with area not exceeding 200
sq.m.

(l) Bakeries with no floor above, not occupying for production an area in excess of 75 sq.m. and not
employing more than 9 persons, if the power requirement does not exceed 4 KW., where only electrical
ovens are used and additional heating load upto 12 KW. permitted.

(m) Confectioneries and establishments for the preparation and sale of eatables not occupying for
production, an area in excess of 75 Sq.m. per establishment and not employing more than 9 persons or
motive power exceeding 1.12 KW., as well as sugarcane and fruit crushers, each not employing more
than 6 persons with motive power not exceeding 1.12 KW., in an area not more than 25 sq.m.;
(n) Vegetable, fruit , flower, frozen fish, frozen meat or frozen food shops.

(o) Photographic studios with laboratories, zeroxing, photocopying, video and videotaping
establishments, etc. and their laboratories, each with an area not exceeding 50 Sq.m, and not employing
more than 9 persons and not using power more than 3.75 KW;

(p) Data processing unit with use of computers;

(q) Travel agencies, ticket booking and selling for air, surface or water travel or transport or other modes
of travel or transport.

(r) Other uses permitted in the residential zone with shop line with permission of the Commissioner.

26. Electric Sub-Station:-

In every case of development/redevelopment of any land, building or premises, provision for electric
sub-stations may be permitted as under if the requirement for the same is considered necessary by the
concerned power supply authority;
Serial Plot Area (Sq.m.) Maximum requirements depending on land.

No.

1. Plot upto 500 Sq. Mt each One single transformer sub-station of the size of 5m
x 5m and height of not more than 5m.

2. Plots of 501 sq.m. to 1500 sq.m One single transformer sub-station of the size of 8
m. X5 m. and height of not more than 5 m.

3. Plots of 1501 sq. m. to 3000 sq.m. One or more transformer sub-station of the size of
12m.X5.5m. and height of not more than 5 m.

4. Plots of 3001 sq.m. upto 2 ha. Two numbers, single or two transformer sub-
stations or combination thereof of the size
stipulated in serial No.3 above.

5. Lay-out or sub-division of a plot A suitable site for an electric sub-station (11 KV/
measuring 2 ha. or more. 33KV / 110KV) as decided by the Commissioner.

Provided that the sub-station is constructed in such a manner that it is away from the main building at a
distance of at least 3 m. and in general does not affect the required side margin open spaces or
prescribed width or internal access or larger open space, or as may be decided by the Commissioner.

27. Additional Amenities and Facilities in lay-outs exceeding 2 ha.-

In any layout exceeding two hectares in area in residential and commercial zones, where the
development plan has not provided for amenities and services or facilities, or if provided they are
inadequate, 5 per cent of the total area shall be designated/reserved as amenity space for provision of
primary schools, sub-post offices, police posts, etc. as directed and approved by the Commissioner, and
such amenities or facilities shall be deemed to be designations or reservations in the development plan
thereafter.

28. Setback and Open Spaces within Building Plots:- When different open spaces/widths are
prescribed under these Regulations, the largest of them shall prevail except when specifically
provided otherwise. The general conditions governing open spaces shall be as under:-
(a) Building abutting more than one street:- When a building abuts two or more streets, the set-backs
from each of them shall be such as if the building were fronting each such street.

(b) Open spaces separate for each building or wing:- The open spaces required under these Regulations
shall be separate or distinct for each building and where a building has two or more wings, each wing
shall have separate or distinct open spaces as required under these Regulations;

Provided that if one of the wings does not depend for light and ventilation on the open space between
the two wings, the said open space shall be the one required for the higher wing.

(c) Open spaces to be provided for the full consumption of F.S.I:- The open spaces to be left at the sides
and rear shall relate to the height necessary to consume the full F.S.I. permissible for the occupancy in
the zone.

(d) Manner of computing front open space/setback where the street is to be widened:- If the building
plot abuts any road which is proposed to be widened under the Development Plan or because of the
prescription of regular lines of streets under the Mumbai Municipal Corporation Act, 1888, the front
open/space road-side set back shall be measured from the resulting road widening line or the centre line
of the widened road as the case may be. Where there is any conflict between the width provided in the
development plan and the width resulting from the prescription of a regular line of a street under the
Mumbai Municipal Corporation Act, 1888, the larger of the two shall prevail.

29. Open Space Requirement,-

Side and rear open space in relation to the height of the building for light and ventilation-

(1) Residential and Commercial Zones; (a) Building having length, depth upto 40 m:- The open spaces on
all sides except the front side of a building shall be of a width not less than a third of the height of that
building above the ground level, rounded to the nearest decimeter subject to a maximum of 20 m., the
minimum being 3.6 m. for a residential building and 4.5 m. for a commercial building.

(b) Building with Length/Depth Exceeding 40 m:- (a) If the length or depth of a building exceeds 40 m. an
additional width of 10 per cent of the dimension in excess of 40 m. shall be required on the side or rear
open space as the case may be :

Provided that no such increase in additional open space shall be necessary if (a) it is a front open margin
space, or (b) when only store rooms and stairways derive light and ventilation from the open space.
Provided further that-

(i) the open space for separation between any building and a single storeyed accessory building need not
exceed 1.5 m.

(ii) the minimum distance between any two ground floor structure in Public

Housing/ High Density Housing shall be 4.5 m. if habitable rooms derive light and

ventilation from the intervening space; if not, the distance may be reduced to 1.5 m.

(iii) except where the plot size is less than 2,500 sq.m. the marginal open space in a plot abutting the
amenity/recreational open space in the same lay-out shall not be less than 3m.;

(iv) where the amenity open space being accessible from all the layout plots does not have an exclusive
means of access, the rear marginal open space shall not be less than 3 m.

(c) Building existing on 1st January 1964 and those constructed thereafter:- (i) In respect of building
existing on 1st January 1964, upper floors, may be permitted with set-back at upper levels in the case of
new development to make up for deficiencies in the open space as required under these Regulations.

(ii) With the permission of the Commissioner, set-backs as in clause (i) above may be allowed for the
buildings constructed after 1st January 1964 to avail of additional FSI that may become available due to
road set-back, Transfer of Development Rights as in Appendix VII, FSI in lieu of staircase room/lift-wells
or any change in the Regulations where by additional FSI may become available.

(d) Set back at upper level:- The Commissioner may permit smaller set backs at upper levels and also
permit additional floor area upto a limit of 10 sq. m. over the permissible FSI to avoid structural
difficulties or hardship but so as not to affect adversely the light and ventilation of an adjoining building
or part thereof.

(e) Tower-like structures:- Notwithstanding any provision to the contrary, a tower-like structure may be
permitted only with 6 m. open space at the ground level and one-set back at the upper levels provided
that the total height does not exceed 24 m. If it exceeds 24 m, but does not exceed 37.5 m., the minimum
open space at ground level shall be 9 m. Beyond 37.5 m. the minimum open space at ground level shall
the 12 m. with two set-backs at upper levels. The terrace created by the set-back shall be accessible
through a common passage and /or common staircase only.
(f) Where a room does not derive light and ventilation from an exterior open space:- the width of the
exterior open space as given in these Regulations may be reduced to a minimum of 3.6 m. in respect of
residential building and 4.5 m. for a commercial building upto a height of 24 mt. For a building with
height of 24 m or more such exterior open space shall be minimum 6 m or more, subject to the
requirements of the Fire Brigade Authorities.

(g) The open spaces for the above purposes would be deemed to be sufficient, if their widths are not less
than one-fourth of each dimension of the site of the building and the percentage of the building area
does not exceed 25 per cent of the area of the site, when the least dimension of the site is not less than
that specified in the following table for different floor space indices.

Floor Space Index Least dimension of site in meters

(1) (2)

1.00 18

1.33 24

(2) Industrial Zone:-

(a) Buildings upto 4 storeys or 16 m. in height:- The minimum width of the open space around each
building shall be 4.5 m. in the island city and 6 m. elsewhere.

(b) Building more than 4 storeys or 16 m. in height:- The open space dimension prescribed in (a) above
shall be increased by at least 0.25m. for every 1 m. of height or fraction thereof, above 4 storeys or 16 m.

Provided that no such increase in open spaces is necessary, if (I) it is a front margin, or (ii) when only
store rooms and stairways derive light and ventilation from the open space.

(3) Provisions in marginal open spaces, if the height of the building is restricted:- (a)Notwithstanding the
provisions of sub-regulations (1) of this Regulation, the minimum open spaces in plots in residential and
commercial zones may be relaxed to the values quoted in Table 9 below, if the number of Storeys are
restricted to two.
TABLE 9

Provisions in Open Spaces for Plots in Residential and Commercial Zones


Serial No. Plot Area Type of Minimum open spaces
Development
(Sq. m.) (in meters)

(4)

(1) (2) (3) Front Rear Side

1. 21 and above, but less than 30 Row 0.75 1.5 …..

(ii)

2. 30 and above, but less than 40 Row 0.75 2.25 …..

(ii)

3. 40 and above, but less than 60 Row/Semi 1.00 2.25 1.0(i


detached )
(ii)

4. 60 and above, but less than 125 Row/Semi 1.5 3.0 1.0(i
detached )

5. 125 and above, but less than 250 Row/Semi 3.0 3.0 1.5(i
detached/ )

Detached

Explanation to Table 9:- (i) Such side open space will not be required for row housing a semi-detached
structure will have open spaces around the entire structure. Such side open space, shall not be reckoned
as the main source of light and ventilation for habitable rooms of the structure.

(ii) In plots less than 40 sq. m. in area, no front open space need be provided if the means of access
serving such plots is at least 3 m. in width.

(iii) A row housing scheme developed as a block shall not be more than 45 m. in length and the distance
separating two such blocks shall not be less than 1.5 m.

(iv) Where the amenity open space is accessible from all the lay-out plots and has no exclusive means of
access, the rear marginal open space in plots abutting such amenity open space shall not be less than 3
m.

(b) In case of redevelopment in Gaothan with the height restricted to 3 storey or maximum 10 mt. the
ground coverage of the structure shall not be more than 75% of the plot area and open spaces left at
side and rear shall be as to consume the FSI as permissible and not to affect adversely the light and
ventilation of adjoining buildings and to provide proper drainage facilities.

(4) Provisions in open spaces for plots in Reconstruction/Redevelopment Schemes under the
Maharashtra Housing and Area Development Authority Act, 1976:- (a) Notwithstanding the provisions
contained in sub-Regulations (1) of this Regulations, the side and rear marginal open spaces may be
reduced to 1.5 m., the distance between any two such buildings being not less than 1.5 m.

(5) Front Set-backs from the Street Line/Plot Boundary and set-backs from the zonal boundary in the
different zones shall be as in Table 10 hereunder.

TABLE 10

1. Front set-back from Street Line/Plot Boundary (in meters)


Serial Location of plot Residential Commercial Industrial

No. Zone Zone Zone

(1) (2) (3) (4) (5)

1. On express highways or roads 7.5 7.5 22.5


wider than 52 m

2. On roads wider than 21 m. other


than those in (1)

—island city
3.0 4.5 **
—elsewhere
6.0 6.0 **

3. Away from road-

–island city 4.5 4.5 4.5

–elsewhere 4.5 4.5 6.0

4. For plots in gaothans, in suburbs


and extended suburbs smaller than
250 sq.mtrs.

i) streets less than 6 m

ii)streets 6m and more and less


than 9m
Nil N.A
iii)streets 9m and more

1 N.A
1.5 N.A

5. On island city roads listed below*

4.5 4.5 N.A

6. Areas not listed above-

–island city 3.0 4.5 **

–elsewhere 4.5 4.5 **

** Refer to sub-Regulations (2) of this Regulations.

*Gopalrao Deshmukh Marg (Pedder Road), Bhulabhai Desai Road, Babasaheb Dahanukar Marg
(Carmichael Road), Salebhoy Karim Barodawalla Marg (Altamount Road), Gamadia Road (Walkeshwar
Road), Bal Gangadhar Kher Marg (Ridge Road), Laxmibai Jagmohandas Marg (Nepean Sea Road),
Nyayamurti Sitaram Patkar Marg (Hughes Road), Chowpatty Sea- Face Road, Lala Lajpatrai Marg
(Hornby Vellard), Dr. Annie Besant Road, Maulana Abdul Kalam Azad Road, Swatantrya Veer Sawarkar
Marg (Cadell Road), Senapati Bapat Marg, Dr. Ambedkar Road from Byculla Bridge to Sion Causeway,
Rafi Ahmed Kidwai Road.

With the approval of the Corporation, the Commissioner may add, alter or amend this list of roads.

1. Front Set-back from Street Centre Lines (in meters)


Serial Location of plot Residential Commercial Industrial

No. Zone Zone Zone

(1) (2) (3) (4) (5)

1. On minor streets*

–island city 7.5 7.5 10.5

–elsewhere 9.0 9.0 12.0

2. In case of identified Streets In 2.25 Not Not


gaothans in
Applicable Applicable
the suburbs/extended

suburbs

3. Areas not listed above

-island city 10.5 10.5 10.5

-elsewhere 10.5 10.5 12.0

* A minor street is one less than 12 m. wide.

1. Set-back from Zonal Boundary in Industrial Zones (in meters)


Serial Location of Plots Type of building Set-back in

No. Zones (m)

(1) (2) (3) (4)

1. Island city Industrial building I-1:6m.

I-2:9m.

I-3:9m.

2. Island city Residential building, if permitted, due I-1:6m


to conversion of zone.
I-2:9m.

I-3:9m.

3. Island City Other permissible non-industrial user (i)4.5m upto 4


if permitted in industrial zone. storeys or 16

m. in height

(ii) For heights more


than 16 m., 4.5 plus
0.25m. for every
meter or part
thereof

4. Suburbs, Industrial Building-

extended suburbs and new (a)If zone boundary coincides I-1:6m.


reclamation areas at
Wadala Salt Pans. with the boundary of permanent open I-2:10.5m.
space such as R.G., P.G. etc.
(b)Otherwise I-3:22.5m.

I-1: 10 m

I-2: 22.5 m

I-3: 52.5m

5. — Do.— Residential building if permitted due I-2:15m.


to conversion of zone.
I-3:22m.

:52m. (For
obnoxious or

hazardous
industries adjacent
to residential

development.)

6. — Do.— Other non-industrial users permitted. (i) 6m. upto 4


storeys or 16m. in
height.

(ii) For height more


than 16

m., 6m plus 0.25m.


for every meter or
part thereof.
Explanation to Table C – (i) The minimum segregating distance between different zone shall be
the distance as measured from the opposite edge of the road (existing or proposed) in which the zone
happens to abut.

(ii) In the case of residential development and other non-industrial development permitted in the
industrial zone the area within the segregating distance as provided in the Table 10-C shall be planted
with tress at the rate of not less than 5 per 100 sq.m.of such area.

(6) Open spaces for various types of buildings.- (a) Educational buildings, hospitals, mental hospitals,
maternity homes, house of correction, assembly buildings, mangal karyalaya, markets, stadia, petrol
filling and service stations ;

A minimum space 6 m. wide shall be left open on all sides from the boundaries of the plot.

(b) Cinemas/theatres :-

(i) Front open space.- A minimum space 12 m. wide from the road or 37 m. from the centre of National
Highway/State Highway/Major District road, whichever is more is required.

(ii) Side and rear open space.- Subject to the provisions of sub-Regulations (8) of Regulations 52, the side
and rear marginal distances to be left open shall not be less than 6 m. wide.

(c) For multi-storeyed, high rise and special buildings, the provisions as stipulated in Regulation No.
43(1) shall apply.

(7) Provisions regarding relaxation in open spaces in narrow plots.-(a) Narrow plots in residential and
commercial zones. viz those less than 15 m. wide or deep will be permitted the relaxation shown in
column 3 of Table 11 hereunder subject to the restrictions in column 4 thereof.

TABLE 11

Open Space Relaxation in Narrow plots in Residential and Commercial Zones.


Serial Plot Size/dimension Relaxation Restriction on building

No.

(1) (2) (3) (4)

1. Depth less than 15 m. Rear open space may be No room except store-room
reduced to 3 m. and staircase derives light and
ventilation from reduced open
space.

2. Width less than 15 m. but Side open space may be No romm except store-room
more than 11.5 m. reduced to 3m. and staircase derives light and
ventilation from reduced open
space.

3. Depth less than 11.5 m. but Front open space may be (i) Depth of the building not to
more than 9 m. reduced to 3m. and rear exceed 5.5 m.
open space reduced to
1.8 m. (ii) Height not to exceed, 3
storeys or 10 m.

4. Width less than 11.5 m. but One side open space (i) Width of the building not to
more than 9 m. may be reduced to 3 m. exceed 5.5 m.
and the other side open
space may be reduced to
1.8 m.

(ii) Height not to exceed, 3


storeys or 10 m.

5. Depth or width less than Semi-detached structure (i) Depth of the building not to
11.5 m. on additional plots with exceed 5.5 m.
open spaces as at Sr.Nos.
3 or 4 above.
(ii) Height not to exceed 3
storeys or 10 m.

6. Depth or width less than 9 m. Open space may be Only ground floor structure.
reduced to 1.5 m. all
around.

Explanation to Table II.- (i) No dimension of any building in a narrow plot shall exceed 30 m.:

(ii) The relaxation in Table 11 shall not apply to any narrow plot where in reconstruction/redevelopment
scheme under the Maharashtra Housing and Area Development Authority Act, 1976 is undertaken. In
the case of such a plot, the Regulations in Appendix III shall apply.

(iii) In areas when the majority of the plots is less than 11.5 meters in width or depth, the Commissioner
may prescribe building lines in which row houses would be permissible.

(b) Narrow plots in industrial zones, viz. those having one dimensions smaller than 16 m. will be allowed
the relaxation subject to the restrictions in Table 12 hereunder.

TABLE 12

Open space Relaxation in Narrow Plots in Industrial Zones


Sr.No. Relaxation granted in Width Depth Width Depth Width Depth
or condition imposed less less than between between betwee between
on than 10.5 10.5m. 10.5m n 12m. 12m.
10.5 upto 12m. upto upto upto
m. 12m 18m. 18m.
m.

(5)
(6) (7) (8)

(2) (4)
(3)
(1)

1. Open Space Side Rear (i) May be May be One Rear


open open reduced reduced side open
space space on one at the open space
may be may be side to rear to space may be
reduced reduced 4.5m. not less may be reduced
to 1.8m. to 1.8m. than reduced to 1.8m.
(ii) The 1.8m. to 1.8m.
other side
may be
reduced
to 1.8m.

2. Building dimensions
etc.-

(i) Maximum width

6m. 30m. 6m. 30m. 6m. 30m.

(ii) Maximum depth


30m. 6m 30m 6m. 30m. 6m.

(iii) Maximum height

4.5m. 4.5m. 8m. 8m. 8m. 8m.

(iv) No of storeys One One Two Two Two Two

(v) Walls Dead Dead Dead wall Dead Dead Dead


walls 40 wall 40 40 cm. wall 40 wall 40 wall 40
cm. cm. Thick thick cm. thick cm. cm. thick
on the facing the facing thick facing
Thick on rear side. reduced the rear facing the rear
both open side. the side.
sides space, as reduced
in Serial open
No.(i) space.

(ii) above
of this
column.

(8) Additional restriction on construction/reconstruction.-

(i). Distance from electricity lines.- No verandah, balcony or the like shall be constructed/reconstructed
or any additions or alterations shall be made to a building on a site within the distance stated below
from any overhead electric supply line :-
Vertically Horizontally

(a) Low and medium voltage lines and service lines 2.5 m 1.2 m

(b) High voltage lines upto and including 33,000 V 3.7 m 2.0 m

(c) Extra High voltage beyond 33,000 V 3.7 m 2.0 m

(Plus 0.3 m for (Plus 0.3 m for


every additional every 33,000 V or
33,000 V or part part thereof)
thereof)

Explanation:- The minimum clearance above shall be measured from the maximum sag for vertical
clearance and maximum deflection due to wind pressure for horizontal clearance.

(ii) Building sites abutting railway track boundary.- Subject to the requirements of set-backs from roads
and side and rear marginal open spaces under the relevant Regulations, no new construction of a
building or reconstruction of an existing building shall be allowed within a distance of half the height of
the said building from the railway track boundary, and in any case at least 3 m. away from such
boundary.

Building sites situated within 30 mt. from Railway Boundary: No Objection Certificate from the
concerned railway shall be insisted before granting permission for the building plans between the
railway boundary and the distance of 30 mt. from it. The development of such plot shall be carried out as
per terms and conditions stipulated by the Railway Authority.

(9) Interior open spaces (chowks):- (a) Inner chowk.- Unless it abuts on a front rear, or side open space,
the whole of one side of every room other than a habitable room shall abut on an interior open space,
courtyard or chowk, whose minimum width shall be 3 m. Such interior space, courtyard or chowk shall
be accessible at least on one side at ground floor level through a common passage or space. Further, the
inner chowk shall have an area at all its levels of not less than the square of one fifth of the height of the
highest wall abutting the chowk :
Provided that when any room (excluding the stairway bay, the bathrooms and water closet) depends for
its light and ventilation on an inner chowk, the dimension shall be such as is required for each wing of
the building.

(b) Outer chowk.- The minimum width of an outer chowk (as distinguished from its depth) shall be 2.4 m.
but if the depth exceeds the width, the open space between the wings shall be regulated by clause (b) of
sub-Regulation (i) of this Regulations, when any habitable room depends on light and ventilation on such
outer chowk. A recess less than 2.4 m. wide shall be treated as a notch and not as a chowk.

(10) Open spaces to be unencumbered.- Every open space whether interior or exterior shall be kept free
from any erection thereon and shall remain open to the sky except the feature covered by the next
Regulations.

30. Features permitted in open spaces:-

Certain features may be permitted in the prescribed open spaces as enumerated below:-

(i) Permitted in the side or rear marginal open spaces :-

(a) Where the facilities in an existing building are inadequate, a sanitary block (i) not exceeding 3 m. in
height and 4 sq. m. in carpet area. (ii) at least 7.5 m. from the road line or the front boundary and 1.5 m.
from other boundaries and (iii) at least 1.5 m. away from the main building.

(b) Covered parking spaces at least 7.5 m. away from any access road, subject to Regulation no. 36 (5)(d)

(c) Suction tank, pump room, electric meter room or sub-station, garbage shaft, space required for fire
hydrants, electrical and water fittings, water tank, dust-bin, etc.

(ii) Other features permitted in open space :-

(a) A rockery, well and well structures, plant nursery, water pool, or fountain swimming pool (if
uncovered and only beyond the required open space as required under these Regulations), platform
around a tree, tank, bench, gate, slide, swing, ramp, compound wall;

(b) A cantilevered and unenclosed canopy over common entrance and each common staircase not more
than 5.5 m long and at least 2.2 m. above ground level with level difference of 0.3 m. in relation to the
floor level. The outer edge of the canopy shall be at least 1.5 m. from the plot boundary. The
Commissioner may permit canopies of larger size in public, multistoreyed or high rise or special
buildings.

(c) An unenclosed porch open on three sides, not more than 5.5 m. in length parallel to the main building
in front of common entrance only and except rear open space with level difference of 0.3 m. in relation
to the floor level. No part of such porch shall be less than 1.5 m. from the plot boundary.

(d) A balcony for a residential building constructed in conformity with sub-Regulations (22) of
Regulations 38, if it does not reduce the width or the clear required marginal open space to less than 3
m. at the rear and sides and 1.5 m. in front. The width of a balcony will be measured perpendicular to the
building line and reckoned from that line to the balcony’s outer-most edge.

(e)(i) A chajja, cornice, weather shade, sun-breaker; at lintel level only projecting not more than 1.2 m.
from the face of the building. No chajja, cornice, weather shade, sun-breaker etc. shall reduce the width
of the required open space to less than 2.5 m. Further Chajja, Cornice, Weather Shade, sun breaker or
other ornamental projections etc. shall be permissible upto 0.3 mt. in Gaothan area for the plots adm.
upto 250 sq.mts. However in case of redevelopment of cessed building, where marginal distances are
less, chajja projection maximum up to 0.45 m. may be allowed.

(e)(ii) The ornamental projection, flower beds etc. projecting not more than 1.2 m. from the face of the
building. No ornamental projection, flower beds etc. shall be permissible, which will reduce the width of
the required open space to less than 2.5 m.

(f)(i) A chajja, cornice, weather shade, sun-breaker over a balcony or gallery, its projection not exceeding
0.75 mt from the balcony or gallery face with a level difference of 0.3 m. in relation to the floor level.
However in case of redevelopment of cessed building, where marginal distances are less, chajja
projection maximum up to 0.45 m. may be allowed.

(f)(ii) The Ornamental projection, flower bed etc. over a balcony or gallery, its projection not exceeding
0.75 mt. from the balcony or gallery .

(g) Watchman’s booth not over 3 sq. m. in area.

31. Heights of Buildings:-

(1) Height vis-à-vis the road width.- The height of a building shall not exceed one and half times the total
of the width of the street on which it abuts and the required front open space. The restrictions of height
of the building spelt out in Regulations No. 31(1) shall however, cease to apply in case where the plot
fronts on road having width more than 18.00 mtrs and where front marginal open space of 12 mtrs.
minimum is observed, provided that open spaces as on other sides are made available as required from
the fire safety point of view. For this purpose, the width of the street, may be the prescribed width of
the street ,provided height of the building does not exceed twice the sum of the width of the existing
street and the width of the prescribed and required open space between the existing street and the
building. The latter width shall be calculated by dividing the area of land between the street and the
building by the length of the front face of the building.

Explanation:- (i) “Prescribed width” here means the width prescribed in the development plan or the
width resulting from the prescription of a regular line of the street under the Mumbai Municipal
Corporation Act, 1888, whichever is larger.

(ii) If a building abuts two or more streets of different widths, it shall be deemed for the purpose of this
Regulations to abut the wider street; the height of the building shall be regulated by width of that street
and may be continued to this height to a depth of 24 m. along the narrower street, subject to conformity
with Regulations 28.

Provided however, that restrictions on height spelt out in this Regulations shall not be applicable for
reconstruction and redevelopment of old buildings undertaken under Regulations 33(7), 33(8), and
33(9) of these Regulations, which are not affected by Coastal Regulations Zone Notification dated 19th
February 1991, issued by the Ministry of Environment and Forests, Government of India, and orders
issued from time to time.

Provided however that restrictions on height spelt out in this regulation shall notbe applicable for
construction of buildings undertaken under Regulation 33(10) and 33(14) of these regulations for
implementation of Slum Rehabilitation scheme.

(2) Buildings intended for hazardous godowns, storage of inflammable materials or storage of explosives
shall be single-storeyed structures only.

(3) The height and character of an industrial chimney in the area for which clearance of the Civil
Aviation Authorities is required under these Regulations shall be prescribed by the Civil Aviation
Authorities.

(4) Additional height and other restrictions in certain areas:-


(a) In areas around the Nehru Centre.- Notwithstanding anything contained in these Regulations, the
height of any building proposed for erection, re-erection or development in the area surrounding the
Nehru Centre Complex bounded on the South and East by Keshavrao Khadye Marg (Clerk Road), from
the east side of Haji Ali Junction, on the north-east by Dr. E. Moses Road (extended to the north-east of
the Race Course) (upto the east side of Dr. Annie Besant Road meeting its junction upto Haji Ali); shall
not exceed a height of 18.3 m. above the average surrounding ground level. Provided however that,
restrictions on height spelt out in this Regulation in areas around the Nehru Centre building shall not be
applicable for the buildings to be constructed for implementation of slum Rehabilitation Scheme under
Regulations No.33 (10) & 33 (14) of these Regulations. However the height of buildings so constructed
shall always be less by 6 metres than the height of existing Nehru Centre Building.

(b) Preserving the view from the Phirozshah Mehta Garden. Notwithstanding anything contained in
these Regulations, to preserve the western view from the Phirozshah Mehta Garden on Malabar Hill,
two funnels of visions have been marked on the sheet pertaining to Part II of the ‘D’ Ward Development
Plan. No development will be permitted in the inner funnel of vision, and a building within the outer
funnel of vision shall not be erected or raised above Reduced Level 75.44; with reference to Town Hall
Datum.

(c) Preserving the eastern and southern view of the Backbay Area, Marine Drive:- Notwithstanding
anything contained in these Regulations, to preserve the eastern and southern view of the Backbay and
the Marine Drive area from Kamla Nehru Park on Malabar Hill, a funnel of vision has been marked on
the sheet pertaining to Part II of the ‘D’ Ward Development Plan. No building shall in this funnel of
vision be raised or erected to the height of more than 21.35 m. or such lesser height as the
Commissioner may prescribe which would include the terrace, staircase or lift room, elevated water
storage tank or any other building feature

Provided that the Commissioner may, with the prior approval of the Government, permit a building
more than 21.35 m. high, after due consideration of the contours of the area, surrounding developments
and plot location, the objective being not to obstruct the view within the funnel of vision.

(d) The Commissioner may, for reasons to be recorded in writing, prescribe for any building or structure
a maximum height, which may be less than that permissible otherwise under these Regulations.

(e) The height restriction as in clauses (b) and (c) above will apply only to a plot falling entirely within the
lines of the funnel of vision as marked on the development plan.
(f) Height restrictions in the vicinity of aerodromes.-(I) For structure, installations or buildings in the
vicinity of aerodromes, the height shall be as shown in Table 13 hereunder or such greater height as may
be permitted by the Civil Aviation Authorities.

TABLE 13

Building Height Restrictions in the Vicinity of Aerodromes


Serial Distance of Building, Structures or installations, measured Permissible height of
No. horizontally, from aerodrome reference point structure or
installation/buildings
above mean sea level.

International civil Other Civil airports and aerodromes


airports and their
alternate

(3)

(1) (2) (4)

1. Between 8535 m. and 22000 m. Between 7925 m. 152 m.


and 22,000 m.

2. Between 7315 m. and 8535 m. Between 6706 m. 122 m.


and 7925 m.

3. Between 6096 m. and 7315 m. Between 5486 m. 91 m.


and 6706 m.

4. Between 4877 m. and 6096 m. Between 4267 m. 61 m.


and

5486 m.

5. Between 4267 m. and 4877 m. Between 3658 m. 45 m.*


and 4267 m.

6. Between 3658 m. and 4267 m. Between 3048 m. 36 m.*


and

3658 m.

7. Between 3048 m. and 3658 m. Between 2438 m. 24 m.*


and
3048 m.

8. Between 2438 and 3048m. Between 1829 m. 12 m.*


and 2438 m.

9. Less than 2438 m Less than 1829 m Nil except with the
concurrence of the civil
Aviation Authorities.

Note:-* Height limits shall be applicable for tree heights.

Explanations:-

(i) Irrespective of their distance from the aerodrome, even beyond the 22 km. limit from the aerodrome
reference point, no radio masts or similar installation exceeding 152 m. in height shall be erected
without the permission of the Civil Aviation Authorities.

(ii) The location of a slaughter house/abattoir/butcher house or other areas for activities like depositing
of garbage which may encourage the collection of high flying birds, like eagle and hawks, shall not be
permitted within 10 km. from the aerodrome reference point.

(iii) Within a 5 km. radius of the aerodrome reference point, every structure/installation/building shall
be so designed as to meet the pigeon/bird proofing requirements of the Civil Aviation Authorities. Such
requirements may stipulate the prohibition of any cavity, niche, or other opening on the exterior of such
building/installation/structure so as to prevent the nesting and habitation of pigeons or other birds.

(g) Other restrictions in height.- For the purpose of operational requirement of buildings structure or
installations or for the purpose of telecommunications or other forms of communications of the
Departments of the Government of India or the State Government or public sector undertakings, the
Commissioner may for reasons to be recorded in writing, restrict the height of any building in the
vicinity of such buildings, structures or installation, and may also permit the prescribed heights to be
exceeded for such buildings, structures or installations themselves or for any other statutory
communication requirement.
(5) Structures not relevant to height.- The following appurtenant structures shall not be included in
reckoning the height of a building except while considering the requirement of Civil Aviation Authorities
and other statutory communications requirements :-

Roof tanks and their supports, ventilation/air-conditioning shafts, lift-rooms and similar service
equipment, stair covers, chimneys and parapet walls, architectural features not exceeding 1.5 m. in
height, television antenna, booster antenna, I.T. Equipment and wireless transmitting and receiving
towers.

32. Floor Space Indices and Tenement Density:-

The Maximum Permissible Floor Space indices and tenement densities for various occupancies and
locations and for various use zones are given in Table 14 hereunder.

TABLE 14

Floor Space Indices in Residential, Commercial and Industrial Zones


Tenement Density per net

hectare

Occupancy and Floor Space Index Maximum Minimum


location (applicable
(F.S.I.)
only to plots of 1
ha. and above and
subdivided

plots each of

1 ha. and above


from larger
layouts or sub-
division)

(1) (2) (3) (4)

(1) Residential Zone


(R-1) and
Residential

Zone with Shop


Line (R-2).

(A) Island City 1.33 600 267

(B) Suburbs and


Extended
Suburbs:-
(i) The area 0.75 350 150
earmarked for
BARC from M
Ward and the
areas comprised in
N Ward bounded
on the west by the
Eastern Express
Highway, on the
north

by the northern
boundary of the N
ward, on the east
by the Thane
creek and on the
south by the
southern
boundary of

N ward.

(ii) (ii) Areas of the 0.5 225 100


village of Akse,
Marve and CRZ
affected areas of
Erangal in the
P/North Ward and
Gorai and Manori
in the R Ward
excepting gaothan
proper.

(iii) The remaining 1.00 450 200


area in Suburbs
and Extended
Suburbs including
gaothans.

Provided that FSI


may be permitted
to exceed upto
1.33 subject to
following
conditions:-

(1) Additional 0.33


FSI is optional and
non-transferable.
It is to be granted
as on application
and to be used on
the same plot.

(2) The total


maximum
permissible FSI,
with 1.33 FSI,
Road FSI and TDR
shall be restricted
to 2.00.

(3) As per concept


of TDR,

additional FSI shall


be permissible on
gross plot area.

(4) Additional FSI


available as per
Regulation 33,
shall be related to
basic FSI of 1.00
only.

(5) Premium shall


be charged for
additional 0.33
FSI, as per the
rates mentioned
in Annexure.
However, the
Govt. may revise
these rates from
time to time.

(6) Premium shall


be shared

between the State


Govt. and

MCGM on 50:50
basis. The

MCGM shall
utilise the
premium through
Escrow Account
for
implementation of
Development Plan
and infrastructure.
However, Govt.
shall have right to
change this ratio,
depending upon
the need for
providing funds
from Govt. for
infrastructure
projects in
Mumbai.

(7) In Mumbai
Suburban District,
construction upto
1.00 additional FSI
is permissible
through use of
TDR, 0.33 FSI
being optional and
part of overall
ceiling of use of
1.00 TDR, any
disclosure made
for use of TDR /
FSI, while making
agreements with
purchasers under
MOFA Act, shall
be held valid for
use of 0.33 FSI.

(8) No vertical
extension of
existing building
by utilizing 0.33
FSI shall be
permitted with
erection of
columns in the
required marginal
open space.
(9) Tenement
density shall be

relatively
increased as per
the

increase in FSI
above 1.00.

(10) 0.33
additional FSI shall
not be permitted
in Bandra-Kurla
complex, SRA
Schemes under
Regulation 33(10),
CRZ areas and the
matters which are
sub-judice.

(11) As per the


provisions of

Appendix VIIB
under DCR

33(10) and 33(14),


the extent of slum
TDR shall be at
least 20% of total
permissible
additional FSI (in
any combination
of additional FSI
and TDR).
(12) The
relaxation of
premium i.e. 10%
of normal
premium shall be
charged while
condoning
deficiencies in
open spaces (as
applicable for use
of slum TDR).

(13) Additional
0.33 FSI shall not
be applicable for
industrial user.

(2) Local Commercial


Zones (C-1) and
District
Commercial Zones
(C-2) :-

(A) Island City FSI as in the


residential zone.

(B) Suburbs and FSI as in the


Extended Suburbs residential zone. In

the ‘M’ Ward if any

building in the
Local

Commercial Zone
(C-1) or District
Commercial Zone
(C-2) is intended
for a purely
commercial

user non-
residential in
character, FSI of
1.00

would be
permissible.

(3) Service Industrial


Zone (I-I)

General Industrial
Zone (I-2)

Special Industrial
Zone (I-3)

(a) For users 1.00 ……. ……..


permissible in the
zone in the Island
City and in
Suburbs and
Extended

Suburbs :

(b) Textile Mills – 1.00 ……. ………

Island City and


Suburbs and
Extended Suburbs.
In the case of
reconstruction,

modernization or
renovation, where
a textile activity is
to be continued,
the FSI shall not
exceed 1.33 in the
Island City and
1.00 in the
Suburbs and
Extended Suburbs:

(4) Truck Terminal, 1.00 …….. ……….


Wadala:

(5) For Storage


Buildings
(Warehouses and
Godowns) :

Island City and 0.5 or volume to


Suburbs and
Extended Suburbs. plot area ratio of

4 m. whichever is
less

(6) Educational
Buildings, Medical
Institutions and
Institutional
Buildings-

(a) Island City : 1.33


(b) Suburbs and 1.00
Extended Suburbs

(7) Government and


Semi Government
offices in

(a) Island City : 1.33

(b) Suburbs and 1.00


Extended Suburbs

Notes:-

(i) In sites allocated for Public Housing/High Density Housing (PH/HDH) no maximum tenement density
is prescribed, but the minimum density will be 325 per net hectare for FSI of 1.00. However, in zones in
which the FSI is less or more than 1.00 the minimum density of PH/HDH sites will be reduced or
increased in proportion to the FSI permissible.

(ii) On Government lands and on lands in possession of residential co-operative housing societies on
31st December 1983 which are allocated for Public Housing in the development plan, the condition in
Note (i) above shall not apply and the lands may be allowed to be developed for residential purposes
under these Regulations, either by Government or by co-operative Housing Societies to which such land
is allotted or who were in possession of the lands as aforesaid.

(iii) In Public Housing/High Density Housing, for which minimum density is prescribed as in Note (i)
above, in the case of lay-outs developed by public agencies, the FSI calculation shall be made on the plot
area of the entire lay-out, and any unutilised FSI on plots less than 60 sq.m. areas may be used in the
remaining plots within the same layouts. Compliance with minimum density requirements will be
ensured in the same manner.

(iv) For housing schemes approved by the Government under sections 20 and 21 of the Urban land
(Ceiling and Regulations) Act, 1976, the tenement density etc, shall be that permissible according to the
Regulations in Appendix V herein or as may be prescribed from time to time.

(v) For Educational Institution & Medical Institutions, which have been certified by ISO, built-up space
equivalent to FSI to the extent of 0.30 out of FSI 1.00 in suburbs and extended suburbs, and FSI to the
extent of 0.40 out of FSI 1.33 in Island City shall be allowed to be used for Commercial user subject to
following conditions:-

(1) Commercial use to be allowed shall be for Banking, Financial institutions and Commercial offices.
Out of permissible commercial user minimum 0.10 FSI shall be permissible for ancillary use to principal
use of educations/medical institutions.

In relation with Medical Institutions, ancillary use may be as follows:-

” Chemist Shop, Bookstall, Fruit Stall, Florist Stall, Diagnostic Centre, Medical Research Centre Office,
Medicare Insurance Office & Bank with ATM Centre”

In relation with Educational Institutions, ancillary use may be as follows-

“Sports shop, Education Stationary shop, Uniform/Tailor shop & Bank with ATM

Centre”

(2) It shall be applicable only to the plots fronting on road having minimum width of 18.30 mt.

(vi) For Institutional users, which have been certified by ISO, builtup space equivalent to FSI to the
extent of 0.30 out of FSI 1.00 in suburbs and extended suburbs, and FSI to the extent of 0.40 out of FSI
1.33 in island City shall be allowed to be used for Commercial user subject to following conditions :-

(a) Commercial use to be allowed should be ancillary to the principal use of institution.

(b) It shall be applicable only to the plots fronting on road having minimum

width of 18.30 mt.

[Annexure]

Premium rates for additional 0.33 FSI.


Sr. No. Land rates / sq.mt. as Illustrative list of area covered Proposed premium
under these rates (Not all the
per Ready Reckoner areas) rates / sq.mt.

2008.

1. Upto Rs.7000/- sq.mt. Manori, Goral, Turbhe, 70% of land rate.

Mankhurd.

2. Rs.7001-10,000/- sq.mt. Madh, Aarey, Dindoshi (pt), Rs. 4900/- + 30% of


Erangal, Akse, Marve, Mahul, R/R rates exceeding
Chembur(pt), Deonar. Rs.7000/- sq.mt.

3. Rs.10,001-15,000/- sq.mt. Gorai (pt), Pahadi, Rs.5800/- + 30% of


R/R rates exceeding
Eksar(pt), Malad, Malwani (pt), Rs.10,000/- sq.mt.
Kurar(pt), Borivali(pt), Dahisar(pt),
Anik(pt),

Ghatkopar(pt).

4. Rs.15,001-20,000/- sq.mt. Chakala(pt), Vileparle(pt), Rs.7300/- + 30% of


Kandivali(pt), Oshivara(pt), Kurla R/R rates exceeding
(pt), Mulund (E)(pt). Rs.15,000/- sq.mt.
5. Rs.20001-25000/- sq.mt. Bandra (E), (pt) Rs.8800/- + 30% of
R/R rates exceeding

Rs.20,000/- sq.mt.

6. Rs.25,001- 35,000/- sq.mt. Bandra (E)(pt) Rs. 10,300/- +30%

of R/R rates

exceeding

Rs.25,000/- sq.mt.

7. Rs.35,001-50,000/- sq.mt. Bandra (E)(pt) Rs. 13,300/- +20%

of R/R rates

exceeding

Rs.35,000/- sq.mt.

8. Rs.50,001-70,000/- sq.mt. Bandra (E)(pt) Rs. 16,300/- +20%

of R/R rates

exceeding

Rs.50,000/- sq.mt.

9. Rs.70,001-1,00,000/- sq.mtr. Bandra (E)(pt) Rs. 20,300/- +10%

of R/R rates

exceeding
Rs.70,000/- sq.mt.

10. Above Rs. 1,00,000/- sq.mt. Bandra (E)(pt) Rs. 23,300/- +10%

of R/R rates

exceeding

Rs.1,00,000/- sq.mt.

33. Additional Floor Space Index which may be allowed to certain categories:-

(1) Road widening and Construction of new Roads:- The Commissioner may permit additional FSI on
100 per cent of the area required for road widening or for construction of new roads proposed under
the development plan or those proposed under the Mumbai Municipal Corporation Act, 1888, excluding
areas of internal means of access, if the owner (including the lessee) of such land surrenders such land
for road widening or new road construction without claiming any compensation in lieu thereof and
hands over the same to the Corporation free of encumbrances and after the owner or lessee has leveled
the land to the surrounding ground level and after he has constructed 1.5 mt. high compound wall
leaving the setback area ( or at a height stipulated by the commissioner)with a gate at the cost of the
owner, and to the satisfaction of the Commissioner.

When an owner or lessee or Power of Attorney holder / Authority holder also develops or constructs
the road on the surrendered land at his cost subject to such stipulations as may be prescribed by the
Commissioner to his satisfaction, and hands over the said developed /constructed road to the
Commissioner free of cost, he may be granted by the Commissioner additional FSI equal to 25% of the
area of this construction/development done by him ( This modification will not apply in cases where
road FSI is utilized and also full occupation certificate is granted.)

Such 100 per cent F. S. I. on land so surrendered to the Corporation and/or FSI towards road area
constructed, will be utilizable on the reminder of the land up to a limit of 40 per cent in respect of plot
situated in Mumbai City and 80 per cent in respect of plots situated in the suburbs and extended
suburbs of the area of the plot remaining after such surrender and the balance F.S.I. remaining
thereafter shall be allowed to be utilized as a Development Right in accordance with regulations
governing Transfer of Development Rights (TDRs) in Appendix VII, or the full FSI of land surrendered to
the Corporation may be allowed to be used as a Development Right in accordance with the Regulations
governing Transfer of Development Rights (TDRs) in Appendix VII. Thereafter the road land shall be
transferred in the City survey records in the name of the Corporation and shall vest it in becoming part
of a public street as defined in sub-section (3) of section 288 of the Mumbai Municipal Corporation Act,
1888.

(2) Building of Educational and Medical Institutions and Institutional Buildings:- The Commissioner may
permit the floor space indices specified in Table 14 above to be exceeded in respect of buildings in
independent plots of educational, and medical institutions and institutional buildings of Government or
public authorities or of registered public charitable trusts or of Medical Institutions run on cooperative
basis established for charitable purposes and registered under the Provisions of Income Tax Act or
Maharashtra Cooperative Societies Act by 100 per cent in the wards of the Island City and the suburbs
or extended suburbs subject to any terms and conditions he may specify:

Provided that in the case of additional floor space index allowed in respect of education and medical
institutions and institutional buildings as aforesaid, premium, if any, as may be determined by
Government shall be paid to the Government out of which 50 per cent shall be payable to the
Corporation.

Provided further that, with the previous approval of Government, the FSI in Table No. 14 for buildings of
Medical Institutions on independent plots may be permitted to be further exceeded by a maximum of
200% over and above the additional FSI permitted as aforesaid. The further additional FSI thus granted
shall be subject to the terms and conditions enumerated below;

Terms and Conditions:-

(a) Out of the total additional FSI of 300% allowed, 50% may be availed by utilizing Transferable
Development Rights (without payment of premium) except in the Island City, provided that the
utilization of such TDR will be allowed only after availing of the remaining additional FSI.

(b) Such additional FSI (except the TDR Component) will be permissible subject to the payment of
premium to Government as may be decided by Government, out of which 50% shall be payable to the
Corporation.

(c) The additional built-up area over and above the permissible FSI shall be utilized for bonafide medical
purposes only.
(d) Free medical treatment to the extent of at least 20% of the total number of beds shall be given to
persons from economically weaker sections of society or to persons below the poverty line. In addition,
10% of the total number of patients in OPD shall be provided treatment at concessional rates, viz. rates
that are being charged in Government Hospitals.

(e) The Director of Health Services, Government of Maharashtra shall be the competent authority to
monitor as to whether the Medical Institutions is observing the terms and conditions referred to at (c) &
(d) above and, in case of any breach thereof or in case the medical services being rendered by the
Medical Institution are not to the satisfaction of the Director of Health Services, the Director of Health
Services shall have the right to suitably penalise the Medical Institution.

(f) The Medical Institution shall maintain records regarding free/ concessional medical treatment
rendered to the needy persons, which shall be made available to the Director of Health Services on
demand.

(g) The trustees of Medical Institution shall furnish the requisite periodical statements to the Director
of Health Services in regard to (c) & (d) above.

(h) A building for a Medical Institution containing mixed users(area under non-medical users not
exceeding 10% of the permissible built-up area as per Table No. 14 ) shall also be eligible for further
additional FSI to be considered on the entire plot area.

(i) The Medical Institution shall file an undertaking that it shall abide by the above enumerated terms
and conditions.

Provided further that, with the previous approval of Government, the FSI in Table No. 14 for buildings in
independent plots of educational institutions may be permitted to be further exceeded by a maximum of
200% over and above the additional FSI permitted as aforesaid. The further additional FSI thus granted
shall be subject to the terms and conditions enumerated below.

Terms and Conditions :-

(a) Out of the total additional FSI of 300% allowed, 50% may be availed by utilising Transferable
Development Rights (without payment of premium) except in the Island City, provided that the
utilisation of such TDR will be allowed only after availing of the additional FSI.
(b) Such additional FSI (except the TDR component) will be permissible subject to the payment of
premium to Government as may be decided by Government, out of which 50% shall be payable to the
Corporation.

(c) The additional built up area over and above the permissible FSI shall be utilised for bonafide
Educational purposes only.

(d) As and when required, some rooms of Educational Buildings shall be made available to the
Government by the concerned institutions.

(e) 10% seats, out of the total capacity, shall be reserved for Government nominees as may be
recommended by the Department of Education, Department of Higher and Technical Education,
Government of Maharashtra.

(f) The Director of School Education, Government of Maharashtra and Director of Higher and Technical
Education, Government of Maharashtra shall be the competent authority to monitor as to whether the
Educational Institution is observing the terms and conditions referred to at (c) , (d) and (e) above and, in
case of any breach thereof or in case the Education being rendered by the Educational Institution are
not to the satisfaction of the said Department, the Director of School Education and the Director of
Higher and Technical Education shall have the right to suitably penalise the Education Institution.

(g) The Educational Institution shall maintain records regarding free / concessional education rendered
to the needy persons, which shall be made available to the Director of School Education, Higher and
Technical Education on demand.

(h) The trustees of the Educational Institution shall furnish the requisite periodical statements to the
Director of School Education, Higher and Technical Education in regard to (d), (e) and (g) above.

(i) A building for a Educational Institution containing mixed users (area under non-education users not
exceeding 20% of the permissible built-up area as per Table No. 14) shall also be eligible for further
additional FSI, to be considered on the total net plot area.

(j) The Educational Institution shall file an undertaking that it shall abide by the above enumerated
terms and conditions.

(k) Existing Playgrounds in the Educational Institution shall not be reduced in any circumstances.
(l) Adequate Parking facilities as required as per D. C. Regulations, 1991 shall be provided.

Provided further that in case of Suburbs and extended Suburbs, with the previous approval of
Government, and upon payment of premium as may be determined by Government, the FSI in Table No.
14 for the buildings of Medical Institutions on independent plots may be permitted to be exceeded by a
maximum of 400% subject to condition that no concession in regard to marginal open spaces, height of
the building, parking spaces, etc. shall be granted subject to terms and conditions applicable as
mentioned in Government Notification dated 30/10/2000.

The Commissioner may permit the Floor Space Index specified in Table 14 above to be exceeded in
respect of buildings of Public Libraries in independent plot in the manner prescribed below :

(i) Additional FSI shall be available to those public libraries which are more than 100 years old and are
included in “A” Class as per rule 10 of Maharashtra Public Libraries Rules, 1970, framed under
Maharashtra Public Libraries Act, 1967;

(ii) In the Island City, additional FSI to the extent of 100% over and above the permissible FSI shall be
granted .For commercial user, if otherwise permissible as per these Regulations, built up area not
exceeding 1.00 FSI shall be permitted alongwith the Library;

(iii) In the suburbs and extended suburbs, additional FSI to the extent of 150% over and above the
permissible FSI shall be permitted. For commercial users, if otherwise permissible as per these
Regulations, built up area not exceeding 1.00 FSI shall be permitted alongwith the Library;

(iv) The commercial uses permissible shall be convenient shopping, bank branch and small restaurants.
However, shops selling alcoholic drinks, pan-beedi shops, lottery stalls and shops selling hazardous
goods (Gas Godown, etc.) shall not be permitted.

(v) Sale proceeds out of commercial uses shall be utilised by the institution only for the development of
the Library.

(vi) Premium towards additional FSI at the rates admissible for educational institutions shall be
recovered from the applicant institution as per the terms and conditions approved by Government .

A building for a Institutional user containing mixed users (area under non-institutional users not
exceeding 20% of the permissible built up area as per Table No. 14) shall also be eligible for additional
FSI to be considered on the entire plot area.
33(2)(A) Buildings of Private Medical Institutions:– The Commissioner may permit the floor space
indices specified in Table 14 above to be exceeded in respect of buildings in independent plots of private
medical institutions by 100 percent in the wards of Island City and Suburbs or Extended Suburbs;

Provided further that, with the previous approval of Government, the FSI in Table No. 14 for buildings of
Private Medical Institutions as independent plot may be permitted to be further exceeded over and
above the additional FS I permitted as aforesaid by (i) maximum 200% in Island City & (ii) maximum
300% in suburbs and extended suburbs.

The above additional FSI and further additional FS I thus granted shall be subject to the terms and
conditions specified below.

Terms and Conditions:-

(a) Out of total additional FSI, 50% may be availed by utilizing Transferrable Development Rights (
Without Payment of Premium) except in the island City, provided that utilization of such TDR will be
allowed only after availing of the additional FSI.

(b) Such additional FSI ( except the TDR component) will be permissible subject to the payment of
premium to Government at the rate of 10% of market value i.e. rates of ready reckoner or as may be
decided by the Govt. from time to time, out of which 50% shall be payable to the Corporation.

(c) The additional built up area over and above the permissible FSI shall be utilized for bonafide medical
purposes only.

(d) Free medical treatment to the extent of at least 10% of the total number of beds shall be given to
persons from economically weaker sections of society or to persons below poverty line. In addition, 10%
of the total number of patients in OPD shall be provided treatment at concessional rates, viz. Rates that
are being charged in Govt, Hospital.

(e) The Director of Health Services, Government of Maharashtra shall be the competent Authority to
monitor as to whether the Medical Institution is observing the terms and conditions referred to at (c),
(d) above and, in case of any breach thereof or in case the medical services being rendered by the
Medical Institution are not to the satisfaction of the Director of Health Services, the Director of Health
Services shall have right to suitably penalize the Medical Institution.
(f) The Medical Institution shall maintain records regarding free/ concessional treatment rendered to
the needy persons, which shall be made available to the Director of Health Services on demand.

(g) The Medical Institution shall furnish the requisite periodical statements to the Director of health
Services in regard to (c) and (d) above.

(h) A building for a Medical Institution containing mixed users ( area under non medical users not
exceeding 10% of the permissible built-up area as per table No. 14 ) shall also be eligible for further
additional FS I, to be considered on the total net plot area.

(i) The Medical Institution shall file an Undertaking that it shall abide by the above enumerated terms
and conditions.

33(3) Buildings of Government and semi-Government offices and public sector undertakings:-

The Commissioner may permit the Floor Space Indices specified in Table 14 above to be exceeded by 50
per cent in the case of buildings of Semi Government and Public Sector Undertakings in the suburbs &
extended suburbs. Further, considering the specific requirement & with the previous approval of the
Government, the Commissioner may permit the Floor Space Indices specified in Table no. 14 above to
be exceeded by 300% in the case of buildings of Government offices in the island city, suburbs &
extended suburbs.

33(3)(A) Buildings of Government and the Corporation being used for staff quarters:-

The Commissioner may permit the Floor Space Indices specified in Table 14 above to be exceeded by 50
per cent in case of buildings of Government and Municipal Corporation of Greater Mumbai for use as
their staff quarters in the suburbs and extended suburbs only.

However in cases of buildings of Department of Police, Police Housing Corporation, Jail and Home
Guard of Government of Maharashtra for use as their Staff Quarters in the Island City, Suburbs and
extended Suburbs, the Commissioner may permit the Floor Space indices specified in Table No. 14
above to be exceeded upto 2.5 FSI.

Notes:-

(1) It shall be permissible to submit a composite scheme for the development or redevelopment of land
of Department of Police, Police Housing Corporation, Jail and Home Guard for the utilisation of
permissible commercial user under D.C. Regulation; so that commercial potential of one plot can be
shifted to other plot, provided the aggregate FSI on any plot shall not exceed 2.5.

(2) The above FSI for any composite scheme, may be used by the Department of Police, Police Housing
Corporation, Jail and Home Guard of Government of Maharashtra for its own purpose and also for free
sale component for cross subsiding the development of Staff Quarters. However, the ratio between the
two components shall be such that the FSI for departmental use shall be minimum 50% of the total
permissible FSI for the aforesaid project, provided the FSI of individual plot shall not exceed the limit of
2.5.

(3) The above development shall be permitted by the Commissioner only after the due approval of the
following committee:-

(i) Chief Secretary Chairman.

(ii) Additional Chief Secretary (Home) Member.

(iii) Principal Secretary (UD) Member.

(iv) Director General of Police Member.

(v) Police Commissioner Member.

(vi) Secretary (PWD) (Works) Member.

(vii) Managing Director Member Secretary.

(Police Housing Corporation)

33(4) Building of Starred Category Residential Hotels:- With the previous approval of the Government
and subject to payment of premium fixed by the Government and paid (out of which 50% shall be
payable to the Corporation) and subject to such other terms and conditions it may specify, the floor
space index in the Table No. 14 may be permitted to be exceeded in the case of buildings of all starred
category residential hotels in independents plots and under one establishment as approved by the
Department of Tourism, upto total FSI specified below and subject to following conditions :
Starred Category Island City Suburbs & Extended

Suburbs

Total FSI Premium Total FSI Premium


recovered at the recovered at the
rate of ready rate of ready
Reckoner for reckoner for
additional FSI
additional FSI

1 to 3 Starred 3.00 25% or Rs. 6000/- 3.00 25% or Rs. 6000/-


Category Hotels per sq.mt. per sq.mt.
whichever is (+0.50 TDR) whichever is
more. more.

4 Starred Category 4.00 25% or Rs. 6000/- 3.00 25% or Rs. 6000/-
Hotels per sq.mt. per sq.mt.
whichever is (+0.50 TDR) whichever is
more. more.

5 Starred Category 5.00 25% or Rs. 6000/- 3.00 25% or Rs. 6000/-
Hotels per sq.mt. per sq.mt.
whichever is (+0.50 TDR) whichever is
more. more.

Conditions:-

(1) The additional FSI for residential starred categories hotels shall be permitted after considering the
study of infrastructural facilities by the Corporation and due approval of Committee consisting under
the Chairmanship of Municipal Commissioner, representative of Mumbai Metropolitan Region
Development Authority, the representative of Police Commissioner (Traffic) and the representative of
Tourism Department.
(2) No condonation in parking and other requirements as in these Regulations shall be allowed except in
the side and rear Marginal open spaces; condonation upto 25% may be granted with the special
permission of the Commissioner.

(3) 5% of total rooms shall be reserved for total 30 days in a year for Govt. at free of cost (only room
charges) & it may be monitored by the Maharashtra Tourism Development Corporation and protocol
Department.

(4) Additional FSI of more than 100% is permissible for one to three star category hotels on the plot size
of not less than 2500 sq.mt. and on roads of 18mt. width or more.

(5) Additional off-site infrastructure facilities if stipulated by the Corporation/Committee shall be


provided by the proponent at their cost.

Note:- The use of TDR will be permissible in case of starred category residential hotels in suburbs and
extended suburbs only over and above additional FSI granted under these Regulations subject to
following conditions : –

(i) Additional floor area to the extent of 0.5 FSI by way of utilization of TDR (reservation TDR, road TDR
or slum TDR) will be permitted over and above the additional FSI granted in this regulations, provided
overall FSI does not exceed 3.5

(ii) Such additional FSI (in the form of TDR) will be permitted only if additional FSI is availed under these
regulations.

(iii) Loading of TDR will be governed by the prescription contained in these Regulations.

33(5) Development/Redevelopment of Housing Schemes of Maharashtra Housing & Area Development


Authority (MHADA):-

(1) The FSI for a new scheme of Low Cost Housing, implemented by MHADA departmentally on vacant
lands for Economically Weaker Sections (EWS), Low Income Group (LIG) and Middle Income Group
(MIG) categories shall be 3.0 on the gross plot area (exclusive of the Fungible FSI) and at least 60% built-
up area in such scheme shall be in the form of tenements under the EWS, LIG and MIG categories, as
defined by the Government in Housing Department from time to time.
(2) For redevelopment of existing housing schemes of MHADA, containing (i) EWS/LIG and/or (ii) MIG
and/or (iii) HIG houses with carpet area less than the maximum carpet area prescribed for MIG, the total
permissible FSI shall be 3.0 on the gross plot area (exclusive of the Fungible FSI).

2.1. Where redevelopment of buildings in existing housing schemes of MHADA is undertaken by the
housing co-operative societies or the occupiers of such buildings or by the lessees of MHADA, the
Rehabilitation Area Entitlement, Incentive FSI and sharing of balance FSI shall be as follows:-

A] Rehabilitation Area Entitlement:-

(i) Under redevelopment of buildings in existing Housing Schemes of MHADA, the entitlement of
rehabilitation area for an existing residential tenement shall be equal to sum total of—

(a) a basic entitlement equivalent to the carpet area of the existing tenement plus 35% thereof, subject
to a minimum carpet area of 300 sq. feet, and

(b) an additional entitlement, governed by the size of the plot under redevelopment, in accordance with
the Table-A below:-

Table A

Area of the Plot under Redevelopment Additional Entitlement (As % of the


Carpet Area of the Existing Tenement)

Upto 4000 Sq.m. Nil

Above 4000 sq.m. to 2 hectare 15%

Above 2 hectare to 5 hectare 25%

Above 5 hectare to 10 hectare 35%

Above 10 hectare. 45%

Explanation:- The plot under redevelopment, means the land demarcated by MHADA for
redevelopment.

Provided that the maximum entitlement of rehabilitation area shall in no case exceed the maximum limit
of carpet area prescribed for MIG category by the Govt. as applicable on the date of approval of the
redevelopment project.

Provided further that the entitlement of rehabilitation area as admissible under this regulation shall be
exclusive of the area of balcony.

(ii) Under redevelopment of buildings in existing Housing Schemes of MHADA, the entitlement of
rehabilitation area of any existing commercial/amenity unit in the Residential Housing Scheme shall be
equal to the carpet area of the existing unit plus 20% thereof.

B] Incentive FSI:- Incentive FSI admissible against the FSI required for rehabilitation, as calculated in (a)
above, shall be based on the ratio (hereinafter referred to as Basic Ratio) of Land Rate (LR) in Rs/Sq.m. of
the plot under redevelopment as per the Annual Schedule of Rates (ASR) and Rate of Construction
(RC)* in Rs/Sq.m. applicable to the area as per the ASR and shall be as given in the Table B below:-

Table B

Basic Ratio (LR/RC) Incentive (As % of Admissible Rehabilitation


Area)

Above 6.00 40%

Above 4.00 and upto 6.00 50%

Above 2.00 and upto 4.00 60%

Upto 2.00 70%

Explanation:- * RC is the rate of construction in respect of R.C.C Construction, as published by the


Chief Controlling Revenue Authority & Inspector General of Registration, Maharashtra State in the
Annual Schedule of Rates.

Provided that the above incentive will be subject to the availability of the FSI on the plot under
redevelopment and its distribution by MHADA.

Provided further that in case there are more than one land rate applicable to different parts of the plot
under redevelopment, a weighted average of all the applicable rates shall be taken for calculating the
Average Land Rate and the Basic Ratio.
Provided further that the Land Rate (LR) and the Rate of Construction (RC) for calculation of the Basic
Ratio shall be taken for the year in which the redevelopment project is approved by the authority
competent to approve it.

C] Sharing of the Balance FSI:-The FSI remaining in balance after providing for the
rehabilitation and the incentive components, calculated as per (A) and (B) above respectively, shall be
shared between the Co-operative Housing Society and MHADA in the form of built-up area, as given in
Table C below and the share of MHADA shall be handed over to MHADA free of cost.

Table C

Basic Ratio Sharing of Balance FSI

(LR/RC) Co-operative Society Share MHADA Share

Above 6.00 30% 70%

Above 4.00 and upto 6.00 35% 65%

Above 2.00 and upto 4.00 40% 60%

Upto 2.00 45% 55%

2.2. Where redevelopment of buildings in the existing Housing Schemes of MHADA is undertaken by
MHADA or jointly by MHADA along with the housing societies or the occupiers of such building or by
the lessees of MHADA, the Rehabilitation Area Entitlement, incentive FSI and sharing of balance FSI
shall be as follows:-

A] Rehabilitation Area Entitlement:- The rehabilitation Area entitlement shall be increased by 15% of
the existing carpet area, over and above the Rehabilitation Area Entitlement calculated in (A) of 2.1
above, subject to the maximum of the size of MIG prescribed by the Government in the Housing
Department.

B] Incentive FSI:- Incentive FSI shall be the same as in (B) of 2.1.


C] Sharing of the balance FSI:- Sharing of the balance FSI shall be the same as in (c) of 2.1.

(3) For the purpose of calculating the FSI, the entire area of the layout including Development Plan
roads and internal roads, but excluding the land under the reservation of public amenities shall be
considered. Sub-division of plots shall be permissible on the basis of the compulsory open spaces as in
these Regulations. For low cost housing schemes of MHADA for EWS/LIG categories, the Regulations
in Appendix-I {excluding 1(b)} shall apply.

Provided that there shall be no restriction on the utilization of the FSI permissible under this Regulation
except for the restrictions under any law, rule or regulation.

(4) For the purpose of this Regulation, the carpet areas for EWS, LIG or MIG tenements shall be as
determined by the Government from time to time.

(5)(a) For providing the requisite infrastructure for the increased population, an infrastructure charge at
the rate of 7% of the Land Rate as per the ASR of the year of approval of the redevelopment project
shall be chargeable for the extra FSI (excluding the fungible FSI) granted over above the normal FSI for
the redevelopment schemes. 5/7th part of the Infrastructure Charge levied and collected by MHADA
shall be transferred to the Municipal Corporation of Greater Mumbai for developing necessary off site
infrastructure.

(b) No premium shall be charged for the fungible FSI admissible as per DCR 35(4) for,-

(i) construction of EWS/LIG and MIG tenements by MHADA on a

vacant plot or

(ii) in a redevelopment project for the construction of EWS/LIG and

MIG tenements towards the share of MHADA, or

(iii) for rehabilitation component of a redevelopment project.

(6) Notwithstanding anything contained in these Regulations, the relaxation incorporated in Regulation
No. 33(10) of these Regulations shall apply to the Housing Schemes under this Regulation for
construction of tenements under EWS/LIG and MIG categories. However, the front open space shall
not be less than 3.6 mt.
(7)(a) In any Redevelopment Scheme where the Co-operative Housing Society/Developer appointed by
the Co-operative Housing Society has obtained No Objection Certificate from the MHADA/Mumbai
Board, thereby sanctioning additional balance FSI with the consent of 70% of its members and where
such NOC holder has made provision for alternative accommodation in the proposed building (including
transit accommodation), then it shall be obligatory for all the occupiers/members to participate in the
Redevelopment Scheme and vacate the existing tenements for the purpose of redevelopment. In case
of failure to vacate the existing tenements, the provisions of section 95A of the MHAD Act, mutatis
mutandis shall apply for the purpose of getting the tenements vacated from the non cooperative
members.

(b) For redevelopment of buildings in any existing Housing Scheme of MHADA under clause 2.2
hereinabove, by MHADA, the consent of the Co-operative Housing Society in the form of a valid
Resolution as per the Co-operative Societies Act, 1960 will be sufficient. In respect of members not
cooperating as per approval of the redevelopment project, action under section 95(A) of the
Maharashtra Housing and Area Development Act, 1976 may be taken by MHADA.

(8) A corpus fund, as may be decided by MHADA, shall be created by the Developer which shall remain
with the Co-operative Housing Societies for the maintenance of the new buildings under the
Rehabilitation Component.

(9) The Redevelopment proposals where NOC has been issued by Mumbai Board or Offer Letter has
already been issued prior to the date of coming into force of this modification (hereinafter referred to as
the “appointed date”) and which is valid as on the appointed date, shall continue to be governed by the
Regulation applicable prior to this modification.

33(6) Reconstruction of buildings destroyed by fire or which have collapsed or which have been
demolished. etc:- Reconstruction in whole or in part of a building (not being a building wholly occupied
by warehousing user and also not being a ground floor structure), which existed on or after 10th June
1977 which has ceased to exist in consequence of an accidental fire, natural collapse, or demolition for
the reason, of the same having been declared unsafe by or under a lawful order of the Corporation or
the Mumbai Housing and Area Development Board or is likely to be demolished for the reason of the
same having been declared unsafe by or under a lawful order of the said Corporation or the said Board
and duly certified by them, shall be allowed with an F.S.I. in the new building not exceeding that of the
original building (or the F.S.I. permissible under these Regulations whichever is more). This F.S.I. will be
subject to the Regulations in Appendix II hereto.
33(7) Reconstruction or redevelopment of cessed buildings in the Island City by Co-operative Housing
Societies or of old buildings belonging to the Corporation or of old buildings belonging to the Police
Department.:- For reconstruction/redevelopment to be under taken by Cooperative Housing Societies
of existing tenants or by Co-op. Housing Societies of landlords and/or occupiers of a cessed buildings of
“A” category in Island City, which attracts the provisions of MHADA Act, 1976 and for
reconstruction/redevelopment of the buildings of Corporation and Department of Police, Police
Housing Corporation, Jail and Home Guard of Government of Maharashtra, constructed prior to 1940,
the Floor Space Index shall be 2.5 on the gross plot area or the FSI required for rehabilitation of existing
tenants plus incentive FSI as specified in Appendix-III whichever is more.

Note:- The development of land for Department of Police, Police Housing Corporation, Jail and
Home Guard of Government of Maharashtra shall be permitted by the Commissioner after due
approval of the committee mentioned in Note-3 below regulation 33(3)(A).

Provided, however that with the previous approval of the Government, MHADA/ Corporation shall be
eligible to get additional incentive FSI over otherwise permissible FSI as specified in Annexure III of
these Regulations:

Provided further that in cases of composite redevelopment scheme for plot having ‘A’ category as also
‘B’ category cessed building the above FSI shall be available:

Provided further that in cases of reconstruction / redevelopment of buildings which have been declared
as unsafe by the BHAD Board prior to monsoon of 1997, the above FSI will be available irrespective of
category of cessed building.

Provided further, that reconstruction / redevelopment undertaken by proposed Cooperative Housing


Societies of Landlords and / or Occupiers of cessed building of ‘B’ category, and where composite
development is undertaken by different owners of 5 or more plots the FSI required for Rehabilitation of
existing tenants plus incentive FSI as specified in Appendix III will be available.

Provided further that reconstruction / redevelopment undertaken by proposed Co-operative Housing


Society of occupiers of buildings, which were earlier “A” category cessed buildings but thereafter due to
purchase/ acquisition of the same by Co-operative Housing Society of Occupiers, such buildings are
exempted from payment of cess and which have been declared unsafe by BHAD Board / BMC, the FSI
required for rehabilitation of existing occupier plus incentive FSI as specified in Appendix-III will be
available.
Note :- All Regulations/modifications mentioned above shall not be applicable to the areas which
are affected by Coastal Regulations Zone Notification issued by Ministry of Environment and Forest,
Government of India vide Notification dated 19 February 1991 and orders issued from time to time.

33(8) Construction for housing the dishoused:- For the construction of the building by the Corporation
in the category of “Housing the Dishoused” in the Island City for the purpose of the Housing those who
are displaced by the projects undertaken by the Corporation for Implementation of proposals of the
development plan, the FSI shall be 4.00. Such additional FSI will not be available when owner
undertakes development as in Sr. No. I (c) in Table 4.

Note: – All Regulations / modifications mentioned above shall not be applicable to the areas which
are affected by Coastal Regulations Zone Notification issued by Ministry of Environment and Forest,
Government of India vide Notification dated 19 February 1991 and orders issued from time to time.

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.

Development Control Regulation No. 33(9)(A)

Regulations for Dharavi Notified Area (DNA)

Urban Renewal Scheme under Dharavi Redevelopment Project: – Areas undertaken by Slum
Rehabilitation Authority under DRP for renewal and redevelopment of buildings / chawls including
cessed buildings situated on non slum areas within Dharavi Notified Area, shall be a part of the entire
Dharavi Redevelopment Project Area (DRP Area) which shall have an overall FSI of 4.00. The
entitlement of FSI on that particular plot shall be 4.00 or the FSI required for rehabilitation of existing
tenants / occupiers plus incentive FSI and would be in accordance with the guidelines laid down in
Appendix XXIV.
Note:-

(A) All words and expressions used in these Regulations and not defined herein shall have meanings
assigned to them under the Maharashtra Regional and Town Planning Act, 1966 or the Maharashtra
Slum Area (Improvement, Clearance & Redevelopment) Act, 1971, or the National Building Code, or the
Building Regulations and Bye-Laws or the Development Control Regulations of the Municipal
Corporation of Greater Mumbai, as amended from time to time.

(B) The provisions of the Development Control Rules for Greater Mumbai, 1991 and all other applicable
sections of the Maharashtra Regional and Town Planning Act, 1966, shall apply mutatis mutandis to the
development of land with the modification that the expressions ” Municipal Corporation of Greater
Mumbai” and “Municipal Commissioner” shall be substituted by the expressions “Slum Rehabilitation
Authority” and “Officer on Special Duty, DRP (SRA)” respectively.

(C) Nothing contained herein shall derogate from any right or power exercisable by the Municipal
Corporation of Greater Mumbai under the provisions of the Bombay Municipal Corporation Act, 1888,
and the rules, regulations and bye-laws made there under.Any development of land shall be carried out
without prejudice to such provisions.

Development Control Regulation No. 33 (10)

I Eligibility for redevelopment scheme:-

(a) For redevelopment of slums including pavements, whose inhabitants’ names and structures appear
in the electoral roll prepared with reference to 1st January, 1995 or a date prior thereto, but where the
inhabitants stay at present in the structure, the provisions of Appendix IV shall apply on the basis of a
tenement in exchange for an independently numbered structure.

(b) Subject to the foregoing provisions, only the actual occupants of the hutment shall be held eligible,
and the so called structure-owner other than the actual occupant if any, even if his name is shown in the
electoral roll for the structure, shall have no right whatsoever to the reconstructed tenement against
that structure.

II Definition of Slum, Pavement, and Structure of hut :-

(i) For this purpose, slums shall mean those censused, or declared and notified, in the past or hereafter
under the Maharashtra Slum Areas (Improvement, Clearance and redevelopment) Act, 1971. Slum shall
also mean area/pavement stretches hereafter notified or deemed to be and treated as Slum
Rehabilitation Areas.

(ii) If any area fulfils the condition laid down in section 4 of the Maharashtra Slum Areas (Improvement,
Clearance and Redevelopment) Act, 1971 to qualify as slum area and has been censused or declared
and notified shall be deemed to be and treated as Slum Rehabilitation Areas.

(iii) Slum rehabilitation area shall also mean any area declared as such by the Slum Rehabilitation
Authority though preferably fulfilling conditions laid down in section 4 of the Maharashtra Slum Areas
(Improvement, Clearance and Redevelopment) Act, 1971 to qualify as slum area and/or required for
implementation of any slum rehabilitation project. Any area where a project under Slum Rehabilitation
Scheme has been approved by CEO / SRA shall be a deemed slum rehabilitation area.

(iv) Any area required or proposed for the purpose of construction of temporary or Permanent transit
camps and so approved by the Slum Rehabilitation Authority shall also be deemed to be and treated as
Slum Rehabilitation Areas, and projects approved in such areas by the Slum Rehabilitation Authority
shall be deemed to be Slum Rehabilitation Projects.

(v) A pavement shall mean any Municipal/Government/ Semi-Government pavement, and shall include
any viable stretch of the pavement as may be considered viable for the purpose of Slum Rehabilitation
Scheme.

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

(vii) A composite building shall mean a building comprising both rehab and free-sale components or part
thereof in the same building.

(viii) Censused shall mean those slums located on lands belonging to Government, any undertaking of
Government, or Brihan Mumbai Municipal Corporation and incorporated in the records of the land
owning authority as having been censused in 1976, 1980,or 1985 or prior to 1st January, 1995.

III Joint ownership with spouse:- The reconstructed tenement shall be of the ownership of the hutment
dweller and spouse conjointly, and shall be so entered and be deemed to be so entered in the records of
the co-operative housing society, including the share certificates or all other relevant documents.
IV Denotification as Slum Rehabilitation Area:- Slum Rehabilitation Authority on being satisfied that it is
necessary so to do, or when directed by the State Government, shall denotify the slum rehabilitation
area.

Development Control Regulation No. 33 (10)(A)

Regulations for Dharavi Notified Area (DNA)]

Slum Rehabilitation Scheme under DRP:- Areas undertaken by Slum Rehabilitation Authority under
DRP for redevelopment of hutments situated on slum areas within DNA shall be part of entire DRP
Area which shall have an overall F.S.I. of 4.00. The entitlement of FSI on that particular plot would be in
accordance with the guidelines given below and in Appendix IV(A).

I Eligibility for redevelopment scheme:-

(a) For redevelopment of slums including pavement, whose inhabitants names and structures appear in
the electoral roll prepared with reference to 1st Jan, 2000 or a date prior thereto, but where the
inhabitants stay at present in the structure, the provisions of Appendix IV (A) shall apply on the basis of
a tenement in exchange for an independently numbered structure.

(b) Subject to the foregoing provision, only the actual occupants of the hutments shall be held eligible,
and the so called structure owner other than the actual occupant if any, even if his name is shown in the
electoral roll for the structure, shall have no right whatsoever to the reconstructed tenement against
that structure.

II Definition of Slum, Pavement, Structure of hut, planning sectors and related terms :-

(i) For this purpose, slums shall mean those censused, or declared and notified, in the past or hereafter
under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. Slums
shall also mean areas / portions of pavement stretches, existing & proposed roads, Railway Lands, area
under electric H.T. power lines, Nalla banks hereafter notified or deemed to be and treated as Dharavi
Redevelopment Project Area.

(ii) If any area fulfills the condition laid down in section 4 of the Maharashtra Slum Areas (improvement,
clearance and redevelopment) Act, 1971, to qualify as a slum area and has been censused or declared
and notified shall be deemed to be and treated as Dharavi Redevelopment Project Area.
(iii) Dharavi Redevelopment Project Area shall also mean any area declared as such by the Slum
Rehabilitation Authority through preferably fulfilling conditions laid down in section 4 of the
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 to qualify as slum
area and/ or required for implementation of Dharavi Redevelopment Project (DRP). Any area where a
scheme under Dharavi Redevelopment Project within DNA has been approved by Officer on Special
Duty, DRP [OSD, DRP(SRA)] shall be a deemed DRP Area.

(iv) Any area required or proposed for the purpose of construction of temporary or permanent transit
camps and projects on any/ adjacent land for the amalgamated land for developments so approved by
the SRA shall also be deemed to be and treated as Dharavi Redevelopment Project Area, and projects
approved in such area by the Dharavi Redevelopment Project cell of Slum Rehabilitation Authority shall
be deemed to be Dharavi Redevelopment Projects.

(v) A pavement shall mean any Municipal/ Government /Semi-Government pavement and shall include
any viable stretch of the pavement as may be considered viable for the purpose of Dharavi
Redevelopment Project scheme.

(vi) A structure shall mean by all dwelling areas of all persons who were enumerated as living in that one
numbered house in the electoral roll of the latest date, upto 1st Jan 2000 and regardless of the number
of persons, or location of rooms or access.

(vii) A composite building shall mean a building comprising both rehab and free-sale components or part
thereof along with built up amenity, if proposed, in the same building.

(viii) Censused shall mean those slums located on lands belonging to Government, any undertaking of
Government, or Brihan Mumbai Municipal Corporation and incorporated in the records of land owning
authority as having been censused in 1976, 1980, 1985, 1995 or prior to 1st Jan 2000.

(ix) ‘Dharavi Notified Area (DNA)’ shall mean the area of Dharavi for which Govt. of Maharashtra, by
exercising the powers conferred by sub-section(1B) of section 40 of M.R. & T.P. Act, 1966, have
appointed ‘Slum Rehabilitation Authority’ as Special Planning Authority for Planning & Development
and which is specifically defined in the Govt’s notification no.TPB-4304 /322 / CR-56 / 04 / UD-11 dt.
9/3/2005. and no.TPB-4308/3499/CR-83/09/UD-11dtd. 25.6.2009.

(x) ‘Planning sector’ shall mean the plot of lands comprising C.S. Nos. / CTS Nos. partly or wholly derived
from DNA and which will be bounded mainly by existing major roads, railway lines, village boundary and
the proposed major roads so as to achieve well planned and controlled development of DRP along with
various amenities and facilities to be provided for people at large within the boundaries of such plots/
areas. Such divided plots/ areas are termed as planning sectors. The extent of area and number of
planning sectors shall be as per approval obtained from the Committee of Secretaries appointed to
monitor DRP vide Government Resolution of Housing Department No. SRA/2003/CR-189/SI-1A dt.
4.2.2004 (hereinafter referred to as ‘Committee of Secretaries’)

III Joint ownership with spouse:- The reconstructed tenement shall be of the ownership of the hutment
dweller and spouse conjointly, and shall be so entered and be deemed to be so entered in the records of
the co-operative housing society to be formed after getting allotment in the completed rehab building
through Asst. Register of societies (SRA), including the share certificates or all other relevant
documents.

IV Denotification as DRP Area:- OSD, DRP (SRA) on being satisfied that it is necessary so to do, or when
directed by the state Government, shall denotify the DRP Area.

Note:-

(A) All words and expressions used in these Regulations and not defined herein shall have meanings
assigned to them under the Maharashtra Regional and Town Planning Act, 1966 or the Maharashtra
Slum Area (Improvement, Clearance & Redevelopment) Act, 1971, or the National Building Code, or the
Building Regulations and Bye-Laws or the Development Control Regulations of the Municipal
Corporation of Greater Mumbai, as amended from time to time.

(B)The provisions of the Development Control Rules for Greater Mumbai, 1991 and all other applicable
sections of the Maharashtra Regional and Town Planning Act, 1966, shall apply mutatis mutandis to the
development of land with the modification that the expressions ” Municipal Corporation of Greater
Mumbai” and “Municipal Commissioner” shall be substituted by the expressions “Slum Rehabilitation
Authority” and “Officer on Special Duty, DRP (SRA)” respectively.

(C)Nothing contained herein shall derogate from any right or power exercisable by the Municipal
Corporation of Greater Mumbai under the provisions of the Bombay Municipal Corporation Act, 1888,
and the rules, regulations and bye-laws made there under. Any development of land shall be carried out
without prejudice to such provisions.

33(11) Sites and Services, Small Size Tenement, under the Urban Land (Ceilings and Regulations) Act.,
1976:- For development of sites and services and smaller size tenements for housing schemes under the
Urban Land (Ceiling and Regulations) Act,1976 approved in Appendix V hereto shall apply.
33(12) Development by Maharashtra Housing and Area Development Authority with world Bank
Assistance:- Development undertaken by the Maharashtra Housing and Area Development Authority,
exclusively with the World Bank Assistance, will be permissible subject to the Regulations in Appendix
VI.

Note- With the previous approval of the Government, the Commissioner may after consultation with
the concerned authority add, alter or amend , only the condition related to grant of additional floor
space index (and not in any case the values of FSIs)which may be allowed in certain categories as
referred to in these Regulations.

33(13) Development of sites reserved for Resettlement & Rehabilitations of Project Affected Persons:-
For Development of sites reserved for resettlement and rehabilitation for the purpose of housing Slum
dwellers who are displaced by projects undertaken by the Corporation, the FSI shall be 2.5.

33(14) Provisions relating to Transit Camp tenements for Slum Rehabilitation Scheme:-

(A) The FSI may be permitted to be exceeded for the construction of Transit Camp Tenements as shown
below:

Sr. No. Location Total FSI

(1) (2) (3)

1. Suburbs and extended Suburbs. 2.5

2. Difficult areas comprising of Dharavi and such other areas as may be 2.99
notified by SRA from time to time

3. Island City applicable only to lands belonging to Government and 2.33


Public Sector undertakings

(B) The normally permissible FSI on the plot may be used for the purpose for which it is designated in
the Development Plan.
(C) The additional FSI could be used for construction of transit camp tenements having a carpet area of
20.90 sq.mts (225 sq.ft.) with the same specifications as for permanent slum rehabilitation tenements
which will be used for the purpose of accommodating hutment-dwellers in transit on account of Slum
Rehabilitation Scheme for 10 years on rent to be fixed by the Chief Executive Officer of the Slum
Rehabilitation Authority. After that period, the tenements can be used by the owner for any purpose.

(D) Or, the additional FSI could be used in the following manner:-

Sr. No. Location Addl. FSI FSI for FSI for free
tenements
sale
for SRA
(1) Component
(4)
(2) (3) (5)

1. Suburbs and extended suburbs 1.50 0.75 0.75

2. Difficult areas comprising of Dharavi 1.66 0.71 0.95


and such other areas as

may be declared by SRA from time to


time

3. Island City applicable only to 1.00 0.57 0.43

Government and Public sector

under takings.

Even in areas where the normally permissible FSI is less than 1.0, the additional FSI for permanent
transit shall be mentioned as in 14(D) above and the ratio between FSI for transit camps to be given free
of cost and for sale shall remain the same as in the Table given herein above.
Provisions of Sub-Regulation 8.1 of Appendix IV shall apply to these transit camps.

(E) Only after the Transit camps are handed over free of cost to the Slum Rehabilitation Authority, the
occupation certificate, water connection, power connection etc. for the other portion shall be given by
the Appropriate Authority.

(F) The additional FSI shall be permitted also in cases where construction has already taken place
consuming full or part of the normally permissible FSI, provided 75% of the occupants/owners have no
objection thereto.

(G) For the purpose of slum rehabilitation projects, the temporary transit tenements will have to be
provided on a temporary basis on or close to the site as far as possible.

33(15) Redevelopment of contravening structures included in the Final Plot of a Town Planning
Scheme-

For the redevelopment / reconstruction of contravening structures situated in the Town Planning
Schemes, additional FSI over and above permissible FSI prescribed under these Regulations shall be
admissible as under:-

(a) In the redevelopment scheme the number of tenants as recorded in the Town Planning Scheme Book
and residing in the contravening structures shall be accommodated by giving alternative
accommodation in the redevelopment schemes having carpet area of 20.90 sq.mtr. (225 Sq. ft.) each,
irrespective of their original holding provided the overall FSI consumption of the Final Plot shall not
exceed 3.19, in the city and 2.5 in Suburbs and extended suburbs.

(b) The Commercial users may be permitted in the redevelopment scheme to accommodate the existing
commercial tenants, provided the commercial area in the redevelopment scheme shall not exceed the
original commercial area.

(c) The tenants not listed in the records of Town Planning Scheme but residing in contravening structure
or such structures which have come up after Town Planning Scheme is finalized, but are existing before
1.01.1995 and where structures and inhabitants names are appeared in the Legislative Assembly
Voter’s List of 1995 shall also be eligible for being included in the Redevelopment Scheme. Such tenants
shall also be granted accommodation at the rate of 20.90 sq.mtr of carpet area per tenant provided the
total FSI of the plot does not exceed 3.19 in City & 2.5 in Suburbs / extended suburbs.
(d) Built Up Area equivalent to the area held by the tenant or 20.90 sq.mtr whichever is less shall be
handed over free of cost to the respective tenant by the Developer/Owner, while for the balance built
up area, sum as may be mutually agreed to between tenant and Owner/Developer shall be paid by the
tenant. Condition to this effect shall be prescribed by the Corporation while approving redevelopment
proposal.

(e) For the purpose of this redevelopment scheme, the owner/ developer shall get further additional FSI
to the extent of 50% of the area of the structures covered under Sr. No. (a),(b),(c)&(d) above provided
further that the overall FSI of the Final Plot shall not exceed 3.19 in City & 2.5 in suburbs/extended
suburbs.

Notes : For the purpose of this Regulations the contravening structures shall mean:

(i) Structure situated outside the original plot but included fully or partly within the final plot allotted to
a person in the Town Planning Scheme.

(ii) Structures which are partly included in the final plot allotted to a person and partly included in the
roads sites reserved for public purpose /adjoining final plot.

(iii) Structures which are included in the Town Planning Scheme area but situated outside the final plot
allotted to a person and are affected by sites reserved for public purpose, provided the Planning
Authority has no objection for rehabilitation of such structures.

(iv) However, structures included in the common area comprising of original plots and final plots shall
not be treated as contravening structures.

33(16) Buildings of Information Technology Establishments:-

The Commissioner may permit the floor space indices specified in Table No. 14 above to be exceeded by
100% subject to following conditions, in respect of-

(a) All IT and ITES units in Public IT Parks

(b) All registered IT and ITES Units located in Private IT Parks, approved by Director of Industries in the
State.
Provided that maximum of 80% of the total FSI may be used for IT/ITES/IT supported Financial Services
with the prior approval of the State Govt. and remaining 20% may be used for commercial services.

(c) The IT supported financial services shall be restricted to the users specified by the Industry Deptt, in
its Government Resolution IMC/2008/CR-46/IND-2 dated 13/8/08 and as may be amended from time
to time by the High Power Committee and Industries Department.

(d) The additional FSI shall be granted upon the payment of premium. Such premium shall be recovered
at the rate of 25% for IT/ITES users, 40% for the IT supported financial services and 100% for
commercial users of the present market value of the land under reference as indicated in the Ready
Reckoner.

Provided that 40% of the present market value of land under reference as indicated in the Ready
Reckoner will be liable to be paid even if only a part of 80% of the total area is used for IT supported
Financial Services.

(e) 25% the total premium so charged shall be paid to the Govt. and remaining 75% shall be paid to the
said Authority.

(f) The premium so collected by the Planning Authorities shall be primarily used for
development/upgradation of off-site infrastructure.

(g) In the event, the developer comes forward for provision of such off site infrastructure at his own
cost, then the said Planning Authority shall determine the estimated cost of works and shall also
prescribe the standards for the work. After completion of the works the said Planning Authority shall
verify as to whether the same is as per prescribed standards, and thereafter, by deducting the cost of
works, the balance amount of premium shall be recovered by the said Planning Authority.

(h) Additional FSI for IT supported Financial Services & 20% commercial users will be applicable in those
zones where the Development Control Regulation permit such use.

(i) No condonation in the required open spaces, parking and other requirements prescribed in these
regulations shall be allowed in case of such additional FSI. However, in case of demonstrable hardship,
the Municipal Commissioner of Municipal Corporation of Gr. Mumbai may relax any of these provisions.

33(17) Shifting of cattle sheds outside Greater Mumbai:- For Development of lands becoming vacant
consequent upon shifting of cattle sheds existing thereon, to places outside Greater Mumbai, additional
FSI to the extent of 33% over and above permissible FSI, shall be allowed on land occupied by cattle
sheds and subject to the following conditions:-

(i) Such additional FSI shall be available for authorised /tolerated (existing prior to 01/04/1962) cattle
sheds existing in suburbs &extended suburbs only;

(ii) the development of such lands that have become vacant consequent upon shifting of cattle shall be
regulated by the zoning Regulations of the zone in which such lands are situated.

(iii) the additional FSI shall be worked out case by case by a Committee comprising of following
members as constituted by Government in Urban Development Department.

1. The Director (ES&P), Municipal Corporation of Greater Mumbai, Chairman


Mumbai

2. Cattle Controller, ADF Department, Mumbai Member

3. The Deputy Director of Town Planning Greater Mumbai, Mumbai Member

4. The Superintendent of Land Records, Member

Mumbai Suburban District, Mumbai

The proposed development shall further be subject to such conditions as may be prescribed by the
Committee and payment of such amount of premium as may be fixed by Government in Urban
Development Department.

33(18) – Development of land earmarked for the MHADA/Mill Workers Housing under Regulation 58:-

For development of land for transit camp/ mill workers housing undertaken lay MHADA, additional FSI
to the extent of 200% over and above permissible FSI shall be allowed on land earmarked for
MHADA/Mill Workers Housing under regulation 58 subject to following conditions –

(i) The development of land earmarked for mill workers shall be exclusively used for mill workers
housing;
(ii)The development of land earmarked for MHADA for public housing, atleast100%FSI shall be
exclusively used for mill workers housing and balance FSI for transit camp only.

Relaxation in buildings and other requirements-

1} The permissible FSI shall be calculated on gross plot area.

2} Physical Recreational Amenity/ Open Spaces up to 8% shall be allowed.

3} For building having height upto 24 mt., the minimum side marginal open spaces shall be 3.6 mt.

Provided however that in case of buildings having height more than 24 mt, the minimum side marginal
open spaces shall be 6.0 mt or as may be prescribed by Chief Fire Officer.

4} All the above relaxations are given to the Mill Workers Housing & Transit tenements hence the
premium shall not be charged.

33(19) Reconstruction/Redevelopment in Gaothan and Koliwada in Mumbai and Mumbai Suburban


District:- For reconstruction or redevelopment of any property in Gaothan and Koliwada in Mumbai and
Mumbai Suburban District areas i.e. on land having tenure “A” in suburban and extended suburbs, the
floor space Index shall be as follows :-

(a) For plots fronting on roads below 9 mt. width, permissible FSI will be 1.5 only;

(b) for plot fronting on road width of 9 mt. and above (existing or proposed) additional 0.5 FSI shall be
allowed for commercial use subject to condition that margin and parking space as required under these
regulation are provided.

Provided that for (a) & (b) above, consumed FSI of existing buildings, utilized authorisedly, shall be
permitted.

Provided the Development in Coastal Regulation Zone (CRZ) area shall be governed by the ministry of
Environment and Forest Notification dated 6th January, 2011 as amended from time to time.

33(20) Buildings of Biotechnology Establishments:- The Commissioner may permit the floor space
indices specified in the Table No.14 of Regulation No.32 to be exceeded by 100% in respect of buildings
in independent plots of Biotechnology units set up by Public Bodies like MHADA, SEEPZ, MIDC,
SICOM, CIDCO or their joint venture companies having more than 11% stake of these bodies or lessees
of these public bodies having plots exclusively used for Biotechnology units, subject to terms and
conditions as he may specify;

Provided in case additional FSI allowed in respect of Biotechnology unit as aforesaid, premium as may
be determined by Government shall be paid to the Corporation out of which 50% shall be payable to the
Government.

33(24) Development of Multi storied/Parking lots: – With previous approval of Govt., for development
of multi-storied /parking lots on any plot abutting the roads and/or stretches of road, additional FSI, as
specified below on built up parking area, created and handed over to MCGM free of cost, shall be
allowed on the land belonging to the private owners, which is not reserved for any public purposes. This
will be subject to following conditions :

(i) The minimum area of plot shall be 1000 sq.mt. in Island City & 2000 sq.mt. in suburb and extended
suburbs of Gr. Mumbai. The minimum number of Motor Vehicle public parking spaces provided shall not
be less than 50 subject to minimum parking space of 700 sq.mt. The location of parking spaces can be in
basement, ground floor or upper floors, with access through ramps / lift or combination of both subject
to clearance from Chief Fire Officer with special emphasis on fire hazard.

(ii) A Committee under the Chairmanship of Municipal Commissioner, MCGM shall earmark / select the
plots for public parking, on the basis of their suitability and seek Government’s approval for it. The
Committee shall comprise of (i) Joint Commissioner of Police (Traffic) or it’s representative (ii)
Metropolitan Commissioner, Mumbai Metropolitan Region Development Authority or it’s
representative (iii) Dy. Director of Town Planning, Gr. Mumbai (iv) Chief Engineer (Road, Municipal
Corporation of Gr. Mumbai (Member Secretary).

(iii) The incentive FSI given on this account will be over and above the FSI permissible under any other
provisions of DCR. This incentive FSI shall be allowed to be used on the same plot in conformity with
DCR/DP, within the overall cap/limit of total maximum permissible FSI as given in (vii) below.

(iv) The proposed development shall be further subject to such conditions as mentioned / prescribed by
the Municipal Commissioner.

(v) Concerned land owner/development/society/company shall not be allowed to operate the public
parking.
(vi) Area covered under parking shall not be counted towards FSI consumption.

(vii) Additional FSI on built up parking area and total permissible FSI including additional FSI shall be as
follows.
Sr. Permissible Total maximum
permissible FSI
No. Location additional FSI on including additional FSI.
built up

parking area.

1. Within the area of 500 mt. from a) Island City = 4.00

precincts of Railway Stations, b) Suburb &

S.T. Bus Depots, Water Jetties & Extended

existing Govt. / Semi Govt. & Suburbs = 3.00

Corporation Offices, Tourist Places Independent as well as


identified by Tourism composite buildings for
50% public parking.
Department, important Religious

Places of Worship (Registered

under Charity Act), etc having

inadequate Public Parking facilities.

2. Remaining area of Gr. Mumbai. 40% a) Island City :-

(i) Independent

Building = 3.50

(ii) Composite

Building = 3.00 For


public parking.
(b) Suburb & Ext.
Suburbs :

(i) Independent

Building = 3.00

(ii) Composite

Building = 2.50

For public parking,

33(25) Additional FSI to Religious building–The Municipal Commissioner may permit the floor space
indices to be exceeded in respect of buildings of religious purposes of registered Public Trust by 0.5
subject to following terms and conditions:–

(i) No objection certificate shall be obtained from concerned police Authority and Collector before
applying for permission.

(ii) Additional FSI shall be used for religious purpose only. However without taking into account the
additional FSI, ancillary residential and ancillary commercial user will be permissible upto 10% of total
plot area.

(iii) The additional FSI shall be permissible to existing authorized religious user subject to structural
stability.

(iv) No condonation in the parking requirements shall be allowed for new construction in case of grant
of such additional FSI. However in other cases i.e. in cases where the extra FSI will be loaded on existing
authorized structures, condonation in the required marginal open spaces and parking may be allowed in
cases of demonstrable hardship, with the permission of Municipal Commissioner.

(v) The additional FSI shall be permissible subject to payment of a premium of 25% of the ready
reckoner Value of the respective year, which premium shall be shared equally by the Government and
the planning Authority.
(vi) The minimum area of plot shall be 250 sq.mt.

(vii) The proposal shall be consistent with the Development Plan Proposals.

34. Transfer of Development Rights:– In certain circumstances the development potential of a plot of
land may be separated from the land itself and may be made available to the owner of the land in
the form of Transferable Development Rights (TDR). These Rights may be made available and be
subject to the Regulations in Appendix VII hereto.

(i) Provision for Proposed Nalla/Nalla widening/Training and appurtenant service roads thereto shall be
considered to be reservation in the Development Plan and if the FSI of such land is not possible to be
consumed on the remaining land as envisaged under regulation 35, with prior approval of the
Government, the owner shall be elligible for grant of TDR on handing over the land free of cost for such
purpose as in Appendix-VII. However, as per the provision of regulation 15 of Appendix VII, the owner
shall be insisted to pay pro-rata charges for cost of construction of compound wall instead of retaining
wall.

Provided that when the Proposed Nalla/Nalla widening/Training and appurtenant service roads thereto
is passing through the lands affected by any other reservation of the Development Plan, then TDR of
the land can be granted only once either for DP Reservation or deemed reservation mentioned above
for nalla etc. Efforts shall be made to cover/to train the nall suitably so that the said land can be used for
its intended purpose as proposed in the Development Plan. However, if such covering of nalla is not
feasible/viable then the nalla and appurtenant service road shall be developed as per the requirement
and the said other reservation of the Development Plan affecting the said land shall be deemed to be
deleted/modified to that extent.

35. Floor Space Index Computation:-

(1) Floor Space Index / Built -up calculations – The total area of a plot shall be reckoned in floor space
index/built -up area calculations applicable only to new development to be undertaken hereafter as
under:-
Plot size in sq.m. Area in sq.m. for FSI Computation

(1) (2)

Residential and Commercial zones

(1) Upto 1000 sq.m. Total area

(2) 1001 to 2500 sq.m. Total area subject to a maximum of 2125 sq.m.

(3) 2501 to 10,000 sq.m. Total area excluding 15 per cent of the area for

recreational/amenity open space vide item (ii) in clause (a) of sub-


Regulation (1) of Regulations 23.

(4) Above 10,000 sq.m Total area excluding 15 percent of the area for recreational open
space under item (iii) of clause (a) of sub-Regulations (1) of
Regulations 23.

However, the area for FSI computation shall be 90% of net area
(after deducting amenity area) in case of change of Industrial user
to Residential user in the suburban area of Greater Mumbai as
specified in Regulation 56(3)(c)(ii) and 57(4) (c)(ii)

(5) Area of the amalgamated Total area subject to following conditions :—


plots (2 or more ) is more than
1) This is applicable only in case of plots where total area of
2125 sq. mt. amalgamated plots is not exceeding 10000 sq. mt.

2) That the amalgamation is proposed after the DCR 1991 have


come into force.

3) That no single plot in the amalgamated plot is larger in size than


2125 sq. mt. and further no individual plot shall have area more
than 50 % of the total amalgamated area.
4) A new and separate property card shall be produced in respect of
amalgamated plots.

5) At least 15% Recreation Ground shall be kept open to sky and


shall be developed as Recreation Ground by plantation of trees.

6) All other provisions of D.C. Regulations shall be followed while


allowing development of such amalgamated plots.

7) If the amalgamated plot is developed by taking

advantage of these Regulations at no time in future any sub -


division would be allowed.

Industrial Zones.

Industrial Plots –

(1) Upto 1000 sq.m. Total area subject to maximum of 900 sq.m.

(2) More than 1000 sq.m. Total area excluding 10 per cent out of the area for

recreational/amenity open space vide clause (a) of sub-Regulations


(2) of Regulations 23.

Industrial Layouts –

(1) Plots of 8000 sq.m. or more. Total area excluding area of construction permissible in open space
over 1500 sq.m. according to clauses (a) and (b) of sub-Regulation
(2) of Regulations 23 and excluding 10 per cent out of the area for
recreational/amenity open space vide clause (a) of sub-Regulation
(2) of Regulation 23.

Note:– (i) The occupation certificate for buildings constructed for residential /commercial use shall be
granted by the Commissioner only after recreational area is developed and structure for recreational
activities are actually provided on site.
(ii) In case of Government/Semi-Government Department and Organisations /Public Sectors
Authorities/Undertakings such as the Atomic Energy Department , the Civil Aviation Department
International Airport Authority of India , Defence authorities , Railway authorities and the Mumbai Port
Trust , for computing the available floor space index , the area of lands not designated /reserved but
shown as such in the development plan for the following purpose shall be excluded:-

(a) Playgrounds, stadia, golf courses ;

(b) Parade grounds, training grounds, firing ranges ;

(c) Green areas within their complexes ;

(d) Lands kept open for operational purposes ;

(e) Lands under major internal roads ;

(f) Railway tracks and yards ;

(g) Lands unauthorisedly reclaimed ;

(h) Lands of air-fields and air-strips .

35(2) The following shall not be counted in FSI:-

(i) Areas of structures permitted in recreational open space under clause (g) of sub-Regulation (1) of
Regulations 23.

(ii) Areas covered by features permitted in open spaces as listed in Regulation 30 except for regulation
30(i) (b), 30(ii) (e) (ii) and 30(ii) (f) (ii).

(iii) Areas covered by staircase rooms, lift rooms above topmost storey, staircase/ lift wells and passages
in stilt, basement and floors exclusively used for parking and other ancillary users as permitted in this
regulation No.35(2).

(iv) Areas covered by staircases/ lift wells including lobbies as specified, excluding those covered under
D.C.Regulation No.35 (2) (iii) with special written permission of the Commissioner subject to payment of
premium.
Provided that in the wards of the Island City such exclusion from FSI computation will be available in
respect of buildings to be constructed or reconstructed only, the same being not available for existing
buildings or proposals decided by the Corporation prior to coming into force of these Regulations,

Provided further that where the permissible FSI has not been exhausted in the case of existing buildings
and cases decided by the Corporation prior to coming into force of these Regulations, the exclusion
from FSI computation as in these Regulations will be available for construction of balance potential;

Provided further that the reconstruction scheme under Development Control Regulations No. 33(6)
such exclusion will be permissible as per guidelines here under: –

(i) While working out total existing built up area, the built-up area of existing staircase will not be taken
into account.

(ii) The premium for the area of the staircase and lift-well will be recovered after working out the area of
the staircase and lift-well in the proposed building minus area of the existing staircase, lift-well etc., if
any

(v) Area of the basement used exclusively for parking and other ancillary uses as permitted in regulation
No. 38(9) (iv) (b ,c ,d,& e).

(vi) Area of covered parking spaces as provided in sub-Regulation (5) (a) of Regulation No.36.

Provided, however, the additional parking to the extent of 25% of the required parking may be
permitted with permission of the Commissioner without payment of premium.

Provided further in non-residential building, where entire parking is proposed by mechanical /


automatic means, additional parking to the extent of 10% of the required parking shall be permitted
free of FSI as vehicle holding area.

(vii) Area of one office room of a co-operative housing society or apartment owners association as
provided in sub-Regulation (11) of Regulation 38.

(viii) Lofts [vide sub-Regulation (5) of Regulation 38.]

(ix) Porches [vide sub-Regulation (20) of Regulation 38].


(x) Canopy [vide sub-Regulation (21) of Regulation 38].

(xi) Area of structures for an effluent treatment plant as required to be provided, as per the
requirements of the Maharahstra Pollution Control Board or

other relevant authorities:

Provided, however, in the case of an existing industry, if no vacant land is available the Commissioner
may permit the structures with dimensions to be approved by him for such effluent treatment plant on
10 per cent amenity open space.

(xii) A chajja, cornice, weather shade, sun-breaker; at lintel level only; projecting not more than 1.2 m.
from the face of the building as provided in sub regulation no. 30 (ii) (e)(i).

Further Chajja, Cornice, Weather Shade, sun breaker or other ornamental projections etc. shall be
permissible upto 0.3 mt. in Gaothan area for the plots adm. upto 250 sq.mts

(xiii) A chajja, cornice, weather shade, sun-breaker over a balcony or gallery, as provided in sub
regulation no. 30 (ii)(f)(i)

(xiv) Area covered by pump rooms, electric substations.

(xv) Area covered by new lift and passage thereto in an existing building with a height upto 16m. in the
Island City [vide clause (iv) of sub-Regulation (19) of Regulations 38]

(xvi) Area of a covered passage of clear width not more than 1.52m (5ft.) leading from a lift exit at
terrace level to the existing staircase so as to enable descend to lower floor in a building to reach
tenements not having direct access to a new lift in a building without an existing lift.

(xvii) Area of one fitness centre for a Co-Op. Housing Society or Apartment Owners Association as
provided in sub-regulation 38(32).

(xviii) The fire chutes as provided under D.C. Regulation no. 44(8)

(xix) The refuge areas subject to D.C. Reg. 44(7)

(xx) Fire Check floor / Service Floor of height not exceeding 1.8 mt.
(xxi) Entrance lobbies in stilted portion, height not exceeding 7.2 mt..

(xxii) Open to sky swimming pool at the terrace above the top most storey or on the top most podium
only.

(xxiii) Area of the service ducts abutting Sanitary Block not exceeding 1.2 Mtr. in width. In case of high
rise buildings higher width/size as per requirement and design approved by Commissioner but not
exceeding 2.0 mts.

(xxiv) Ornamental projection of glass facade/glazing not exceeding 0.30m from building line for non-
residential building.

(xxv) Area covered by chimney, elevated tanks (provided its height below the tank from the floor does
not exceed 1.5 m)

(xxvi) Area of sanitary block for use of domestic servants engaged in the premises, not exceeding 2.2
sq.mts at staircase mid-landing level and at stilt, parking floor level.

Note:–

(i) Areas covered by the projections exceeding those specified in clauses xii, xiii, xxiii and xxiv above shall
be counted in FSI.

(ii) Open to sky swimming pool at any level other than (xxii) above, excluding at ground level as provided
in D.C. regulation 30 (ii), shall be counted in FSI.

(iii) Any passage by whatever name not covered under D.C.R. 35(2) shall be counted in FSI.

35(3) The following shall be counted in FSI:-

(i) Covered parking spaces as provided under Regulation no. 36 (5)(d)

(ii) Area of fire escape balcony as provided in regulation 44(5)

(iii)Area of Sanitary block for the use of domestic servants engaged in the premises, other than at
staircase mid-landing level, Stilt level, parking level.
(iv) Part / Pocket / Covered terraces, for whatever purpose, except open terrace above the top most
storey and the part terrace at top most storey due to planning constraints but accessible from common
staircase.

(v) Area below open to sky swimming pool, clearance exceeding 1.5 Mtr. From floor level.

(vi) Air condition plant room / Air handling unit room, meter room, D.G. set-room except provided in
basement.

(vii) Fire check floor / service floor of height exceeding 1.8 mt.

(viii) Area of balconies as provided in sub regulation 22 of Regulation 38.

(ix)Niches below window sill.

(x) Area of one public telephone booth and one telephone exchange (PBX) room per building.

(xi) The ornamental projection, including the voids, flower beds, etc. projecting from the face of the
building except at the terrace level.

(xii) Ornamental projection, flower bed etc. over a balcony or gallery.

(xiii) Area of one room for installation of telephone concentrators as per requirements of Mahanagar
Telephone Nigam limited.

(xiv) Area of a separate letter box room on the ground floor of residential and commercial buildings.

(xv) Covered areas required on top terrace for antenna / dish antenna / communication tower used for
Telecom (basic cellular or satellite telephone) or ITE purposes, V-Sat, Routes, Transponders or similar IT
related structure or equipment , in excess of 20.00 sq.mts.

(xvi) The parking floor in excess of required parking under these regulations [35(2)(vi)]. Deck parking
inclusive of Car lifts and passages thereto on habitable floors.

(xvii) Driver’s room / sanitary block on podium and or parking floor.

(xviii) Covered swimming pool.


D.C. Regulation 35(4)

Compensatory Floor Space Index (FSI):- Notwithstanding anything contained in the D.C. Regulations 32,
33 & 34, the Commissioner may, by special permission, permit fungible compensatory Floor Space
Index, not exceeding 35% for residential development and 20% for Industrial/Commercial development,
over and above admissible Floor Space Index, by charging a premium at the rate of 60%, 80% and 100%
of the Stamp Duty Ready Reckoner Rate, for Residential, Industrial and Commercial development
respectively.

Provided in case of redevelopment under regulation 33(7),33(9) & 33(10) excluding clause no.3.11 of
Appendix-IV of Development Control Regulation 1991, the fungible compensatory F.S.I. admissible on
rehabilitation component shall be granted without charging premium.

Provided further that redevelopment under D.C. regulations no. 33(5) and redevelopment proposal of
existing buildings in suburbs and extended suburbs by availing TDR, the fungible compensatory F.S.I.
admissible on F.S.I. consumed in existing structure shall be granted without charging premium.

Provided further that such fungible compensatory FSI for rehabilitation component shall not be used
for free sale component and shall be used to give additional area over and above eligible area to the
existing tenants / occupants.

Provided, that this regulation shall be applicable in respect of the buildings to be constructed or
reconstructed only.

Explanatory Note:-

(i) Where IOD/IOA has been granted but building is not completed, this regulation shall apply only at
the option of owner /developer;

(ii) For plots/ layouts, where IOD is granted for partial development, this Regulation will apply for the
balance potential of the plot,

(iii) The fungible FSI is useable as regular FSI;


Provided, further, the development in Coastal Regulation Zone (CRZ) areas shall be governed by the
Ministry of Environment & Forests Notification issued from time to time.

Note:- The premium amount collected shall be kept in a separate Account to be utilized for
infrastructure development.

36. Parking Spaces:- Wherever a property is developed or redeveloped ,parking spaces at the scale laid
down in these Regulations shall be provided. When additions are made to an existing building, the
new parking requirement will be reckoned with reference to the additional space only and not to
the whole of building but this concession shall not apply where the use is changed.

(1) General Space Requirement -(i) Types -The parking spaces mentioned below include parking spaces
in basements or on a floor supported by stilts, or on upper floors, covered or uncovered spaces in the
plot and lock-up garages.

(ii) Size of Parking Space.-The minimum sizes of parking spaces to be provided shall be as shown below:-

Type of Vehicle Minimum size/Area of parking

Space

(a) Motor vehicle 2.5 m X 5.5 m.

(b) Scooter, Motor-cycle 3 sq.m.

(c) Bicycle 1.4 sq.m.

(d) Transport Vehicle 3.75 m. X 7.5 m.

Note:- In the case of parking spaces for motor vehicles, upto 50 per cent of the prescribed space may
be of the size of 2.3 m X4.5 m.

(iii) Marking of Parking Spaces.-Parking spaces shall be paved and clearly marked for different types of
vehicles.

(iv) Manoeuvring and other ancillary Spaces.- Off-street parking space must have adequate vehicular
access to a street, and the area shall be exclusive of drives, aisles and such other provisions required for
adequate manoeuvring of vehicles.
(v) Ramps for Basement Parking:-Ramps for parking in basements should conform to the requirements
of sub-regulations (18) of Regulation 38.

(2) Quantitative Requirements.- Four wheeled auto-vehicles.-Parking spaces for four wheeled auto
vehicles shall be provided as in Table 15 below, any fractional space of more than half resulting from the
ratios in column (3) thereof being rounded off upward to the nearest integer.

TABLE 15

Off Street Parking Spaces


Serial Occupancy Parking Space required

No.

(1) (2) (3)

1. (i) Residential (A) In Malbar Hill, Cumballa Hill & for and Colaba areas in South
Mumbai, Palli Hill, Bandra, Juhu-Ville Parle Development
Scheme, Sasoon Dock & Jagmohandas Marg, (Nepean Sea Road).

One Parking Space for every:-

a) Tenement with a carpet area upto 22.5 sq.mt

b) 2/3rd tenement with carpet area exceeding 22.5 sq.mt. but


not exceeding 45 sq.mt.

c) 1/3rd tenement with carpet area exceeding 45

sq.mt. but not exceeding 100 sq.mt.

d) 1/4th tenement with carpet area exceeding 100

sq.mt.

In addition to parking spaces specified in

(a),(b) (c) and (d) above, parking spaces for visitors shall be
provided to the extent of at least 25% of the number stipulated
above subject to a minimum of one.

Provided that for the redevelopment under

Regulation 33(5), 33(6), 33(7), 33(9), 33(10) &

33(14) the parking shall be as follows:-


One parking space for every.

a) Tenement with a carpet area upto 45 sq.mt.

b) 2/3rd tenement with carpet area exceeding 45

sq.mt. but not exceeding 100 sq.mt.

c) 1/2 tenement with carpet area exceeding 100

sq.mt.

In addition to parking spaces specified in

(a),(b) and (c) above, parking spaces for visitors shall be provided
to the extent of at least 25% of the number stipulated above
subject to a minimum of one.

(B) In the rest of the Island City areas, Suburbs and Extended
Suburbs;

One parking space for every.

a) 4 tenements having carpet area upto 35 sq.mt. each.

b) 2 tenements with carpet area exceeding 35 sq.mt. but not


exceeding 45 sq.mt. each

c) 1 tenement with carpet area exceeding 45

sq.mt. but not exceeding 70 sq.mt

d) 1/2 tenement with carpet area exceeding 70 sq.mt.

In addition to the parking spaces specified in


(a), (b) (c) & (d) above, parking for visitors shall be provided to the
extent of at least 25 per cent of the number stipulated above,
subject to minimum of one.

Provided that for the redevelopment under

Regulation 33(5), 33(6), 33(7), 33(9), 33(10) & 33(14) the parking
shall be as follows.

One parking space for every.

a) 8 tenements having carpet area upto 36 sq.mt. each

b) 4 tenements with carpet area exceeding 35 sq.mt. each

c) 2 tenements with carpet area exceeding 45 sq.mt. but not


exceeding 70 sq.mt. each.

d) 1 tenement with carpet area exceeding 70 sq.mt.

In addition to the parking spaces specified in (a), (b), (c) & (d)
above, parking spaces for visitors shall be provided to the extent
of at least 25 per cent of the number stipulated above, subject to
minimum of one

(ii) For all starred One parking space for every 60 sq.mt. of total floor area.

category hotels

(iii) For lodging One parking space for every 120 sq.mt. of total

establishments. floor area of a lodging establishment.

iv) For Grade I, II and III One parking space for every 60 sq.mt. of total floor area of a
Hotels lodging establishment.
a) For Grade I hotels and eating houses, one parking space for
every 12.5 sq.mt. of area of

residential including hall, dining room, pantry

and bar.

b) For Grade II and III hotels and eating houses, one parking
space for every 40 sq.mtr. of restaurant including hall, dining
room, pantry & bar

2. Educational One Parking space for 35 sq.mt. carpet area of

the administrative office area and public service area.

3. Assembly and assembly a) One parking space for 12 seats / persons.


halls or auditorium
b) Without fixed seats, one parking space for
(including those
educational uses and every 15 sq.mt. of floor area.
hostels).
c) For canteen, bar and restaurant additional

parking required under these Regulations for other permissible


users as per provisions made herein for such purposes shall be
provided.

4. Government or semi- One parking space for every 37.5 sq.mt. of office space upto
public or private office 1500 sq.mt. and for every 75 sq.mt. of additional space for areas
business buildings. exceeding 1500 sq.mt. in other areas.

5. Mercantile (Markets, One parking space for every 40 sq.mtr. of floor area upto 800
sq.mt. and one parking space for
Department, stores,
shops and other every 80 sq.mt. of space for areas exceeding 800 sq.mt. provided
that no parking space need to be provided for floor area upto 50
commercial users) (I.T. sq.mt.
Parks)

6. Industrial One Parking space for every 150 sq.mt.

thereof subject to a minimum of two spaces

7. Storage One Parking space for every 150 sq.mt. thereof to a minimum of
two spaces

8. Hospitals and Medical One parking space for every 150 sq.mt. of total floor area, except
Institutions that it would be one parking space for every 600 sq.mt. of the
total floor area in the case of Govt. and Municipal Hospitals and
Medical institutions. In addition, one parking space for
ambulance parking measuring 10 mt x 4 mt for hospitals or
medical institutions with bed strength of 100 or more

9. Cinemas and theatres Parking spaces equivalent to eight per cent of the total number
of seats with additional parking as otherwise also required for
other permissible users in conjunction with that of
cinema/theatre.

10. Shopping (not included One parking space for 150 sq.mt. of total floor area in the case of
under Mercantile shopping user with each shops upto 20 sq.mt. in area (i.e. in
Occupancy). convenience shopping) and one parking space for 50 sq.mt. of
total floor area for shops each over 20/30 sq.mt. area.

11. Stadia and Clubs One parking space for every 100 seats plus additional parking as
(included under in these Regulations for occupancies like those of restaurants,
Assembly Occupancy.) etc. with such stadia or clubs

Note.- In reconstruction schemes under the Maharashtra Housing and Area Development Act,
1976, not involving change of use in the Island City and in gaothan areas elsewhere , on narrow plots
upto 9m. in width, the requirement of parking spaces shall not be insisted upon.
(3) Other vehicles.-For all non-residential, assembly and non-assembly occupancies,10 per cent
additional parking spaces, subject to a minimum of two spaces shall be provided in addition to what is
prescribed in these Regulations.

(4) Transport Vehicles .- In addition to the parking spaces provided for mercantile (commercial) buildings
like offices, markets, department stores and for industrial and storage buildings, parking spaces for
transport vehicles shall be provided at the rate of one space for each 2000 sq.m. of floor area or fraction
thereof exceeding the first 400 sq.m. of floor area. The space shall not be less than 3.75 m x 7.5 m. in size
and more than 6 spaces need not be insisted upon.

(5) Parking Spaces: Where to be accommodated-The parking spaces may be provided,-

(a) underneath the building, in basements, podiums, within its stilted portion, or on upper floors if
exclusively used for mandatory parking.

Note:- (i) The deck parking inclusive of car lifts & passages thereto shall be counted in FSI.

(ii) Additional parking floor in excess of required parking shall be counted in FSI subject to the provision
of D.C.R.35(2)(vi).

(iii) In non-residential building, where entire parking is proposed by mechanical / automatic means,
additional parking to the extent of 10% of the required parking shall be permitted free of FSI as vehicle
holding area.

(b) in the side and rear open spaces, but not in the amenity open spaces, if,-

(i) they are unenclosed but uncovered except as provided in (d) below;

(ii) they do not consume more than 50 percent of the open space;

(iii) a minimum distance of 3.0 m. around the building is kept free of parking for proper maneuverability
of vehicles;

(iv) they are at least 7.5 m. from the road boundary in case of detached covered garages;

(v) the parking layouts meet the requirements of the Chief Fire Officer in the case of multi- storeyed,
high rise and special buildings.
(c) in a residential zone, beyond the compulsory side and rear open spaces stipulated in sub-regulations
2 of Regulation 26, if other conditions under sub-rule (b) above are satisfied. Here the parking space
may be an unenclosed covered space.

(d) in a residential zone and a residential zone with shop line, with covered parking garages with open
type enclosures of a size of 2.5 m. X 5.5 m. with a height of 2.75 m. above ground level, at the rate of one
covered garage for every 400 sq.m. or part thereof of plot area, in side or rear open spaces, at a distance
of not less than 7.5 m. from any street line or the front boundary of the plot:

Provided that the same is 1.5 m. from the building and the condition in (b) (v) above is complied with.

(6) Cinemas, Theatres and Assembly Halls:- Subject to the provisions of sub regulation (5) above, in sites
of cinemas, theatres, auditoria and assembly halls, one row of uncovered parking may be allowed in the
front margin space of 12 m. or more, if the clear vehicular access way is not reduced to less than 6 m.

(7) Common Parking Space.-If the total parking space required by these regulations is provided by a
group of property owners for their mutual benefit, such use of this space may be construed as meeting
the off-street parking requirements under these Regulations subject to the approval of the
Commissioner. If such common parking space is proposed for a group of buildings, the owners of such
buildings shall submit a layout thereof and also a registered undertaking stating that the area
earmarked for the parking space will not be built upon.

PART III

GENERAL BUILDING REQUIREMENTS

37. General.-

Space requirements of various parts of Buildings etc:-This Part sets out the standard space
requirements of various parts of a building and house of light and ventilation, the building services, fire
safety, etc. Some of these items depend on the number of persons who would normally occupy the
building, for which the occupant load should be worked out from Table 17 hereunder:

TABLE 17
Occupant Load

Serial Type of Occupancy Occupant load per 100


sq.m. of plinth or covered
No area

(3)

(1) (2)

1. Residential 8

2. Educational 25

3. Institutional 6.6*

4. Assembly :

(a)With fixed or loose seats and dance floor 166.6**

(b)without seating facilities including dining rooms

66.6**

5. Mercantile :

(a)Street floor and sales basement 33.3

(b)Upper sale floors 16.6

6. Business and Industrial 10

7. Storage 3.3

8. Hazardous 10
*The occupant load in dormitory portions of homes for the aged, orphanages or mental hospitals etc.
where sleeping accommodation is provided, shall be calculated at not less than 13.3, persons per 100
sq.m.

** The plinth or covered area shall include, in addition to the main assembly room or space, any occupied
connecting room or space in the same storey or in the storeys above or below where entrance is
common to such rooms and spaces and they are available for use by the occupants of the assembly
place. No deductions shall be made in the plinth/covered area for corridors, closets and other sub-
divisions; that area shall include all space serving the particular assembly occupancy.

38. Requirements of parts of buildings-

(1) Plinth.-The plinth or any part of a building or outhouse shall be so located with respect to the
surrounding ground level that adequate drainage of the site is assured.

(i) Main Building.-The height of the plinth shall not be less than 30 cm above the surrounding ground
level. In areas subject to flooding, the height of the plinth shall be at least 60cm above the high flood
level.

(ii) Interior court-yards, covered parking spaces and garages.-These shall be raised at least 15cm.above
the surrounding ground level and shall be satisfactorily drained.

(2) Habitable Rooms-(i) Size and Width -The minimum size and width shall be as given in the table 18
hereunder.

Table 18

Minimum size and width of Habitable Rooms


Serial Occupancy Minimum size in Minimum width in
sq.m. m.
No.
(3) (4)
(1) (2)

1. Any habitable room 9.5 2.4

2. Rooms in a two-room tenament –

(a)one of the rooms 9.6 2.4

(b)other room 7.5 2.4

3. Rooms in a two-room tenament of

a site and services project –

(a)one of the rooms 9.3 2.4

(b)other room 5.6 2.3

4. Single-bedded room in a hostel of a recognised


educational institution.
7.5 2.4

5. Shop 6.0 Ö.
6. Class room in an educational building 38.0 5.5

or area at the rate


of 0.8 sq.m. per
student,

whichever is more

7. Institutional building-

(a) special room 9.5 3.0

(b) general ward 40.0 5.5

8. Cinema hall, theatre, In conformity with the Maharashtra


Cinema Rules.
auditorium, assembly hall, etc.

Provided that in sites and services projects, a room of 5.6 sq.m. with a toilet arrangement may be
allowed in the first phase, and in the second phase, another room 9.3 sq.m. may be added.

Provided further that an additional bedroom for occupancy of a single person with a size of 5.5 sq.m.
with a minimum width of 1.8 m. may be permitted.

(ii) Height.- (i)The minimum and maximum height of a habitable room shall be as given in Table 19
hereunder:-

(ii) Notwithstanding the above restriction as stated in Table 19, any telematic equipment storage
erection facility can have a height as required for effective functioning of that system

Notwithstanding the above restrictions as stated in Table 19, for cinema/TV films production, shooting,
editing, recording studios, more height as required for their effective functioning shall be permitted
TABLE 19

Height of Habitable Room


Sr. Occupancy Minimum Maximum height

No. height (in (in meter)


meters)

(1) (2) (3) (4)

1. Flat roof.

(a) Any habitable room 2.75 3.9

(b) Habitable room in High Density 2.6 3.9

Housing

(c) Air-conditioned habitable room. 2.4 3.9

(d) Assembly halls, residential 3.6 4.2

hotels of 3 Star category and above, subject to the written


institutional, educational, industrial, hazardous permission of the
or storage occupancies, departmental stores, Commissioner greater
malls, I.T. buildings, office buildings, entrance height
halls and lobbies to department stores and
assembly halls. may be permitted.

e) Shops. 3.0 3.9

2. Pitched roof:-
(a) Any habitable room 2.75 3.9

(average with (average with 2.8 M at


2.1 M at the the
lowest point)
lowest point).

(b) Habitable room in High Density 2.6 3.9

Housing. (average with (average with 2.7 M at


2.0 M at the the

lowest lowest point).

point).

Provided that- (i) The minimum clear head-way under any beam shall be 2.4 m.

(ii) In all occupancies except those included in Sr. No. 1 (d) in the table above, any height in excess of 3.9
Mtr. shall be deemed to have consumed an additional F.S.I. of 50% of the relevant floor area.

(iii) other requirements.- One full side of a habitable room must abut an exterior open space same as
provided in sub-regulation (9) of Regulation 29.

(3) Kitchen.-(i) Size-(a) General.- The area of a kitchen shall not be less than 5.5 sq.m. with a minimum
width of 1.8 m. but in a two room tenement the minimum area of the room to be used as a kitchen shall
be 7.5 sq.m. with minimum width of 2.1 m.

(b) High Density Housing.- No kitchen need be provided. An alcove (cooking space with direct access
from the main room without a communicating door) will suffice; its size shall not be less than 2.4 sq.m.
with a minimum width of 1.2m. If a separate kitchen is provided, it shall be at least 4 sq.m. in area with a
minimum width of 1.5 m.

(ii) Height.- The height of a kitchen shall be the same as that of a habitable room as stipulated in clause
(ii) of sub-Regulation (2) of this Regulation.

(iii) Other Requirements.- Every room to be used as a kitchen shall have-

(a) unless separately provided in a pantry, means for the washing of kitchen utensils which shall lead
directly or through a sink to a grated and trapped connection to the waste pipe;

(b) on an upper floor, an impermeable floor;

(c) at least a window not less than 1 sq.m. in area, opening directly on to an interior or exterior open
space, but not into a shaft [see sub regulation (2) of Regulation 42]; and

(d) in residential buildings more than 24m. high, refuse chutes.

(4) Bathroom and water closets.-Bathrooms and water closets shall be provided at the following scale,-

(i) Size.- (a) General.- The area and floor dimension of a bathroom or water closet shall not be less than
the values given below:-

Type Area Side

(in sq.m.) (in sq.m.)

(i) Bathroom 1.5 1.1

(ii) Water closet (WC) 1.1 0.9

(iii) Combined bathroom and Water Closet (W.C) 2.2 1.1


A sanitary block consisting of a bathroom and water closet for each wing of each floor at each staircase
level of the building for the use of domestic servants engaged on the premises may be permitted by the
Commissioner.

(ii) High Density Housing and Low Cost Housing.- The minimum dimensions of an independent
bathroom shall be 1.3m.X1.1m. and for combined bathroom and water closet (WC) the size shall be 2
sq.m. with minimum width of 1.1m.

(iii) Height.-The height of a bathroom or a water closet measured from the surface of the floor to the
lowest point of the ceiling (bottom of slab) shall be not less than 2.2m.

(iv) Other Requirements- (a) Every bathroom or water closet shall be so situated that at least one of its
walls shall abut on to an exterior open space or an interior/exterior chowk of the size specified in clause
(a) of sub-regulation (3) of Regulation 29 or a ventilation shaft of the size specified in sub-regulation (2)
of Regulation 42 with the openings (windows, ventilators, louvers) not less than 0.3 sq.m. in area or 0.3
m in width.

(b) No bathrooms or water closet shall be situated directly over any room other than another water
closet, washing place, bathroom or terrace unless the said floor is made impervious with adequate
water-proofing treatment. However, in no case shall a water closet or bathroom be provided over a
kitchen.

(c) Every bathroom or water closet shall have the platform or seat or flooring made of watertight non-
absorbent material.

(d) It shall be enclosed by walls or partitions and the surface of every such wall or partition shall be
finished with a smooth impervious material to a height of not less than 1m. above the floor of such a
room.

(e) It shall be provided with an impervious floor covering sloping towards the drain with a suitable grade
and not towards a verandah or any other room.

(f) No room containing water closets shall be used for any purpose except as a lavatory.

(g) Every water closet and/or a set of urinals shall have a flushing cistern of adequate capacity attached
to it. In High Density Housing, however, no such flushing cistern need be provided.
(h) In High Density Housing, pour flush water seal latrines (NEERI type) may be permitted when the
municipal sewerage system is not available and the water table in the area is not high.

(i) All the sewerage outlets shall be connected to the municipal sewerage system. Where no such
system exists, a septic tank shall be provided within the plot conforming to the requirements of sub-
regulation 30 of Regulation 38.

(5) Loft:– (i) Location: Lofts may be provided over kitchens, habitable rooms, bathrooms, water closets
and corridors within a tenement in residential building, in shops and in industrial buildings.

(ii) Height :-The height of the loft shall not be more than 1.5 Mtr. If it exceeds 1.5 Mtr. shall be counted
towards F.S.I.

(iii) The lofts in non-residential buildings shall be located at least 2 mts. away from the entrance

(6) Mezzanine Floor.- (i) Size:-The aggregate area of mezzanine floor in any room shall not exceed 50% of
the built up area of that room. The size of mezzanine floor shall not be less than 9.5 sq. mt. if it is used as
a living room. The area of the mezzanine floor shall be counted towards FSI. Provided, however, that in
existing authorized buildings having no balance FSI, area of the mezzanine floors constructed prior to
15th August, 1997 without approval may be exempted from FSI with special permission of the
Commissioner subject to the terms and conditions and payment of premium as may be specified by the
Commissioner.

Note:- Lofts having head room more than 1.5 mt. above , it shall be treated as mezzanine floor.

(ii) Height:- The minimum height/head-room above a mezzanine floor shall be 2.2m. The headroom
under a mezzanine floor shall not be less than 2.2m.

(iii) Other Requirements:- A mezzanine floor may be permitted over a room or a compartment, if-

(a) it conforms to the standards of living rooms in regard to lighting and ventilation in case its size is 9.5
sq.m. or more;

(b) it is so constructed as not to interfere under any circumstances with the ventilation of the space over
and under it;

(c) no part of it is put to use as a kitchen;


(d) it is not closed, so that it could be converted into an unventilated compartment;

(e) it is at least 1.8 m. away from the front wall of such room;

(f) access to the mezzanine floor is from within the respective room below only;

(g) where it is in an industrial building, a no objection certificate from the relevant authorities of the
Industries Department is obtained for the additional floor area.

(7) Store Room-(i) Size.-The area of a store room where provided in residential buildings shall not be
more than 3 sq.m.

(ii) Height -The store room shall not be less than 2.2 m. high.

(8) Garage.- (i) size.-The size of a private garage shall not be less than 2.5 m. X5.5 m. or 2.3 mX4.5m. as
provided in clause (ii) and then note under it in sub-regulation (1) of Regulation 36.

(ii) Location.-If not within the building the garage may be located at its side or rear, but at least 7.5 m.
away from any access road.

Explanation.— For purposes of this Regulations, the term “garage” means a detached ground floor
structure in the open space of the plot or on the ground floor or on upper floor of a building and
intended for parking or shelter of mechanically controlled vehicles but not for their repairs.

(iv) Other Requirements.-Lock-up garages when within the building shall be of such construction as will
give fire resistance of 2 hours.

(9) Basement- (i) The basement shall not be constructed in the required front open space under DCR 29.
The open space from the other boundaries of the plot shall not be less than 1.5 Mtr. It may be at one
level or more.

(ii) Height.- The height of the basement from the floor to the underside of the roof-slab or ceiling or
under side of a beam when the basement has a beam shall not be less than 2.4 m.

(iii) Ventilation.- The extent of ventilation shall be the same as required by the particular occupancy for
which the basement is used. Any deficiency must be made good by resort to a mechanical system, viz.
blowers, exhaust fans, air-conditioning system, according to the standards in Part VIII Building Services
Section I- Lighting and Ventilation, National Building code.

(iv) Uses permitted:- A basement may be put to the following uses only:

(a)(i) Storage of household or other non hazardous goods; (ii) Store rooms, bank lockers or safe deposit
vaults;

(b) Air conditioning equipment /AHU and other machines used for services and utilities of the building;

(c) Parking spaces;

(d) D.G. set room, meter room and Electric sub station (which will conform to required safety
requirements);

(e) Effluent Treatment Plant, suction tank, pump room.

Provided that the users mentioned at (a) above shall be permitted in the 1st basement only by counting
in F.S.I. subject to the following conditions:-

(i) All requirements regarding access, safety (including fire safety), ventilations etc. shall be complied
with.

(ii) All the planning standards (particularly as regarding parking) should be strictly adhered to.

(v) Other Requirements.-Every basement shall meet the following specifications:-

(a) The ceiling of an upper basement shall be at least 0.9 m. and not more than 1.2 m above the average
surrounding ground level.

(b) Adequate arrangements shall be made to ensure that surface drainage does not enter the basement.

(c) The walls and floors of the basement shall be water-tight and the effect of the surrounding soil and
moisture , if any ,should be taken into account in design and adequate damp-proofing treatment shall be
given.
(d) Any access to the basement through a staircase or pedestrian ramp shall meet requirements of
clause (18) of this Regulation. Open ramps may be permitted in the open spaces except in the front open
space subject to (b) above and the fire protection requirements.

(e) Any access to the basement through vehicular ramps shall meet the requirements of item, (ii) of
clause (18) of this Regulations.

(10) Cabin:- Where cabins are provided, a clear passage not less than 0.9 m. wide will be maintained. The
size a cabin shall not be less than 3 sq. m. and the distance from the farthest space of cabin to the
nearest exit shall not be more than18.5 m. If the cabin does not derive direct light and ventilation from
any open spaces/mechanical means, its maximum height shall be 2.2 m.

(11) Office Room:- In every residential building, constructed or proposed to be constructed for the use
of a co-operative housing society or an apartment owners’ association, an office room will be permitted
on the ground floor or floor 1. In an already developed property, it may be on an upper floor. The area of
the room shall be limited to 12 sq. m., if the number of tenements in the building does not exceed 20 and
to 20 sq. m. otherwise.

(12) Letter Box Room: – A separate letter box room or otherwise of appropriate dimensions shall be
provided on the ground floor of residential and commercial building.

(13) Meter Room :- An independent and ventilated meter (service) room directly accessible from the
outside shall be provided on ground floor and/or on upper floors, according to the requirements of the
electric supply undertaking. The door to the room shall have fire resistance of not less than two hours.

(14) Refuse Chute :- In all multi-storeyed or high rise residential buildings, a refuse chute shall be
provided with openings on each floor.

(15) Corridor :- The minimum width of a common corridor shall be as shown in Table 20 hereunder.
Provided that any corridor identified as an exit (vide Regulations 43) shall also conform the
requirements therein.

(16) Door:- Doors shall conform to the under mentioned provisions, In addition, in order to satisfy fire-
fighting requirements, any doorway identified as an exit shall conform to the requirements stipulated in
Regulation 43, –
(i) Width- A door shall be at least 0.9 m. wide, except that doors to bathrooms, water closets or stores
may at least be 0.7 m. wide.

(ii) Height :- The minimum height of a doorway shall be 2 m.

(17) Stairway :- Stairways shall conform to the following provisions in addition to items (i) to (vii) below.
In addition, in order to satisfy fire-fighting requirements, any stairway identified as an exit stairway shall
conform to the requirements stipulated in Regulation 43.

(i) Width :- The minimum width of a staircase other than a fire escape shall be as given in Table 20
hereunder.

TABLE 20

Minimum Width of Common Stairways/Corridors for various Occupancies


Serial Type of occupancy Minimum width of stair
No. case/stairway/corridor

(in meters)

(1) (3)
(2)

1. Residential buildings-

(a) General 1.2

(b) Row Housing (2 storeys) 0.75

(c) Hotels 1.5

2. Educational buildings-

(a) Upto 24 m. high 1.5

(b) Over 24 m. high 2.0

3. Institutional buildings (i.e. hospitals)-

(a) Upto 10 beds 1.5

(b) Over 10 beds 2.0

4. Assembly buildings- 2.0

5. Mercantile, business, industrial, storage, hazardous 1.5


buildings

(ii) Flight.- No flight shall contain more than 12 risers, but in residential buildings, in narrow plots and in
High Density Housing a single flight staircase may be permitted.

(iii) Risers.- The maximum height of a riser shall be 19 cm. in a residential building, and 16 cm. in any
other occupancy. However, on an internal stairway within a dwelling unit a riser may be 25 cm. high.
(iv) Treads.- The minimum width of the tread without nosing shall be 25cm. for staircases of a residential
building, other than fire escapes. In other occupancies, the minimum width of the tread shall be 30cm. It
shall have a non-slippery finish and shall be maintained in that fashion.

(v) Head-room – The minimum head-room in a passage under the landing of a staircase and under the
staircase shall be 2.2m.

(vi) Floor Indicator.- The number of each floor shall be conspicuously painted in figures at least 15cm.
large on the wall facing the flights of a stairway or at such suitable place as is distinctly visible from the
flights.

(vii)Hand rail.- Handrails with a minimum height of 0.9m. from the centre of the treads shall be provided.

(18) Ramps.- (i) Ramps for pedestrians- (a) General-The provision applicable to stairways shall generally
apply to ramps. A ramp in a hospital shall not be less than 2.25m. wide. In addition, to satisfy the fire-
fighting requirements, a ramp shall conform to sub-regulation (6) of Regulation 43.

(b) Slope.- A ramp shall have a slope of not more than 1 in 10. It shall be of non-slippery material.

(c) Handrail.- A handrail shall be provided on both the sides of the ramp.

(ii) Ramps for basement or storeyed parking.- For parking spaces in a basement and upper floors, at least
two ramps of adequate width and slope shall be provided preferably at the opposite ends. Such ramps
may be permitted in the side and rear marginal open spaces after leaving sufficient space for movement
of fire-fighting vehicles subject to the provision of sub-regulation (6) of Regulation 43.

(19) Lifts.- Lifts shall conform to the provisions given below and to the provisions of sub-regulation (2) of
Regulation 46.

(i) At least one lift shall be provided in every building more than 16m in height. In case of buildings more
than 24m high at least two lifts shall be provided. However, in the case of a proposal to add one
additional floor to an existing building having a lift, it will not be necessary to raise the existing lift to the
additional floor.

Provided that in the case of an existing building with height of 16m or above one additional floor may be
permitted without insisting on a lift in the case of chawl like structures. The same concession would be
available for buildings with apartment accommodation provided the additional floor space is limited to
120 sq.m. The total height shall not exceed 16m or ground and five upper floors.

(ii) In the case of buildings more than 24m high at least two lifts shall be provided for every dwelling
except those situated on the ground and first floor without having to climb or to go down more than one
floor:

Provided that in the case of a building with ground floor stilts for parking facilities and serving upper
floors not exceeding 22.5m. in height (measured from the ground floor to the top floors), the provision
of a second lift may not be insisted upon.

(iii) Other requirements.-

(a) The number, type and capacity of lift shall satisfy the requirements of Sec.5- Installation of Lifts and
Escalators. National Building Code of India.

(b) At ground floor level, a grounding switch shall be provided to enable grounding the lift cars in an
emergency.

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

(d) The number of each floor shall be conspicuously painted in figures at least 15cm. large on the wall
opposite the lift/lifts opening or on other suitable surface so as to be distinctly visible from the lift cage.

(e) In multi-storeyed and high rise residential buildings, one of the lifts installed shall be a freight lift.

(iv) A new lift with passage thereto in an existing building with height upto 16m. in the Island City may
be permitted with the permission of the Commissioner.

(20) Porch.- A porch, if any, shall be at least 1.5 m clear of the plot boundary, shall have a level difference
of 0.3 m. in relation to the level of the floor; the area of a porch upto 5.5m. in length (parallel to the main
building) shall not be counted towards FSI. A parapet wall 0.23m. in height is permissible over a porch.
The Commissioner may permit larger porches for mercantile, hotel and public buildings.

(21) Canopy:- A cantilevered and un-enclosed canopy with level difference of 0.3 m. in relation to
the floor level, may be permitted over each entrance and staircase, if a clear distance of at least 1.5 m is
maintained between the plot boundary and the outer edge of the canopy. The minimum clear height of
the canopy shall be 2.2 m. The Commissioner may permit larger canopies for mercantile, hotel and
public buildings.

(22) Balcony :- In any residential zone (R-1) and residential zone with shop line (R- 2), or in a purely
residential building in any other zone, balconies may be permitted at each floor, excluding the ground
and terrace floors, of an area not more than 10 per cent of the area of the floor from which such balcony
projects subject to the conditions that :-

(i) No balcony shall reduce the minimum marginal open space to less than 3 mt. at the rear and sides and
1.5m in the front. The width of the balcony will be measured perpendicular to the building line and
reckoned from that line to the balcony’s outermost edge.

(ii) The balcony may be enclosed.

(23) Revas Projection :- (i) A revas projection 1.20 m. in width may be permitted in the front open space
when it faces a street 12.20 m. or more in width. To facilitate the construction of a staircase, such revas
projection may be permitted in the side or rear open space provided that such open space is at least
4.5m and the revas projection is limited to a width of 0.75m. and the length of the staircase landing. No
revas projection shall be at a height less than 2.1m above the ground level.

(ii) A revas projection shall not be permissible in the side or rear open spaces of a tower like structure.

(iii) The areas of all revas projections shall be taken into account for the computation of FSI.

(24) Roof :- (i) Effective drainage of rain water :- The roof of a building shall be so constructed or framed
as to permit effectual drainage of the rain water there from by means of rain water pipes at the scale of
at least one pipe of 10cm diameter for every 40 sq.m. of roof area. Such pipes shall be so arranged,
jointed and fixed as to ensure that the rain water is carried away from the building without causing
dampness in any parts of the walls or foundations of the building or those of an adjacent building.

(ii) Connecting rain water to drain or sewer:- The Commissioner may require rain water pipes to be
connected to a drain or sewer through a covered channel formed beneath the public footpath to
connect the rain water pipes to the road gutter or in any other approved manner.

(iii) Manner of fixing rain water pipes: – Rain water pipes shall be affixed to the outside of the walls of
the building or in recesses or chases cut or formed in such walls or in such other manner as may be
approved by the Commissioner.
(25) Terrace – Terraces shall not be sub-divided and shall be accessible by a common staircase.

(26) Parapet.- Parapet walls and hand-rails provided on the edges of the roof terrace, balcony, etc. shall
not be less than 1.15m from the finished floor level and not more than 1.30m. in height above the
unfinished floor level.

(27) Boundary wall and main entrance-(i) Boundary wall-(a) Except with the permission of the
Commissioner, the maximum height of a boundary wall shall be 2.0m above the level of the centre line of
the front street. A boundary wall upto 2.4m. height may be permitted if the top 0.9m is of open type
construction, to facilitate through vision.

(b) At a corner plot, the height of the boundary wall shall be restricted to 0.75m. for a length of 10m. on
the front and side of the inter-section and the balance height of 0.75m. if required in accordance with (i)
above may be made up of open type construction (through railings).

(c)The provisions of (a) and (b) above will not apply to the boundary walls of jails.

(d) In electric sub-stations, transformer stations, institutional buildings like sanatoria, hospitals,
educational buildings like schools, colleges, including hostels, industrial buildings and other uses of
public utility undertakings, a height upto 2.4m may be permitted by the Commissioner

(ii) Main Entrance.-The main entrance to a plot accommodating a multi-storeyed high rise or a special
building shall be at least 4.5m wide and shall be so designed as not to obstruct easy movement of a fire-
engine or truck. The entrance gate to it shall open inside and fold back against the compound wall.

(28) Wells-(i) Location.-No well shall be located-

(a) less than 12m. from any ash pit, refuse pit, sub-soil dispersion (soak pit), earth closet or privy, or on a
site lower than the said earth closet or privy;

(b) under a tree, unless it has a canopy over it so that leave and twigs do not fall into it and rot.

(ii) Other Requirements.- The well shall-

(a) have a minimum internal diameter of 1 m;


(b) be constructed to a height not less than 1m. above the surrounding ground level, to form a parapet or
Kerb and to prevent surface water from flowing in to it and shall be surrounded with paving constructed
of impervious material which shall extend for a distance of not less than 1.8m, in every direction from
the parapet or the kerb forming the well head and the upper surface of such a paving shall be sloped
away from the well;

(c) be of sound and permanent construction (pucca) throughout. A temporary or exposed (kutcha) well
shall be permitted only in fields or gardens for purposes of irrigation;

(d) have the interior surface of its lining or walls rendered impervious for a depth of not less than 1.8m.
measured from the level of the ground immediately adjoining the well-head.

(29) Overhead Tanks.- Every overhead water storage tank shall be maintained in a perfectly mosquito-
proof condition by providing a properly fitting hinged cover and every tank more than 1.5m in height
shall be provided with a permanently fixed iron ladder to enable inspection by anti-malaria staff.

(30) Septic Tanks.- (i) Location and sub-soil dispersion.- A sub-soil dispersion system shall not be closer
than 12m. to any source of drinking water, such as a well, to mitigate the possibility of bacterial pollution
of water supply. It shall also be as far removed from the nearest habitable building as economically
feasible but not closer than 2 m. to avoid damage to the structure.

(ii) Dimensions etc.-

(a) Septic tanks shall have a minimum inner width of 75cm. a minimum depth of one metre below the
water level and a per capita minimum liquid capacity of 85 litres. The length of the tanks shall be at least
twice the width.

(b) Septic tanks may be constructed of brick work, stone masonry, concrete or other suitable material as
approved by the Commissioner.

(c) Under no circumstances should effluent from a septic tank be allowed into an open channel drain or
body of water without adequate treatment.

(d) The minimum nominal diameter of the pipe shall be 100 mm. Further, at junctions of pipes in
manholes, the direction of flow from a branch connection should not make an angle exceeding 45 0
degree with the direction of flow in the main pipe.
(e) The gradients of land-drains, under-drainage as well as the bottom of dispersion trenches and
soakways should be between 1: 300 and 1: 400.

(f) Every septic tank shall be provided with a ventilating pipe of at least 50 mm. diameter. The top of the
pipe shall be provided with a suitable cage of mosquito proof wire mesh. The ventilating pipe shall
extend to a height which would cause no smell or nuisance to any building in the area. Generally , the
ventilating pipe should extend to a height of about 2 m. when the septic tank is at least 15 m. away from
the nearest building and to a height of 2 m. above the top of the building when it is located closer than
15 m.

(g) When the disposal of a septic tank effluent is to a seepage pit, the seepage pit may be of sectional
dimension of 90 cm. and not less than 100 cm in depth below the inner level of the inlet pipe. The pit
may be lined with stone, brick and concrete blocks with dry open joint which should be backed with at
least 7.5 cm. of clean coarse aggregate. The lining above the inlet level should be finished with mortar.
In the case of pits of large dimensions the top portion may be narrowed to reduce the size of the R. C. C.
cover slabs. Where no lining is used, specially near trees the entire pit should be filled with loose stones.
A masonry ring should be constructed at the top of the pit to prevent damage by flooding of the pit by
surface run off. The inlet pipe should be taken down to a depth of 90 cm. from the top as an anti-
mosquito measure.

(h) When the disposal of a septic tank effluent is to a dispersion trench, the dispersion trench shall be 50
to 100 cm. wide excavated to a slight gradient and shall be provided with a layer of washed gravel or
crushed stones 15 to 25 cm. deep. Open joined pipes placed inside the trench shall be made of unglazed
earthenware clay or concrete and shall have a minimum internal diameter of 75 to 100 mm. Each
dispersion trench should not be longer than 30 m and trenches should not be placed closer than 1.8 m.
to each other.

(31) Special Provisions for installation of Water Heating Systems,- Solar Water Heating Systems
should be made in the building for Hospitals, Hotels, Guest House, Police Men / Army Barracks,
Canteens, Laboratories and Research Institutions,Hospitals of Schools and Colleges and other
Institutions.

1. The solar water heating systems should be mandatory in the hospitals and hotels, where the hot
water requirement is of continuous nature. In these buildings, the system must be provided with
auxiliary back-up.

2. The use of solar water heating system is recommended in the following type of buildings in
Government / Semi-Government and Institutional buildings where the hot water requirement may
not be continuous / permanent : –
(1) Guest House.

(2) Police Men / Army barracks.

(3) Canteens.

(4) Laboratory and Research Institutions where hot water is needed.

(5) Hostels, Schools, Colleges and Other Institutes.

The installation of the electrical backup in all such water heating systems shall be optional depending on
the nature of requirement of hot water. It is suggested that solar water heating systems of the capacity
of about 100 liters per day on thermosyphon with necessary electrical back-up be installed at
residential buildings like hostels.

In order to facilitate the installation of the solar water heating systems, the new buildings of aforesaid
types shall have the following provisions:-

(1) All such buildings where solar water heating systems are to be installed will have open sunny roof
area available for installation of solar water heating system.

(2) The roof loading adopted in the design of such building should be at least 50 kg. Per sq. mt. for the
installation of solar water heating system.

(3) Solar water heating can also be integrated with the building design. These can either be put on the
parapet or could be integrated with the south facing, vertical wall of the building. The best inclination of
the Collector for regular use throughout the year is equal to the local latitude of the place. The Collector
should be facing south. However, for only winter use, the optimum inclination of the Collector would be
(latitude + 15 degrees of the south).

(4) All the new buildings of aforesaid types to be constructed shall have an installed hot water line from
the roof top and also insulated distribution pipelines to each of the points where hot water is required in
the building.

(5) The capacity of the solar water heating system to be installed on the building shall be described on
the basis of the average occupancy of the buildings. The norms for hospitals, hotels and other functional
buildings are given below:-
Sr. No. Type of Buildings Per capita capacity

recommended

(litres per day).

1 Hospitals 100

2 Hotels 150

3 Hostels & other such buildings 25

4 Canteen As required

5 Laboratory & Research Institutions As required

(6) An open area of 3 sq. mt. would be required for installation of a Collector which supplies about 100
liters of water per day. At least 60 per cent of the roof area may be utilised for installation of the system.

(7) The specification for the solar water heating system laid down by the Ministry of Non-Conventional
Energy Sources can be followed. Flat plate Collector confirming to IS No. 12933 shall be used in all such
solar water heating systems.

Note 1:- The Commissioner may add to the list of buildings mentioned above on which installation of
solar water heating systems can be made mandatory.

Note 2:- The Commissioner may insist on installation of Collectors on the terraces of the buildings for
harnessing solar energy for purposes other than water heating as well.

(32) In every residential building, either existing or constructed or proposed to be constructed for the
use of a existing or proposed Co-Operative Housing Society or an Apartment Owners Association, a
fitness centre including toilet facilities will be permitted subject to following conditions:-

(i) The application for the proposed fitness centre shall be made by the Registered Co-Operative
Housing Society/Apartment Owners Association of the building which are given occupation
certificate/B.C.C.
(ii) The area of such centre shall be allowed free of FSI equivalent to 2(two) percent of the total built up
area for every building subject to a condition that, it shall not be less than 20 sq. mt. and more than 200
sq. mt. per building. Any additional built up area, in excess of this limit would be considered by counting
in FSI.

(iii) The centre shall not be used for any purpose other than for fitness centre activities.

(iv) The fitness centre activities shall be confined for to the members of the concerned housing society
or an Apartment Owners Association only.

(v) The benefits of this provision shall be applicable prospectively and it shall not be extended for the
purpose of regularization of already built up structures constructed without permission.

(vi) The ownership of the premises of the Fitness Centre shall vest only with the concerned society or
the apartment owners association as the case may be.

(vii) In case of larger layout where there is existing/proposed Gymnasium in layout RG under Regulation
23 of this regulation, then the fitness centre in the individual building shall not be permissible.

(viii) The location of proposed fitness centre shall be necessarily within the building line and preferably
same shall not be on ground floor.]

(33) Special Provisions for Institutional, Assembly, Business or Mercantile and Industrial Buildings :– A
crèche of minimum 40 sq. mt. built up area shall be provided for Institutional, Assembly, Business or
Mercantile Buildings where total number of female employees are 500 and more.

(34) Podium:- A podium may be permitted in plot admeasuring 1500 sq.mt or more. The podium
provided with ramp may be permitted in one or more level, total height not exceeding 24 m above
ground level. However, podium not provided with ramp but provided with two car lifts may be permitted
in one or more level, total height not exceeding 9 mt above ground level. The podium shall be used for
the parking of vehicles. The recreational space prescribed in D.C. Regulation 23 may be provided either
at ground level or on open to sky podium. Podium shall not be permitted in required front open space.
Such podium may be extended beyond the building line in consonance with provision of D.C. Regulation
43(1) on one side whereas on other side and rear side it shall not be less than 1.5 m from the plot
boundary. Ramps may be provided in accordance with D.C. Regulation 38(18). Adequate area for
Drivers rest rooms and sanitary block may be permitted on podiums by counting in FSI.

39. Common antenna for Television Transmission Reception:- A common conventional antenna for
receipt of television transmission shall be provided for every residential building with more than
ten tenements.
40. Requirements of Educational Building :-

In addition to the class-rooms and other areas every educational building shall be provided with :-

(a) a tiffin room with a minimum area of 18.0 sq. m. for every 800 students or part thereof;

(b) a separate tiffin room for teachers where strength of students exceeds 1000;

(c) a room with drinking water facilities for every 300 students or less on each of the floors.

These requirements may be amended by the Commissioner in consultation with the Education
Department of the State Government.

41. Special Regulation for physically handicapped persons: –


42. DEFINITIONS:-

1.1 Non-ambulatory Disabilities:- Impairments that, regardless of cause or manifestation, for all
practical purposes, confine individuals to wheelchairs.

1.2 Semi-ambulatory Disabilities:- Impairments that cause individuals to walk with difficulty or
insecurity. Individuals using braces or crutches, amputees, aribritics, spastics, and those with pulmonary
and cardiac ills may be semiambulatory.

1.3 Hearing Disabilties:- Deafness or hearing handicaps that might make an individual insecure in public
areas because he is unable to communicate or hear warning signals.

1.4 Sight Disabilities:- Total blindness or impairments affecting sight to the extent that the individual,
functioning in public areas, is insecure or exposed to danger.
1.5 Wheel Chair:- Chair used by Disabled people for mobility. The standard size at wheel chair shall be
taken as 1050 mm. X 750 mm.

2. SCOPE:- These bye laws are applicable to all existing and proposed buildings and facilities used by
the public.

3. SITE DEVELOPMENT:- Level of the roads, access paths and parking areas shall be described in the
plan along with specification of the materials.

3.1 Access path/walk way:- Access path from plot entry and surface parking to building entrance shall
be of minimum of 1800 mm. wide having even surface without any slope. Slope if any shall not have
gradient greater than 5%. Finishes shall have a no slip surface with a texture traversable by a wheel
chair. Curbs wherever provided shall blend to a common level.

3.2 Parking:- For parking of vehicles of handicapped people, the following provisions shall be made:-

(a) Surface parking for two car spaces shall be provided near entrance for the physically handicapped
persons with maximum travel distance of 30 mt. from building entrance.

(b)The width of parking bay shall be minimum 3.60 mt.

(c)The information stating that the space is reserved for wheel chair users shall be conspicuously
displayed.

4. Building Requirements:- The specified facilities for the buildings for physically handicapped persons
shall be as follows:-
5. Approach to plinth level.

6. Corridor connecting the entrance/exit for the handicapped.


7. Stairways.

8. Lift.
9. Toilet.
10. Drinking Water.

4.1 Approach to Plinth Level:- Every building should have atleast one entrance accessible to the
handicapped and shall be indicated by proper signage. This entrance shall be approached through a
ramp together with the stepped entry.
4.1.1 Ramped Approach:- Ramp shall be finished with no slip material to enter the building. Minimum
width of ramp shall be 1800 mm. with maximum gradient 1:12 Length of ramp shall not exceed 9.0 mt.
having 800 mm. high hand rail on both sides extending 300 mm. beyond top and bottom of the ramp.
Minimum gap from the adjacent wall to the hand rail shall be 50 mm.

4.1.2 Stepped Approach:- For stepped approach size of tread shall not be less than 300 mm. and
maximum riser shall be 150 mm. Provision of 800 mm. high hand rail on both sides of the stepped
approach similar to the ramped approach.

4.1.3 Exit/Entrance Door:- Minimum clear opening of the entrance door shall be 900 mm. and it shall
not be provided with a step that obstructed the passage of wheel chair user. Threshold shall not be
raised more than 12 mm.

4.1.4 Entrance Landing :- Entrance landing shall be provided adjacent to ramp with the minimum
dimension 1800 x 2000 mm. Finishes shall have a non-slip surface with a texture traversable by a wheel
chair. Curbs wherever provided

should blend to a common level.

4.2 Corridor Connecting the Entrance/Exit for the Handicapped:- The corridor connecting the outdoors
to a place where information concerning the overall use of the specified building can be provided to
visually impaired persons either by a person or by signs, shall be provided as follows:-

(a) The minimum width shall be 1500 mm.

(b) In case there is a difference of level slope ways shall be provided with a slope of 1:12.

(c) Hand rails shall be provided for ramps/slope ways.

4.3 Stair Ways:- One of the stair-ways near the entrance/exit for the handicapped shall have the
following provisions:-

(a) The minimum width shall be 1350 mm.

(b) Height of the riser shall not be more than 150 mm. and width of the tread 300 mm. The steps shall
not have abrupt (square) nosing.
(c) Maximum number of risers on a flight shall be limited to 12.

(d) Hand rails shall be provided on both sides and shall extend 300 mm. on both sides and shall extend
300 mm. on the top and bottom of each flight of steps.

4.4 Lifts:- Wherever lift is required as per bye-laws, provision of at least one lift shall be made for the
wheel chair user with the following cage dimensions:–

Clear internal depth 1100 mm.

Clear internal width 2000 mm.

Entrance door width 900 mm.

(a) A hand rail not less than 600 mm. long at 1000 mm. above floor level shall be fixed adjacent to the
control panel. Also, switch control shall be at an operating height equal to that of hand rails.

(b) The lift lobby shall be of an inside measurement of 1800 x 1800 mm. or more.

(c) The time of an automatically closing door should be minimum 5 second and the closing speed should
not exceed 0.25 M/sec.

(d) The interior of the case shall be provided with a device that audibly indicates the floor the cage has
reached and indicates that the door of the cage for entrance/exit is either open or closed.

4.5 Toilets:- One special W.C. in a set of toilet shall be provided for the use of handicapped with essential
provision of wash basin near the entrance for the

handicapped:-

(a) The minimum size shall be 1500 x 1750 mm.

(b) Minimum clear opening of the door shall be 900 mm. and the door shall swing out.

(c) Suitable arrangement of vertical/horizontal handrails with 50 mm. clearance from wall shall be made
in the toilet.
(d) The W.C. seat shall be 500 mm. from the floor.

4.6 Drinking Water:- Suitable provision of drinking water shall be made for the handicapped near the
special toilet provided for them.

4.7 Designing for Children:- In the buildings meant for the predominant use of the children, it will be
necessary to suitably alter the height of the handrail and other fittings and fixtures etc.

42. Lighting and Ventilation :-

(1) Adequacy and manner of provision:- All parts of any room shall be adequately lighted and ventilated.
For this purpose every room shall have –

(a) one or more apertures, excluding doors, with area not less than one-sixth of the floor area of the
room, with no part of any habitable room being more than 7.5 m. away from the source of light and
ventilation. However, a staircase shall be deemed to be adequately lighted and ventilated, if it has one or
more openings their area taken together measuring not less than 1 sq. m. per landing on the external
wall;

(b) an opening with a minimum area of 1 sq. m. in any habitable room including a kitchen, and 0.3 sq. m.
with one dimension of 0.3 m. for any bathroom, water closet or store;

(c) all the walls, containing the openings for light and ventilation fully exposed to an exterior open space
either directly or through a verandah not exceeding 2.4m. in width provided that a room meant for non-
residential user shall be considered as adequately lighted and ventilated if its depth from the side
abutting the required open space does not exceed 12 m.

(2) Artificial ventilation shaft:- A bathroom, water closet, staircase or store may abut on the ventilation
shaft, the size of which shall not be less than the values given below:-
Height of buildings Cross-section of Side of shaft in

in m. ventilation shaft in meters.

sq. m.

Upto 12 2.8 1.2

Upto 18 4.0 1.5

Upto 24 5.4 1.8

Upto 30 8.0 2.4

Above 30 9.0 3.0

In such ventilation shafts, mechanical ventilation system shall be installed. Further, such ventilation
shaft shall be adequately accessible for maintenance.

(3) Artificial Lighting & Mechanical Ventilation :- Where lighting and ventilation requirements are not
met through day-lighting and natural ventilation, they shall be ensured through artificial lighting and
ventilation in accordance with the provisions of Part VIII, Building Service Section I, Lightning and
Ventilation, National Building Code.

(4) In any residential hotel where toilets are provided with a mechanical ventilation system, the size of
the ventilation shaft prescribed in this Regulation may be suitably relaxed by the Commissioner.

43. Fire Protection Requirements:-

(1) General:- The planning design and construction of any building shall be such as to ensure safety from
fire. For this purpose, unless otherwise specified in these Regulations, the provisions of part IV: Fire
Protection Chapter, National Building Code, shall apply.

For multistoried, high rise and special buildings, additional provisions relating to fire protection
contained in Appendix VIII shall also apply,

(A) For proposal under regulations 33(7) and 33(10):-


In case of rehabilitation / composite buildings on plots exceeding 600 Sq.mtrs. and having height more
than 24 m, at least, one side other than road side, shall have clear open space of 6 m at ground level,
accessible from road side.

Provided, if the building abuts another road of 6m. or more this condition shall not be insisted.

Provided further that in case of redevelopment proposals under DCR 33(7), for plot size upto 600
sq.mt., 1.5 m open space will be deemed to be adequate.

(B) For the proposals other than (A) above:-

(a) Buildings having height more than 24 m upto 70 m, at least one side, accessible from road side, shall
have clear open space of 9 m at ground level.

Provided, however, if podium is proposed it shall not extend 3m beyond building line so as to have clear
open space of 6m beyond podium.

Provided, further, where podium is accessible to fire appliances by a ramp, then above restriction shall
not apply.

(b) Buildings having height more than 70 m, at least two sides, accessible from road side, shall have clear
open space of 9 m at ground level.

Provided, however, if podium is proposed it shall not extend 3m beyond building line so as to have clear
open space 6m beyond podium. No ramps for the podium shall be provided in these side open spaces.

Provided, further, where podium is accessible to fire appliances by a ramp then above restriction
shall not apply.

(c) Courtyard / ramp / podium accessible to fire appliances shall be capable of taking the load up to 48
tonnes.

(d) These open spaces shall be free from any obstruction & shall be motorable.

(2) Exits.- Every building meant for human occupancy shall be provided with exits sufficient to permit
safe escape of its occupants in case of fire or other emergency for which the exits shall conform to the
following:-
(i) Types.- Exits should be horizontal or vertical. A horizontal exit may be a door-way, a corridor, a
passage-way to an internal or external stairway or to an adjoining building, a ramp, a verandah or a
terrace which has access to the street or to the roof of a building. A vertical exit may be a staircase or a
ramp, but not a lift.

(ii) General requirements.- Exits from all the parts of the building, except those not accessible for
general public use, shall-

(a) provide continuous egress to the exterior of the building or to an exterior open space leading to the
street;

(b) be so arranged that, except in a residential building, they can be reached without having to cross
another occupied unit;

(c) be free of obstruction;

(d) be adequately illuminated;

(e) be clearly visible, with the routes reaching them clearly marked and signs posted to guide any person
to the floor concerned;

(f) be fitted, if necessary, with firefighting equipment suitably located but not as to obstruct the passage,
clearly marked and with its location clearly indicated on both sides of the exit way;

(g) be fitted with a fire alarm device, if it is either a multi-storeyed, high-use or a special building so as to
ensure its prompt evacuation;

(h) remain unaffected by any alteration of any part of the building so far as their number, width, capacity
and protection thereof is concerned;

(j) be so located that the travel distance on the floor does not exceed the following limits :-

(i) Residential, educational, institutional and hazardous occupancies : 22.5 m

(ii) Assembly, business, mercantile, industrial and storage buildings : 30 m.


Note.- The travel distance to an exit from the dead end of a corridor shall not exceed half the distance
specified above. When more than one exit is required on a floor, the exits shall be as remote from each
other as possible:

Provided that, subject to the provision under D.C. Regulation 44(5)(a) for all multi-storeyed high rise
and special buildings, a minimum of two enclosed type staircases shall be provided, at least one of them
opening directly to the exterior, to an interior, open space or to any open place of safety.

(iii) Number and width of exits.-The width of an exit, stairway/corridor and exit door to be provided at
each floor in occupancies of various types shall be as shown in columns 3 and 5 of Table 21 hereunder.
Their number shall be calculated by applying to every 100 sq.m. of the plinth or covered area of the
occupancy, the relevant multiplier in columns 4 and 6 of the said Table, fractions being rounded off
upward to the nearest whole number.

TABLE 21

Width and number of Exits for various Occupancies


Serial Type of Occupancy Stairway/Corridor Door Exit
No. Multiplier
Minimum Multiplier Minimum
width in
width in meters meters

(5)
(1) (6)
(2) (3) (4)

1. Residential Dwellings 1.2 0.145 Ö }0.053

row -housing (2 storeys) 0.75 0.213

hotels 1.5

0.107

2. Educational- }0.667

-upto 24 m. high 1.5 0.333 Ö

-over 24 m. high 2.0 0.250 Ö

3. Institutional i.e. Hospitals-

– upto 10 beds 1.5 0.089* 0.044

Ö
-over 10 beds 2.0 0.067* 0.044

4. Assembly** Ö Ö 1.0 Ö

-fixed seats or loose

seats and dance floor 2.0 Ö 0.926

-no seating facilities and 0.694

dining rooms 2.0 Ö 0.370

0.278

5. Mercantile-

-street floor and basement 1.5 0.222 ÖÖ 0.222

-upper sales floors 1.5 0.111 0.111

6. Business, Industrial 1.5 0.067 Ö 0.067

7. Storage 1.5 0.022 Ö 0.022

8. Hazardous 1.5 0.133 Ö 0.125

*For the dormitory portions of homes for the aged, orphanages, mental hospitals, etc. these multipliers
will be doubled.

**The plinth or covered area shall include, in addition to the main assembly rooms or space, any
occupied connecting room or space in the same storey or in the storey above or below where entrance
is common to such rooms and space and they are available for use by the occupants of the assembly
place.

No deductions shall be made in the gross area of the corridors, closets or other subdivisions: all space
serving the particular assembly occupancy shall be reckoned.

44. Requirements of individual exits at each floor.-

The detailed requirements of individual exits at each floor are given below:-

(1) Corridors.- (a) Exit corridors shall be of a width not less than the total required width of exit
doorways leading from them in the direction of travel to the exterior/stairway.

(b) Where stairways discharge through corridors, the height of the corridors shall not be less than 2.4 m.

(c) Where there is more than one staircase serving a building, there shall be at least one smokestop door
in the space between the staircases.

(2) Doorways.- (a) Every exit doorway shall open into an enclosed stairway, a horizontal exit or a
corridor or passageway providing continuous and protected means of egress;

(b) An exit doorway shall open outwards i.e. away from the room, but shall not obstruct the travel along
any exit. No door, when opened, shall reduce the required width of a stairway or landing to less than 90
cm.

(c) An exit door shall not open immediately upon a flight or stairs; a landing equal to atleast the width of
the door shall be provided in the stairway at each doorway; the level of the landing shall be the same as
that of the floor which it serves.

(d) Exit doorways shall be openable from the side which they serve, without the use of a key.

(3) Revolving doors.- (a) Revolving doors shall not be used as required exits except in residential,
business and mercantile occupancies; they shall not constitute more than half the total required door
width.

(b) When revolving doors are considered as required exitways-


(i) the multiplier in Table 21 shall be increased by 33 1/3 per cent, and;

(ii) revolving doors shall not be located at the foot of a stairway. Any stairway served by a revolving door
shall discharge through a lobby or foyer.

(4) Internal stairways.- (a)Stairways shall be constructed of non combustible materials throughout.

(b) Any interior staircase shall be constructed as a self-contained unit with atleast one side adjacent to
an external wall and shall be completely closed.

(c) A staircase shall not be arranged around a lift shaft unless the later is entirely enclosed by a material
of fire resistance rating as that for type of construction itself. For multistoreyed, high rise and special
buildings, the staircase location shall be to the satisfaction of the Chief Fire Officer.

(d) In multi-storeyed, high rise and special buildings, access to main staircases shall be gained through
atleast half-an-hour fire-resisting automatic closing doors, placed in the enclosing walls of the
staircases. They shall be swing type doors opening in the direction of the escape.

(e) No living space, store or other space, involving fire risk, shall open directly into a staircase.

(f) The external exit door of a staircase enclosure at ground level shall open directly to the open space or
should be accessible without passing through any door other than a door provided to form a draught
lobby.

(g) In multi-storeyed high rise and special buildings, exit signs with arrows indicating the escape route
shall be provided at a height of 1.5 m. from the floor level on the wall and shall be painted with
fluorescent paint. All exit way signs should be flush with the wall and so designed that no mechanical
damage to them can result from the moving of furniture or other heavy equipment.

(h) Where a building has a single staircase, it shall terminate at the ground floor level, and the access to
the basement shall be by a separate staircase. Where the building is served by more than one staircase,
one of the staircases may lead to the basement level, by either a ventilated lobby or a cut-off screen wall
without opening, having a fire resistance of not less than 2 hours with discharge point at two different
ends or through enclosures. It shall also be cut-off from the basement area at various basement levels
by a protected and ventilated lobby/lobbies.

(5) Fire escape or external stairs :-


(A) Additional Staircase.-

(a) In case of multi-storeyed residential buildings having height more than 24 m, and less than 70 m
additional staircase shall be necessary;

Provided, however, it will not be necessary , if,-

(i) Travel distance does not exceed as mentioned in sub regulation (2)(ii)( i )(i & ii) of regulation 43 and;

(ii) If floor area on any floor does not exceeds 500 sq mtrs.

Note: These staircases shall be of enclosed type having minimum width of 1.5 mt.

(b) Buildings having height 70 m or more, shall be provided with two enclosed type staircases, each
having width not less than 2.0 m.

(c) Whenever two staircases are necessary, both the staircases shall open & terminate at ground floor or
to any other place of safety. The staircase shall be as remote as possible.

(B) Fire Escape balcony:-

(a) For industrial buildings, a fire escape balcony not exceeding 1.5 meters width shall be provided at the
periphery of every floor level and shall be connected to staircase and shall have a railing / parapet of
1.10 meters height on external sides.

(b) Fire escape balcony to the buildings other than residential occupancy shall be decided by Chief Fire
Officer.

(c) Requirement of Fire Escape Balcony:-

(i) It shall always be kept free from obstructions & no partitions shall be erected.

(ii) It shall be provided with wall type sprinklers at every floor level.

Note: – Fire Escape balcony shall be counted in FSI.


(6) Ramp :- (a) All the requirements of sub regulation (4) of this Regulation shall apply to any ramp as
they apply to a staircase.

(b) Ramps shall lead directly to outside open spaces at ground level or courtyards or other safe places.

(c) In a multi-storeyed, high rise and special building, access to ramps from any floor shall be through a
smoke-stop door.

(7) Refuge area:-

(a) (i) The refuge area shall be provided within building line at floor level.

(ii) In case of multi-storeyed & high rise buildings having height more than 30 mts., first refuge area shall
be provided at 24 mt. or 1st habitable floor, whichever is higher. Thereafter, the refuge area shall be
provided at every 7th habitable floor. The refuge area shall be 4% of the habitable floor area it serves,
and will be free of FSI. If it exceeds 4%, the excess area shall be counted in FSI.

(b) Notwithstanding clause (a) for buildings having height upto 70 mts, as an alternate, Refuge areas can
be provided as R.C.C. cantilever projections at the alternate mid-landing level of staircase , free of FSI.
Each refuge area at mid-landing shall have a minimum width of 3.0 mts and minimum area of 10.0 sq.mts
for residential and 15 sq.mts for non-residential buildings.

(c) In case of multi-storeyed & high rise buildings upto 30 mts. height, the terrace floor of the building
shall be treated as the refuge area.

44(8) Fire Escape Chutes/ Controlled Lowering Device for evacuation :-

(A)(i) High rise building having height more than 70 mt., shall necessarily be provided with fire escape
chute shaft/s for every wing adjacent to staircase.

(ii) Walls of the shaft shall have 4 hours fire resistance.

(iii) One side of the shaft shall be at external face of the building with proper ventilation.

(iv) The dimension of the shaft shall not be less than 2.5 m X 1.5m.
(v) The access to the fire escape chute’s shaft shall be made at alternate floor level from staircase mid-
landing with self-closing door having fire resistance of at least one hour.

(vi) The fire chute shall be of staggered type with landing of each section at the vertical height of not
more than 21 m.

Alternatively.-

(B) For High rise building having height more than 70 mt., ‘Controlled Lowering Device for evacuation’
or ‘External Evacuation System’ as approved by CFO shall be provided.

44 (9) Fire Check Floor:- A high rise building having height more than 70 m, shall be provided with fire
check floor (entire floor) at every 70 m level. Height of the fire check floor shall not be more than 1.8
mts. The fire check floor shall not be used for any purpose and it shall be the responsibility of the
owner/occupier to maintain the same clean and free of encumbrances and encroachments at all times.
Periphery of the Fire Check floor shall not be enclosed. Fire Drenchers shall be provided at the
periphery of the each fire check floor externally.

45.Structural Safety and Services:- (1) Structural Design:- The structural design of foundations,
elements made of masonry, timber, plain concrete, reinforced concrete, pre-stressed concrete and
structural steel shall conform to the provisions of Part VI Structural Design Section-1 Loads, Section 2 –
Foundation, Section 3-Wood , Section 4-Masonry, Section 5-Concrete, Section 6-Steel, National
Building Code of India.

(2) Quality of materials and workmanship :-

(i) The quality of all materials and workmanship shall conform to accepted standards and Indian
Standard Specifications and Codes as included in Part V Building Materials and Part-VII Constructional
Practices and Safety, National Building Code of India.

(ii) All burrow pits dug in the course of construction and repair of buildings , roads, embankments etc.,
shall be deep and connected with each other in the formation of a drain directed towards the lowest
level and properly stepped for discharge into a river , stream, channel or drain, and no person shall
create any isolated burrow pit, which is likely to cause accumulation of water that may breed
mosquitoes.
(iii) Alternative materials, method of design and construction and tests :- The provisions of the
Regulations are not intended to prevent the use of any material or method of design of construction not
specifically prescribed in them provided any such alternative has been approved. Nothing of the
provisions of these Regulations is intended to prevent the adoption of architectural planning and layout
conceived as an integrated development scheme. The Commissioner may approve any such alternative
if it conforms to the provisions of the relevant parts of the National Building Code, regarding material,
design and construction, and the material, method, or work offered is, for the purpose intended, at least
equivalent to that prescribed in these Regulations in quality, strength, compatibility, effectiveness, fire
and water resistance, durability and safety.

46 .Tests,-

Whenever there is insufficient evidence of compliance with the provisions of the Regulations or
evidence that any material or method of design or construction does not conform to the requirements
of the Regulations, in order to substantiate claims for alternative materials, design or methods of
construction , the Commissioner may require tests, sufficiently in advance, as proof of compliance.
These tests shall be made by an approved agency at the expense of the owner as follows:-

(1) Test Methods: -Test method shall be as specified by the Regulations for the material or design or
construction in question If there are no appropriate test methods specified in the Regulations, the
Commissioner shall determine the test procedure. For methods of tests for building materials reference
shall be made to the relevant Indian standards as given in the National Building Code of India published
by the Bureau of Indian Standards.

(2) Test results to be preserved — copies of the results of all such tests shall be retained by the
Commissioner for not less than two years after the acceptance of the alternative material.

47. Building services:-

(1) Electrical installation -The planning design and installation of electrical installation airconditioning
and heating work shall conform to the provision of Part VIII Building Service Section 2- Electrical
Installations. Section 3- Air-conditioning and Heating National Building Code of India.

(2) Lifts-(a) planning and design- The planning and design of lifts including their number , type and
capacity depending on the occupancy of the building, the population on each floor based on occupant
load and the building height shall be in accordance with section 5 – Installation of lifts and Escalators,
National Building code of India.
(b) Maintenance- (i) The lift installation should receive regular cleaning, lubrication adjustment and
adequate servicing by authorised competent persons at such intervals as the type of equipment and
frequency of service demand. In order that the lift installation is maintained at all times in a safe
condition, a proper maintenance schedule shall be drawn up in consultation with the lift manufacturer
and rigidly followed. A log book to record all items relating to general servicing and inspection shall be
maintained. The electrical circuit diagram of the lift with the sequence of operation of different
components and parts shall be kept readily available for reference by persons responsible for the
maintenance and replacement, where necessary, to the satisfaction of the competent authority (Lift
Inspector of the Government of Maharashtra).

(ii) Any accident arising out of operation of maintenance of the lifts shall be duly reported to the
competent authority, i.e. Lift Inspector of the Government of Maharashtra.

48.Signs and Outdoor Display Structures.-

(1) National Building Code to apply :- The display of advertising signs and outdoor display structures on
buildings and land shall be in accordance with Part X-Signs and Outdoor Display Structures, National
Building Code of India.

(2) Additional conditions.-In addition to sub-regulation (1) above, the following provisions shall apply to
advertising signs in different land use zone :-

(i) Residential zone (R-1):-The following non-flashing and neon signs with illumination not exceeding 40
Watt light.-

(a) One name plate with an area not exceeding 0.1 sq.m. for each dwelling unit.

(b) For other users permissible in the zone, one identification sign or bulletin board with an area not
exceeding 10 sq. m. provided the height of the sign does not exceed 1.5 m.

(c)”For sale” or “For rent” signs for real estate, not exceeding 2 sq. m. in area provided they are located
on the premises offered for sale or rent.

(ii) Residential zones with shop lines (R-2):-Non-flashing business signs placed parallel to the wall and
not exceeding 1 m. in height per establishment.
(iii) Commercial Zones (C-1) and (C-2):-Flashing or non-flashing business signs placed parallel to the wall
not exceeding 1 m. in height provided such signs do not face residential buildings.

(3) Prohibition of advertising signs and outdoor display structures in certain cases.- Notwithstanding
the provisions of sub-Regulations (1) and (2) no advertising sign or outdoor display structures shall be
permitted on buildings of architectural, aesthetical, historical or heritage importance as may be decided
by the Commissioner, or on Government buildings, save that in the case of Government buildings only
advertising signs or outdoor display structures may be permitted if they relate to the activities for the
said buildings’ own purposes or related programmes.

(4) The Commissioner may, with the approval of the Corporation, add, alter or amend the provisions in
sub-Regulations (2) above.

PART IV

LAND USE CLASSIFICATION & USES PERMITTED

49. Uses and Ancillary Uses.-The uses and specified ancillary uses as indicated in these Regulations will
be permitted in each of the predominant use zones as shown in the development plan. Such
ancillary uses will be subject to fulfilment of the prescribed conditions.
50. Power of Granting Permission.- Where it is specified that a particular use is to be allowed only with
Commissioner’s special permission, the power of granting such permission shall be exercised by the
Commissioner or an Officer not below the rank of Deputy Municipal Commissioner.

51. Purely Residential Zone (R-1 Zone).- Ancillary uses permitted.- Apart from residential use, the
following uses and specified ancillary uses to the extent of 50 per cent of the floor space of the
principal use shall be permitted in buildings, premises or plots in the purely residential zone:-

(i) Customary home occupations.

(ii) Medical and dental practitioners` dispensaries or clinics, including pathological or diagnostic clinics
with a restriction of one dispensary or clinic per building to be permitted on the ground floor, on the
floor just above the stilts or on the first floor.

(iii) Nursing homes, polyclinics, maternity homes and medical practitioners/consultants in different
disciplines of medical sciences in independent buildings or independent parts of buildings on the ground
floor, floor 1 and floor 2 with separate means of access/staircase from within the building or outside, but
not within the prescribed marginal open spaces in any case, and with special permission of the
Commissioner. Provided that the Commissioner may, after due investigation and consultation with the
Executive Health Officer, allow the condition for separate means of access / staircase as mentioned
above to be relaxed, if he is convinced that no nuisance is likely to be caused to the residents of the
buildings by such relaxation. However, such relaxation shall not be permitted in the new buildings.

(iv) Professional offices and studies of a resident of the premises and incidental to such residential use,
or medical and dental practitioners’ dispensaries or clinics of a resident of the building with only out
patient treatment facilities without any indoor work, each not occupying a floor area exceeding 30 sq.m.

(v) Educational buildings, excluding building of trade schools but including students’ hostels in
independent buildings, religious buildings, community halls, welfare centres and gymnasia:

Provided that the Commissioner may, by order, permit Montessori schools, kindergarten classes or bal-
mandirs in a part of a residential building on the ground floor or on the floor above the stilts if the area
thereof is not less than 40 sq.m. and no nuisance is likely to be caused to the residents of the building:

Provided further that in congested localities where it is not possible to provide a separate building for a
school, the Commissioner may allow a primary school in any part of or on any separate floor of a
residential building. In doing so, he shall take into account the location, room sizes, means of access,
water and sanitary arrangements and other relevant factors. He shall also ensure that staircase is easily
accessible from the entrance and serves the classrooms. The school shall also conform to the
requirements of educational buildings stipulated in Regulations 40.

(vi) Public libraries on the ground floor and floor 1 or on two consecutive floors immediately above the
stilts in a building constructed on stilts, and museums in part or entire building.

(vii) Club houses, or gymkhanas not conducted as a business, on independent plots which may have an
extension counter or only branch of a bank, in such club-houses or gymkhanas.

(viii) Public or private parks, gardens and play field in independent plots not uitlilsed for business
purposes, but not amusement parks.

(ix) Bus shelters, but stations, bus depots, railway stations, taxi-stands and heliports, on independent
plots.

(x) Radio broadcasting and television studios and sound recording and dubbing studios in independent
buildings or part of, building or in independent plots, with the permission of the Commissioner.
(xi) Places for the disposal of human bodies, subject to the Corporations approval.

(xii) Police stations, telephone exchanges, Government sub-office ,municipal sub-office, sub-offices of
Mumbai Electric Supply and Transport under taking or the concerned electric company, consulate
offices, post and telegraph offices, branches of banks including safe deposit vaults, electrical sub-
stations, receiving stations, fire stations, civil defence warden posts and first aid post, home guards and
civil defence centers, pumping stations, sewage disposal works and water supply installations and
ancillary structures thereof required to cater to the local area on roads of width of not less than 12 m.
However, a branch of a bank with a safe deposit vault may be permitted on roads of less than 12 m.

(xiii) Storage of liquefied petroleum gas cylinders (bottled gas) for domestic consumption not exceeding
300 kg. in a residential building and not exceeding 8000 kg. in an independent ground floor structure
(except a garage ) at any one time, with the special permission of the Commissioner and subject to
compliance with statutory safety requirements.

(xiv) General agriculture, horticulture and poultry farming (but not dairy farming) in the areas
comprised in suburbs the area extend suburbs, poultry farming being permitted at the rate of 0.25 sq.m.
built-up area per bird in an independent plot measuring not less that 1 ha.; provided that no offensive
odors, dirt and/or dust are created, that there is no sale of products not produced on the premises, and
the accessory buildings are not located within from any of 9 m. the boundaries or 6 m. from the main
buildings or the plot:

Provided further that the above restriction on space shall not apply to any poultry kept for domestic
consumption only.

(xv) Where the commercial zone boundary or a street of and between 18.3 m. and 31m. wide in the
suburbs and extended suburbs and of 24 m. and 31 m. wide in Island City (with shops) is at least 400 m.
away, convenience shops at the rate of one shop per 15 tenements on ground floor or in semi-detached
ground floor building, with no other use over it, may be permitted provided that the remaining area on
the ground floor is used for parking purposes in conformity with these Regulations. Such shopping uses
will not be permissible in more than two adjoining plots in any locality and shall not cover more than 5
per cent of the plot area.

(xvi) Flour Mills, with the special permission of the Commissioner, if (a) they are in a single-storeyed
detached or semi-detached structure, and (b) their power requirement does not exceed 7.5 KW. each.
(xvii) Research, experimental and testing laboratories not involving any danger of fire or explosion or of
any obnoxious nature and located on a plot not less than 4 ha. in area, provided that the laboratory is at
least 30 m. from any of the boundaries of the site and the accessory residential building 30 m. from the
laboratory.

(xviii) Information Technology Establishment (pertaining to software only) on the plots/premises


fronting on roads having width more than 12.0 metre.

52.Residential Zone with Shop Line (R-2 Zone).-

(1) The residential zone with shop line (R-2 Zone) in which shopping will be permissible as indicated
herein, will comprise:-

(a) Plots in a residential zone along roads on which the shop line is marked on the development plan.

(b) Plots in a residential zone along roads having existing or prescribed width of and between 18.3 m.
and 31 m. in the suburbs and extended suburbs.

(c) Plots in a residential zone along roads having existing or prescribed width of and between 24 m. and
31 m. in the Island City.

Provided that the restrictions of road width given in this clause to determine plots in R-2 zone in
the Island City are not applicable to the plots within Dharavi Notified Area. For the plots within Dharavi
Notified Area, R-2 zone shall be determined as the ‘plots’ along roads having existing or prescribed
width of and between 18.30 mt. and 45 mt.

However no commercial users permitted in R-2 Zone shall front directly on the arterial roads
above 36 mt. passing through Dharavi Notified Area, on such roads punctures at specific intervals shall
be provided so as to have access from such arterial roads.

Note:- (A) All words and expressions used in these Regulations and not defined herein shall have
meanings assigned to them under the Maharashtra Regional and Town Planning Act, 1966 or the
Maharashtra Slum Area (Improvement, Clearance & Redevelopment) Act, 1971, or the National
Building Code, or the Building Regulations and Bye-Laws or the Development Control Regulations of
the Municipal Corporation of Greater Mumbai, as amended from time to time.
(B) The provisions of the Development Control Rules for Greater Mumbai, 1991 and all other applicable
sections of the Maharashtra Regional and Town Planning Act, 1966, shall apply mutatis mutandis to the
development of land with the modification that the expressions ” Municipal Corporation of Greater
Mumbai” and “Municipal Commissioner” shall be substituted by the expressions “Slum Rehabilitation
Authority” and “Officer on Special Duty, DRP (SRA)” respectively.

(C) Nothing contained herein shall derogate from any right or power exercisable by the Municipal
Corporation of Greater Mumbai under the provisions of the Bombay Municipal Corporation Act, 1888,
and the rules, regulations and bye-laws made there under. Any development of land shall be carried out
without prejudice to such provisions.

(2) No new shops will, however, be permitted on plots in the residential zone with a shop line (R-2 Zone)
which abut and are along the following roads, even if a shop line is marked on such roads in the
development plan except what is permitted by way of convenience shopping.

(a) `Western Corridor’:- From Regal Cinema junction to Vithalbhai Patel Road, Khar covering Madam
Cama Road, Netaji Subhash Road, Dr. N.A. Purandare Marg, Babulnath Road, Justice Patkar Marg,
Bhulabhai Desai Road, Lala Lajpatrai Road, Dr. Annie Besant Road, Veer Savarkar Marg, Mahim
Causeway, Vithalbhai Road upto its junction with Chitrakar Dhurandhar Marg, Khar.

(b)(i) Mahim Causeway from General Arun Kumar Vaidya Marg upto its junction with Swami
Vivekanand Road and further upto the latter roads junction with Chirtrakar Dhurandhar Marg.

(ii) Juhu Tara Road, Shri Mathuradas Visanji Marg (Kurla-Andheri Road) and Jai Prakash Road.

(c) Central Corridor.- From Regal Cinema junction to V.N.Purav Marg, Trombay, covering Mahatma
Gandhi Road, Dadabhai Navroji Road, Lokmanya Tilak Road, Mohamed Ali Road, Ibrahim Rahimtulla
Road, Jamshetji Jeejeebhoy Road, Dr.B. Ambedkar Marg, Sion Road, Tatya Tope Road, V.N. Purav Marg
upto Anushakti Nagar.

(d) Other roads viz. Shahid Bhagatsingh Road, Lokmanya Tilak Road, L. Jagmohandas Road (Napean Sea
Road), Bhulabhai Desai Road (Warden Road), August Kranti Marg, Walkeshwar Road, S.K.Barodawala
Marg (Altamount Road), Dahanukar Marg (Carmichael Road), Napean Sea Road, Manav Mandir Road.

(e) All Express Highways/Freeways:


Provided that where the above-mentioned roads intersect other roads, shopping will be permissible on
plots on the latter roads in the residential zone with a shop line (R-2 zone) only on the side of the
building facing such roads and with access only on such roads:

Provided further that the above restrictions on shopping will not apply to areas falling in the Local
Commercial Zone (C-1 zone) and in the case of reconstruction or redevelopment of an existing building
having existing shopping users.

(3) Notwithstanding anything contained in this Regulation, for reasons of congestion, traffic or nuisance,
new shopping or convenience shopping, even if otherwise permissible, the Commissioner may not, for
reasons to be recorded in writing, permit such shopping.

(4) Uses permitted in the Residential Zone with Shop Line (R-2 zone).- The following uses shall be
permitted in buildings, premises or plots in a residential zone with shopline:-

(i) All uses permitted in the purely residential zone (R-1 zone).

(ii) Stores or shops for conduct of retail business, including department stores. There will, however, be
no storage or sale of combustible materials except with the Commissioners special permission.

(iii) Personal services’ establishments, only in the suburbs and extended suburbs.

(iv) Hair dressing saloons and beauty parlours.

(v) Frozen food stores.

(vi) Shoe repair and sports shops.

(vii) Professional offices each not exceeding 100 sq.m. in area.

(viii) Shops for the collection and distribution of clothes and other materials for cleaning, pressing and
dyeing establishments.

(ix) Tailoring, embroidery and button-hole making shops, each employing not more than 9 persons.

(x) Cleaning and pressing establishments for clothes, each occupying a floor area not more than 200
sq.m. and not employing solvents with a flash point lower than 590 C, machine with dry-load capacity
not exceeding 30 kg. and employing not more than 9 persons:

Provided that the total power requirement does not exceed 4 KW.

(xi) Shops for goldsmiths, lock-smiths, watches and clocks and their repairs, bicycles and their rental and
repairs, optical glass grinding and repairs, musical instruments and their repairs, picture-framing, radio,
television and household appliances and their repairs, umbrellas and their repairs and upholstery work,
each employing not more than 9 persons.

(xii) Coffee grinding establishments with electric motive power not exceeding 0.75 KW. (0.025 KW
individual motor each).

(xiii) Restaurants eating houses cafeterias, ice-cream and milk bars under one establishment with total
area not exceeding 200 sq.m. on the ground and/or floor 1 of a building with the special permission of
the Commissioner.

(xiv) Bakeries, with no floor above, each not occupying for production an area more than 75 sq.m. and
not employing more than 9 persons, if the power requirement does not exceed 4 KW where only
electrical ovens are used, an additional heating load upto 12 KVA being permitted.

(xv) Confectioneries and establishments for the preparation and sale of eatable each not occupying for
production an area more than of 75 sq.m. per establishment and employing not more than 9 persons,
motive power not exceeding 1-12 KW, as well as sugarcane and fruit juice crusher each employing not
more than 6 persons with motive power not exceeding 1.12 KW and area not more than 25 sq.m.

(xvi) Printing presses with aggregate motive power each not exceeding 3.75 KW and not employing
more than 9 persons and individual electric motors of not more than 1.5 KW.

(xvii) Trade and other similar schools, not involving any danger of fire or explosion, or offensive noise,
vibration, smoke, dust, odour, glare, heat or other objectionable features.

(xviii) Vegetable, fruit, flower, frozen fish, frozen meat or frozen food shops.

(xix) Battery charging and repairing establishments each not employing more than 6 persons with an
area not more than 25 sq.m. and not more than 2 charges with power not exceeding 5 KW.
(xx) Photographic studios with laboratories, zeroxing, Photo-copying, videotaping establishments etc.
and their laboratories, each with an area not exceeding 50 sq. m. and employing not more than 9
persons and not using power more than 3.75 KW.

(xxi) Coal or fire-wood shops.

(xxii) Local sub-offices of any public utility.

(xxiii) Electronic industry of assembly, but not of manufacturing type, with the Commissioner’s special
permission, subject to following restrictions:-

(a) Only on the ground floor each with an area not exceeding 50

sq.m.

(b) Total electric power inclusive of motive power and heating load

not to exceed 3.75 KW.

(c) Employing not more than 9 persons each.

(xxiv) Pawn shops.

(xxv) Art galleries i.e. display shops.

(xxvi) Undertaker’s premises.

(xxvii) Establishments using power only for heating refrigeration or airconditioning purposes.

(xxviii) Private lockers. In the Island City, the total area shall not exceed 400 sq.m. each.

(xxix) Data processing unit, with use of computers.

(xxx) Repairing garages, without activities of body-building and spray painting, each employing not more
than 9 persons or using 1.5 KW motive power with no floor, above, with the permission of the
Commissioner to be allowed to function only between 08 and 20 hours.
(xxxi) Motor driving schools, with the permission of the Commissioner.

(xxxii) Travel agencies, ticket booking and selling agencies for air, surface or water travel or transport of
any other modes of travel or transport.

(xxxiii) Accessory uses customarily incidental to any permitted principal use, including storage upto 50
per cent of the total floor area of the principal use.

(5) Conditions governing additional uses permitted in the R-2 Zone:- The uses permissible in the R-2
zone shall be restricted and subject to the conditions below :-

(i) A depth of 12 m. measured from the building line along the front portion abutting the street only
provided.

(ii) All goods offered for sale or displayed should be within the premises comprising the shop and should
not be kept in the passage or open spaces.

(iii) Shops shall be permitted only on the ground floor of a building unless specified otherwise.

(iv) Area of each shop will not exceed 100 sq. m. unless otherwise specified.

(v) Motive power, unless otherwise specifically indicated, shall not exceed of 2.25 KW per shop, with no
individual motor exceeding 0.75 KW, no power being allowed to be sub-let.

(vi) Power may be discontinued if the Commissioner is satisfied that the particular use is a nuisance to
the residents.

(6) With the special permission of the Commissioner, shopping uses and departmental stores may be
permitted on the entire ground floor of the building, subject to the following conditions:-

(i) The side and rear marginal open spaces shall not be less than 9 m. in width.

(ii) No back-to-back shops would be permitted unless they are separated by a corridor at least 1.8 m. in
width which shall be properly lighted and ventilated.

(iii) All goods offered for sale or displayed should be within the premises comprising the shop and should
not be kept in the passage or open spaces :
Provided that such shopping users and department stores may be permitted in the entire building
where the whole building is in occupation of one establishment or of a co-operative society only and
subject to the above conditions.

(7) Notwithstanding anything contained in these Regulations, convenience shops as defined in item (20)
of sub-Regulation (3) of Regulation 3 may be permitted on all roads having width of 12 m. and above. In
gaothan and Koliwada areas, however, these users will be permitted on roads having width of 9 m. and
above.

(8) Uses permitted in independent premises/buildings in the Residential Zone with Shop Line (R-2 Zone)
:- The following uses may be permitted in independent premises/buildings/plots in the R-2 Zone:-

(i) Drive-in-theatres, theatres, cinemas, club-houses, assembly or concert halls, dance and music studies
and such other places of entertainment on roads with width not exceeding 25 m. These uses may be
permitted in combination with permissible non-residential uses except that of petrol pump, with the
special permission of the Commissioner:

Provided, however, in the case of a cinema/theatre the front open space shall be minimum 12 m. and the
side and rear open spaces shall not be less than 6 m:

Provided further that in the case of development and/or re-development of a cinema/theatre, the user
for a cinema/theatre may be permitted in combination with the permissible users in a residential zone
with a shop-line (R-2 Zone) excluding the users for bakery, confectionery, trade and other similar
schools and coal or firewood shops, with a cinema/theatre being permitted underneath or above any
building subject to compliance with fire and safety requirements specified by and to the satisfaction of
the Chief Fire Officer. However, residential user in combination with that of a cinema/theatre may not
be allowed in the same building.

Provided further that the redevelopment of a plot allocated for a cinema/theatre shall be subject to
such conditions as may be prescribed by the Government.

(ii) Filling and Service stations of Petrol, Diesel, Compressed Natural Gas and/or any other Motor
Vehicle Fuel approved and allowed to be distributed by the Competent Authority, in combination with
other permissible use in the zone except Residential use and/or any other user that may not be
permitted by the M. C. for reasons to be recorded in writing subject to clearance of Controller of
Explosives and Chief Fire Officer and observance of such conditions as may be prescribed by them and
with the special permission of the Commissioner subject to the maximum limits prescribed and special
conditions as per DCR No. 55 table 23(xi)(36)

(iii) Trade or other similar schools.

(iv) Bulk storage of kerosene and bottled gas for domestic consumption with the special permission of
the Commissioner.

(v) Parking of automobiles and other light vehicles on open plots as a business or otherwise.

(vi) Fish or meat shops.

(vii) Residential hotels or lodging houses in independent buildings or parts of buildings or on upper
floors thereof with special written permission of the Commissioner, who will take into account the
suitability of the size and shape of the plot, the means of access, water and sanitary arrangements etc.
before granting the permission. The Commissioner shall not permit such use unless he is satisfied about
the provision of these arrangements:

Provided that residential hotels of 4 and 5 star categories may be allowed only in an independent plot of
size not less than 2,500 sq.m. and on roads of 18 m. width or more, a hotel of lower star category being
also allowed on a separate floor of a premises or a building with separate access :

Provided further that development of residential hotels of the star categories shall be permitted by the
Commissioner, only after due approval by Committee consisting of the Commissioner, the Metropolitan
Commissioner, Mumbai Metropolitan Region Development Authority, the Commissioner of Police (Law,
Order and Traffic) and the Managing Director, Maharashtra Tourism Development Corporation Ltd.

(viii) General agriculture, horticulture and domestic poultry, with limitation of keeping of upto 20 birds
at the rate of 0.25 sq. m. per bird.

(ix) Repairing garages not employing not more than 9 persons or 1.5 KW motive power with no floor
above, with the permission of the Commissioner.

(x) Business offices subject to the fulfillment of parking and other requirements; except that balconies if
any of such building shall not be free from F.S.I. computation.
(xi) Correctional and mental institutions, institutions for children, the aged or widows sanatoria and
hospitals (except veterinary hospitals) with the special permission of the Commissioner, provided that
those principally for contagious diseases shall be located not less than 36 m. from any boundaries.

(xii) Stadia.

53. Local Commercial Area/Zone (C-1 Zone).-

(1) Uses permitted in a Local Commercial Zone (C-1 Zone)- The following uses are permissible in the C-1
Zone:-

(i) Any uses permitted in a residential zone with a shop line (R-2 Zone).

(ii) Confectioneries, bakeries and establishments for the preparation and sale of eatables each not
occupying for production an area in excess of 250 sq. m. per establishment and employing not more than
25 persons or using power exceeding 10 KW with no upper floors, over the furnace portion. If only
electrical ovens are used, an additional load of upto 24 KVA may be permitted.

(iii) Auto part stores and show rooms for motor vehicles and machinery.

(iv) Sale of used or second hand goods for merchandise, excepting for junk, cotton and other waste rags
or other materials of an offensive nature.

(v) Club houses or other recreational activities conducted as business (with an extension counter or
branch of a bank).

(vi) Storage of furniture and household goods.

(vii) Retailing of building materials, open or enclosed, with not more than 500 sq.m. of area per
establishment.

(viii) Pasteurising and milk processing plants each employing not more than 9 persons and 7.5 KW
motive power within an area not more than 50 sq. m.

(ix) Printing, book-binding, engraving and block-making, each with an area not exceeding 120 sq. m. and
motive power not exceeding 7.5 KW per establishment.
(x) Veterinary dispensaries and hospitals and kennels in the suburbs and extended, suburbs only.

(xi) Supari and masala grinding/pounding using motive power not exceeding 7.5 KW or occupying more
than 25 sq.m. area, with the special permission of the Commissioner.

(xii) Prisons and animal pounds only in the suburbs and extended suburbs.

(xiii) Repair, cleaning shops and analytical experimental or testing laboratories each employing not
more than 15 persons (but not including cleaning and dyeing establishments, using a cleaning or dyeing
fluid having a flash point lower than 50 degree C and machines with dry-load capacity not exceeding 30
kg. or any establishment carrying on activities that are offensive because of emission of odour, dust,
smoke, gas, noise or vibration or otherwise dangerous to pubic health and safety),

Provided that the motive power requirement of each such establishment does not exceed 7.5 KW.

(xiv) Paper-box manufacturing, including paper-cutting, each employing not more than 9 persons with
motive power not exceeding 3.75 KW and area not more than 50 sq.m.

(xv) Mattress making and cotton-cleaning, each employing not more than 9 persons with motive power,
not exceeding 2.25 KW and area not more than 50 sq. m. per establishment.

(xvi) Establishments requiring power for selling tins, package, etc. each employing not more than 9
persons with motive power not exceeding 2.25 KW.

(xvii) Ice factories in independent buildings, each with an area of not more than 250 sq.m. and power not
more than 34 KW.

(xviii) Business offices, including trade exchanges.

(xix) Accessory uses, customarily incidental to any permitted principal use including storage space upto
50 per cent of the total floor area occupied for the principal use.

(xx) Aquariums.

(2) General Conditions governing the uses permitted in a C-1 Zone- In buildings premises or plots in a
Local Commercial Zone (C-1 Zone), the uses permitted shall be subject to the following conditions:-
(a) All goods offered for sale shall be displayed within the building, and not in passages and open spaces.

(b) When the commercial zone boundary falls short of a street, the frontage along such street shall not
be developed for uses which would not be permissible along such street.

(c) When the uses other than those permissible in the R-1 Zone, have an access from the side or rear
open space, the width of such open space shall not be less than 7 m.

(d) In the Island City, except for uses given in items at (I), (iii), (vi) and (xviii) in sub-regulation (1) of this
regulation the area of individual uses permitted shall not exceed 100 sq. m. unless specified to the
contrary.

54. District Commercial Area/Zone (C-2 Zone).-

(1) User permitted in a District Commercial zone (C-2 zone)

The following user are permissible in C-2 zone:-

(i) Area to the extent of 40% of permissible floor area, shall be developed for following users, as per the
specification of the Corporation.

(a) Wholesale Establishment.

(b) Public utility building.

(c) Headquarters of a Commercial organization or firm.

(d) Printing, book binding engraving and block making.

On the remaining 60% of the permissible floor area, uses permissible in a local Commercial Zone (C-1
Zone) shall be permissible provided that, the extent of residential use shall not exceed 30% of the
remaining 60% of the permissible floor area.

(2) General conditions governing the uses permitted in the C-2 Zone.- In a building premises in a District
Commercial Zone (C-2 Zone), the uses permitted in sub-Regulation (1) above shall be permitted subject
to the following conditions:-
(a) All goods offered for sale shall be displayed within the building and not in passages and open spaces.

(b) When the commercial zone boundary falls short of a street, the frontage along such street shall not
be developed for uses which would not be permissible along such street.

(c) If the uses, excepting those permissible in the R-1 zone, derive access from the side or rear open
space, the width of such open space shall not be less than 7 m.

(3) Residential uses will be permitted in C-2 zone subject to following conditions:-

(a) A composite proposal of development of land for residential use and commercial use shall be
submitted by the Owner / Developer.

(b) The extent of residential use shall not exceed 30% of the permissible floor area.

(c) Occupation certificate for residential development shall be granted only after grant of occupation
certificate in regard to corresponding proportionate work in commercial user.

55. Services Industries Zone (I-1 Zone).-

(1) Uses permissible in the Service Industries Zone (I-1 Zone) and the conditions governing such uses:-
Service industries may be permitted as indicated in Table 23 hereunder in an independent designated
plot or in an I-1 zone, or with the Commissioner’s special permission in the R-2, C-1 and C-2 zones and
subject to the limitations of area permitted, maximum number of persons to be employed, maximum
permissible power requirement and the special conditions given in the said Table.

Further, watchmen’s quarters, canteens and banks may be permitted within a plot, building or premises
for service industries.

TABLE 23

Uses permissible in Service Industries Zone (I-1) and conditions governing such uses
Sr. Category of Service Industry permitted subject to Special conditions, if
any
No Industry
Maximum Maximum Maximum
permissible permissible permissible

Power Employment floor area

(in KW) (sq.m.)

(3) (4) (5)


(6)

(1) (2)

I. Food Products-

(1) Ground nut 7.5 9 50


decorticators

(2) Grain mill for 7.5 9 50


production of flour

(3) Manufacture of 7.5 9 50


supari and masala
grinding

(4)Manufacture of 10 25 250 (i) Fuel used shall be


bakery products electricity, gas or

smokeless fuel.

(ii) No floor above


the furnace portion

(iii) Where only


electric oven is
used, an additional
heating load of
24 KVA permitted
per

establishment.

(5) Coffee curing, 1.5 9 50

roasting and grinding.

(6) Manufacture of 45.0 20 250


ice

(7) Sugarcane and 1.5 9 25


fruit juice crushers

(8) Rice-hullers 7.5 9 50

(9) Manufacture of 7.5 9 50


milk and dairy
products.

(10) Manufacture of 7.5 9 50


ice-cream and ice
candy.

II Tobacco-

(11) Manufacture of No power to No Limit 250


bidis be used.

III Textile and Textile

Products-

(12) Embroidery and 3.75 9 50


making of crepe laces
and fringes.
(13) Manufacture of 2.25 9 50
textile goods, such as
wearing apparel,
curtains, mosquito
net, mattresses
bedding material,
pillow cases, textile
bags.

(14) Mattress making 2.25 9 50


and cotton cleaning.

IV. Wood Products and


Furnitures-

(15) Manufacture of 2.75 9 50 Not permitted


wooden furniture under or adjoining a
and fixtures. dwelling unit.

(16)Manufacture of 2.25 9 50 Not permitted


bamboo and cane under or adjoining a
furniture and dwelling unit.
fixtures.

V. Paper products and


Printing Publishing-

(17) Manufacturing 3.75 9 50 (i) Manufacture


of containers and
boxes from paper with paper pulp
board.
not permitted.

(ii) No restrictions
on

power, number

of employees,
area or hours of

operation shall

apply if located

in a building on

a separate plot

not less than 500


sq.m. in area and if
special

permission of

the Commissioner is

obtained.

(18) Printing and 7.5 9 120 (i) Manufacture

Publishing with paper pulp


periodicals, books,
journals, not permitted.

atlases, maps, (ii) No restrictions


on
envelopes, picture
power, number
post-cards and
of employees,
embossing.
area or hours of

operation shall
apply if located

in a building on

a separate plot

not less than 500


sq.m. in area and if
special

permission of

the Commissioner is

obtained.

(19) Engraving, 7.5 9 120

etching, block-
making etc.

(20) Book binding 7.5 9 120

Leather products

VI. excluding tanning-

(21) Manufacture of 3.75 9 50 Manufacture of


leather footwear. leather or leather
processing not
permitted.

(22) Manufacture of 3.75 9 50


wearing apparel like
coats, gloves.
(23) Manufacture of 3.75 9 50
leather consumer
goods such as
upholstery, suitcases,
pocket books,
cigarette and key
cases, purses.

(24) Repair of 3.75 9 50


footwear and other
leather products.

VII Rubber and Plastic


Products-

(25) Retreading, 1.5 9 50


recapping and
vulcanizing works.

(26) Manufacture of 1.5 9 50


rubber balloons,
handgloves and allied
products.

VIII Metal products-

(27) Tool 0.75 9 25


sharpening
and razor sharpening
works.

(28) Umbrella 0.75 9 50


assembly works

IX Electrical Goods-

(29) Repairs of 2.25 9 50 No spray painting


household electrical permitted.
appliances, such as
radio and television
sets, tape recorders,
video sets, heaters,
irons, shavers,
vacuum cleaner,
refrigerators, air
conditioners,
washing machines,
electric

cooking ranges,
meter rewinding
works.

(30) Electronic 3.75 9 50 Only permitted on


industry of assembly ground floor.
type.

X Transport
Equipment-

(31) (a)Servicing of 3.75 9 100 No floor above.


motor vehicles and
motor cycles.

(b) Repair of motor 3.75 9 100 (i) No spray painting


vehicles and motor permitted.
cycles.
(ii) No floor above.

(c) Battery 5.0 6 25


charging and
repairs.
(d) Repair of 3.75 6 50

bicycles and cycle

rickshaws.

XI Other Manufacturing

and Repairs,

Industries and

Services-

(32) Manufacture of 2.25 9 50


jewellery and related
articles.

(33) Repairs of 2.25 9 50

watches, clocks and


jewellery.

(34) Manufacture of 2.25 9 50


musical instruments

and their repairs.

(35)(a) Repairs of 2.25 9 50


locks, stoves,
umbrellas, sewing

machines,
gasburners,
buckets and other
sundry household

equipments.

(b) Optical glass 2.25 3 50

grinding and repairs.

(36A) Filling stations (i) Quantities


of Petrol, Diesel,
Compressed Natural in (b) or (c) will
Gas stations and/or
any other motor be permitted
vehicle fuel in plot
size of 30.5 Mt for daughter
x16.75 Mt. And filling
and service stations. booster pumping
Petrol, Diesel,
Compressed Natural station and on
Gas Stations and/or
any other motor line pumping
vehicle fuel in plot
size of 36.5 mt x 30.5 station
mt. and
respectively

over (a).
(B) Filling stations of
only Compressed (ii) Permissible
Natural Gas power mentioned in
Minimum area of plot
300 sq.mt. (b) & (c) will be

Used exclusively
for compressing

and filing gas

(a) 15 9 No Limit in vehicles.

(b) 30 per 6 No limit (iii)Special


compressor
(not more permission
than 3
compressor) from

(c)150 per Commissioner


compressor
is necessary
(not more
than 3 6 No Limit after clearance

Compressors) by the

Maharashtra

Pollution Control
Board

from noise

pollution point

of view and

controller of

Explosive and

Chief Fire
Officer and

observance of

such conditions as
they may

prescribe.

(37) Audio, taping 4.0 9 50

recording,
manufacture of

equipment for the

same and recording


studio.

(38) Laundries, 4.0 9 50 (i) Cleaning


laundry services and
cleaning, dyeing, and dyeing
bleaching and dry
cleaning. fluid used should
not

have a flash

point lower

than a 590 C.

(ii)Machinery

having dry load


capacity of 20

kg. and above.

(39) Data 4.0 9 50


Procession
Units with use of
computer.

(40) Photo- 3.75 9 50


processing,

laboratories,
Xeroxing,

photocopying, video
taping and their
laboratories.

(41) Repacking and 2.25 9 50


mixing of liquids,
powders, pastes etc.
not involving any

chemical reaction

which is non-
hazardous in nature.

(42) Diamond cutting 15.0 30 120


and polishing

Note:- (1) In the R-2, C-1 and C-2 zones, the hours of the operation for the concerned industry shall be
from 08 to 20 hours only.
(2) With the approval of the Corporation, the Commissioner may from time to time add to alter or
amend the above Table.

(3) Notwithstanding anything contained in these Regulations, CNG and any other motor vehicle fuel
stations may be permitted in existing authorized petrol, diesel filling stations subject to any other
conditions which the Commissioner may prescribe.

55(2) Information Technology Establishment shall be permitted in I-1 Zone and Services Industrial
Estates on all plots fronting on roads having width more than 12.0 metre.

55(3) Business offices may be permitted on roads of width 24 mtrs and above in the Island City and 18
mtrs. and above in the suburbs and extended suburbs.

55(4) Biotechnology units shall be permitted on all plots fronting roads having width more than 12 mt.

56. General Industries Zone: (I-2 Zone).-

(1) General conditions governing the uses permitted in an I-2 Zone – The General industries Zone (I-2
Zone) includes any building or part of a building or structure in which products or materials of all kinds
and properties are fabricated, assembled or processed, e.g. assembly plants, laboratories, dry-cleaning
plants, power plants, pumping stations, smoke houses, laundries, gas plants, refineries, dairies and saw-
mills.

(2) Uses permitted in a General Industries Zone (I-2 Zone):- Buildings or premises in the General
Industries Zone (I-2 Zone) may be used for any industrial and accessory uses except the following :-

(i) Any dwelling other than dwelling quarters of watchman, caretakers or other essential staff required
to be maintained on the premises;

(ii) Acetone manufacture;

(iii) Acetylene gas manufacture and storage;

(iv) Acid manufacture;

(v) Air-craft (including parts) manufacture;


(vi) Alcohol manufacture;

(vii) Ammonia manufacture;

(viii) Aniline dyes manufacture;

(ix) Arsenol manufacture;

(x) Asphalt manufacture or refining;

(xi) Automobiles, trucks and trailers (including parts) manufacture or engine rebuilding or motor body-
building employing pneumatic riveting;

(xii) Blast furnace;

(xiii) Bleaching powder manufacture;

(xiv) Boiler works manufacture or repairs, except repairs to boilers with heating surface not exceeding 5
sq. m.

(xv) Bricks, tile or terra-cotta manufacture;

(xvi) Carbide manufacture;

(xvii) Caustic Soda and compound manufacture;

(xviii) Celluloid or cellulose manufacture or treatment and articles manufacture;

(xix) Cement manufacture;

(xx) Charcoal and fuel briquettes manufacture;

(xxi) Coke manufacturing ovens;

(xxii) Chlorine manufacture;

(xxiii) Concrete product manufacturing including concrete central mixing and proportioning plants;
(xxiv) Cotton ginning, cleaning, refining or pressing and manufacture or cotton wadding or lint, except
cotton processing for the purpose of preparing mattresses.

(xxv) Creosote manufacture or treatment;

(xxvi) Disinfectant manufacture, except mixing of prepared dried liquid ingredients;

(xxvii) Distillation of bones, coal or weed;

(xxviii) Dye-stuff manufacture, except mixing of dry powders and wet mixing;

(xxix) Exterminator or pest poison manufacture except mixing of prepared ingredients;

(xxx) Emery cloth and sand-paper manufacture;

(xxxi) Explosive or fireworks’ manufacture or storage, except storage in connection with retail sale;

(xxxii) Fat rendering;

(xxxiii) Fertilizer manufacture;

(xxxiv) Photographic film manufacture;

(xxxv) Flour mill with motive power exceeding 18.75 KW., grain crushing or processing mill with motive
power exceeding 37.5 KW, masala grinding mill with motive power exceeding 11.25 KW., or a
combination of more than one of the above mills with aggregate motive power exceeding 45 KW. and
any one mill using motive power in excess of the above limits;

(xxxvi) Forges, hydraulic or mechanically operated;

(xxxvii) Garbage, offal or dead animals reduction, dumping or incineration;

(xxxviii) Gas manufacture and storage in cylinders, except manufacture of gas as an accessory to a
permissible industry;

(xxxix) Glass manufacture, except manufacturing of glass products from manufactured glass;
(xl) Glue, sizing material or gelatin manufacture;

(xli) Graphite and graphite products manufacture;

(xlii) Gypsum or plaster of paris manufacture;

(xliii) Hair, felt, fur and feather-bulk-processing, washing, curing and dyeing;

(xliv) Hydrogen and oxygen manufacture;

(xlv) Industrial alcohol manufacture;

(xlvi) Printing ink manufacture;

(xlvii) Junk (iron, aluminum, magnesium or zinc), cotton-waste or rags storage and baling;

(xlviii) Jute, hemp, sisal, coir and cokum products manufacture;

(xlix) Lime manufacture;

(l) Match manufacture;

(li) Lamp, black, carbon black or bone black manufacture;

(lii) Metal foundries with an aggregate capacity exceeding 10 tonnes a day;

(liii) Metal processing (including fabrication and machinery manufacture) factories employing such
machine tools or process as a power hammer forging matching, pneumatic drilling or riveting, sheet
working with heavy sledge hammers, or processes expressly prohibited herein.

(liv) Metal finishing, enameling, anodizing, japanning, plating, galvanising, lacquering grinding, polishing,
rust-proofing and heat treatment;

(lv) Paint, oil, shellac, turpentine or varnish manufacture, except manufacture of edible oils;

(lvi) Oil-cloth or linoleum manufacture, except water-proofing of paper or cloth.


(lvii) Papers, card-board or pulp manufacture;

(lviii) Petroleum or its products, refining or wholesale storage;

(lix) Plastic materials and synthetic resins’ manufacture;

(lx) Pottery or ceramic manufacture, other than the manufacture of handicraft products;

(lxi) Potash works;

(lxii) Pyrexilin manufacture or products;

(lxiii) Rolling mills;

(lxiv) Rubber (natural or synthetic) or gutta-percha manufacture, except manufacture of latex goods and
small rubber products and synthetic-treated fabrics, such as washers, gloves, footwear, bathing-caps,
atomizers, hoses, tubings, wire insulation, toys and balls, but including manufacture of tyres and tubes;

(lxv) Salt works, except manufacture of common salt from sea water;

(lxvi) Sand, clay or gravel quarrying;

(lxvii) Smelting, reduction, refining and alloying of metal and metal ores except of rare and precious
metals;

(lxviii) Soap manufacture, other than cold mix;

(lxix) Soda and compound manufacture;

(lxx) Starch, glucose or dextrose manufacture;

(lxxi) Stock-yard or slaughter of animals or fowls, except the slaughter of fowls incidental to retail
business;

(lxxii) Stone-crushing and quarrying;

(lxxiii) Shoe polish manufacture;


(lxxiv) Sugar manufacture or refining;

(lxxv) Tallow, grease or lard manufacture;

(lxxvi) Tanning, curing or storage of raw hides or skins;

(lxxvii) Tar distillation or manufacture;

(lxxviii) Tar products’ manufacture;

(lxxix) Textilesí manufacture, excepting manufacture of rope , bandage, net and embroidery using
electric power upto 37.5 KW.;

(lxxx) Vegetable oil manufacturing and processing plants;

(lxxxi) Wood and timber, bulk processing and wood working including saw-mills and planning mills,
excelsior plywood and veneer and wood preserving treatment, except the manufacture or wooden
articles with saw or planning machines;

(lxxxii) Wax products’ manufacture from paraffin;

(lxxxiii) Wool-pulling or scouring;

(lxxxiv) Yeast Plant;

(lxxxv) In general, those uses which may be offensive by reason of emission of odour liquid effluvia, dust,
smoke, gas noise, vibration or fire hazards.

(3) Notwithstanding anything contained above.-

(a) Service industries and service industrial estates shall be permissible in the General Industries Zone
(I-2 Zone).

(b) With the previous approval of Commissioner and on such conditions as deemed appropriate by him,
the existing or newly built-up area of unit, in the General Industrial Zone (Zone I-2), (including industrial
estates) excluding that of cotton textile mills, may be permitted to be utilised for an office of commercial
purposes, as a part of a package of measures recommended by the Board of Industrial and Financial
Reconstruction (BIFR), Financial Institutions and Commissionerate of Industries for the
revival/rehabilitation of potentially viable sick industrial units.

(c) With the previous approval of the Commissioner, any open land or lands or industrial lands in the
General Industrial Zone, (I-2 Zone) (including industrial estates), excluding lands of cotton textile mills,
may be permitted to be utilised for any of the permissible users in the Residential Zone (R-1 Zone) or
the Residential Zone with shop line (R-2 Zone) or for those in the Local Commercial Zone (C-1 Zone)
subject to the following :

(i) The conversion of Industrial Zone to Residential/Commercial Zone in respect of closed industries
shall not be permitted unless NOC from Labour Commissioner, Maharashtra State, Mumbai stating that
all legal dues have been paid to the workers or satisfactory arrangement between management and
workers have been made, is obtained. Provided that where conversion has been permitted on the basis
of this certificate, occupation certificate will not be given unless a no dues certificate is granted by
Labour Commissioner. However, in respect of any open land in the industrial zone, where industry never
existed, NOC from Labour Commissioner is not required.

The layout or sub division of such land shall be approved by the Commissioner, who will ensure that 5%
land for public utilities and amenities like electric sub-station, bus-station, sub-post office, police out
post and such other amenities, as may be considered necessary, will be provided therein.

(ii) In such layouts or sub divisions having areas more than 2 Ha. but less than 5 ha., 20% land for public
utilities and amenities like electric sub-station, bus-station, sub-post office, police out post garden,
playground, school dispensary and such other amenities shall be provided.

In such layout or sub division each more than 5 ha. in area, 25% land for public utilities and amenities
like electric, sub-station, bus-station, sub-post office, police out post garden, playground, school
dispensary and such other amenities shall be provided.

Provided that at least 50% of the amenity space shall be designated as open space reservation.

These areas will be in addition to the recreational space as required to be provided under regulation
No.23.

(iii) The required segregating distance as prescribed under these regulations shall be provided within
such land intended to be used for residential or commercial
Purposes.

(iv) Such residential or local commercial development shall be allowed within the permissible FSI of the
nearby residential or commercial zone.

(v) Provision for public utilities, amenities and open space shall be considered to be reservation in the
development plan and Transferable Development Rights as in Appendix VII or FSI of the same shall be
available for utilization on the remaining land. Provided that public utility and amenity plots shall not be
developed as per Regulation 9.

Note:

1. Conversion from industrial zone to residential/commercial zone shall be applicable to the part area
of land holding subject to the condition that total area of the entire land holding shall be considered
for deciding the percentage of and to be reserved of the said part area of land for public amenity
spaces, as per the said Regulation. However, necessary segregating distance shall be provided from
industrial use.
2. In the layout, where Development Plan has provided any reservations,-
3. A. If the area under Development Plan reservation is less than the required area of public amenity
space as per the said Regulation, then only the difference between the area shall be provided for
public amenity spaces.

4. If the area under Development Plan reservation is more than the required area of public amenity
spaces as per the said regulation, then the provision for public amenity spaces is not necessary.

III. Out of the total floor area proposed to be utilized for residential development, 20% of the same shall
be built for residential tenements having built up area upto 50 sq.mt.

56. (3)(c)(vi) If the development is already in progress as per clarification vide letter No. TPB
4393/1957/CR-230/UD-11 dated 20/10/1995 and if full occupation certificate has not been
granted, then the land owners/developer may convert the proposal in accordance with the
provisions of notification dated 14/5/07 subject to following conditions :

Conditions:-

(1) The revised provisions will be applicable in toto. The benefit of both old and revised regulations shall
not be allowed.

(2) The benefit of revised regulations will be applicable only in the cases where (a) full occupation
certificate has not been granted and (b) required amenity space or D.P. reservations, if any, has not been
handed over to the Corporation.

(d) With the previous approval of the Commissioner, and subject to such terms as may be stipulated by
him, open land in existing industrially zoned land or space, excluding land or space of cotton textile mills,
which is unoccupied or is surplus to requirement of the industry’s use may be permitted to be utilised
for office or commercial purposes, but excluding warehousing.

(e) With the special written permission of the Commissioner, isolated small open plots upto one hectare
in size which are allocated for industrial purposes and situated predominantly in the residential zone
(excluding the plots of cotton textile mills) may be permitted to be used for any permissible users in
Residential Zone (R-1 Zone) or the Residential Zone with shopline(R 2 zone).

(f) Information Technology Establishment shall be permitted on all plots fronting on roads having width
more than 12 mtres.

(g) Biotechnology units shall be permitted on all plots fronting roads having width more than 12 mt.

(4) Other uses in the General Industrial Zone (I-2 Zone) — If a plot in the General industrial Zone (I-2)
becomes unbuildable for industrial uses because of any restriction in the Industrial Location Policy or
restrictions regarding segregating distances as provided under these Regulations, the following uses
may be permitted on such a plot; with the written permission of the Commissioner:-

(i) Petrol pumps and service stations;

(ii) Parking lots;

(iii) Electric sub-stations;

(iv) Non-residential buildings, offices for public utility concerns or organizations;

(v) Branches of banks, including safe deposit vaults, telephone exchanges, police stations, Government
and semi-Government offices, municipal sub-offices, fire stations, posts and telegraph offices;

(vi) Hotels each with not more than 50 rooms;

(vii) Convenience shops, department stores, tea stalls etc.


(viii) Restaurants;

(ix) Warehouses in the suburbs or extended suburbs only;

With the prior approval of the Government, the Commissioner may alter, amend or add to the list of the
above users.

57.Special Industries Zone (I-3 Zone):- (1) General conditions governing the uses permitted in an I-3
Zone- The Special Industrial Zone (I-3 Zone) includes any building or part of a building which is used for
the storage, handling, manufacturing or processing or highly combustible of explosive materials or
products which are liable to burn with extreme rapidity of which may produce poisonous fumes or
explosions; for storage, handling, manufacturing or processing which involve highly corrosive, toxic or
various alkalis, acids or other liquid, or chemicals producing flames, fumes and explosive, poisonous,
irritant or corrosive gases; or for the storage, handling or processing of any material producing
explosive mixtures of dust or which result in the division of matter into fine particles capable of
spontaneous ignition. Examples of buildings in this class are those used for:-

(a) Storage, under pressure of more than 1 kg/cm2 and in quantities exceeding 70 cubic meters (m3) of
acetylene, hydrogen, illuminating and natural gases, ammonia, chlorine phosgene, sulphur-di-oxide,
methyl oxide, carbon-di-oxide and all gases subject to explosion, fume or toxic hazard;

(b) Storage and handling of hazardous and highly inflammable liquids;

(c) Storage and handling of hazardous highly inflammable or explosive materials, other than liquids;

(d) Manufacture of synthetic leather, ammunition, explosives and fireworks.

(2) Uses permitted in a special Industries zone (I-3 Zone):- Buildings or premises in the Special
Industries zone (I-3 Zone) may be used for industrial and warehousing purposes, except as stipulated in
sub Regulation (4) of this Regulation.

(3) Additional restrictions on certain types of industries:- The following types of industries however,
shall require the special permission of the Commissioner and to minimize nuisance and other
environmental hazards, he may prescribe additional restrictions like increased minimum plot size,
additional marginal open space within the plot boundary:-
(i) Acids like sulphurous, sulphuric, citric, nitric, hydrochloric or other corrosive types including
manufacture or their use of storage except as accessory to a permitted industry;

(ii) Alcohol ammonia and acetone manufacture;

(iii) Blast furnace;

(iv) Bleaching powder manufacturer;

(v) Cellulose manufacture and manufacture of similar explosives or inflammable products;

(vi) Cellulose manufacture or treatment;

(vii) Cement manufacture;

(viii) Chlorine manufacture;

(ix) Dyestuff manufacture;

(x) Explosive or inflammable products manufacture;

(xi) Fat rendering;

(xii) Fat, tallow, grease or lard refining or manufacturing;

(xiii) Fertilizer manufacture form organic materials;

(xiv) Explosives fireworks – storage or manufacture;

(xv) Gelatin or glue manufacture, or processes, involving recovery from fish or animal offal.

(xvi) Gypsum, plaster or plaster of Paris manufacture;

(xvii) Lime manufacture;

(xviii) Match manufacture;


(xix) Offal, dead animals garbage or refuse dumping, incineration and reduction or commercial basis or
the establishment of loading and transfer platforms, except where restricted, regulated or controlled by
Government or Municipal authorities having the power to restrict, regulate or control them;

(xx) Paraffin wax products manufacture including candles;

(xxi) Photographic films manufacture;

(xxii) Pyroxylin manufacture;

(xxiii) Smelting of aluminum, magnesium, tin, copper, zinc or iron;

(xxiv) Tar distillation or manufacture;

(xxv) Turpentine, varnish or size-manufacture or refining ;

(xxvi) Diamond cutting and polishing;

(4) Notwithstanding anything contained above, –

(a) Service industries and service industrial estates shall be permissible in the Special Industries Zone (I-
3 Zone).

(b) With the previous approval of the Commissioner and on such conditions as deemed appropriate by
him, the existing or newly built-up area of units in the Special Industrial Zone (Zone I-3) (including
industrial estates), excluding that of cotton textile mills, may be permitted to be utilised for an office or
commercial purposes, as a part of a package measures recommended by the Board of Industrial and
Financial Reconstruction (BIFR), Financial Institutions and Commissionerate of Industries for the
revival/rehabilitation of potentially viable sick industrial units.

(c) With the previous approval of Commissioner, any open land or lands or industrial lands in the Special
Industrial Zone (1-3 Zone) (including industrial estate), excluding lands of cotton textile mills, may be
permitted to be utilised for any of the permissible users in Residential Zone (R-1 Zone) or Residential
Zone with shop line (R-2 Zone) or for those in the Local Commercial Zone (C-1 Zone) subject to the
following:-
(i) The conversion of Industrial Zone to Residential/Commercial Zone in respect of closed
industries shall not be permitted unless NOC from Labour Commissioner, Maharashtra State, Mumbai
stating that all legal dues have been paid to the workers or satisfactory arrangement between
management and workers have been made, is obtained. Provided that where conversion has been
permitted on the basis of this certificate, occupation certificate will not be given unless a no dues
certificate is granted by Labour Commissioner. However, in respect of any open land in the industrial
zone, where industry never existed, NOC from Labour Commissioner is not required.

The layout or sub division of such land shall be approved by the Commissioner, who will ensure that 5%
land for public utilities and amenities like electric, sub-station, bus-station, sub-post office, police out
post and such other amenities, as may be considered necessary, will be provided therein.

(ii) In such layouts or sub divisions having areas more than 2 Ha. but less than 5 ha., 20% land for public
utilities and amenities like electric, sub-station, bus station, sub-post office, police out post garden,
playground, school dispensary and such other amenities shall be provided.

In such layout or sub division each more than 5 ha. in area, 25% land for public utilities and amenities
like electric, sub-station, bus-station, sub-post office, police out post garden, playground, school
dispensary and such other amenities shall be provided.

Provided that at least 50% of the amenity space shall be designated as open space reservation.

These areas will be in addition to the recreational space as required to be provided under regulation
No.23.

(iii) The required segregating distance as prescribed under these regulations shall be provided within
such land intended to be used for residential or commercial purposes

(iv) Such residential or local commercial development shall be allowed within the permissible FSI of the
nearby residential or commercial zone.

(v) Provision for public utilities, amenities and open space shall be considered to be reservation in the
development plan and Transferable Development Rights as in Appendix VII or FSI of the same shall be
available for utilization on the remaining land.

Provided that public utility and amenity plots shall not be developed as per Regulation 9.
Note:-

1. Conversion from industrial zone to residential/commercial zone shall be applicable to the part area
of land holding subject to the condition that total area of the entire land holding shall be considered
for deciding the percentage of and to be reserved of the said part area of land for public amenity
spaces, as per the said Regulation. However, necessary segregating distance shall be provided from
industrial use.
2. In the layout, where Development Plan has provided any reservations,-
3. If the area under Development Plan reservation is less than the required area of public amenity
space as per the said Regulation, then only the difference between the area shall be provided for
public amenity spaces.

4. If the area under Development Plan reservation is more than the required area of public amenity
spaces as per the said regulation, then the provision for public amenity spaces is not necessary.

III. Out of the total floor area proposed to be utilized for residential development, 20% of the same shall
be built for residential tenements having built up area upto 50 sq.mt.

57. (4)(c)(vi) If the development is already in progress as per clarification vide letter No. TPB
4393/1957/CR-230/UD-11 dated 20/10/1995 and if full occupation certificate has not been
granted, then the land owners/developer may convert the proposal in accordance with the
provisions of notification dated 14/5/07 subject to following conditions:-

Conditions:-

(3) The revised provisions will be applicable in toto. The benefit of both old and revised regulations shall
not be allowed.

(4) The benefit of revised regulations will be applicable only in the cases where (a) full occupation
certificate has not been granted and (b) required amenity space or D.P. reservations, if any, has not been
handed over to the Corporation.

(d) With the previous approval of the Commissioner, and subject to such terms as may be stipulated by
him, open land in existing industrially zoned land or space, excluding land or space of cotton textile mills,
which is unoccupied or surplus to requirement of the industry’s use may be permitted to be utilised for
office or commercial purposes but excluding warehousing.

(e) With the special written permission of the Commissioner, isolated small open plots upto one hectare
in size allocated for industrial purposes and situated predominantly in the residential zone (excluding
the plots of cotton textile mills), may be permitted to be used for any permissible users in Residential
Zone (R-1 Zone ) or the Residential Zone with shop line (R-2 Zone).

(f) Information Technology Establishment shall be permitted on all plots fronting on roads having width
more than 12 metre.

(g) Biotechnology units shall be permitted on all plots fronting roads having width more than 12 mt.

(5) Other uses in the Special Industries Zone (I-3 Zone).-If a plot in the Special Industrial zone (I-3 Zone)
becomes unbuildable for industrial use because of any restrictions in the Industrial Location Policy or
restrictions regarding segregating distance as provided under these Regulations, the following uses may
be permitted on such a plot with the special permission of the Commissioner :–

(i) Petrol-pumps and service stations;

(ii) Parking lots;

(iii) Electric sub-stations;

(iv) Non-residential building, offices for public utility concerns or organisations;

(v) Branches of banks including safe deposit vaults, telephone exchanges, police stations, Government
and Semi-Government offices municipal sub-offices, fire stations and posts and telegraph offices.

(vi) Hotels each with not more than 50 rooms;

(vii) Convenience shops, department stores, tea stalls etc.;

(viii) Restaurants;

(ix) Warehouses only in the suburbs and extended suburbs.

With the prior approval of the Government, the Commissioner may alter, amend or add to the list of the
above users.

57A. Notwithstanding anything contained in these Regulations, new offices or expansions of existing
offices in new buildings or reconstructed buildings or existing buildings or additions to the existing
buildings may be permitted in Residential Zone with shop line (R-2), Commercial Zone (C-1 & C-2) and
Industrial Zone (I-1, I-2 & I-3) situated in the Island City subject to the following conditions:-

(a) adequate parking space as required under these Regulations is provided;

(b) in case of development in R-2 Zone on independent plots, 100 per cent built up space can be utilized
for office use, provided that no mixed user may be permitted where the office use exceeds 30%;

(c) In case of development in R-2 Zone comprising of mixed users, the built up area for office use shall be
restricted to 30% of the total permissible built up area provided that the same shall be segregated from
residential user by a separate building or separate wing or on separate floor accessible by independent
staircase;

(d) Reconstruction of existing office stock located in old buildings may be allowed at consumed FSI or
permissible FSI, whichever is more;

(e) Office use may be permitted in Slum Redevelopment Schemes undertaken as per the provisions of
these Regulations, both in the Island City and the rest of Mumbai. However, the extent of office use shall
be limited to the floor area available for free sale.

58. Development or redevelopment of lands of cotton textile mills.—

(1) Lands of sick and / or closed cotton textile mills.-With the previous approval of the Commissioner to
a layout prepared for development or redevelopment of the entire open land and built-up area of a sick
and/or closed cotton textile mill and on such conditions deemed appropriate and specified by him and as
a part of a package of measures recommended by the Board of Industrial and Financial Reconstruction
(BIFR) for the revival/rehabilitation of a potentially viable sick and/or closed mill, the Commissioner may
allow:-

(a) The existing built-up areas to be utilised-

(i) For the same cotton textile or related user subject to observance of all other Regulations;

(ii) For diversified industrial user in accordance with the industrial location policy, with office space only
ancillary to and required for such users, subject to and observance of all other Regulations;

(iii) For commercial purposes, as permitted under these Regulations;


(b) Open lands and balance FSI shall be used as in the Table below:-
Seria Extent Percentage to be Percentage to be earmarked Percentage to be
l No. earmarked for and handed over for earmarked and to be
Recreation development by MHADA for
Ground/Garden/ Public Housing / for mill developed for residential or
Playground or worker’s housing as per commercial user (including
any other open users permissible in
user as specified guidelines approved by residential or commercial
by the zone as
Commissioner Government, to be shared
equally per these Regulations) or
diversified Industrial

users as per Industrial

Location Policy, to be
developed by the owner

(5)

(3)
(4)

(1)
(2)

1. Upto and 33 27 40
inclusive

of 5 Ha.

2. Between 33 34 33

5 Ha and

upto 10 Ha.

3. Over 10 33 37 30

Ha.

Notes.- (i) In addition to the land to be earmarked for recreation ground/garden/playground or any
other open user as in column (3) of the above Table, open spaces, public amenities and utilities for the
lands shown in columns (4) and (5) of the above Table as otherwise required under these Regulations
shall also be provided.

(ii) Segregating distance as required under these Regulations shall be provided within the lands
intended to be used for residential/commercial users.

(iii) The owner of the land will be entitled to Development Rights in accordance with the Regulations for
grant of Transferable Development Rights as in Appendix VII in respect of lands earmarked and handed
over as per column (4) of the above Table. Notwithstanding anything contained in these Regulations,
Development Rights in respect of the lands earmarked and handed over as per column (3) shall be
available to the owner of the land for utilization in the land as per Column (5) or as Transferable
Development Rights as aforesaid.

(iv) Where FSI is in balance but open land is not available, for the purposes of column (3) and (4) of the
above Table, land will be made open by demolishing the existing structures to the extent necessary and
made available accordingly.
(v) Where the lands accruing as per Columns (3) & (4) are, in the opinion of the Commissioner, of such
small sizes that they do not admit of separate specific uses provided for in the said columns, he may, with
the prior approval of Government, earmark the said lands for use as provided in Column (3).

(vi) It shall be permissible for the owners of the land to submit a composite scheme for the development
or redevelopment of lands of different cotton textile mills, whether under common ownership or
otherwise, upon which the lands comprised in the scheme shall be considered by the Commissioner in
an integrated manner.

(vii) Notwithstanding anything above, the layout of mill land shall be submitted by the mill owner within
six months of closure of the mill or within six months of this modification whichever is later and the
lands earmarked for MHADA & Recreation Ground shall be handed over to the concerned Authority
immediately after the approval of layout.

(2) Lands of cotton textile mills for purpose of modernization:- With previous approval of the
Commissioner to a layout prepared for development or redevelopment of the entire open land and/or
built-up area of the premises of a cotton textile mill which is not sick or closed, but requiring
modernisation on the same land as approved by the competent authorities, such development or
redevelopment shall be permitted by the Commissioner, subject to the condition that it shall also be in
accordance with scheme approved by Government, provided that, with regards to the utilization of built
up area, the provisions of clause (a) of sub-Regulation (1) of this Regulation shall apply and, if the
development of open lands and balance FSI exceeds 30 per cent of the open land and balance FSI, the
provisions of clause (b) of Sub-Regulation (1) of this Regulations shall apply.

Notes.– (i) The exemption of 30 per cent as specified above may be availed of in phases, provided that,
taking into account all phases, it is not exceeded in aggregate.

(ii) In the case of more than one cotton textile mill owned by the same company, the exemption of 30%
as specified above may be permitted to be consolidated and implemented on any of the said cotton
textile mill lands within Mumbai provided, and to the extent, FSI is in balance in the receiving mill land.

(3) Lands of cotton textile mills after shifting:– If a cotton textile mill is to be shifted out side Greater
Mumbai but within the State, with due permission of the competent authorities, and in accordance with
a scheme approved by Government, the provisions of sub-clauses (a) and (b) of Sub-Regulation (1) of
this Regulation shall also apply in regard to the development or redevelopment of its land after shifting.
(4) The condition of recommendation by the Board of Industrial and Financial Reconstruction (BIFR)
shall not be mandatory in the case of the type referred to in sub-Regulations (2) and (3) above.

(5) Notwithstanding anything contained above, the Commissioner may allow additional development to
the extent of the balance FSI on open lands or otherwise by the cotton textile mill itself for the same
cotton textile or related user.

(6) With the previous approval of the Commissioner to a layout prepared for development or
redevelopment of the entire open land and / or built up area of the premises of a cotton textile mill
which is either sick and / or closed or requiring modernisation on the same land, the Commissioner may
allow:–

(a) Reconstruction after demolition of existing structures limited to the extent of the built up area of the
demolished structures, including by aggregating in one or more structures the built up areas of the
demolished structures;

(b) Multi-mills aggregation of the built up areas of existing structures where an integrated scheme for
demolition and reconstruction of the existing structures of more than one mill, whether under common
ownership or otherwise, is duly submitted, provided that FSI is in balance in the receiving mill land.

(7) Notwithstanding anything contained above—

(a) if and when the built up areas of a cotton textile mill occupied for residential purposes as on the 1st
of January, 2000 developed or redeveloped, it shall be obligatory on the part of the land owner to
provide to the occupants in lieu of each tenement covered by the development or redevelopment
scheme, free of cost, an alternative tenement of the size of 225 sq. ft. carpet area;

Provided that no such occupants shall be evicted till such time, he/she is provided with alternative
accommodation of the size 225 sq. ft. carpet area in such development or redevelopment scheme.

For reconstruction/redevelopment to be undertaken by landlord/or Co-op. Housing society of


occupiers in respect of residential buildings/chawls located on the lands of Cotton Textile Mills, the
following conditions shall apply:-

(i) In case of redevelopment of buildings occupying part of larger holding, the notional area of plot on the
basis of permissible FSI and the total built up area of the building shall be computed and thereafter
considering such notional area of the plot, FSI of 4.0 shall be allowed.
(ii) The FSI computation of 4.00 shall be as follows :-

Rehab area shall be the total built up area required for rehabilitation of all the occupants of residential
buildings/chawls with the carpet area of 27.88 sq.mt. each. In case of authorized non-residential
occupier existing on 1st January, 2000 the area to be given in the reconstructed building will be
equivalent to the area occupied in the old building.

Difference between FSI 4.00 and FSI used for rehabilitation of existing occupants shall be used and
shared as follow :-

(a) Available difference shall be divided into two parts in a ratio of 1:40.

(b) Out of these two parts, 1.00 shall be constructed by the mill owners in the form of additional
tenements having 27.88 sq.mt. carpet area each and shall be handed over to MHADA/Government and
to be used for rehabilitation of mill workers.

(c) The mill owners shall be entitled for FSI of above 0.4 part as stated in (a) in lieu of construction done
and handed over to MHADA/Government.

(d) Construction for rehabilitation of all the occupants of residential buildings/chawls shall be done by
mill owner. No incentive FSI against such construction shall be

(iii) All the occupant of the old building shall be re-accommodated in the redeveloped building.

(iv) In case of the cessed building, the list of occupants and area occupied by each of them in the old
building shall be certified by Mumbai Repairs and Reconstruction Board and for other building it shall be
certified by Municipal Corporation of Gr. Mumbai.

(v) In case of dispute the matter shall be referred to the Monitoring Committee and the decision of the
committee shall be binding on all parties.

(vi) An amount of Rs. 20.000/- per tenement have to be deposited by developer as a corpus fund with
the society of the occupants at the time of completion of construction, for maintenance of the buildings.

(vii) Notwithstanding anything contained in these Regulation, the relaxations incorporated in regulation
No. 33(3) of these regulations and amended from time to time, shall apply.
(b) if and when a cotton textile mill is shifted or the mill owner establishes a diversified industry, he shall
offer on priority in the relocated mill or the diversified industry, as the case may be, employment to the
worker or at least one member of the family of the worker in the employ of the mill on the 1st January
2000 who possesses the requisite qualifications or skills for the job;

(c) for purposes of clause (b) above, the cotton textile mill owner shall undertake and complete training
of candidates for employment before the recruitment of personnel and starting of the relocated mill or
diversified industry takes place.

(d) Notwithstanding anything contained above, if and when a cotton textile mill is taken up for
development / redevelopment for any industrial/commercial purposes, the mill owner or the developer
or the occupier of the premises shall on priority provide employment to the worker or at least one
member of the family of the worker in the employ of the mill on the 1st January, 2000 who possesses
the requisite qualifications or skills for the job.

(8)(a) Funds accruing to a sick and/or closed cotton textile mill or a cotton textile mill requiring
modernisation or a cotton textile mill to be shifted, from the utilisation of built up areas as per clause (a)
of Sub-Regulations (1) and as per clauses (a) and ( b) of Sub-Regulations (6) or from the sale of
Transferable Development Rights in respect of the land as per columns (3) & (4) of the Table contained in
clause (b) of Sub- Regulation (1) or from the development by the owner of the land as per column (5),
together with FSI on account of the land as per column(3), shall be credited to an escrow account to be
operated as hereinafter provided.

(b) The funds credited to the escrow account shall be utilised only for the revival / rehabilitation or
modernisation or shifting of the cotton textile mill, as the case may be, provided that the said funds may
also be utilised for payment of workers dues, payments under Voluntary Retirement Schemes (VRS),
repayment of loans of banks and financial institutions taken for the revival /rehabilitation or
modernisation of the cotton textile mill or for its shifting outside Greater Mumbai but within the State.

(9)(a) In order to oversee the due implementation of the package of measures recommended by the
Board of Industrial and Financial Reconstruction (BIFR) for the revival /rehabilitation of a potentially
sick and / or closed textile mill, or schemes approved by Government for the modernisation or shifting
of cotton textile mills, and the permissions for development or redevelopment of lands of cotton textile
mills granted by the Commissioner under this Regulations, the Government shall appoint a Monitoring
Committee under the chairmanship of a retired High Court Judge with one representative each of the
cotton textile mill owners, recognised trade union of cotton textile mill workers, the Commissioner and
the Government as members.
(b) The Commissioner shall provide to the Monitoring Committee the services of a Secretary and other
required staff and also the necessary facilities for its functioning.

(c) Without prejudice to the generality of the functions provided for in clause (a) of this Sub-Regulation,
the Monitoring Committee shall:–

(i) lay down guidelines for the transparent disposal by sale or otherwise of built up space, open lands and
balance FSI by the cotton textile mills;

(ii) lay down guidelines for the opening, operation and closure of escrow accounts;

(iii) approve proposals for the withdrawal and application of funds from the escrow accounts;

(iv) monitor the implementation of the provisions of this regulation as regards housing, alternative
employment and related training of cotton textile mill workers.

(d) The Monitoring Committee shall have the powers of issuing and enforcing notices and attendance in
the manner of a Civil Court.

(e) Every direction or decision of the Monitoring Committee shall be final and conclusive and binding on
all concerned.

(f) The Monitoring Committee shall determine for itself the procedures and modalities of its
functioning.

(10) Notwithstanding anything stated or omitted to be stated in these Regulations, the development or
redevelopment of all lands in Gr. Mumbai owned or held by all cotton textile mills, irrespective of the
operational or other status of the said mills or of the land use zoning relating to the said lands or of the
actual use for the time being of the said lands or of any other factor, circumstance or consideration
whatsoever shall be regulated by the provisions of this regulation and not under any other Regulation.

However the lands reserved for public purposes which is owned or held by Cotton Textile Mills, shall not
be regulated by the provisions of this regulations and reserved lands shall be handed over to MCGM or
the Appropriate Authority in lieu of TDR or shall be developed as per the provisions laid down under
Regulation 9 ( Table – 4).

59. Coastal area Classification and Regulations of Development.- All the development permission
within the ambit of coastal regulation Zone, shall be governed by the contents of the notification
dated 19/2/1991, as modified from time to time, issued by the Ministry of Environment and
Forests, Govt. of India, in this regard.

60. No Development Zone (NDZ).- The following uses are permissible in a No Development Zone
(NDZ) provided, however, no services of any kind will be provided by the Corporation:-

(i) Agriculture, horticulture and animal husbandry (except for keeping animals on a commercial scale),
subject to a limit of 10 head of cattle per acre and providing necessary buildings, garages, pig sties,
stables and storage buildings;

(ii) Gardens and poultry farms;

(iii) Forestry;

(iv) Golf clubs and links;

(v) Public parks, private parks, play fields, stadia, gymkhanas, swimming pools, gliding facilities,
temporary camps for recreation of all types.

(vi) Amusement park, in a plot of not less than 5 ha. in area, with recreational and amusement devices
like a giant wheel, roller coaster, merry-go-round or similar rides, ocean-park, swimming pool, magic
mountain and lake, ethnic village, shops for souvenirs, toys, goods, refreshments and beverages on the
following conditions with the special permission of the Commissioner:-

(a) The entire land for the amusement park shall vest in a single ownership and the land shall not be sub-
divided at any time.

(b) Structure for the amusement park shall not be sold at any time to any other person.

(c) The required infrastructure, like proper and adequate access to the park, water supply, sanitation,
conservancy services, sewage disposal and adequate off-street parking will have to be provided and
maintained by the promoters of the project at their cost and to the satisfaction of the Commissioner.
(d) The promoters of the project shall provide adequate facilities for collection and disposal of garbage
at their cost, and to the satisfaction of the Commissioner and will keep, at all times, the entire
environment clean, neat and hygienic.

(e) Structures for ancillary activities, such as administrative offices, exhibition hall or auditorium,
restaurant, open air theatre, essential staff quarters, store buildings, fast food shops, museum, souvenir
and small shops, ancillary structures to swimming pool, may be permitted subject to a maximum floor
space index not exceeding 0.04; i.e. FSI of 0.025 for principal activity and 0.015 for ancillary activities.

(f) Structures permitted in the amusement park (except those intended for park apparatus,
entertainment such as magic mountain etc. and other equipment) should be ground floor structures,
with the construction blending with the surrounding environment and landscape.

(g) Except for minor dressing, hills and natural features, if any, shall be maintained in their natural
condition and beautified with planting of trees etc.

(h) All trees already growing on the land shall be preserved to the extent possible, except that if it
becomes necessary to cut any tree, the required permission of the Competent Authority should be
obtained under the law. At least 5 trees per 100 sq. m. shall be planted and grown within the area of the
park.

(i) Structures, buildings or monuments of historical, aesthetical, architectural, or heritage importance, if


any, shall be preserved and maintained properly.

(j) Sufficient parking facilities and ancillary facilities for cars, buses, transport vehicles etc. shall be
provided on site as prescribed by and to the satisfaction of the Commissioner and Commissioner of
Police.

(k) The promoters of the project will prepare a suitable layout with appropriate landscaping of the
recreational and other facilities and obtain approval of the Commissioner.

(l) No objection certificate of the Tourism Department shall be obtained.

(m) The development shall be regulated according to other requirements of these and all applicable
rules and Regulations and subject to all other clearances as may be required.
(n) Proper arrangements for safety, Regulations of traffic approaches to the park etc. shall be made to
the satisfaction of the Commissioner of Police from the law and order and traffic aspects.

(vii) Race tracks and shooting ranges.

(viii) Fish curing on open land/fish farming.

(ix) Salt manufacture from sea water.

(x)Public utility establishments such as electric sub-stations, receiving stations, switch yards, over-head
line corridors, radio and television stations, receiving stations, main stations for public gas distribution,
sewage treatment and disposal works, water works along with residential quarters for essential staff for
such works, with the special permission of the Commissioner.

(xi) Cemeteries and crematoria and structures incidental thereto.

(xii) Structure for watchmen’s quarters each not exceeding 20 sq. m., numbers of such structures in each
plot to be decided by the Commissioner.

(xiii) A residential building, in an area other than that of an amusement park as in (vi) above, subject to
the following:-

(a) Building to be not more than ground and one story with a height not exceeding 9.75m. including the
height of stilted portion, if any;

(b) FSI to be not more than 0.05 for independent plots of area upto one hectare each;

(c) For plots each more than one hectare in area FSI to be 0.05 for upto the first hectare and thereafter
to be not more than 0.025 for the remaining area of the plot, no sub-division of plots being permitted.

(xiv) Construction of transit camp tenements required for implementation of Slum Rehabilitation
Schemes provided the area is within No Development Zone, but restricted to within 100 metres from
the periphery of No Development Zone towards the developed/non-NDZ area.

(xv)(a) Information Technology & Information Technology Enabled Services (IT/ITES) to be allowed
in No Development Zone:–
IT/ITES Parks/Units set up by public or private sector shall be allowed in No Development zone, subject
to following conditions:—-

(i) Total FSI shall not exceed 0.20.

(ii) Residential development shall not exceed one-third of the total built-up area.

(iii) Construction of buildings for IT/ITES shall be permitted to the extent of 20% on 10% of the total plot
area and shall be located such that, as much of remaining open space is available in a contiguous manner
and on remaining 90% of plot area, trees shall be planted at the rate as may be prescribed by the
Commissioner or the concerned officer.

(iv) Sub-division of land shall be permitted in such a way that the sub-divided plot does not measure less
than 4000 sq.mt.

(v) Lands from No Development Zone shall be contiguous to the development zone prescribed in the
Development Plan.

(b) Additional FSI to IT/ITES Parks/Units set up by public or private sector in No Development Zone:-
Subject to the approval by the Director of Industries, the Commissioner or the concerned officer may
permit the FSI of 0.20, available in NDZ to be exceeded by 100%. Grant of such additional FSI shall be
further subject to following terms and conditions.

(i) Additional FSI to IT/ITES units would be available only upon full utilisation of basic admissible FSI of
0.20.

(ii) Additional FSI to IT/ITES units would be available to IT/ITES parks duly approved by the Directorate
of Industries.

(iii) The additional FSI shall be granted upon payment of premium to the said corporation which shall be
paid in the manner as may be determined by the Govt. Such premium shall be recovered at the rate of
25% of the present day market value of the land under reference as indicated in the ready reckoner
residential use.

(iv) Out of which 25% the total premium shall be payable to the Govt. and remaining 75% amount shall
be payable to the Corporation.
(v) The premium so collected by the said Corporation, shall be primarily used for development
/upgradation of offsite infrastructure required for the IT/ITES park and the utilisation of this premium
shall be monitored by the empowered committee.

(vi) In the event, the developer comes forward for provision of such offsite infrastructure at his own
cost, then the said Corporation shall determine the estimated cost of the works and shall also prescribe
the standards for the work. After completion of the works the said Corporation, shall verify as to
whether the same is as per prescribed standards and thereafter deducting the cost of works, the
balance amount of premium shall be recovered by the said Corporation.

(vii) Users/services ancillary to the IT/ITES:- While developing site for IT/ITES with additional FSI, users
ancillary to the principal user, as may be approved by the Directorate of Industries shall also be allowed.

(viii) No condonation in the required open spaces, parking and other requirements prescribed in these
regulations shall be allowed in case of such additional FSI.

(c) Relaxation of height/extent of built up areas, for IT/ITES Units located in developable Zones:-

In cases of grant of additional FSI, if the Commissioner is satisfied that it is not possible to utilize the full
built-up area, he may grant relaxation in height of the buildings and extent of built up area, provided
such relaxationís is not contrary to the any other statutory regulations in these regards.

(xvi) Development of Cinema and TV Film production, shooting, editing and recording studios with its
ancillary and supporting users, including construction of staff quarters, rest rooms, canteens etc. shall
be allowed subject to the following conditions:-

(a) The minimum plot area (necessarily under one ownership) shall not be less than 2 hectares.

(b) The total permissible FSI shall not exceed 0.2.

(c) Out of the permissible built up area equivalent to 0.2 FSI, built up areas for ancillary and supporting
users shall not exceed 1/3 of permissible FSI 0.2.

(d) The construction shall be confined to 10% of the plot and the remaining plot (excluding areas
required for parking, roads etc.) shall be planted with trees at the rate of 500 trees per hectare.
(e) Such development shall be permissible within a periphery of 3 kms around the boundary of Film City
at Goregaon as indicated in the sanctioned Development Plan of Greater Mumbai.

(f) In order to prevent erosion of soil and silting in lakes, an exclusive green belt of 100 mtrs shall be
provided around the periphery of Vihar and Powai lakes, in which no constructions, whatsoever shall be
allowed.

(xvii) Users such as Educational Institutions ,Medical Institutions, Research and Development
Institutions and Biotech units shall be permitted into No Development Zone subject to the following
conditions:-

(i) Minimum area of plot shall be 5.0 Ha.

(ii) Maximum FSI limit shall be 0.20 and as far as possible the development shall be at one place of the
total land.

(iii) The ground coverage shall not exceed 10% of the area of plot.

(iv) Tree plantation shall be done at the rate of 500 Trees/Ha. on the remaining land excluding the built-
up area and the surrounding open space/utility space.

(v) The maximum height of the building shall not exceed 24 mt.

(vi) Essential residential development for the staff/officer’s accommodation shall be permitted upto the
extent of 33% of the permissible built up area.

(vii) These uses shall be permitted in No Development Zone, within a distance of 3 km. from the
adjoining developable zone.

(viii) Development in plots affected by CRZ area, shall be permissible, subject to the notification issued
by MOEF, regarding CRZ.

(viii) In order to prevent erosion of soil and silting in lakes, an exclusive green belt of 100 mt. Shall be
provided around the periphery of Vihar and Pawai lake, in which no construction , whatsoever, shall be
allowed.

61.Tourism Development Zones (TDZ).-


Sites or plots identified by the Tourism Department of the State Government in consultation with the
Maharashtra Tourism Development Corporation Ltd., and as specified by Government from time to time
as suitable for promotion of tourism to serve as holiday or beach resorts, hotels or motels may be
included in a Tourism Development Zone (TDZ), and allowed to be developed for activities like beach
resorts, hotels, motels, restaurants, health farms, water sports facilities, arts and crafts complexes, golf
courses, gliding, powered gliding, grass skiing facilities, marinas, jetties and pontoons for docking of
boats and swimming pools.

If such specified sites are situated in the No Development Zone, they shall be permitted to be developed
for the aforesaid purposes with a FSI of 0.5. Notwithstanding anything contained in these Regulations,
additional FSI in such zone shall not be admissible.

If such sites are situated in any other zone ,the FSI permissible shall be that corresponding to the FSI
permissible in the respective zones as stipulated in Table 14.

Guidelines for identification of Tourism Development Zone and for development to be permitted
therein:-

1. GENERAL CONDITIONS:-

(a) Tourism Development Zone can be developed by individual or Company or Partnership firm or
Government / Semi-Government Organisation / corporations.

(b) These guidelines shall be applicable for Tourism Development Zone in No Development Zone and
other Zones, too as set out herein below.

1. TOURISM DEVELOPMENT ZONE COMMITTEE:-

Proposals for lands to be specified as Tourism Development Zone shall be recommended for
consideration of Government in Urban Development Department by a Committee consisting of:
1. Secretary, Tourism Development Department Chairman

Mantralaya

2. Metropolitan Commissioner BMRDA Member

3. Municipal Commissioner, Municipal Corporation of Greater Member


Mumbai

4. Dy. Director of Town Planning Greater Bombay Member

5. Representative of Hotel Industries, Mumbai Member

6. Environmentalist Member

7. Architect, having 20 years experience in architectural Member


practice.

This Committee may be called ‘ Tourism Development Zone Committee ’ (TDZC). The persons at 5,6 & 7
of the Committee may be nominated by Secretary, Tourism Department and the tenure of these
members shall change after every 3 years, provided that however that the same person shall be eligible
for reappointment as a Member.

III SIZE OF PLOT AND FSI:-

Minimum requirement regarding the size of the plot for Tourism Development Zone and other features
shall be as follows:-
Area Development No Development Zone
Zone

Permissib As in the Total NDZ holding Maximum TDZ area Maximum FSI
le development permissible
Control permissible
Regulations (fixed)

(Table 14)
(in ha.)
(in ha)
(In M2)

2.00 1.00 5000

2.00- 3.00 1.10 5500

3.00 – 4.00 1.20 6000

4.00- 5.00 1.40 7000

5.00 – 6.00 1.60 8000

6.00 – 7.00 1.70 8500

7.00 – 8.00 1.80 9000

8.00 – 9.00 1.90 9500

9.00 – 10.00 2.00 10000

Above 10 1/5th of the holding Half of the area of


TDZ (0.5 FSI of TDZ
area)

Note:- 1. After deducting the area of Tourism Development Zone FSI will be available for the rest of the
land in No Development Zone as provided for No Development Zone under Development Control
Regulation No. 60 including (xiii) (a), (b) & (c).

2. For plots each more than 2 ha. in area in No Development Zone no sub-division of plots shall be
permitted.
IV SMALLER PLOTS:-

For existing landholders having smaller plots in No Development Zone, the provisions of promotion of
Tourism through bed-and-breakfast type arrangements for tourists shall be permissible, as
recommended by Tourism Development Zone Committee and approved by the Government in Urban
Development Department. There shall be the same FSI as in No Development Zone for plots, according
to Development Control Regulation No. 60 for Greater Bombay.

V PROHIBITION FOR INCLUSION IN TDZ:-

Land falling in categories specified below shall not be included in Tourism Development Zone and hence
shall not be considered for the purposes-

(a) Lands affected beyond permissible levels by pollution in land, water and air, as may be decided and
certified by the Maharashtra Pollution Control Board.

(b) Lands covered by mangroves.

(c) Areas from No Development Zone directly abutting the Residential Zone without being separated by
road having width not less than 18.25 M.

VI INFRASTRUCTURAL FACILITIES:-

All the infrastructural facilities required on site and as specified by Bombay Municipal Corporation and
also as suggested by Tourism Development Zone Committee shall be provided by the developer at his
own cost on the site. Proper arrangement for treatment and disposal of sewage and sullage and solid
wastes shall be made to the satisfaction of the Municipal Corporation of Greater Bombay and
Maharashtra Pollution Control Board. No untreated effluent shall be allowed to pass into the sea or any
water body.

VII RESERVED SITES FOR TDZ:-

Where the land are located in a unique/ unusual area, particularly suitable for development of tourism
in view of an existing waterbody, scenic beauty, tree plantations or geological formation to but are
designated / reserved in the Development Plan for the purpose of parks or gardens or recreation
ground or private gardens or private recreational ground, it can be specified as Tourism Development
Zone. The minimum area of such site however shall not be less than 1.00 hector. The floor space index
available for development in a such site will be 0.20. This FSI is to be consumed on only 15% per cent of
the area of the lands declared ass Tourism Development Zone out of the sites designated for open user,
such as Recreation Ground, Parks etc. Except as specified hereinabove in Part VII, such development
shall be controlled in accordance with provisions of No. 61 of the said Regulations.

Provided that, with the previous approval of the Government the permissible FSI in
park/garden/recreation ground/private garden/private recreation ground may be permitted to exceed
by maximum 100% and subject to following conditions.

(1) Premium shall be recovered at the rate of 25% of the ready reckoner for additional FSI out of which
50% shall be payable to the said corporation.

(2) The remaining area of park/garden/recreation ground/private garden/private recreation after


leaving appurtenant open space shall be rendered open for the public.

Sites reserved/designated as ‘Play Ground’ in the Development Plan can be developed for TDZ with an
FSI of 0.20 subject to terms and conditions mentioned in Clause – VII of the said guidelines and further
subject to the following conditions.

(i) Built up area on Ground Floor shall not exceed 10% of the total area reserved /designated site.

(ii) The Corporation shall formulate precise guidelines for overall developments of sites
reserved/designated for Playground and got the same approved by the Government.

(iii) Playground excluding the permissible built up portion and apartment land as may be prescribed in
the guidelines referred as Sr. No. (ii) above, shall be cleared of the encroachments and shall be made
open to public or Appropriate Authority for appropriate use.

VIII ENVIRONMENT AND EDUCATION:-

Places where rare species of migratory birds are known to visit and where there is a heritage of flora
and fauna shall be given preference for development as Tourism Development Zones. Efforts should be
made for creating environmental awareness among the local population and especially among the
school-going children in nearby area.

IX:- The provisions of Coastal Zone Regulations as published by the Ministry of Environment and
Forests, Government of India Notification NO. SO. 114 (E) dated 19 February 1991 as amended from
time to time shall be applicable till the final approval of the Coastal Zone Management Plan and
thereafter in accordance with the provisions of such an approved Coastal Zone Management Plan.

PART V

SUPPLMENTAL AND MISCELLANEOUS PROVISIONS

62. Interpretation.-

(1) In these Regulations, the use of the present tense includes the future tense, the masculine gender
includes the feminine and neuter genders, the singular number includes the plural number and plural
number includes singular number. The word “person” includes a corporation as well as an individual;
“writing” includes printing and typing and “signature” includes thumb impression of a person unable to
sign, provided that his name is written below such impression.

(2) Sizes and Dimensions.-Wherever sizes and dimensions of rooms and spaces within buildings are
specified, they mean the clear dimensions, unless otherwise specified in these Regulations.

(3) If any question or dispute arises with regard to interpretation of any of these Regulations the matter
shall be referred to the State Government which, after considering the matter and, if necessary, after
giving hearing to the parties, shall give a decision on the interpretation of the provisions of these
Regulations. The decision of the Government on the interpretation of these Regulations shall be final
and binding on the concerned party or parties.

63.Delegation of powers.-

Except where the Commissioner’s special permission is expressly stipulated, the powers or functions
vested in him by these Regulations may be delegated to any municipal official under his control, subject
to his revision if necessary and to such conditions and limitations, if any, as he may prescribe. In each of
the said Regulations, the word “Commissioner” shall, to the extent to which any municipal official is so
empowered, be deemed to include such official.

64.Discretionary powers.-

(a) In conformity with the intent and spirit of these Regulations, the Commissioner may:-
(i) decide on matters where it is alleged that there is an error in any order, requirement, decision,
determination made by any municipal officer under delegation of powers in Regulations or
interpretation in the application of these Regulations;

(ii) interpret the provisions of these Regulations where a street layout actually on the ground varies
from the street layout shown on the development plan;

(iii) modify the limit of a zone where the boundary line of the zone divides a plot with the previous
approval of Government; and

(iv) authorise the erection of a building or the use of premises for a public service undertaking for public
utility purposes only, where he finds such an authorisation to be reasonably necessary for the public
convenience and welfare, even if it is not permitted in any land use classification.

(b) In specific cases where a clearly demonstrable hardship is caused, the Commissioner may for reasons
to be recorded in writing, by special permission permit any of the dimensions prescribed by these
Regulations to be modified, except those relating to floor space indices unless otherwise permitted
under these Regulations, provided that the relaxation will not affect the health, safety, fire safety,
structural safety and public safety of the inhabitants of the building and the neighborhood.

65.Temporary Constructions.- The Commissioner may grant permission for temporary construction of
a period not exceeding six month at a time in the aggregate not exceeding for a period of three years.
such a permission may be given by him for the construction of the following namely:-

(i) Structures for protection from the rain or covering of the terraces during the monsoon only;

(ii) Pandals for fairs, ceremonies, religious function etc;

(iii) Structures for godowns/storage of construction materials within the site;

(iv) Temporary site offices and watchmen chowkies within the site only during the phase of construction
of the main building;

(v) structure for exhibitions/circuses etc;

(vi) structures for storage of machinery, before installation, for factories in industrial lands within the
site;
(vii) Structures for ancillary works for quarrying operations in conforming zones;

(viii) MAFCO stalls, milk booths and telephone booths;

(ix) Transit accommodation for persons to be rehabilitated in a new construction:

(x) Structures for educational and medical facilities within the site of the proposed building during the
phase of planning and constructing the said permanent buildings:

Provided that temporary constructions for structures, etc. mentioned at (iii),(iv), (vi), (ix) and (x) maybe
permitted to be continued temporarily by the Commissioner but in any case not beyond completion of
construction of the main structure or building, and that structure in (viii) may be continued on annual
renewable basis by the Commissioner beyond a period of three years.

66. Power to delegate.-

The State Government may, by notification in the Official Gazette delegate by a general or special order
any of its powers under these Regulations, subject to such conditions as it may consider appropriate, to
any officer of the State Government not below the rank of Deputy Secretary, except those relating to
any matter which is required to be dealt with under the special permission of the Commissioner.

Regulations No. 67 – Conservation of listed Buildings, areas, artefacts, structures and precincts of
historical and/or aesthetical and/or Architectural and/or cultural value (heritage buildings and heritage
precincts).

1. Applicability:- This Regulation will apply to those buildings, artefacts, structures and/or precincts of
historical and/or aesthetical and/or architectural and/or cultural value (hereinafter referred to as
Listed Buildings / Heritage Buildings and Listed precincts/ Heritage precincts) which will be listed in
notification(s) to be issued by the Government.
2. Restriction on Development / Redevelopment / Repairs, etc.-

(i) No development or redevelopment or engineering operations or additions, alterations, repairs,


renovation including the painting of buildings, replacement of special features or demolition of the
whole or any part thereof or plastering of said listed

/heritage buildings or listed/Heritage precincts shall be allowed except with the prior written
permission of the Commissioner. The Commissioner shall act on the advice of/in consultation with the
Heritage Conservation Committee to be appointed by Government (hereinafter called “ the said
Heritage Conservation Committee” ) (Vide Annexure ).

Provided that in exceptional cases for reasons to be recorded in writing, the Commissioner may
overrule the recommendation of the Heritage Conservation Committee.

Provided that the power to overrule the recommendations of the Heritage Conservation Committee
shall be not be delegated by the Commissioner to any other officer.

(ii) In relation to religious buildings in the said list, the changes, repairs, additions, alterations and
renovations required on religious grounds mentioned in sacred texts or as a part of holy practices laid
down in religious codes shall be treated as permissible, subject to their being in accordance and
consonance with the original structure and architecture designs, aesthetics and other special features
thereof. Provided that before arriving at his decision, the Commissioner shall take into consideration
the recommendations of the Heritage Conservation Committee.

(iii)(a) Provisions of Regulation 67 would be applicable only in Grade-II category of heritage Buildings
for reconstruction and redevelopment of old buildings undertaken under regulations 33(6), 33(7), 33(8),
33(9) and 33(10) of these Regulations.

(b) In case of redevelopment under D.C.R. 33(6), 33(7), 33(8), 33(9) and 33(10) of heritage building/ sites
from Grade-III and precincts special permission from the Municipal Commissioner, Municipal
Corporation of Gr. Mumbai, may be obtained if the height of the building exceeds 24 mts. (excluding
height of stilt on ground floor).

Note:- All Regulations / modifications mentioned above shall not be applicable to the areas which
are affected by Coastal Regulations Zone Notification issued by Ministry of Environment and Forest,
Government of India vide Notification dated 19 February 1991 and orders issued from time to time.

3. Preparation of list of Heritage Buildings and Heritage Precincts:- The said list of buildings, artefacts,
structures and precincts of Historical, and/or aesthetical and/or architectural and/or cultural value
to which this Regulations applies shall not form part of the this Regulations for the purpose of
Section 37 of the Maharashtra Regional and Town Planning Act, 1966. This list may be
supplemented, altered, deleted or modified from time to time by Government on receipt of
proposals from the Commissioner or from the said Heritage Conservation Committee, or by the
Government suo motu, provided that before the list is supplemented, altered, deleted or modified,
objections and suggestions from the public be invited and duly considered by the Commissioner
and/or by Government.
4. Power to alter, modify or relax Regulations:- with the approval of Government and after
consultation with the said Heritage Conservation Committee, the Commissioner shall have the
power to alter, modify or relax the provisions of other Regulations of the Development Control
Regulations of Greater Mumbai, 1991(hereinafter referred to as “ the said Regulations” ) if it is
need for the conservation, preservation or retention of historical, aesthetical, cultural or
architectural quality of any listed Buildings / heritage Building or listed Precincts / heritage
precinct.

5. Hearing etc. to persons likely to be affected:- provided that in case any alterations, modifications or
relaxation of any of the provisions of the Development Control Regulations, 1991 will cause undue
loss to the owners /lessees of Heritage Buildings / Heritage Precincts, the Commissioner shall give
an opportunity of hearing to the said owner / lessee and to the public.

6. Grant of Transferable Development Rights in case of loss of Development Rights:- If any


applications for development is refused under this Regulations and conditions are imposed while
permitting such development which deprive the owner / lessee of any unconsumed FSI the said
owner / lessee shall be compensated by grant of Development Right Certificate (hereinafter
referred to as “TDR”) of the nature set out in Development Control Regulations No. 34 and
Appendix VII-A and as may be prescribed by Government from time to time. The TDR from heritage
buildings in the Island City may be also be consumed in the same ward from which it originated. The
extent of TDR certificates to be granted may be determined by the Commissioner. If required in
consultation with the Heritage Conservation Committee and will not be awarded unless sanctioned
by Government.
7. Maintaining Sky Line— Buildings included in Listed Heritage Precincts shall maintain the sky line in
the precincts (without any high-rise development) as may be existing in the surrounding area, so as
not to diminish or destroy the value and beauty of the said listed Heritage buildings / Heritage
Precincts. The development within the precincts shall be in accordance with the guidelines framed
by the Commissioner in consultation with Heritage Conservation Committee.

8. Restrictive Covenants.- Restriction existing as on date of this notification imposed under covenants,
terms and conditions on the leasehold plots either by the State Government or by Mumbai Port
Trust or by Mumbai Municipal Corporation shall continue to be imposed in addition to
Development Control Regulations. However in case of any conflicts with heritage preservation
interest, the said Regulations shall prevail.
9. Repair Fund.:– Non-cessed buildings included in the said list shall be repaired by the owners
/lessees of the said buildings themselves or if they are cessed buildings, those can be repaired by
MHADA or by the owner or by the Cooperative Society of the owners and/or occupiers of the old
building. With a view to give monetary help for such repairs a separate fund my be created, which
would be kept at the disposal of Municipal Commissioner, Mumbai Municipal Corporation, who will
make disbursement from the funds in consultation with Heritage Conservation Committee.
Provisions for such a fund may be made through District Planning and Development Council
Budget.
10. Grading of the Listed Buildings / Listed Precincts:- In the last column of the said list of Heritage
Building, Heritage precincts ‘Grades’ such as I, II, or III have been indicated. The meaning of these
Grades and basic guidelines for development permissions are as follows:-
Listing does not prevent change of ownership or usage. However such usage should be in harmony with
the said listed precincts / building. Care will be taken to ensure that the development permission
relating to these buildings is given without delay.

‘ WHAT POSTERITY WOULD NOT WILLINGLY LET DIE ’


Grade:- I Grade:- II Grade:- III

A. Definition:-Heritage Grade:- I A. Scope:- Heritage Grade II Heritage Grade III:- Comprises


comprises of buildings, and comprises building/ precincts, of of buildings
precincts of national or historical regional or local importance,
importance, embodying possessing special architectural and precincts of importance
excellence in architectural style, or for townscape; they evoke
design, technology and material
usage; they may be associated aesthetical merit or cultural or architectural aesthetic or
with a great historical event, historical value, though of a
personality, movement or lower order than that of sociological interest
institution. They have been and Heritage Grade I. They are local
are, the prime landmarks of the landmarks contributing to the though not as much as in
City. image and identity of the city. Heritage Grade:-II. These
They may be the work of master contribute to determine the
craftsmen or may be models of character of the locality, and
proportion and ornamentation, can be representative of a life
or designed to suit particular style or a particular
climate. community or region and may
also be distinguished by
Heritage Grade II buildings setting
within the premises (open
space/compound) of on a street line or special
character of the façade and
Which independent/separate uniformity of height, width and
scale.
additional building(s)

/structure(s) may be permitted


to be

constructed, owing to

the availability of adequate


surrounding open space and
unconsumed FSI, have been
assigned Grade IIB. The
remaining Grade II buildings
have been assigned Grade:-IIA.

B. Objective:- Heritage Grade:- I B. Objective—Heritage Grade:-II Heritage Grade III:- Deserves


richly deserves deserves intelligent protection of
conservation.
careful preservation. unique features and

attributes.

C. Scope for Changes:- No C. Scope for development External and internal


interventions would be
permitted either on the exterior Grade II A:- In addition to the changes and adaptive
or interior unless it is necessary scope for development
in the interest of strengthening permissible for Grade:- I, internal reuse would generally be
and prolonging the life of the changes, and adaptive reuse may allowed. Changes can include
buildings or precincts or any part be generally allowed. In certain extensions /
or features thereof. For these circumstances, extension of a
purpose, absolutely essential and Grade II A heritage building may additional buildings in the
minimum changes would be also be allowed; provided that same plot or compound
allowed and they must be in such extension shall be in provided that extension /
accordance with the original. additional building is in
harmony with (and shall not harmony with and does not
detract from) the Grade II A detract from the existing
heritage building concerned or heritage building /
precinct, especially in terms of
height and/ facade. External precincts especially in
changes
terms of height and/or
too may be permitted, subject to
strict scrutiny. facade. Reconstruction

Care should be taken to may be allowed when the


building is structurally weak or
ensure the conservation unsafe or when it has been
of all special aspects/features of affected by accidental fire or
Grade:- II A building concerned. any other calamity or if

reconstruction is required to
consume the
Grade:- II(B):–
permissible FSI and no
In addition to above,
option other than
additional building(s) in the same reconstruction is available.
plot or compound may, in

certain circumstances,
Reconstruction may also
be allowed; provided that, such
additional building(s) shall be in be allowed in case of those
harmony with (and shall not buildings which attract the
detract from) the Grade–IIB provisions of Regulations
heritage building(s) or precinct, 33(6), 33(7), 33(9) and
especially in terms of height Appendix II and III of
and/or facade. Development Control
Regulations, 1991.

Reconstruction may be

allowed in those buildings


being repaired/

reconstructed by MHADA.

However, unless
absolutely essential, nothing
should be spoil or destroy any
special

features or attributes for


which it is placed in the

Heritage List.

D. Procedure:- Development D. Procedure:– Development Development permission


permission for the changes permission would be given for changes by
would be given by the planning the Planning
Authority on the advice of the would be given by the Municipal
Heritage Conservation Commissioner Authority itself but in
Committee to be appointed by consonance with guidelines
the State Government. in consultation with the MHCC. which are to be laid down by
Government in consultation
with Heritage Conservation
Committee.

E. Vistas/Surrounding

Development:- All the

development in the areas

surrounding Heritage Grade – I


shall be regulated and controlled
,

ensuring that it does not

mar the grandeur of or

views from Heritage Grade – I.


1. C. Regulations 68:-

Subject to the conditions as may be prescribed by the Commissioner, Greater Mumbai Municipal
Corporation, underground parking and shopping shall be allowed below existing or proposed
Development Plan Roads and below lands reserved for Recreational Ground / Playground / Gardens /
Parks and Open Spaces both existing and proposed and to be used at one or two levels below the
ground. Provided no such users will be allowed below the following.

Oval Maidan, Cross Maidan, Azad Maidan, Shivaji Park, All parade Grounds, Nare Park, Jambhori
Maidan, Five Gardens and Recreational Ground opposite Scottish School, Dadar, Cadell Road (Veer
Sawarkar Marg) situated to the north of Hinduja Hospital.

And provided further that the area to the extent of 10 meters along the road side below the surface
within the boundary of the aforesaid Maidans/Parks/Gardens / Recreational Gardens/Open Spaces may
be used for the purpose of ingress and egress to the underground area.

Provided further that only underground parking shall be allowed below Cross Maiden subject to the
above conditions.

1. C. Regulation 69

Notwithstanding anything contained in these regulations, in the redevelopment of sites of existing


filling and service station of Petrol, Diesel, Compressed Natural Gas or any other Motor Vehicle Fuel,
change of user shall not be permitted.

*************************************************************

REGULATIONS FOR DEVELOPMENT OF SPECIAL TOWNSHIPS IN AREA UNDER MUNICIPAL


CORPORATION OF GREATER MUMBAI

1. GENERAL REQUIREMENTS:

2. APPLICABILITY:- These Regulations would be applicable to the area under sanctioned


Development Plan of Greater Mumbai excluding the area under Maharashtra Industrial
Development Corporation and Special Planning Authority, if any.

1.1 AREA REQUIREMENT:- Any suitable area free from all encumbrances having sufficiently wide
means of access (not less than 18 mt wide) can be identified for the purpose of development as ‘Special
Township’. The area under the Special Township shall not be less than 40 Ha. (100 acres) at one place,
contiguous, unbroken and uninterrupted which shall not include the area under forest, water bodies like
river, creek canal, reservoir, lands falling within the belt of 100mt. from the HFL of major lakes, dams
and its surrounding restricted area, lands in the command area of irrigation projects, land falling within
the belt of 200mt. from the historical monuments and places of Archeological importance,
Archeological monuments, Heritage precincts and places, any restricted areas, notified National parks,
existing and proposed industrial zone, gaothan areas or congested areas, truck terminus specially
earmarked on Development plan, wildlife corridors and biosphere reserves, Eco-sensitive zone/ area,
quarry zone and recreational tourism development zone, catchment areas of water bodies, Defence
areas, Cantonment areas, notified area of SEZ, designated Port/ Harbour areas, RTD Zone , Area under
Hills & Hill Slope zones.

1.2 MANNER OF DECLARATION:- Any area identified above and if found suitable can be Notified by
Government in Urban Development Department by following procedure under section 37 of the
Maharashtra Regional and Town Planning Act 1966 and also in such other manner as may be
determined by it for the purpose of development as ‘ Special Township Project’.

However, in cases where the proposal of Special Townships is submitted by the land owners by
themselves or by the Developer who holds rights to develop the whole land under the Special Township,
the procedure under section 37 of said act shall not be necessary.

1.3 INFRASTRUCTURE FACILITIES:- The entire Township should be an integrated one with all facilities
within the boundaries of declared townships. All the onsite infrastructure, i. e roads, including D. P.
Roads, approach road, street lights, water supply and drainage system shall be provided and maintained
in future by the developer till urban local body is constituted for such area and the developer shall also
carry out development of amenity or proposals, if any designated in the Development Plan, in
accordance with the prevailing regulations.

(a) Water Supply:- The developer shall be required to develop the source for drinking water (excluding
the groundwater source) or secure firm commitment from any water supply authority including the
Municipal Corporation of Greater Mumbai for meeting the daily water requirement of minimum 140
litres per capita per day exclusive of requirement of water for fire fighting and gardening. The storage
capacity of the same shall be at least 1.5 times of the actual required quantity as determined by
expected population (Resident and Floating) and other uses. The developer would be required to
develop proper internal distribution and maintenance system and shall specially undertake rainwater
harvesting, groundwater recharging and waste water recycling projects within the Township.
(b) Drainage and Garbage disposal:- The developer shall make suitable and environment friendly
arrangements for the disposal and Treatment of sewage and solid waste as per requirements of
Maharashtra Pollution Control Board. Recycling sewage for gardening shall be undertaken by the
developer.

The developer shall develop Eco-friendly garbage disposal system by adopting the recycling and bio-
degradation system in consultation with Maharashtra Pollution Control Board .

(c) Power:- The developer shall ensure continuous and good quality power supply to township area. The
developer may draw the power from existing supply system or may go in for arrangement of captive
power generation with the approval from concerned authority. If power is drawn from an existing
supply system, the developer shall before commencement of development , procure a firm commitment
of power for the entire township from the power supply company.

1.4 ENVIRONMENT:- The development contemplated in townships shall not cause damage to ecology.
Environmental clearance shall be obtained from the Ministry of Environment and Forest, Government
of India as per directions issued by the MOEF notification dated 7th July 2004 and as amended from
time to time. The Township shall provide at least 20% of the total area as park/ garden/ play ground as
mentioned in 4 (f) below with proper land scaping and open uses designated in the Township which shall
be developed by owner/ developer. This amenity shall be open to general public without any restriction
or discrimination.

2. Special Concessions:-

(a) N.A Permission:- Non- agriculture permission will be automatic. As soon as the scheme is notified,
lands notified under Special Township area as per Regulation No.1.2 will be deemed to have been
converted into non-agriculture and no separate permission is required. Non- agriculture assessment
however will commence from the date of sanction of scheme as per Regulation No.7 (c).

(b) Stamp duty:- The stamp duty rates applicable in Notified Special Township area shall be 50% of the
prevailing rates of the Mumbai Stamp Act.

(c) Development charges:- A special Township Project shall be exempted from payment of Development
charges to the extent of 50%.

(d) Grant of Government Land:- Any Government land falling under township area shall be leased out to
the developer at the prevailing market rate on usual terms and conditions, without any subsidy.
(e) Relaxation from Mumbai Tenancy and Agriculture Land Act:- The condition that only the
agriculturist will be eligible to buy the agriculture land shall not be applicable in Special Township area.

(f) Ceiling of agriculture land:- There shall be no ceiling limit for holding agriculture land to be purchased
by the owner/developer for such project.

(g) Exemption from Urban Land (Ceiling and Regulation) Act, 1976:- Special Township Projects will be
exempted from the purview of Urban Land (Ceiling and Regulation) Act.1976.

(h) Scrutiny fee:- A Special Township Project shall be partially exempted from payment of scrutiny fee
being levied by the Municipal Corporation of Gr. Mumbai for processing the development proposal on
certain terms and conditions as may be decided by the Municipal Corporation of Gr. Mumbai.

(i) Floating FSI:- There will be floating FSI in the township Unused FSI of one plot can be used anywhere
in the whole township.

(j) Special benefits/concessions in respect of Star Category Hotels, Hospitals and Multiplexes/Property
Property Tax shall be provided.

3. PLANNING CONSIDERATIONS:-

The Township project has to be an integrated township project. They should necessarily provide land for
following users:-

(a) Residential

(b) Commercial

(c) Educational

(d) Amenity Spaces

(e) Health Facilities

(f) Parks, Gardens & Play grounds


(g) Public Utilities.

4. GENERAL NORMS FOR DIFFERENT LAND USES:-

The overall planning of the special townships shall be such that the project shall meet with the
specifications spelt out in the prevailing planning standards approved by Government. Further, the
planning of Special Township shall take care of following land uses in particular.

(a) Residential:- The residential area should be well defined in clusters or neighborhoods or in plotted
development with proper road grid. Out of the total built up area proposed to be utilised which is
permissible as proportionate to zoning of area under such township at least 60% of the area shall be
used for purely residential development and further out of the total built up area proposed to be utilised
for residential development, 10% of the same shall be built for residential tenements having built up
area upto 40 sq.mt.

(b) Commercial:- The commercial area shall be properly distributed in hierarchical manner such as
convenient shopping, community center etc.

(c) Educational:- Comprehensive educational system providing education from primary to secondary
should be provided as per the requirement. The area allocation should be on projected population base
and as far as possible the educational complex should not be concentrated at one place. All such
complexes should have adequate area for playground. Minimum area required for educational purpose
shall be as per prevailing planning standards.

(d) Amenity Spaces:- The area allocation for amenity space providing amenities like market, essential
shopping area, recreation centers, town hall , library etc. should not be less than 5% of gross area of
township and should be evenly placed.

(e) Health Facilities:- Adequate area allocation for health facilities for primary health shall be provided.
Minimum area required for health facilities shall be as per prevailing planning standards.

(f) Parks, Gardens & Play Grounds:- The township shall also provide at least 20% of the gross area of
township as parks/gardens/play grounds without changing the topography. This should be exclusive of
the statutory open spaces to be kept in smaller layout and should be distributed in all residential
clusters. This 20% area should be developed by the developer for such purposes and kept open to
general public without any restriction of discrimination.
(g) Public Utilities:- Appropriate area allocation should be provided for (a) power receiving station/sub-
station, (b) water supply system, (c) sewerage and garbage disposal system, (d) police station, (e) public
parking,(f) cemetery/cremation ground, (g) bus station, fire brigade station, and other public utilities as
per requirements.

(h) Transport and Communication:- The entire area of township shall be well knitted with proper road
pattern, taking into consideration the linkages with existing roads within the township and outside area
as well. All such roads shall be developed by the developer as per standard and road widths shall be as
given below.

Classified Road: – as prescribed

Main road/Ring road:- Minimum 18 to 24 meter wide.

Internal road:- as per prevailing bye laws applicable to Development Plan subject to minimum road
width 9 mt.

(i) Service Industries:- In The Special Township area, lands required for commercial uses, industrial uses,
permissible in residential user, may also be earmarked. However, the predominant land use shall be
residential use.

Notes:-

(I) All the amenities referred to above shall be inclusive of designated amenities and Amenity space
required as per regulations of Development Plan.

(II) Location of Development Plan reservation can be shifted anywhere in the Township Area with the
approval of Municipal Commissioner.

(III) Development Plan reservations in the Township area, shall not be handed over to the Planning
Authority but the same shall be developed by the developer for the designated amenity

(IV) Development Plan roads in the township area shall be developed and maintained by developer, and
the same shall be always open for general public without any restrictions there upon.

(V) Minimum parking shall be provided as per DCR of Municipal Corporation of Greater Mumbai
provided that for hotel, restaurant, college, school, educational, institute, educational classes, hospitals,
polyclinics and diagnostic centers, offices, mangal Karyalaya, town hall, clubs, etc. onsite parking shall be
provided . For buildings having mixed users, in addition to the regular parking area as mentioned above
a space of 3.0 mt. wide strip within the plot area along the road on front/side shall be provided for
visitors’ parking.

5. Development Control Regulations:-

Prevailing Development Control Regulations of sanctioned Development Plan as well as provisions of


MOEF CRZ notification dtd.19.2.1991 amended from time to time shall be applicable mutatis-mutandis
except those expressly provided in these Special Regulations.

5.1 Special Township in Residential, Residential with Agricultural Zone/No Development Zone:-

(i) The Total built-up area/FSI of entire gross area of the Special Township declared as per Regulation 1.1
excluding the area under Agriculture/No Development Zone, if any, included in the project shall be 1.00.
The FSI for Agriculture/No Development Zone if any included in Special Township Zone shall be 0.2 only
in proportion to such area of the zone. There will be no limit of total built up area/FSI for the
development of individual plots. Height of building shall be as per prevailing Development Control
Regulations for Greater Mumbai. However, it may be increased subject to provisions of fire fighting
arrangements with prior approval of Chief Fire Officer, Municipal Corporation of Greater Mumbai.
Utilization of DRC’s originated from any other area i.e. outside Special Township area shall not be
permissible in Special Township area.

(ii) In case area Notified under Special Township falls in Residential Zone and partly in Agricultural/No
Development Zone the provisions applicable to such scheme shall be proportionate to the area under
the respective zoning as per sanctioned Development Plan.

5.2 Special Township in Agricultural/No Development Zone:-

(i) Development of Special Township Project in Agricultural/No Development Zone, contained in the
Development Plan shall be permissible subject to conditions that 50% of the gross area of the project
shall be kept open while the projects of Special Township shall be executed on the remaining 50% land
with gross built up area/FSI of 0.20 worked out on the entire gross area of the project. Further, while
developing such projects, it would be obligatory on the part of the developer to provide and develop all
the infrastructure facilities including sites required for public purposes as per the prescribed planning
norms. As regards 50% of land which is required to be kept open, the same shall be free of
encumbrances and no development except town level open amenities shall be permissible therein.
(ii) All provision of Regulations except 4(f) shall apply to the development of Township in
Agricultural/No Development Zone.

5.3 General Regulations:-

(i) In the event the special township project contains sites reserved for public purposes (buildable
reservations) in Development Plan, for which the Appropriate Authority is any department of State
Govt/Central Govt. or any Government underaking, the developer shall construct the amenity as per
requirement of the concerned department and handover the constructed amenity free of cost to that
Department. Upon such handing over the constructed amenity the developer would be entitled to
utilize additional floor space, over and above the FSI permissible (equivalent to the built-up area of the
constructed amenity) anywhere within the Special Township project.

(ii) In every Special Township proposal the structural designer of developer has to submit declaration
with project report to Municipal Corporation of Greater Mumbai about the construction of building as
below:-

“I have confirmed that the proposed construction in the scheme is as per norms as specified by Indian
Standards Institute, for the resistance of earthquake, fire safety & natural calamities”

(iii) Upper and lower ground floor type construction shall not be allowed.

(iv) In Special Township schemes under Residential Zone and Agricultural/No Development Zone trees
at the rate of minimum 150 trees per ha and 400 trees per ha. respectively shall be planted and
maintained by the developer.

(v) Once the proposal for Special Township is submitted to the Government under Regulation No. 7(A)
no change of zone proposal in such Township area shall be considered by Government.

6. Sale permission:-

It would be obligatory on the part of the developer firstly to provide for basic infrastructure and as such
no permission for sale of plot/flat shall be allowed unless the basic infrastructure as per Regulation no.
1.3 is provided by the developer to the satisfaction of the Commissioner, Municipal Corporation of
Greater Mumbai. In case the development is proposed in Phases and sale permission is excepted after
completion of Phase wise basic infrastructure, such permission may be granted by the Municipal
Corporation of Greater Mumbai. Before granting such sale permission, Developer has to submit
undertaking about the basic infrastructure to be provided & completed phase wise. The plots
earmarked for amenities, facilities, and utilities shall be also simultaneously developed phase wise along
with residential/allied development.

7. Procedure:-

(a) Locational Clearance:- The proposal for development of Special Township, alongwith details of
ownership of land or Development rights of lands in the proposed scheme, site plan, part plan of
sanction development plan, shall be submitted to Government in Urban Development Department
alongwith a copy to Director of Town Planning Maharashtra State, Pune, Environment Department of
Maharashtra State, for grant of locational clearance. Upon receipt of such proposal, depending upon the
merits of the case locational clearance may be granted by Government u/s 45 of M.R.& T.P. Act, 1966 in
consultation with the Director of Town Planning and Environment Department and other respective
departments of the State Government within a period of 90 days from the date of receipt of the
proposal & after completion of all prescribed procedure specified in Regulation No.1.2 above and
compliance of any such document as may be required by Government. This locational clearance will be
valid for one year from the date of issue and if within such period the letter of intent and final approval
is not taken or not applied for, such clearance/approval will stand lapsed unless it is renewed by Govt.
for sufficient reasons. Application for renewal has to be made to Govt. before expiry of one year. These
special Regulations shall not be applicable to the area on which clearance/approval has lapsed.

(b) Letter of intent:- Upon receipt of locational clearance from the Government, the developer shall
submit the proposal in respect of Special Township to Commissioner, Municipal Corporation of Greater
Mumbai, alongwith the environmental clearance as mentioned in Regulation No.1.4 for issue of letter of
intent. The proposal shall contain ownership rights/development rights document in respect of at least
50% of area under scheme and other particulars as decided and directed by Commissioner, Municipal
Corporation of Greater Mumbai, details of qualified technical staff and consultant in technical and law
field. Letter of intent shall be issued within a period of 45 days from the date of receipt of the final
proposal completed in all respect. The letter of intent shall be valid for six months unless renewed.

(c)(i) Final Approval:- The Developer shall submit the layout plan of the entire Township area, sector-
wise detailed building plans and details of phasing, for final sanction to the Commissioner, Municipal
Corporation of Greater Mumbai. The developer shall also submit an undertaking and execute an
agreement about development and maintenance of basic infrastructural amenities in future with bank
guarantee of 15% of its development costs. The Commissioner, Municipal Corporation of Greater
Mumbai shall conduct proper enquiry and ensure the correctness of title and ownership etc. Only after
such verification, Commissioner, Municipal Corporation of Greater Mumbai, shall grant approval to
layout plan and sector wise detailed building plan in consultation with Deputy Director of Town
Planning, Greater Mumbai, Mumbai within the stipulated period on terms & conditions as may be
determined by Commissioner Municipal Corporation of Greater Mumbai & Deputy Director of Town
Planning, Greater Mumbai, Mumbai.

The period required for Technical consultation with Deputy Director of Town Planning, Greater
Mumbai, Mumbai shall not be computed.

Any one aggrieved by an order passed under prevailing D.C. Regulation may within forty days of the
date of communication of the order prefer an appeal to the State Govt.

(ii) Every application shall be accompanied by:-


(a) Ownership Document:- 7/12 extract/Property Card, ownership right

Document in original with list of such Documents.

(b) Extent of area:- Village maps showing the extent of area and authenticated
measurement plan/gat book of the land in original and list of
such documents.

(c) Authenticated copies of

locational clearance and letter of


intent:-

(d) Layout and building:- (i) Layout plan showing all details of area utilized under roads,
open spaces, parks, garden, play ground & other amenities.
(Prepared & signed by experts in
respective field and team headed by (ii) Detailed layout plan, building plans of all development with
an Architect Town Planner) area of all sector and individual plots and built up area/FSI
proposed on each sector and plot.

(iii) Details Report comprising of Expected population,


requirement of amenities and proposed amenities with
reference to prevailing planning standards approved by
Government, and sources of all basic amenities details of
implementation and maintenance & Taxation etc.

(iv) Details of zoning and area under such zone.

(v) Details of FSI/Total built up area proposed to be utilized in


scheme.

(vi) Details of Eco friendly amenities provided.

(vii) Plan showing road hierarchy and road

widths, pedestrian facility, street furniture,


plantation, side walk, subways with details.

(viii) Details of solid waste management plan.

(ix) Plan showing HFL of major lakes, river if any certified by


Irrigation Department.

(x) Plan showing details of distribution of total built-up-area/


space.

(xi) Plan showing water supply distribution system, including


reservoirs, recycling system, details of rainwater harvesting
system.

(xii) Details of Storm Water drainage Scheme.

(xiii) Details of fire fighting mechanism, fire brigade station.

(xiv) All other documents as determined and directed by


Commissioner, Municipal Corporation of Gr. Mumbai.

Note:- The above prescribed periods shall be computed after compliance of all the requirements
listed above and any other additional information called for from the owner/ developer by the
Government/ Collector/ Commissioner.

8. Implementation & completion:-

(i) Development of Basic infrastructure & amenity shall be completed by the developer to the
satisfaction of the Commissioner, Municipal Corporation of Gr. Mumbai as per phases of Scheme.
Development of the scheme shall be completed within 10 years from the date of final sanction to the
layout plan of scheme.

(ii) No building in the scheme is permitted to be occupied in any manner unless occupancy certificate is
issued by Commissioner, Municipal Corporation of Gr. Mumbai.
(iii) Final completion certificate for the scheme is to be issued by Commissioner, Municipal Corporation
of Gr. Mumbai in consultation with Maharashtra Pollution Control Board, Tree Authority as far as tree
plantation is concerned and Chief Fire Officer of Municipal Corporation Gr. Mumbai.

(iv) Application for occupation certificate or final completion certificate shall be submitted alongwith a
declaration and undertaking by the developer and his structural consultant, Architect/ Town Planner as
follows:-

(i) We confirm that all buildings constructed in the scheme area are as per

norms as specified by Indian Standard Institute for the resistance of

earthquake, fire safety and natural calamities.

(ii) Work is done as per sanctioned plan.

(iii) Built-up area and FSI consumed in Scheme is as per sanctioned plan

of the scheme.

(iv) If it is found that extra built-up area/ FSI is consumed in the scheme at

any time, it shall be demolished by developer at his own cost as directed

by Commissioner, Municipal Corporation of Gr. Mumbai within one month.

9. Interpretation:- If any question or dispute arises with regard to interpretation of any of these
regulations, the matter shall be referred to the State Government. The Government after
considering the matter and, if necessary, after giving hearing to the parties, shall give a decision on
the interpretation of the provisions of the Regulations. The decision of Government on the
interpretation of these Regulation shall be final and binding on all concerned.

RAIN WATER HARVESTING

(a) All the layout open spaces/ amenity spaces of housing societies and new constructions/
reconstructions/ additions on plots having area not less than 300 Sq.Mt. in non gaothan areas of all
towns shall have one or more Rain Water Harvesting structures having a minimum total capacity as
detailed in Schedule.
Provided that the Authority may approve the Rain Water Harvesting Structures of specifications
different from those in Schedule, subject to the minimum capacity of Rain Water Harvesting being
ensured in each case.

(b) The owner/ society of every building mentioned in the (a) above shall ensure that the Rain Water
Harvesting structure is maintained in good repair for storage of water for non potable purposes or
recharge of ground water at all times.

(c) The Authority may impose a levy of not exceeding Rs.1000/- per annum for every 100 Sq. Mt. of
built-up area for the failure of the owner of any building mentioned in the (a) above to provide or to
maintain Rain Water Harvesting structures as required under these byelaws.

SCHEDULE

RAIN WATER HARVESTING

Rain Water Harvesting in a building site includes storage or recharging into ground of rain water falling
on the terrace or on any paved or unpaved surface within the building site.

1. The following systems may be adopted for harvesting the rain water drawn from terrace and the
paved surface.

(i) Open well of a minimum of 1.00 mt. dia and 6 mt. in depth into which rain water may be channeled
and allowed after filtration for removing silt and floating material. The well shall be provided with
ventilating covers. The water from the open well may be used for non potable domestic purposes such
as washing, flushing and for watering the garden etc.

(ii) Rain Water Harvesting for recharge of ground water may be done through a bore well around which
a pit of one metre width may be excavated upto a depth of at least 3.00 mt. and refilled with stone
aggregate and sand. The filtered rain water may be channeled to the refilled pit for recharging the bore-
well.

(iii) An impervious surface/ underground storage tank of required capacity may be constructed in the
setback or other open space and the rain water may be channeled to the storage tank. The storage tank
shall always be provided with ventilating covers and shall have draw-off taps suitably placed so that the
rain water may be drawn off for domestic, washing, gardening and such other purposes. The storage
tanks shall be provided with an overflow.
(iv) The surplus rain water after storage may be recharged into ground through percolation pits or
trenches or combination of pits and trenches. Depending on the geomorphological and topographical
condition, the pits may be of the size of 1.20 mt. width X 1.20 mt. length X 2.00 mt. to 2.50 mt. depth.
The trenches can be or 0.60 mt. width X 2.00 to 6.00 mt. length X 1.50 to 2.00 mt. depth. Terrace water
shall be channeled to pits or trenches. Such pits or trenches shall be back filled with filter media
comprising the following materials.

(a) 40 mm stone aggregate as bottom layer upto 50% of the depth;

(b) 20 mm stone aggregate as lower middle layer upto 20% of the depth;

(c) Coarse sand as upper middle layer upto 20% of the depth;

(d) A thin layer of fine sand as top layer;

(e) Top 10% of the pits/ trenches will be empty and a splash is to be

provided in this portion in such a way that roof top water falls on the

splash pad.

(f) Brick masonry wall is to be constructed on the exposed surface of pits/

trenches and the cement mortar plastered. The depth of wall below

ground shall be such that the wall prevents loose soil entering into pits/

trenches. The projection of the wall above ground shall at least be 15 cms.

(g) Perforated concrete slabs shall be provided on the pits/trenches.

(v) If the open space surrounding the building is not paved, the top layer upto a sufficient depth shall be
removed and refilled with course sand to allow percolation of rain water into ground.

2. The terrace shall be connected to the open well/ bore well/ storage tank/ recharge pit/ trench by
means of HDPE/ PVC pipes through filter media. A valve system shall be provided to enable the first
washings from roof or terrace catchment, as they would contain undesirable dirt. The mouths of all
pipes and opening shall be covered with mosquito (insect) proof wire net. For the efficient discharge
of rain water, there shall be at least two rain water pipes of 100 mm dia mtr. for a roof area of 100
Sq.Mt.

3. Rain Water Harvesting structures shall be sited as not to endanger the stability of building or
earthwork. The structures shall be designed such that no dampness is caused in any part of the
walls or foundation of the building or those of an adjacent building.
4. The water so collected/ recharged shall as far as possible be used for nondrinking and non-cooking
purpose.

Provided that when the rain water in exceptional circumstances will be utilised for drinking and/ or
cooking purpose, it shall be ensured that proper filter arrangement and the separate outlet for by
passing the first rain-water has been provided.

Provided further that it will be ensured that for such use, proper disinfectants and the water
purification arrangement have been made.

**************************************************************

APPENDIX I

[Regulations 33(5)]

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

1. Density:- (a) Density shall be upto 450 tenements per net hectare having at least 60 per cent
tenements for EWS/LIG housing. (b) Extra density of 20 per cent over and above the normally
permissible density will apply for such housing schemes, with 60 percent tenements under the
E.W.S. and L.I.G. categories.
2. Minimum Plot Size :- (a) In the case of a row house on a plot of 25 sq. m., a room of minimum size of
5.57 sq.m. (60 sq.ft) with toilet arrangement in the first phase shall be permitted. In the second
phase, one room of 9.30 sq.m. (100 sq.ft.) may be allowed to be added. However, commencement
and occupation certificates shall be granted initially to the first phase only and subsequent
certificate for second phase issued as required.

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

(c) Cooking space (alcove):- Provision of separate kitchen shall not be necessary; However, cooking
space shall be allowed with a minimum size of 2.4 sq.m. with minimum width of 1.2 m.
(d) Combined toilet:- A combined toilet shall be permitted for more than one tenement with a
minimum area of 1.85 sq.m. with minimum width of one meter.

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

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

3. External walls:- 115 mm, thick external brick wall without plaster shall be permitted.
4. Staircases:- Single flight staircases without landing between the two floors shall be permitted.

5. Front open space:- The front open space from roads having width of 9.14 m. and below shall be a
minimum of 1.5 m for buildings with heights of upto 10 mt.

6. Open space (side and rear):- The distance between two ground floor structures shall be of a
minimum of 4.5 m for purpose of light and ventilation of habitable rooms. In case of toilets deriving
light and ventilation from open space, the distance between the two ground floor structures shall
be a minimum of 1.5 m.

7 Pathways:- The widths of pathways shall be as follows :-

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

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

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

(iv) 3.0 m. width for pathways upto 50 m. in length;

8. Flushing cistern:- In water closets, flushing cistern shall not be essential and toilets without this
provision may be permitted.
9. Water closet pan size :- The water closet seat shall be of a minimum of 0.46 m. (18 inches) in length.
10. Septic tank and leaching pits (soak pits):- A septic tank shall be provided with capacity of 141.6
litres (five cubic feet) per capita. Where the municipal services are likely to be available within four
to five years or so, pour flush water seal latrines (NEERI type) shall be permitted where the
municipal sewerage system is not available and the water table in the area is not high.
11. Convenience shopping:- Convenience Shopping as defined in these Regulations shall be permitted
along layout roads with width of 12.2 m. to 18.49 m. provided that a minimum set-back of 1.5m and
a minimum plot area of 25.2 sq.m is available and is provided.
12. Recreation Ground :- In the layouts, provision for recreation ground shall be on the lines prescribed
in these Regulations.
13. Ancillary structures :- Ancillary structures such as underground tank, overhead tank, substations
etc. shall be permissible in the compulsory recreation open space subject to the condition that not
more than 10 per cent of such space shall be utilised for such purposes.

APPENDIX II

(Regulations 33 (6)

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

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

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

3. The new building may be permitted to be reconstructed in pursuance of an agreement to be


executed on stamp paper by at least 70 per cent of the landlord/occupants (if any) in the original
building, within the meaning of the Mumbai Rents, Hotel and Lodging House Rates Control Act,
1947, and such agreement shall make a provision for accommodation for the said landlord/all
occupants in the new building on agreed terms and a copy of such agreement shall be deposited
with the Corporation before commencement or undertaking reconstruction of the new building.
4. The Carpet area of part or parts of the new building intended to be used as office premises shall not
exceed the carpet area of part or parts of the original building so used as office premises or for
commercial use.

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

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

7. The landlord/occupants of the original buildings shall furnish a duly stamped under-taking that
he/they shall allot to all the occupants in the original building accommodation in the new building in
accordance with Regulations 3 in this Appendix.

8. No construction or reconstruction shall be permitted on set-back areas or areas required for road-
widening and such areas shall be handed over to the Corporation.
9. Reconstruction of collapsed/gutted/demolished portions of buildings (provided such
collapsed/gutted/demolished portion is not more than 25 per cent of the whole building, excluding
sanitary portions and common facilities, passages and usages such as lift portion and lift wells,
staircases, etc.) will be permitted subject to these Regulations with the use of conventional
materials only, except for repairs to the aforesaid sanitary portions and common facilities which will
be permitted in R.C.C. with existing FSI, irrespective of permissible F.S.I.

APPENDIX III

[D. C. Regulations No. 33(7)]

Regulation for the reconstruction or redevelopment of cessed buildings in the Island City by the
Landlord and/or Co-operative Housing Societies.

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

(b) All the occupants of the old building shall be re-accommodated in the redeveloped building.

2. Each occupant shall be rehabilitated and given the carpet area occupied by him for residential
purpose in the old building subject to the minimum fixed carpet area of 27.88 sq. mtrs. (300 sq.ft.)
(fixed) and/or maximum carpet area upto 70 sq. mt. (753 sq. ft.) as provided in the MHAD Act, 1976.
In case of non-residential occupier the area to be given in the reconstructed building will be
equivalent to the area occupied in the old building.

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

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

4. The tenements in the reconstructed building shall be allotted by the landlord/occupants’ co-
operative housing society to the occupiers as per the list certified by the Mumbai Repairs and
Reconstruction Board. The prescribed percentage of the surplus built up area as provided in the
Table in the Third Schedule of the Maharashtra Housing and Area Development Act, 1976, shall be
made available to the Mumbai Repairs and Reconstruction Board for accommodating the
occupants in transit camps or cessed buildings which cannot be reconstructed, on payment of an
amount as may be prescribed under MHAD Act, 1976.
Provided that the area equivalent to the market value (The market value shall be as per the Ready
Reckoner rate of that year) of area admissible as per the prescribed percentage of built up area can be
made available within the same municipal ward of MCGM.

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

(a) In the case of redevelopment of ‘A’ Category cessed building undertaken by landlord and / or co-
operative Housing Societies of landlord and / or occupiers, the total FSI shall be 3.00 of the gross plot
area or the FSI, required for rehabilitation of existing occupiers plus 50% incentive FSI whichever is
more.

(b) In case of redevelopment scheme of ‘B’ category cessed building undertaken by landlord and/or Co-
operative Housing Societies of landlord and / or occupiers, the total FSI shall be the FSI required for
rehabilitation of existing occupiers plus 50% incentive FSI.

(c) In cases of composite redevelopment of ‘A’, ‘B’ and ‘C’ category cessed buildings declared as
dangerous by the Board before Mansoon of 1997, FSI available for redevelopment undertaken by the
landlord and/or cooperative Societies of landlord and / or occupiers will be as available for ‘A’ category
cessed buildings vide sub-clause (a) above.

(d) In case of composite redevelopment undertaken by the different landlords and / or co-op.
Housing Societies of landlords and / or occupiers jointly of 2 or more plots but not more than 5 plots
with ‘A’, ‘B’ and ‘C’ category cessed buildings the FSI permissible will be 3.00 or FSI required for
rehabilitation of exiting occupiers plus 60% incentive FSI, whichever is more;

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

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

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

7. Construction or reconstruction of old building falling under reservation/zones contemplated in the


Development Plan shall be permitted in accordance with the provision of notification No. TPB
4392/4080A/RDP/UD-11, dated 3rd June 1992 issued under Section 31 of the MR & TP Act.

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

(b) Any plot under non-buildable reservations admeasuring only upto 500 Sq.mts may be cleared by
shifting the existing tenants from that site.

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

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

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

(f) Contravening structures in Town Planning Scheme Regulations shall also be included in the
redevelopment scheme. FSI for the same will be as under Development Control Regulations 33(15) or
as provided in this Regulations whichever is more.

8. Relaxation in building and other requirements for rehabilitation:- Notwithstanding anything


contained in these Regulations, the relaxations incorporated in Regulations No 33 (10) of these
Regulations shall apply. No further relaxations shall be applicable.
9. 20% of the incentive FSI can be used for non-residential purposes otherwise permissible in the
Development Control Regulations.
10. (a) In the case of redevelopment scheme in progress and such schemes where LOI has been issued,
the owner/Developer/co-operative housing society with the prior approval of Govt. may convert
the proposal in accordance with modified regulations, only regarding size of tenements and loading
of FSI, in situ. However, such conversion is optional and shall not be binding.
(b) In case of redevelopment of buildings undertaken by MHADA, where construction is in progress,
whether the area of new tenement should be 20.90 sq.mt or otherwise the question shall be decided by
MHADA in each case. However, if area of tenements is not increased to 20.90 sq.mt. then development
will have to be carried out as per approved plan and FSI.

11. The FSI as in sub-regulations (7) of Regulations 33, should be allowed by the Commissioner only
after Mumbai Repairs and Reconstruction Board is satisfied that the said redevelopment proposal
fulfills all conditions to be eligible for the benefits under these regulations.
12. In case of the redevelopment of cessed buildings, the concessions regarding exclusion of areas from
computation of FSI for general buildings stipulated in Regulation 35(2) of DCR for Greater Mumbai
1991 shall apply.
13. Since the permissible FSI in clause 5 of this Appendix is dependent upon the number of occupiers
and the actual area occupied by them, no new tenancy created after 13.6.1996 shall be considered.
Further unauthorized constructions made in the cessed buildings shall not be considered while
computation of existing FSI. However the occupier may be allowed to declare whether the
tenement is residential or non-residential.
14. For smooth implementation of the redevelopment scheme undertaken by owners and/or Co-
operative Housing Society of the occupiers, the temporary transit camps may be permitted on the
same land or land situated elsewhere belonging to the same owner/developer with the concessions
permissible under SRS project under Regulations 33(10) of these Regulations. Such transit camps
should be demolished within one month from the date of occupation certificate granted by the
Corporation for the reconstructed buildings.

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

16. As per the provision of clause 2, each residential/non residential occupant shall be rehabilitated
only for carpet area mentioned in the said clause No.2 and such areas shall be clearly shown on the
building plan submitted to the Corporation/ MHADA.
17. A corpus fund is to be created by the developer which will take care of the maintenance of the
building for a period of 10 years.

18. Restriction on transfer of tenements shall be governed by provision of rent control Act till Co-Op.
Society is formed and after that the same shall be governed by the provision of Maharashtra co-op.
Society’s Act.
19. Non Deduction of non-cessed Structure area in the scheme of 33(7) for FSI purpose. In case of mix
of the structure i.e. cessed & non cessed Structure and if the area of non cessed structure existing
prior to 30/9/69, area of land component under non-cessed structure works out upto a limit of 25%
of plot area, then FSI Shall be considered on total plot area. If this area exceeds 25% of the total
area, then area above 25% shall be deducted from plot area. FSI for deducted area shall be as per
regulation 32 and the remaining plot area shall be as per 33(7).

Note:- All Regulations / modifications mentioned above shall not be applicable to the areas which are
affected by Coastal Regulations Zone Notification issued by Ministry of Environment and Forest,
Government of India vide Notification dated 19 February 1991 and orders issued from time to time.

Appendix III-A

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

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

(i) Cessed buildings of ‘A’, ‘B’ & ‘C’ categories in Island City, which attracts the provisions of MHAD Act,
1976.

(ii) Buildings erected before 30/9/1969 and acquired by MHADA under MHAD Act, 1976.

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

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

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

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

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

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

2. Eligibility for Urban Renewal Scheme:-

(a) Buildings:-

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

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

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

(b) For slum Areas:-


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

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

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

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

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

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

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

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

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

(a) The total permissible FSI shall be on gross plot area excluding reservations / designations, but
including the built up area under reservation /designation.
Provided that in all the projects undertaken jointly with the land owners and /or Co-op. Housing
Societies of tenants/occupiers of the buildings or Developer or Co-op. Housing Society of hutment
dwellers therein where the rehab FSI exceeds 2.50, MHADA/MCGM shall get 5% of built up area for FSI
4.00 free of cost. This additional area shall be included in rehabilitation area and incentive to the extent
of 50% shall be available for this area.

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

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

(i) Where the total area of amalgamated plots is between 4000 – 8000

Sq.mt. then the incentive FSI admissible will be 55%.

(ii) Where the total area of amalgamated plots is between 8001 – 12000

Sq.mt. then the incentive FSI admissible will be 65%.

(iii) Where the total area of amalgamated plot is above 12001 – 16000

Sq.mt., then the incentive FSI admissible will be 70%.

(iv) Where the total area of amalgamated plot is above 16001 – 20000

Sq.mt., then the incentive FSI admissible will be75%.

(v) Where the total area of amalgamated plot is more than 20000 Sq.mt.,

then the incentive FSI admissible will be 80%.

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

Provided that amalgamation of the plots from Revenue Department shall be insisted before the issue of
commencement certificate.
(d) In the proposal of maximum 4.00 FSI the permissible maximum FSI over and above ‘rehab +
incentive’ as per (c) above shall be shared in terms of built up area between M.C.G.M./MHADA (in
proportionate to their plot areas) and private developer in Joint Venture in the ratio of 1:0.5.

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

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

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

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

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

7. Construction or reconstruction of slums / buildings falling under Reservations contemplated in


development shall be permitted as under:-

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

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

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

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

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

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

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

9. An amount of Rs. 5000/- per sq. mt shall be paid by the owner / developer/ society as additional
development cess for the built-up area over and above the normally permissible FSI, for the
rehabilitation and free sale components. This amount shall be paid to the Corporation in
accordance with the time schedule for such payment as may be laid down by the Commissioner,
MCGM provided that the payment of installments shall not go beyond the completion of
construction. This amount should be kept in separate account and shall be used for Scheme to be
prepared for the improvement of off-site infrastructure around the cluster. The above development
cess shall be enhanced @ 10.00% every three years.
10. For smooth implementation of the redevelopment scheme undertaken by owners and/or Co-
operative Housing Society of the tenants / occupiers, the temporary transit camps may be
permitted on the same land or land situated elsewhere belonging to the same owner/ developer
with the concessions permissible under SRA project under Regulation 33(10) of these regulations.
Such transit camps should be demolished within one month from the date of occupation certificate
granted by the Corporation for the reconstructed/rehabilitation building.
11. Non conforming activities:- All activities which are existing shall be allowed to be re-
accommodated regardless of the non conforming nature of the activities except those which are
hazardous and highly polluting and except in cases where the alternative accommodation have
already been provided elsewhere by the Municipal Corporation.

12. Relaxation in Building and other requirements:-

In case of tenement of 27.88 sq. mt. area for rehabilitation / additional tenement to be given to Repairs
Board / Mumbai Board/M.C.G.M. following components are included.
12.1 The calculation of FSI for all purposes shall be on gross area i.e. without deducting any percentage
for recreation open space. This shall not affect the requirement of physical open space keeping aside
the said recreational open space on site as per the prevailing D.C. Regulations.

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

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

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

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

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

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

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

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

12.10 Wherever more than the minimum front and marginal spaces have been provided, such additional
area provided may be considered as part of the amenity open space in the project comprising both
rehabilitation and free sale components, and without charging any premium, in relaxation of the
stipulations in D.C. Regulation No.23, wherever necessary.
12.11 Pathways and means of access:- The ratio between the length of the pathway and the width
thereof shall be as follows,-

Length Width

Upto 20 meters 1.5 meters

21 to 30 meters 2.0 meters

31 to 40 meters 2.5 meters

41 to 50 meters 3.0 meters.

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

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

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

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

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

12.17 All relaxation outlined hereinabove shall be given in the rehabilitation component and also to the
composite buildings in the Project Premium shall not be charged for all or any of the relaxations given
hereinabove or for any other mentioned in DC Regulation 35(2)(c).
12.18 The parking in the scheme shall be provided as per modified DCR 36 or one car park per
tenement of sale component, whichever is higher.

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

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

15. Restriction on transfer of tenements shall be governed by provision of Rent Control Act till Coop.
Society is formed and after that the same shall be governed by the provision of Maharashtra Co-op.
Societies Act. However, tenements constructed for slum rehabilitation shall not be transferred for
the period of 10 years.
16. A Corpus fund is to be created by the Developer which will take care of the maintenance of the
building for a period of 10 years, to be decided by the High Power Committee under clause 18.
17. Those schemes for which approval has been given under DCR 33(7) and for which work has not yet
started, can be considered for approval under DCR 33(9) provided they satisfy all the conditions for
approval under DCR 33(9).
18. A High Power Committee (HPC) will be constituted which will approve the schemes with the
previous sanction of the Govt. under DCR 33(9). On approval by this High Power Committee, the
proposal will be submitted to MCGM for approval of plans. The Govt. will have the powers for any
relaxations/modifications in the rules. Separate guidelines will be issued for the HPC.

APPENDIX IV

1. Applicability of the provisions of this Appendix :- The following provisions will apply for
redevelopment/construction of accommodation for hutment/pavement-dwellers through owners/
developers/co-operative housing societies of hutment/pavement-dwellers/public authorities such
as MHADA, MIDC, MMRDA etc./ Non-Governmental Organisations anywhere within the limits of
Brihan Mumbai. However, NGO should be registered under the Maharashtra Public Charitable
Trusts Act, 1961 and the Societies Registration Act, 1960 at least for the last five years or be
certified by Nirmala Niketan College of Social Work. Notwithstanding anything contained above,
the said NGO’s name should also be got approved by SRA.

RIGHT OF THE HUTMENT DWELLERS:-

1.1 Hutment-dwellers, in the slum or on the pavement, eligible in accordance with the provisions of
Development Control Regulation 33(10) shall in exchange for their structure, be given free of cost a
residential tenement having a carpet area of 25.00 sq. m. (225 sq. ft.) including balcony, bath and water
closet, but excluding common areas.
1.2 Even those structures having residential areas more than 20.90 sq. m will be eligible only for 25.00
sq. m of carpet area. Carpet area shall mean exclusive of all areas under walls including partition walls if
any in the tenement. Only 20.90sq.mt. carpet area shall be given and if proposal contains more area, it
shall not be taken up for consideration.

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

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

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

1.6 An individual agreement shall be entered into by the owner/developer/cooperative housing


society/NGO with the eligible hutment-dwellers of each structure in the slum/pavement.

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

1.8 Hutments having a physically handicapped person, or female headed households shall be given first
preference in allotment of tenements. Thereafter lots shall be drawn for allotment of tenements from
the remaining tenements to the other hutment-dwellers. The details about the specific tenement
allotted should be given to the hutment-dwellers preferably before shifting them to the transit
tenement.
1.9 Transfer of Photo-passes:- Since only the actual occupant at present will be eligible for
redevelopment, there shall be no need to regularize the transfers of photo- passes that have occurred
so far. A photo-pass will be given after the new tenement has been occupied.

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

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

In addition to above, the Developer/Co-operative Housing Society shall pay premium at the rate of
Twenty Five per cent in terms of Ready Reckoner in respect of Slum Rehabilitation Scheme proposed to
be undertaken on lands owned by Government, Semi-Government Undertakings and Local Bodies.

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

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

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

1.15 Where 70 percent or more of the eligible hutment-dwellers in a slum or pavement in a viable
stretch at one place agree to join a rehabilitation scheme, it may be considered for approval. Provided
that nothing contained herein shall apply to Slum Rehabilitation Projects undertaken by the State
Government or Public authority or as the case may be a Govt. company as defined in Sec. 617 of the
Companies Act 1956 and being owned and controlled by the State Government.

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

(i) Provision for all of them shall be made in the rehabilitation component

of the scheme.

(ii) The details of the actual tenement that would be given to them by way

of allotment by drawing lots for them on the same basis as for those who

have joined the Project will be communicated to them in writing by the

Managing Committee of the Cooperative Housing Society if it is registered

or the developer, and in case of dispute, decision of the CEO / SRA shall

be final and binding on all the parties concerned.

(iii) The transit tenement that would be allotted to them would also be

indicated along with those who have joined the Project.

(iv) If they do not join the scheme within 15 days after the approval has

been given to the Slum Rehabilitation Project on that site, then action

under the relevant provision including sections 33 and 38 of the


Maharashtra Slum Areas (Improvement, Clearance and Redevelopment)

Act, 1971 as amended from time to time, shall be taken and their

hutments will be removed, and it shall be ensured that no obstruction is

caused to the scheme of the majority of persons who have joined the

scheme willingly.

(v) After this action under the foregoing clause is initiated, they will not be

eligible for transit tenement along with the others, and they will not be

eligible for the reconstructed tenement by lots, but they will still be entitled

only to what is available after others have chosen which may be on the

same or some other site.

(vi) If they do not join till the building permission to the Project is given,

they will completely lose the right to any built-up tenement, and their

tenement shall be taken over by the Slum Rehabilitation Authority, and

used for the purpose of accommodating pavement-dwellers and other

slum dwellers who cannot be accommodated in-situ etc.

(vii) A pitch of about 3m x 3.5m will be given elsewhere if and when

available, and construction therein will have to be done on their own.

1.17 The Managing Committee of the proposed as well as registered Cooperative housing society of
hutment dwellers shall have women to the extent of one-third of the total strength and actual members
on the committee at any time.
1.18 Restriction on Transfer of Tenements:- The tenement obtained under this scheme cannot be
sold/leased/assigned or transferred in any manner for a period of ten years from the date of
allotment/possession of the tenement. In case of breach of conditions, except transfer to legal heir, the
tenement will be taken over by Slum Rehabilitation Authority.

2. BUILDING PERMISSION FOR SLUM REHABILITATION PROJECT, —

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

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

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

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

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

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

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

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

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

3. REHABILITATION AND FREESALE COMPONENT:-

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

3.2 Built-up area for rehabilitation component shall mean total construction area of rehabilitation
component, excluding what is set down in 35 (2) of D. C. Regulations, 1991 but including areas under
passages, balwadis, welfare centres, society office, religious structures, other social infrastructure like
School, Dispensary, Gymnasium run by Public authority or Charitable trust, 5 percent incentive
commercial areas for the Co-operative society, and the further 5 percent incentive commercial area for
the NGO, GOVT. / Public Authority / Govt. Company wherever eligible.

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

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

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

3.7 FSI to be sanctioned on a Slum Rehabilitation Project on a site may exceed 3.00.

3.8 Maximum FSI Permissible for Consumption on the Plot:- Even though the sanctioned FSI may be
more than 3.00 FSI, the maximum FSI that can be utilised on any slum-site for the project shall not
exceed 4.00 and the difference between sanctioned higher FSI and 3.00 if any, will be made available in
the form of Transferable Development Right (TDR) in accordance with the provisions of Appendix Vll-B.
The computation of FSI shall be done for both rehab and free sale components in the normal manner
that is giving the benefit of what is set down in DC Regulations No. 35(2). While the areas referred in
sub-regulations No. 6.10 and 8.2 of this Appendix shall not be included for computation of FSI the said
areas shall be included for computation of the rehab component of 10 sq. mt. in sub-Regulations 3.3 to
3.5 hereinabove.

Provided that if the existing tenement density is more than 650 per hectare, Govt. in Urban
Development Department may allow FSI consumption in situ to be exceeded upto the sanctioned FSI
but not exceeding 4.00 FSI. In such cases the difference between sanctioned higher FSI and 3.00 if any,
will be made available in the form of Transferable Development Rights (TDR) in accordance with the
provisions of Appendix- VII B.

3.9 Notwithstanding the provisions in 3.8 above, on account of constraints such as height restrictions,
uneconomical site conditions, etc; if the full 3.00 FSI cannot be used on the same site, TDR may be
allowed as may be necessary even without consuming FSI upto 3.00 on the same site. However, TDR
may be allowed only when the frame work for one complete building in rehab component is constructed
or when 10% of the rehab component has been constructed on site and the said TDR will not exceed 50
percent of the construction of rehab component at any point of time till the total rehab component has
been completed. On completion of the total rehab component balance TDR will be allowed.

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

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

Provided that the State Govt. or Public authority or a Govt. Company as defined in Sec. 617 of the
Companies Act 1956 and owned and controlled by the State Govt. (herein after referred as the Agency)
may undertake Slum Rehabilitation Project on its own land and be eligible for the benefits under this
Regulation subject to following conditions:-

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

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

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

(a) to the slum dwellers located on land belonging to Government or

Public Authority within a distance of 2 km. from the land on which the

Project is undertaken, or

(b) to the slum dwellers located anywhere in Greater Mumbai on lands

belonging to Govt. or Public Authority, or

(c) to the slum dwellers located on private lands if the land owner pays the

entire cost of tenements as determined by the Agency.


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

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

Provided that notwithstanding anything mentioned above, project affected persons under Mumbai
Urban Transport Project (MUTP) being resettled as per the provisions contained in Government
Resolution, Housing and Special Assistance Department, by order no. 700/CR 31/ slum-2 dated
12/12/2000 and certified by the Project Director, MUTP will also be eligible for redevelopment scheme
under 33(10) of the Development Control Regulations for Greater Mumbai, as amended from time to
time.

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

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

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

3.14 Amalgamation/Subdivision Of Plots and Balancing Of FSI Thereon:- Any land declared as
slum rehabilitation area or on which slum rehabilitation project has been sanctioned , if it is spread on
part or parts of C.S. Nos. or CTS Nos. or S. Nos. shall be treated as natural amalgamation/ subdivision/s
of that C.S. or CTS or S. No. or F.P. No. for which no separate approval for amalgamation/subdivision of
land would be necessary.

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

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

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

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

3.19 Declaration of Additional Areas as Difficult Category:- The Slum Rehabilitation Authority may
consider declaring additional areas as difficult and publish it in the Maharashtra Government Gazette,
provided the following criterion/criteria are fulfilled :-

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

(ii) To vacate land required for implementation of reservations for essential

public purposes, or
(iii) Required for rehabilitation to avoid loss of human life:

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

4 TEMPORARY TRANSIT CAMPS:-

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

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

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

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

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

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

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

5. COMMERCIAL / OFFICE / SHOP / ECONOMIC ACTIVITY FREE OF COST:-


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

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

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

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

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

5.6 Convenience Shopping in Free-Sale Component:- Convenience shopping in the free-sale


component vide DCR 2(3) (20) shall be permitted along the layout roads. The Chief Executive Officer,
Slum Rehabilitation Authority may add to alter or amend the said list for convenience shopping.

5.7 Incentive Commercial Areas For Society and NGO:-

(a) The scheme, when undertaken by a Co-operative Housing Society of

slum dwellers, may provide an additional 5 per cent built-up area on the

rehabilitation area free of cost for commercial purpose, even where the
site is in C-1 or C-2 zone. This area will be at the disposal of the

Cooperative Housing Society of the hutment-dwellers. The corpus amount

shall not be spent, but the income from the property/corpus alone shall

be used by the Society for maintenance of the building and premises, and

such other purposes as may be laid down by the Slum Rehabilitation

Authority.

(b) Where the scheme is undertaken by a Non-Government Organisation

Govt. or Public Authority or Govt. Company another additional 5 per cent

built-up area on the rehabilitation area may be given free of cost for

commercial purpose, even where the site is in C-1 or C-2 zone. This area

shall be at the disposal of the Non-Governmental Organisation Govt. or

Public Authority or Govt. Company in consultation with the cooperative

housing society.

6. RELAXATION IN BUILDING AND OTHER REQUIREMENTS:-

Modified provision sanctioned by Government:-

6.1 A multipurpose room shall be allowed with size upto 12.5 sq.mt. with a minimum width of 2.4
mt.

6.2 Separate kitchen shall not be necessary. Cooking space (alcove) shall be allowed without any
minimum size restrictions. Where a kitchen is provided, the minimum area shall be 5 sq.mt. provided
the width shall be at least 1.5 mt.
6.3 There shall be no size restriction for bath or water closet unit. Moreover for bathroom, water
closet or kitchen, there shall be no stipulation of one wall abutting open space, etc. as long as artificial
light and Ventilation through any means are provided.

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

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

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

6.7 The staircase/s shall be of dog legged type. If a single flight staircase is accepted, the flight width
shall not be less than 1.50 mt. However, if two or more staircases are provided the flight width may be
reduced to 1.2 mt. in such case:

provided that both the staircases shall be interconnected by means of common passage/corridors, so as
to serve as alternate means of access/escape in the event of emergency.

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

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

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

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

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

6.12 Notwithstanding the provisions in DCR 29 Table 10 where the location of the plot abuts DP Road,
having width of 18.30 m and above, the front marginal open space shall not be insisted upon beyond 3.0
mt. provided it is not an express highway or road wider than 52 mt.

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

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

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

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

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

Length Width

Upto 20 mt. 1.5 mt.

Upto 30 mt. 2.0 mt.

Upto 40 mt. 2.5 mt.

Upto 50 mt. 3.0 mt.

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

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

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

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

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

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

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

Note:- Provisions contained in Clause 6.1 to 6.26 of the notice published by Urban Development
Department under its No. DCR-1095/1209/CR-273/95/UD-11, sanctioned vide even no. dated 15th
October 2003.

7. SLUMS AND DEVELOPMENT PLAN RESERVATIONS:-

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

7.2 Slums in any zone shall be allowed to be redeveloped in-situ without going through the process of
change of zone. In the free-sale component in any zone, in addition to residential user, all the users
permitted for the original zone shall be permitted. For industrial user, the segregating distance shall be
maintained from the existing industrial unit.
7.3 Any plot under non-buildable reservations admeasuring only upto 500 sq. metres may be cleared by
shifting the slum-dwellers from that site.

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

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

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

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

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

7.9 Slum Rehabilitation Permissible on Town Planning Scheme Plots:- Slum Rehabilitation Project can
be taken up on Town Planning Scheme plots also, after they are declared as slums/ slum rehabilitation
areas. Wherever Town Planning Scheme Regulations so provide, there shall be no insistence on 15 per
cent recreational/amenity open space for FSI deduction.
7.10 Contravening structures in the adjoining final plots, if declared as a slum rehabilitation area by the
competent authority, may be included in the Slum Rehabilitation Scheme in the relevant Final Plot of the
Town Planning Scheme.

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

8. WELFARE HALL, BALWADI, SOCIETY OFFICE AND RELIGIOUS STRUCTURE:-

8.1 There shall be a welfare hall in each Project as part of the rehabilitation component. It shall be at the
rate of 20.90 sq. m. for every multiple or part of 100 hutment dwellers families, but located so as to
serve all the floors and buildings equitably. In case of misuse, it shall be taken over by the Slum
Rehabilitation Authority which will be competent to allot the same to some other organization
/institution for public use. Balwadi shall also be provided for in a similar scale. An office for the Co-
operative housing society shall be also constructed in accordance will D.C. Regulations No. 38(11).
However, if the number of rehab tenements exceeds 100 then for every 100 rehab tenements such
additional society office shall be constructed. Religious structures existing prior to redevelopment, if
allowed in accordance with the guidelines issued by Government from time to time as part of
redevelopment shall not exceed the area that existed prior to redevelopment. Other social
infrastructure like School, Dispensary, Gymnasium, run by any Public Authority or Charitable Trust, that
existed prior to the redevelopment shall be constructed under the Redevelopment project in such a way
that the area of each reconstructed amenity is equal to the area of such amenity prior to redevelopment
or the minimum area, if any, prescribed for such amenity under the prevailing Development Control
Regulations, whichever is more.

8.2 All the areas underlying welfare hall/s, society office, balwadi/s, religious structure/s, social
infrastructure like School, Dispensary, Gymnasium run by Public Authority or Charitable Trust, the
commercial areas given by way of incentives to the co-operative society and the nongovernmental
organisation shall be free of cost and shall form part of rehabilitation component and it is on this basis
the free sale component will be computed. These provisions shall apply to construction of transit camps
under DC Regulations 33(14) also.

8.3 Welfare halls, society office, balwadis and religious structure/s social infrastructure like School,
Dispensary, Gymnasium rub by Public Authority or Charitable Trust in the rehab component shall not be
counted towards the FSI even while computing 2.5 FSI on site.

9. PAYMENTS TO BE MADE TO SRA AND INSTALMENTS:-


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

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

Provided that out of Rs. 560/- per Sq. mt. Infrastructural charges, 90% amount will go to BMC & 10%
amount will remain with SRA.

10. CONVERSION OF OLD PROJECT INTO NEW PROJECT:-

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

10.1(A) In the case of any Slum Redevelopment Scheme in progress and any Slum Redevelopment
Scheme where LOI has been issued, envisaging construction of rehabilitation tenements having
individual carpet area of 20.90 sq.mtrs., if full occupation permission has not been granted and if it is
structurally feasible to provide rehabilitation tenements having individual carpet area of 25 sq.mtrs,
without having to completely pull down and reconstruct the ongoing rehabilitation building(s), the
Owner/Developer/Co-op. Housing Society of Hutment or Pavement dwellers/Non-Govt.
Organization/Public Authority executing such scheme may, at its option and with the approval of Govt.,
convert such scheme in accordance with the provisions of Regulation 33(10), as modified vide
Notification No. TPB. 4312/CR-3/2012/ (Camp)/UD-11, dated 28.06.2012, only with regard to the size
of tenement and loading of FSI in situ.

Appendix IV-(A)

1. Applicability of the provisions of this appendix:-

The following provisions will apply for redevelopment / construction of accommodation for hutment /
pavement dwellers which are part of DRP undertaken by DRP (SRA) through the developer to be
appointed by DRP(SRA) with the prior approval of the committee formed by the Housing Deptt.
Resolution no. Zopuyo 2003/CR-189/Zopsu-1 dt.4.2.2004 by following competitive bidding process for
DRP or through Public Authority. This appendix is not applicable to the properties which are not part of
DRP.

The properties which are not part of DRP as defined above shall be developed in accordance with
DCR 32 only. The other provisions of DCR 1991 allowing higher FSI which are permitted under DCR 33
and provisions of this Appendix shall not be applicable to such properties which are not part of DRP.

RIGHT OF THE HUTMENT DWELLERS:-

1.1 Hutment-dwellers having existing carpet areas upto 27.88 sq.mt. (300 sq.ft.), in the slum or on the
pavement, eligible in accordance with the provisions of Development Control Regulation 33(10) (A)
shall in exchange for their structure, be given free of cost a residential tenement having a carpet area of
25 sq.mt. (269 sq.ft.) plus 10% balcony totaling to 27.88 sq.mt. (300 sq.ft.) with a separate living room,
kitchen, bedroom, bath and water closet, but excluding common areas. Carpet area shall mean exclusive
of all areas under walls including partition walls if any in the tenement.

1.2 For those structures having residential areas more than 27.88 sq.mt. (300 sq.ft.) will be eligible
for residential tenement having carpet area of 33.45 sq.mt. (360 sq.ft.) plus 10% balcony totaling to
37.16 sq.mt. (400 sq.ft.). Out of this total 37.16 sq.mt area, 27.88 sq.mt. (300 sq.ft.) area will be free of
cost and area above 27.88 sq.mt. (300 sq.ft.) admeasuring 9.29 sq.mt. (100 sq.ft.) will be at construction
cost to be determined by OSD, DRP(SRA) and the said cost to be paid by the hutment dweller to the
developer. Carpet area shall mean exclusive of all areas under walls including partition walls if any in the
tenement. Only 37.16 sq.mt. (400 sq.ft.) carpet area shall be given and if proposal contains more area, it
shall not be taken up for consideration.
1.3 All eligible hutment dwellers taking part in the Dharavi Redevelopment Project shall have to be
rehabilitated according to the provisions in this Appendix. It may be in the same sector or other sectors
within the jurisdiction of Dharavi Redevelopment Project.

1.4 Pavement dwellers and hutment dwellers in the slum on the land required for vital urgent public
utility / purpose or on the hazardous location or affected by DP proposals shall not be rehabilitated in-
situ but in other available plots within jurisdiction of Dharavi Redevelopment Project.

1.5 A certified extract of the relevant electoral roll shall be considered adequate evidence to establish
the eligibility of a person provided he is found residing in the structure. This is to avoid the possibility of
persons who have left the structure coming back to claim free tenement under the scheme even though
they have in the normal course left the slum and gone away into a proper non-slum area or out of DRP
Area. If the hutment dwellers are found resident in the structure, but the names are on the electoral roll
on or prior to 1st Jan 2000, at another slum / pavement site in Brihan Mumbai, they shall be considered
eligible but only at the place of present residence. In case of doubt or dispute, the decision of the
Competent Authority to be appointed by the Government in Housing Department shall be final and
binding on all the parties concerned.

1.6 An individual agreement shall be entered into by the developer so appointed under Dharavi
Redevelopment Project by DRP (SRA) with the eligible hutment dwellers of each structure in the slum /
pavement.

1.7 The individual agreement entered into between hutment dwellers and the land owning authority /
SRA / developer shall be in the joint names of pramukh hutment dweller and spouse for every structure.

1.8 Hutments having a physically handicapped person or female headed households shall be given first
preference in allotment of tenements to the other hutment-dwellers. Thereafter lots shall be drawn for
allotment of tenements from the remaining tenements to the other hutment-dwellers.

1.9 Transfer of Photo passes:- Since only the actual occupant at present will be eligible for
redevelopment, there shall be no need to regularize the transfers of photo passes that have occurred so
far.

1.10 Any person whose name is enrolled in a non-slum area in Brihan Mumbai but has purchased a
hutment in DRP area and therefore got his name also included in electoral roll for the slum area, i.e. he
has his name in the electoral roll at two places, he shall not be eligible for the scheme.
1.11 Ownership and Terms of lease:- The part of Government / MCGM / MHADA / MMRDA / Any
Undertaking land on which the rehabilitation component of DRP will be constructed shall be leased to
the co-operative Housing Society of the slum dwellers on 30 years lease at the lease rent of Rs. 1001 for
4000 sq.mt. of land or part thereof and renewable for a further period of 30 years. The same conditions
shall prevail for the land under the free sale component and the land shall be leased directly to the
Society / Association of the purchasers in the free sale component and not through the society of
hutment dwellers.

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

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

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

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

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

(iii) If they do not join the scheme within 15 days after the developer informs OSD, DRP(SRA) of the
unwillingness of the said dweller, then action under the relevant provisions of the Maharashtra Slum
Areas (Improvement Clearance and Redevelopment) Act, 1971 as amended from time to time, shall be
taken and their structures will be removed, and it shall be ensured that no obstruction is caused to the
scheme of the majority of persons who have joined the scheme willingly.

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

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

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

1.15 The Managing Committee of the Co-operative Housing Society of hutment dwellers to be formed
after allotment of reconstructed tenements shall have women to the extent of one third of the total
strength and actual members on the committee at any time.

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

2. BUILDING PERMISSION UNDER DHARAVI REDEVELOPMENT PROJECT.

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

2.2 The approval to the Project shall be given by the Dharavi Redevelopment Project cell of Slum
Rehabilitation Authority within a period of 60 days from the date of submission of all relevant
documents. In the event of a failure by Slum Rehabilitation Authority to do so, the said approval shall be
deemed to have been given, provided the Project is in accordance with the provisions in this Appendix.

2.3 For Dharavi Redevelopment Project the Slum Rehabilitation Authority while giving the approval
may lay down terms and conditions as may be necessary.

2.4 DRP (SRA) shall adopt the procedure laid down in the Maharashtra Regional and Town Planning Act,
1966 for giving building permission to any development in DRP under this Scheme.
2.5 On compliance with the terms and conditions, the building permission shall be given in accordance
with the provisions under Section 45 of the Maharashtra Regional and Town Planning Act, 1966 to the
sectoral development under DRP, first to the Rehabilitation component and thereafter to the Free Sale
component subject to the provisions in clause below.

2.6 Correlation between Rehabilitation and free sale components:- Building permission for 10 percent
of built up areas of both the rehab and free sale components may be given simultaneously and
thereafter proportionately or as may be decided by the Officer on Special Duty, Dharavi Redevelopment
Project, Slum Rehabilitation Authority.

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

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

3. REHABILITATION AND FREESALE COMPONENT.

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

3.2 Built-up area for rehabilitation component shall mean total construction area of rehabilitation
component, excluding what is set down in 35(2) of D.C. Regulations, 1991 except 10% balcony but
including areas under passages, balwadis, welfare centers, society office, religious structures, other
social infrastructure like school, dispensary, Gymnasium run by Public Authority or Charitable trusts
and also including built up area of various buildable reservations / additional amenities to be proposed
in buildable form in D.N.A.

3.3 If the rehab component is 10 sq.mt. of built-up area, then an additional 13.33 sq.mt. of built-up area
will be permitted and this area of additional 13.33 sq. m. can be utilized for disposal in the open market
and the rehab component subsidized.

3.4(a) If the FSI required for rehabilitation of existing hutment dwellers plus free sale component
exceeds FSI 4.00 of a particular plot, such excess quantum shall get absorbed while calculating overall
FSI of 4.00 on entire DRP Area.

(b) The FSI in CRZ area within DNA, shall be governed by the MOEF notifications issued from time to
time

3.5 The rehabilitation component shall mean all residential tenements as well as non-residential built up
premises given free of cost in accordance with the provisions of the DRP outlined in this Appendix
excluding what is set down in D.C. Regulation 35(2) except 10% balcony and including built up area
given for buildable Development Plan reservations and additional amenities & facilities to be provided
as per regulation no. 7.1 of this appendix.

3.6 Minimum Density on the Plot including Non-Residential Units:- The minimum density of
rehabilitation component on plot shall be 650 tenements per net hectare that is, after deducting all
reservations actually implemented on site including the land appurtenant thereto, but not deducting
the recreational / amenity open space on the remaining area. If the number of tenements to be provided
to the hutment dwellers is less than the minimum, the balance shall be handed over free of cost to the
Slum Rehabilitation Authority. The Authority shall use them for the purpose of transit or Project
affected persons or pavement dwellers or slum dwellers from other slums.

3.7 All non-residential built up areas shall be included in the computation of minimum density and on
the scale of 27.88 sq.mt. of carpet area being one tenement. The calculation of FSI for all purposes shall
be on gross area, that is, without deducting any percentage for recreational / amenity open space. This
shall not affect the requirement of physical keeping aside the said recreational / amenity open space on
site, subject to the provisions in this Appendix in that regard.

3.8 Amalgamation / Subdivision of Plots and Balancing of FSI thereon:- Any land declared as DRP Area
or on which DRP has been sanctioned, if it is spread on part or parts of C.S. Nos. or CTS Nos. or S. Nos.
shall be treated as natural amalgamation / subdivision/s of that C.S or CTS or S. No. or F.P. No. for which
no separate approval for amalgamation / subdivision of land would be necessary.

3.9 Boundaries and the measurement of plot areas of the Dharavi Redevelopment Project Area shall be
declared by the competent authority after actual measurement of plot area on site and the same shall
be adopted for planning purpose for calculation of density and floor space index.
3.10 The OSD, DRP(SRA) may if required, adjust the boundary of the plot declared as DRP Area so as to
suit the building design and provide proper access to the Project / any other plot/s located within
Sector/s.

3.11 After approval is given to the DRP, the area may be further subdivided if necessary to earmark
separate plots for the rehab component, amenity plot and the free sale component. The Plot area and
the built up area in terms of square meters on the said plot shall be separately mentioned in the lease
agreements and Record of Rights.

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

4. TEMPORARY TRANSIT CAMPS

4.1 The temporary transit camp/ transit accommodation shall be provided within Dharavi Notified Area
or nearby lands with prior approval of DRP(SRA) and if need be on the area of statutory open space to
be left in accordance with D.C. Regulation No. 23 on the plot.

4.2 On the slum site itself approved for rehabilitation, multi storied temporary transit tenement may be
allowed to be constructed.

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

4.4 Such building permission shall be given within 15 days from the date of application of the appointed
developer of a sector, by OSD, DRP(SRA) failing which it shall be deemed to be given.

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

4.6 On any vacant site without any reservation in the Development Plan construction of temporary
transit tenements with the consent of the land-owners or concerned government authority made of
light material shall be allowed upto the FSI of 4.0. Temporary shall mean made of detachable material
such as tubular / prefabricated light structurals or any other materials approved by OSD, DRP (SRA) but
such structures erected temporarily.

4.7 In all such cases where the temporary transit camp is erected, the condition shall be that the
structures shall be demolished by the Developer within 30 days after such intimation given by SRA and
as per phase programme of development as approved by Dharavi Redevelopment Project Cell and the
site should be brought back to the original state.

5. COMMERCIAL / OFFICE / SHOP / INDUSTRIAL STRUCTURES / STRUCTURES FOR POTTERS


BUSINESS ACTIVITY FREE OF COST

5.1 The eligible existing area under commercial / office / shops / industrial establishments / structures
for potters business activity shall be computed on actual measurement / inspection, and / or on the
basis of official documents such as License under Shops and Establishment Act, Trade License, Factory
License, Electricity bills, Photo pass etc.

5.2 In the rehabilitation component, the built up area for commercial / office / shop / Industrial
establishments/ potters structures/ economic activity that existed prior to 1st January, 2000, subject to
the provisions in the sub-regulation below, shall be given. Where a person has residential and
commercial premises without common wall between residential and commercial premises, for
commercial / office / shop / structures for potter’s economic activity in the slum / pavement, he shall be
held eligible for a residential unit and also for built up area for commercial / office / shop / Industrial
establishments/ structures for potter’s / economic activity, both free of cost.

5.3 (a) Commercial & Industrial Structures :- Built up area for Commercial and Industrial establishment
up to 20.90 sq.mt. (225 sq. ft.) carpet area or actual area whichever is less, shall be provided to the
eligible person free of cost as part of the rehabilitation project. Any area in excess of 20.90 sq.mt. may, if
required, be sold to the extent of area in the following manner.
Existing Carpet Carpet Area to be provided:- (in Sq. ft.)
Area in the range
With cost
of:- (in sq. ft.) At free of With
Cost as a part of
But not as part of incentive sale area
Rehab component

With 10% With 20% With 30%

reduction reduction reduction

225 to 250 225 Nil Nil Nil

251 to 1000 225 251 to 1000 Nil Nil

1001 to 1500 225 251 to 1000 1001 to 1500 Nil

1501 and 225 251 to 1000 1001 to 1500 1501 and

above above

However, only non-polluting and non-hazardous industry can be allowed to be re-accommodated under
this scheme. The rehab area in excess of 20.90 sq.mt. (225 sq. ft.) will be at construction cost to be
determined by OSD, DRP(SRA) and the said cost to be paid by the hutment dweller to the developer.

(b) Structures of Potter’s Business Activity:- Built up area Structures of Potter’s Business Activity
up to 20.90 sq.mt. (225 sq. ft.) carpet area or actual area whichever is less, shall be provided to the
eligible person free of cost as part of the rehabilitation project. Any area in excess of 20.90 sq.mt. may, if
required, be sold to the extent of area in the following manner:-
Existing Carpet Carpet Area to be provided:- (in Sq. ft.)
Area in the range
With cost
of:- (in sq. ft.) At free of With
Cost as a part of
But not as part of incentive sale area
Rehab component

With 10% With 20% With 30%

reduction reduction reduction

225 to 250 225 Nil Nil Nil

251 to 1000 225 251 to 1000 Nil Nil

1001 to 1500 225 251 to 1000 1001 to 1500 Nil

1501 and 225 251 to 1000 1001 to 1500 1501 and

above above

The rehab area in excess of 20.90 sq.mt. (225 sq. ft.) will be at construction cost to be determined by
OSD, DRP/SRA and the said cost to be paid by the hutment dweller to the developer.

5.4 Such area may be allowed on any side of the plot abutting at least 6.0 meter wide pathway and
deriving access from at least 6.0 meter wide pathway / open space. Back-to-back shopping on ground
floor shall also be allowed for the purpose of rehabilitation. After exhausting these provisions, it may be
allowed on the first floor to the extent necessary.

5.5 Non-Conforming Activities:- All activities which previously existed shall be allowed to be relocated
regardless of the nonconforming nature of the activities, except those which are hazardous and highly
polluting and except in cases where the alternative accommodation has already been allotted elsewhere
by the Municipal Corporation.
5.6 Non Residential User in Free Sale Component:- Non Residential User as permissible in R-2, C-1 and
C-2 zones as per DCR-52, 53 & 54 shall be allowed in Free Sale Components.

6. RELAXATION IN BUILDING AND OTHER REQUIREMENTS

6.1 A Residential rehab / renewal tenement shall essentially have a separate living room, kitchen,
bedroom, water closet unit, bathroom alongwith enclosed balcony merged in carpet area of the
tenement.

6.2 A living room shall be allowed with size of minimum 9.3 sq.mt. with a minimum width of 2.4 mt.

6.3 A kitchen shall be allowed with size of minimum 5.5 sq.mt. with a minimum width of 1.8 mt. with a
loft as per DCR:-1991.

6.4 A bedroom shall be allowed with a minimum size of 5.6 sq.mt. with minimum width of 2.3 mt.

6.5 A bathroom shall be allowed with minimum size of 1.5 sq.mt. with one side of minimum 1.1 mt.

6.6 A water closet shall be allowed with minimum size of 1.1 sq.mt. with one side of minimum 0.90 mt.

6.7 The minimum plinth height shall be 0.45 meter And in areas subject to flooding the plinth shall be
higher than the high flood level.

6.8 The staircases and lifts shall be provided as per provisions in DCR 1991.

6.9 The provisions in DCR 38(22) relating to balcony will apply to the scheme with the following
modifications. There shall be no restriction on zone and balcony shall not reduce marginal open space to
less than 2.0 mt. For calculating of area of 27.88 sq.mt. and 37.16 sq.mt. size of rehab tenements, the
area of the balcony shall be included.

6.10 Common Passages to be provided in the Rehab Component to give accesses to Residential
tenements and Commercial / Industrial units shall not be less than 2.0 mt. in width. If podium is
proposed, the corridors formed under the podium upto 12.00 mt. in width to be used as passage for
Rehab & Renewal Commercial / Industrial units & Amenities, shall not be counted towards FSI even
while computing 4.00 FSI on site. The areas under such common passages not exceeding 2.00 mt. in
width and upto 12.00 mt. width shall form part of Rehab Component and it is on this basis the free sale
component will be calculated.
6.11 Corridors formed under the podium upto 12.00 mt in width giving access to the sale commercial
component shall also be considered free of FSI.

6.12 Front and marginal open spaces for building having height upto 24 mt. in the rehab component or
composite building for the ground + 1 podium to be proposed to accommodate rehab commercial /
industrial units as well as sale commercial areas in composite structures, the front and marginal open
space shall be at least 3.0 mt. for these buildings.

6.13 Notwithstanding the provisions of DCR 29 Table 10 where the location of the plot abuts DP Road,
having width of 18.3 mt. and above, the front marginal open space shall be at least 3.00 meter provided
it is not an express highway or road wider than 52 mt.

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

6.15 The distance between any two rehab / composite buildings shall not be less than 12 mt.

6.16 A composite building shall contain at least 40 percent of the built up area as rehabilitation
components.

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

6.18 The pathway shall act as access wherever necessary. The building shall be permitted to touch
pathways.

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

6.20 Even if the amenity open space is reduced to make the planning of the rehab sub-plot viable, a
minimum of at least 15 percent of amenity open space shall be maintained.
6.21 Premium shall not be charged for exclusion of staircase and lift well etc. as covered under the
provisions of DCR 35(2)(c).

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

6.23 Relaxations for the free sale component:- Relaxation contained in sub- regulation No. 6.13,
6.14, 6.18, 6.19, 6.20 above, as well as other necessary relaxation shall be given to the free sale
components, on payment of 20% of the normal premium, for Dharavi Redevelopment Project. .

6.24 In order to make the Slum Rehabilitation Scheme viable, the Officer on Special Duty, Dharavi
Redevelopment Project shall be competent to make any relaxation wherever necessary for reasons to
be recorded in writing.

7. SLUMS AND DEVELOPMENT PLAN RESERVATIONS:-

7.1 Reservations in the development plan shall be developed to the fullest extent. Additional amenities
and facilities shall be provided as per the quantum shown in Annexure:- ‘A’ to this regulation. Relocation
of reservations within sector if so required to overcome the sector planning constraint shall be
permitted with the special permission of CEO/OSD(DRP) of SRA.

Area of amenities and facilities to be provided as per Annexure-A shall be inclusive of reservations in
sanctioned Development Plan. Types of reservations and area of reservations shall in no case be
reduced

7.2 Slums / Structures under renewal situated in lands falling under residential, commercial (C-1 & C-2),
industrial (I-1, I-2 & I-3) zones which are not affected by any other allocations/ designations/
reservations in the final Development Plan, & C2 may be developed subject to the following:-

(i)(a) Lands in residential (R-1 & R-2) and commercial (C-1 & C-2) zones occupied by existing slums /
structures under renewal be allowed to be developed in accordance with the provisions contained in
this Appendix.

(b) Lands in industrial zones (I-2 & I-3) / Industrial estate may be allowed to be converted into
residential users in accordance with clause (c) and onwards of sub-regulation (3) of regulation 56 &
regulation 57 of the DCR 1991 amended from time to time as the case may be. Such lands occupied by
existing slums / structures under renewal may further be allowed to be developed in accordance with
the provisions contained in this Appendix.

(ii) Lands in industrial zone (I-1) occupied by existing slums / structures under renewal shall be allowed
to be developed in accordance with the provisions contain in this sub-regulation 33(10) (A) and 33 (9)
(A) read with this appendix.

(iii) As a special case for Dharavi Redevelopment Project non residential activities to be developed as
described under clause no.5.3 and 5.6 of this Appendix & clause no. 4 & 7 of Appendix XXIV to DCR 33
(9) (A) shall be allowed to be developed without going through the process of the change of zone.

7.3 Slums / structures under renewal situated on lands reserved/ designated/ allotted for existing or
proposed non buildable reservations such as recreational ground, play ground, garden, park and any
other open users in the Final Development Plan occupied by existing slums / structures under renewal
shall be shifted within the same planning sector in which such plots belongs/ vests and sites occupied by
them shall be cleared for the implementation of DRP in which such quantum of designated / allotted for
existing or proposed non-buildable reservation shall be fully subsumed in the additional amenities &
facilities to be provided under DRP as in clause no. 7.1 above as per the specifications of DRP (SRA) or
the concerned Govt. authority and shall be handed over free of cost and charge to the DRP (SRA) or the
concerned Govt. authority. The land area under such reservation shall be allowed to be included in the
project plot area to be considered for FSI purpose.

7.4(a) Slums / structures under renewal situated on lands reserved / designated / allotted for existing or
proposed buildable Public reservations in the Final Development Plan such as Municipal / Private
primary or secondary schools, Municipal dispensary, Municipal hospitals, Maternity Home, Municipal
chowky, Fire brigade, Sewage Treatment plant, Pump House, Municipal Retail Market shall be shifted
within the same planning sector in which such plots belong / vest and sites occupied by them shall be
cleared for the implementation of DRP in which such quantum of designated / allotted for existing or
proposed buildable reservation shall be fully subsumed in the additional amenities & facilities to be
provided under DRP as in clause no. 7.1 above as per the specifications of DRP / SRA or the concerned
Govt. authority to whom this developed amenity is to be handed over. This developed buildable amenity
shall be handed over free of cost & charge to the DRP / SRA or the concerned Govt. authority. The built
up area of such amenity shall be excluded for the purpose of FSI. Thereafter the full permissible FSI of
the plot according to this appendix shall be allowed to be included in the project plot area to be
considered for FSI purpose.
7.4(b) For other buildable reservations on lands under slum which are not covered under clause no.
7.4(a) above, built up area equal to 25 percent of the area under that reservation in that plot shall be
demanded free of cost by the Slum Rehabilitation Authority for Municipal Corporation or any other
appropriate Authority. The built up area of such amenity shall be excluded for the purpose of FSI
computation. Thereafter the development for Dharavi Redevelopment Project be allowed as per the full
permissible FSI of the entire plot according to regulation 33(10)(A) read with this appendix and subject
to provisions in clause No. 7.1

7.5 Where DP road /Proposed road passes through Dharavi Redevelopment Project area, the entire
100 percent FSI of the road may be given in the same site, on the remainder of the plot.

7.6 Development of Slum Plots under DCR 33(10) (A) and Urban Renewal plots under DCR 33(9) (A) in a
planning sector may be allowed to be developed together in order to promote flexibility of design as
well as to raise more resources. The power under D.C. Regulation 11(4) for shifting and / or
interchanging the purpose of designations / reservations shall be exercised by the OSD, DRP (SRA) in
respect of Dharavi Notified Area as a Special Planning Authority.

7.7 In case of Dharavi Redevelopment Project adjoining railway tracks, a boundary wall of minimum, 2.4
meters in height shall be constructed.

7.8 Slums/structures under renewal on lands designated or reserved for purpose of public housing,
public housing / high density housing or housing for dishoused shall be treated as sites for slum
redevelopment and redevelopment to be allowed according to this regulation.

7.9 Existing slums occupying lands / structures under renewal in dangerous locations such as marshy
lands, near water bodies, lands abutting railway tracks / in railway lands, no development zones and
sites immediately required for the public and semi public projects may be relocated on other suitable
locations within the planning sectors and may be allowed to be developed in accordance with this
regulation read with this appendix.

8. WELFARE HALL, BALWADI, SOCIETY OFFICE AND RELIGIOUS STRUCTURE:-

8.1 There shall be a welfare hall in each Project as part of the rehabilitation component. It shall be at the
rate of 25.00 sq.mt. for every multiple or part of 100 hutment dwellers’ families, but located so as to
serve all the floors and buildings equitably. Further, they may be clubbed together suitably for its better
utility. In case of misuse, it shall be taken over by the DRP (SRA) which will be competent to allot the
same to some other organization / institution for public use. Balwadi shall also be provided for in a
similar scale. An office for the Co-operative Housing Society shall be also constructed in accordance
with D.C. Regulation No. 38(11). However, if the number of Rehab Tenements exceeds 100 then for
every 100 Rehab Tenements such additional society office shall be constructed. Religious structures
existing prior to redevelopment, if allowed in accordance with the guidelines issued by Government
from time to time as part of redevelopment shall not exceed the area that existed prior to
redevelopment. Social infrastructure/s like School/s, Dispensary/s, Gymnasium/s certified by the
Competent Authority as existed prior to the redevelopment shall be allowed without increase in
existing area.

8.2 All the areas underlying social infrastructure/s like School/s, Dispensary/s, Gymnasium/s certified by
the Competent Authority as existing prior to the redevelopment shall be free of cost & shall form part of
rehabilitation component and it is on this basis the free sale component will be computed.

8.3 Welfare halls, society office, balwadis and religious structure/s, ìSocial infrastructure/s like school/s,
Dispensary/s, Gymnasium/s certified by the Competent Authority as existing prior to the
redevelopment in the Rehab Component shall not be counted towards the FSI even while computing
4.00 FSI on site.

However, social infrastructure like school, dispensary, gymnasium run by other than Public Authority or
Charitable Trust shall be counted towards F.S.I.

9. PAYMENTS TO BE MADE TO SRA AND INSTALMENTS:-

9.1 An amount of Rs. 20,000 or such an amount as may be decided by the Government from time to time
per tenement / unit will have to be deposited by the developer with DRP(SRA) as a corpus fund for
utilization by the co-operative housing society of the rehab residents for the purpose of maintenance, in
accordance with the time-schedule for such payment as may be laid down by OSD, DRP(SRA). However,
by the time of completion of construction for occupation of tenements by the hutment dwellers, the
total amount at the rate of Rs.20,000 per tenement completed should have been deposited in full. The
building permission for the last 25 percent of the free sale component would be given only after the
entire required amount is deposited in full with DRP (SRA). A matching amount of Rs. 20,000/- per
rehab tenement / unit shall also be deposited by DRP and added to the said corpus fund.

9.2 An amount of Rs 840 per sq. mt. or such an amount as may be decided by Government from time to
time shall be paid by the Developer for the built up area over and above the normally permissible FSI,
for the rehabilitation and free sale components. This amount shall be paid to the Slum Rehabilitation
Authority in accordance with the time schedule for such payment as may be laid down by the Officer on
Special Duty, Dharavi Redevelopment Project of Slum Rehabilitation Authority, provided the
installments shall not exceed beyond the completion of construction. This entire amount will remain
with SRA and the same shall be used for Schemes to be prepared for the improvement of infrastructure
within Dharavi Redevelopment Project Areas.

9.3 The part of land premium to be made available to the land owning authority as per rates to be
decided by Govt. of Maharashtra shall be exclusively used for schemes to be prepared for the
improvement of infrastructural developments in the benefit of Dharavi Redevelopment Project.

____________________________________________________________

Note:-

(A) All words and expressions used in these Regulations and not defined herein shall have
meanings assigned to them under the Maharashtra Regional and Town Planning Act, 1966 or the
Maharashtra Slum Area (Improvement, Clearance & Redevelopment) Act, 1971, or the National
Building Code, or the Building Regulations and Bye-Laws or the Development Control Regulations of
the Municipal Corporation of Greater Mumbai, as amended from time to time.

(B) The provisions of the Development Control Rules for Greater Mumbai, 1991 and all other
applicable sections of the Maharashtra Regional and Town Planning Act, 1966, shall apply mutatis
mutandis to the development of land with the modification that the expressions ” Municipal
Corporation of Greater Mumbai” and “Municipal Commissioner” shall be substituted by the expressions
“Slum Rehabilitation Authority” and “Officer on Special Duty, DRP (SRA)” respectively.

(C) Nothing contained herein shall derogate from any right or power exercisable by the Municipal
Corporation of Greater Mumbai under the provisions of the Bombay Municipal Corporation Act, 1888,
and the rules, regulations and bye-laws made there under. Any development of land shall be carried out
without prejudice to such provisions.

ANNEXTURE- ‘A’

Additional amenities and facilities to be provided under DRP to be read with clause 7.1 of Appendix
IV (A) to Regulation no. 33 (10) (A)
Sr. Description of the Leg Units Additional amenities & facilities to be provided under
No. Amenity DRP.
ends

Sector Sector Sector Sector Sector Total I


to V
I III IV V
II

Buildable Amenities for

which Sale Incentive is

available

1. Primary Schools (PΔP) Sq. 9066.9 16433. 13600. 12467. 5100.1 56668.
mtr 7 89 46 09 7 58

2. Secondary Schools (SΔS) Sq. 6066.9 16433. 12650. 11517. 10000. 56668.
mtr 7 89 55 18 00 58
(with
two
college
s)

3. Dispensary & ( D, 6272.0 11368. 9408.0 8624.0 3528.0 39200


Maternity Homes MH, 0 00 0 0 0
/Polyclinics POLY) Sq.
mtr
4. Welfare Centres + ( WC, Sq. 200.00 200.00 200.00 200.00 200.00 1000.0
mtr 0
Gysm + Community GYM,
Hall
CH )

5. Library (LIB) Sq. 200.00 200.00 200.00 200.00 200.00 1000.0


mtr 0

6. Fire Station (FB) Sq. 0.00 0.00 0.00 3990.0 0.00 3990.0
mtr 0 0

7. Post Office (PO) Sq. 665.00 0.00 0.00 665.00 0.00 1330.0
mtr 0

8. Police Station (PS) Sq. 1995.0 1995.0 0.00 0.00 0.00 3990.0
mtr 0 0 0

9. Retail Market (RM) Sq. 2511.0 4551.2 3766.5 3452.6 1412.4 15694.
mtr 4 6 6 8 6 00

1 Police Chowky (PCKY) Sq. 140.00 140.00 140.00 140.00 140.00 700.00
0. mtr

1 Potters Institute Sq. 0.00 2230.0 0.00 0.00 0.00 2230.0


1. mtr 0 0
(common work space)

Total 27116. 53552. 39965. 41255. 20580. 18247


99 04 57 95 64 1.17

Total Land Area of


Buildable Amenities not
to be constructed by the
developers.
1 Best Bus Station (BBS) Ha 0.00 0.00 0.06 0.00 0.00 0.06
2.

1 Best receiving station (BRST) Ha 0.00 1.30 0.00 0.00 0.00 1.30
3.

1 Pumping station (PS) Ha 0.00 0.00 0.37 0.00 0.00 0.37


4.

1 NID & ITI ( NID & Ha 0.00 0.30 0.00 0.00 0.00 0.30
5. ITI )

Total 0.00 1.60 0.43 0.00 0.00 2.03

Total Land Area of Un-


Buildable Amenities

1 Parking Lot ( PL ) Ha 0.00 0.00 0.00 0.00 1.84 1.84


6.

1 Recreational Open (RG) Ha 1.58 0.00 1.58 1.58 1.58 6.32


7. Public Spaces (can be
mixed user/part of
layout)

1 Layout RG that (LAY& Ha 0.77 1.39 1.15 1.06 0.43 4.81


8. would be RG)

provided in sale and


rehab areas to be
multi used

1 PG attached to ( PG ) Ha 0.40 0.73 0.60 0.55 0.23 2.50


9.
Schools (mixed use/
part of layout)

2 Mahim RG (Rajiv (RG) Ha 0.00 0.00 0.00 0.00 3.20 3.2


0. Gandhi Nagar)
2 Potters Institute —– Ha 0.00 0.22 0.00 0.00 0.00 0.22
1. (common open space)

2 Land to be given to (TATA) Ha 0.00 0.40 0.00 0.00 0.00 0.40


2. TATA Power

Electric Co.

Total 2.75 2.74 3.33 3.19 7.28 19.29

N ( i) All the additional amenities and facilities to be provided within Dharavi Notified Area are
o deemed to be treated as DP Proposals.
t
e (ii) All proposed Roads having width of 12 mt. & above are deemed to be treated as DP
s Proposals.

(iii) The Slum Rehabilitation Authority may add, alter or amend category and quantum of
additional amenities and facilities to be provided within Dharavi Notified Area with the
approval of State Government.

Note:-

(A) All words and expressions used in these Regulations and not defined herein shall have
meanings assigned to them under the Maharashtra Regional and Town Planning Act, 1966 or the
Maharashtra Slum Area (Improvement, Clearance & Redevelopment) Act, 1971, or the National
Building Code, or the Building Regulations and Bye-Laws or the Development Control Regulations of
the Municipal Corporation of Greater Mumbai, as amended from time to time.

(B) The provisions of the Development Control Rules for Greater Mumbai, 1991 and all other
applicable sections of the Maharashtra Regional and Town Planning Act, 1966, shall apply mutatis
mutandis to the development of land with the modification that the expressions ” Municipal
Corporation of Greater Mumbai” and “Municipal Commissioner” shall be substituted by the expressions
“Slum Rehabilitation Authority” and “Officer on Special Duty, DRP (SRA)” respectively.
(C) Nothing contained herein shall derogate from any right or power exercisable by the Municipal
Corporation of Greater Mumbai under the provisions of the Bombay Municipal Corporation Act, 1888,
and the rules, regulations and bye-laws made there under. Any development of land shall be carried out
without prejudice to such provisions.

APPENDIX V

(Regulations 33 (11)

Regulations for sites and services and for small size tenements for the Housing Schemes under the
Urban Land (Ceiling and Regulations) Act, 1976 approved by Government from time to time.

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

2. Density:- Density upto 450 tenements per net hectare (180 tenements per net acre) shall be
permitted on 70 per cent of net developable land for plots above 4,000 sq. m. on which the sites and
services schemes is implemented according t o Government orders. For land below 4,000 sq. m. the
normal Regulations shall apply.
3. Minimum Plot size:- (a) A serviced site shall be 25 sq. m. and shall have plinth of adequate height for
W. C. and bathroom. The size of the plinth for W.C. shall be 1.2 m. x 0.9 m. (4’x3′).

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

4. Multi-purpose rooms:- A multipurpose room shall be allowed with a minimum size of 12.5 sq. m.
and with a minimum width of 2.4 mt.
5. Cooking space (Alcove):- Provision of separate kitchen shall not be necessary. However a separate
cooking space shall be allowed with a minimum size of 2.4 sq. m. with minimum width of 1.2 m.

6. Combined Toilet:- A combined toilet shall be permitted for more than one tenement upto five
tenements with a minimum area of 1.85 sq. m. with a minimum width of one meter.
7. Height:- The average height for a habitable room with sloping roof shall be 2.6 m. with a minimum
height of 2 m at the eaves. In case of a flat roof, the minimum clear height shall be 2.6 m. for a
habitable room. Kitchen shall have minimum height of 2.4 m., and bath and W. C. (without loft) shall
have a clear minimum height of 2.2 m.
8. Plinth:- The minimum plinth height shall be 30 cm. but in any case above high flood level.
9. External Walls:- 115 mm. for external brick wall without plaster shall be permitted.

10. Front open space:- The front open space from the roads having width of 9.14 m. and below shall be
of a minimum of 1.5 m.

11. Open spaces (side and rear):- The distance between two ground floor structures shall be of a
minimum of 4.5 m. for purposes of light and ventilation of habitable rooms. In the case of toilets,
deriving light and ventilation from an open space, the distance between the two ground floor
structures shall be of a minimum 1.5 m.
12. Pathways:- The width shall be as follows–

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

(ii) 3.0 m. width for pathway upto 50 m. in length.

13. Water Closet Pan Size:- The water closet pan size shall be of a minimum of 0.46m. (18 inches) in
length.
14. Flashing Cistern:- In water closets, a flushing cistern shall not be essential and toilets without this
provision may be permitted.
15. Septic Tank and Leaching Pits (soak pits):- A septic tank shall be provided with capacity of 141.6
litres (five cubic feet) per capita where municipal services are likely to be available within 4 to 5
years or so. Pour flash water seal latrines (NEERI type) shall be permitted where the municipal
sewerage system is not available and the water table in the area is not high.

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

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

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

APPENDIX VI

[Regulations 33(12)]

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

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

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

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

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

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

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

[APPENDIX VII- A]**

(Regulations 34)
Regulations for the grant of Transferable Development Rights (TDRs) to owners/developers and
conditions for grant of such Rights.

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

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

3. Development Rights (DRs) will be granted to an owner or a lessee only for reserved lands which are
retainable/non-retainable under the Urban Land (Ceiling and Regulations) Act, 1976, and in respect
of all other reserved lands to which the provisions of the aforesaid Act do not apply, and on
production of a certificate to this effect from the Competent Authority under that Act before a
Development Right is granted. In the case of non-retainable lands, the grant of Development Rights
shall be to such extent and subject to such conditions as Government may specify. Development
Rights (DRs) are available only in cases where development of a reservation has not been
implemented i.e. TDRs will be available only for prospective development of reservations.
4. Development Rights Certificates (DRCs) will be issued by the Commissioner himself. They will
state, in figures and in words, the FSI credit in square meters of the built-up area to which the
owner or lessee of the said reserved plot is entitled, the place and user zone in which the DRs are
earned and the areas in which such credit may be uitilised.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) On plots situated in ‘M’ Ward except TDR generated from ‘M’ Ward and slum TDR generated
elsewhere.

12. The user that will be permitted for utilisation of the DRCs on account of transfer of
development rights will be as under:-
Zone in which designated/reserved User to be permitted in receiving areas
plot is

situated

(1) Residential Only residential users and in Residential Zones

only.

(2) Commercial (C-2) Commercial (C-2) users if the plot where the FSI is to be utilised
is situated in C-2 Zone.

Commercial (C-1) if the plot where the FSI is to be

utilised is situated in C-1 Zone.

Residential in Residential Zones.

(3) Commercial (C-1) Commercial (C-1) if the plot where the FSI is to be

utilised is situated in C-1 Zone.

Residential in Residential Zones.

(4) Industrial (I-1), (I-2), Residential only in Residential Zones.

(1-3)

13. DRCs may be used on one or more plots of land whether vacant or already developed or by the
erection of additional storeys, or in any other manner consistent with these Regulations, but not so
as to exceed in any plot a total built-up FSI higher than that prescribed in Regulation 14 in this
Appendix.
14. The FSI of receiving plot shall be allowed to be exceeded by not more than 0.8 earned either by way
of a DR in respect of reserved plots as in this appendix or by way of land surrendered for road
widening or construction of new roads according to sub-regulation No. (1) of Regulations 33 or by
way of both provided that in case the receiving plot is situated in the areas listed in categories
specified in clause (a) to (g) of regulation 11 of Appendix VII of these Regulation, the same shall not
be allowed to be further loaded by way of TDR beyond the limit already specified in these
regulations.

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

15. DRs will be granted and DRCs issued only after the reserved land is surrendered to the
Corporation, where it is Appropriate Authority, otherwise to the State Government as the case may
be, free of cost and free of encumbrances, after the owner or lessee has levelled the land to the
surrendering ground level and after he has constructed a 1.5 m. high compound wall (or at a height
stipulated by the Commissioner) with a gate at the cost of the owner, and to the satisfaction of the
Commissioner, or the State Government (where the Corporation/ is not the appropriate authority).
The cost of any transaction involved shall be borne by the owner or lessee.
16. With an application for development permission, where an owner seeks utilisation of DRs, he shall
submit the DRC to the Commissioner who shall endorse thereon the writing in figures and words,
the quantum of the DRC proposed to be utilised, before granting development permission, and
when the development is completed, the Commissioner shall endorse on the DRC in writing, in
figures and words, the quantum of DR’s actually utilized and the balance remaining thereafter, if
any, before issue of occupation certificate.

17. A DRC shall be issued by the Commissioner himself as a certificate printed on bond paper in an
appropriate form prescribed by Commissioner. Such a certificate will be a transferable “negotiable
instrument” after due authentication by the Commissioner. The Commissioner shall maintain a
register in a form considered appropriate by him of all transactions, etc. relating to grant of
utilisation of DR’s.

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

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

20. Notwithstanding anything contained in these Regulations, additional FSI upto the extent of 50%
permissible as per the provisions under Regulation 33(2) may be allowed to be utilized in the form
of TDR (except in the Island City) in case of buildings on independent plots of Medical Institutions of
Public Charitable Trusts, Private Medical Institutions Or of Medical Institutions run on cooperative
basis established for charitable purposes and registered under the Provisions of Income Tax Act or
Maharashtra Cooperative Societies Act;

Provided that utilization of TDR will be allowed only after availing of fully the remaining additional FSI
of 50% requiring the payment of premium.

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

APPENDIX VII-B

[Regulations for the grant of TDR to the developers/Co-operative Housing

Societies/NGOs in respect of slum rehabilitation scheme vide DCR 33(10) and

DCR 33(14)-

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

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

3. The built-up area for the grant of DRC shall be equal to the FSI of the sanctioned Slum
Rehabilitation Project allowed to be taken in the form of TDR.
4. When a buildable amenity on the reserved plot for which slum rehabilitation project is sanctioned
and handed over free of cost to the Municipal Corporation, the Commissioner may grant a further
TDR due for the construction of the said amenity, and in accordance with the general policy of the
Municipal Corporation in this regard.
5. A DRC will be issued only on the satisfactory compliance with the conditions prescribed in this
Appendix as well as in Appendix IV.

6. If the holder of a DRC intends to transfer it to any other person/s he will submit it to the
Commissioner with an appropriate endorsement of the new holder’s name. Without such
endorsement by the Commissioner himself, the transfer shall not be valid, and will be available for
use only by the original holder.
7. A holder of a DRC who desires to use the FSI credit certified therein on a particular plot shall attach
to his application for development permission valid DRCs to the extent required.
8. Irrespective of the location in which they originate, DRCs shall not be used in the Island city.

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

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

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

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

(i) Coastal Regulations Zone-1 and areas in NDZ, TDZ and the areas for which the MMRDA has been
appointed as Special Planning Authority.

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

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

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

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

12. The DRC may be used on one or more plots of land whether vacant or already developed by the
erection of additional floors, or in any other manner consistent with these regulations, but not so as
to exceed the FSI prescribed below.
13. Any TDR receiving plot shall not be eligible for more than 100 per cent additional FSI in whichever
combination TDRs are received provided at least 20 percept of the FSI shall be mandatorily kept for
use of TDR generated as surplus from slum rehabilitation scheme. The source of TDR could be from
slum redevelopment, DP reservations or DP road going through TDR receiving plot.

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

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

16. The Commissioner shall maintain a register in a form considered appropriate by him of all
transactions relating grant or utilisation of DRCs arising out of slum rehab projects. From time to
time at least once in three months these transactions shall be published in the Maharashtra
Government Gazette for the information of the public, provided however the utilisation of TDR/
DRCs shall not be dependent upon any such publication.
17. Wherever TDR arising out of slum rehabilitation project is received, the relaxation as required shall
be given for such slum TDR on the same basis as for free sale component in the slum rehabilitation
project.

APPENDIX VIIA

(Regulations No. 67)

REGULATIONS FOR THE GRANT OF TRANSFERABLE DEVELOPMENT RIGHT TO OWNERS /


LESSEES OF HERITAGE BUILDINGS / HERITAGE PRECINCTS AND CONDITIONS FOR GRANT OF
SUCH RIGHTS

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

2. A DRC will be issued only on the satisfactory compliance with the conditions prescribed in this
Appendix.
3. If a holder of a DRC intends to transfer it to any other person, he will submit the DRC to the
Commissioner with an appropriate application for an endorsement of the new holder’s name, i.e.
transferee on the said Certificate. Without such an endorsement by the Commissioner himself, the
transfer shall not be valid and the Certificate will be available for use only by the earlier original
holder.
4. A holder of a DRC who desires to use the FSI credit certified therein on a particular plot of land shall
be attach to his application for development permission valid DRC’s to the extent required.
5. DRCs may used – On any plot in the same ward as that in which they have originated or in any ward
in the suburbs except as specified in clause (6) below.

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

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

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

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

(d) Any heritage building;

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

7. The user that will be permitted for utilisation of the DRCs on account of transfer of development
rights will be as under:
Zone in which designated / reserved plot User to be permitted in receiving areas
is situated

1. Residential Only residential users and in Residential Zones only.

2. Commercial (C-2) Commercial (C-2) users if the plot where the FSI is to be
utilised is situated in C-2 Zone

Commercial (C-1) if the plot where the FSI is to be utilised


is situated in C-1 Zone.

Residential only in Residential Zones

3. Commercial (C-1) Commercial (C-1) if the plot where the FSI is to be utilised
is situated in C-1 Zone.

Residential in Residential Zones.

4. Industrial (I-1), (I-2),(I-3) Residential only in Residential Zones.

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

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

10. With an application for development permission, where an owner / lessee seeks utilisation of DRs,
he shall submit the DRC to the Commissioner who shall endorse thereon in writing in figures and
words, the quantum of the DRC proposed to be utilized, before granting development permission,
and when the development is complete, the Commissioner shall endorse on the DRC in writing, in
figures and words, the quantum of DRs actually utilised and the balance remaining thereafter, if any,
before issue of Occupation Certificate.
11. A DRC shall be issued by the Commissioner himself as a certificate printed on bond paper in an
appropriate form prescribed by Commissioner. Such a certificate will be a transferable “negotiable
instrument” after due authentication by the Commissioner. The Commissioner shall maintain a
register in a form considered appropriate by him of all transactions, etc relating to grant of
utilisation of DRC.

APPENDIX VIII

(Regulations 43)

Additional Fire protection Requirements for multi-storeyed High Rise and special Building

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

(1) Building materials:-

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

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

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

(3) Internal walls and partitions separating corridors from areas on floors that are used for any purpose
other than circulation shall have a fire resistance of not less than one hour. There shall be no openings in
such walls other than for doors or delivery hatches with fire resistance not less than half an hour. Fire
sections (fire walls) sub-dividing the building to prevent fire spread, shall have a fire resistance, rating
not less than two hours.
(4) Facades excluding windows and doors shall consist of non- combustible building materials. The
minimum distance between the top of the opening on a lower floor and the sill of that on the floor above
it shall be 0.9 m., so that the fire would have to travel at least 0.9 m. between storeys.

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

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

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

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

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

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

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

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

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

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

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

5. External windows.- The area of the openable external windows on a floor shall be not less than 2-
1/
2 per cent of the floor area. The locks for these windows shall be fitted with budget lock of the
carriage key type (which can be opened with the point of a fireman’s axe).
6. Fire lifts.- The following provisions shall be made for a fire lift:-

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

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

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

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

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

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

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

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

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

(4) Mechanical extractors for smoke-venting system from lower basement levels shall also be provided.
The system shall be of such design as to operate on actuation of heat sensitive detectors or sprinklers if
installed and shall have a considerably higher performance than the standard units. The system should
also have an arrangement to start it manually and shall be designed to function at a temperature not less
than 5500C.

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

8. Floor space division (fire sections):- If the undivided floor space on a floor exceeds 750sq.m. it shall
be separated into compartments each not exceeding 750 sq.m. by means of fire walls of not less
than two hours fire resistance. In extended buildings, fire walls should be erected at distance
exceeding 40 m. For floors with sprinklers, the area mentioned above may be increased by 50 per
cent.
9. Service ducts.- (1) Service ducts shall be enclosed by walls having a fire resistance of not less than
two hours. Doors for inspection or access shall also have a fire resistance of not less than two hours.

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

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

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

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

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

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

11. Building services.-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Air-conditioning.-(a) Escape routes like staircases, common corridors, lift lobbies etc. shall not be
used as return air passages.
(b) The ducting shall be constructed of substantial gauge metal in accordance with IS-655-1963 Metal
Air Ducts (Revised).

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

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

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

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

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

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

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

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

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

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

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

(l) The air handling unit room shall not be used for storage of any combustible materials.
(m) Inspection panels should be provided in main trunking to facilitate the cleaning of the duct of
accumulated dust and to obtain access for maintenance of fire dampers.

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

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

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

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

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

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

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

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

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

12. Provision of First Aid and Fire-fighting Appliances:- (1) First-aid firefighting equipment shall be
provided on all floors including basements, lift rooms, etc. in accordance with IS : 2217-1963
Recommendations for providing First-Aid Fire Fighting Arrangements in Public Buildings.
(2) The fire fighting appliances shall be distributed over the building in accordance with IS :2190-1971
Code of Practice for Selection, Installation and Maintenance of Portable First-Aid Fire Appliances.

13. Fixed Fire-Fighting Installations:- (1) Buildings shall be protected by wet riser, wet riser-cum-down
corner, automatic sprinkler, installation, high pressure water spray or foam generating system as
prescribed in sub-Regulations (2) to (7) below:-

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

Table 24

Fire fighting installation requirements


Requirements

Water Supply Pump Capacity

Serial Type of the Type of Undergroun Terrace Near the Terrace


No. building Installation d Static Tank undergroun Level
Occupancy Tank d

(2) Static Tank


(1) (3) (5) (7)
(4) (6)

1. Residential Nil Nil Nil Nil Nil

Buildings below
24

m. in height

2. Residential

buildings-

(a) Above 24 m. Wet riser- 50,000 20,000 1,400 liters 900 liters
and not cum- down liters liters per minute per minute
exceeding 35 m. comer. giving a giving a
with shopping pressure pressure
area upto not less not less
250sq.m. and than 3.2 than 2.1
restricting the kg/cm2 at kg/cm2 at
shopping area to the topmost the topmost
the ground floor hydrant. hydrant.
only.
(b) Above 24 m. Wet riser- 1,00,000 20,000 2400 liters 900 liters
and not cum- down liters liters per minute per minute
exceeding 35 m. comer. giving a giving a
with shopping pressure pressure
area exceeding not less not less
250sq.m. than 3.2 than 2.1
kg/cm2 at kg/cm2 at
the topmost the topmost
hydrant. hydrant.

(c) Exceeding Wet riser- 50,000 20,000 1400 liters 450 liters
24m, but not cum- down liters liters per minute per minute
exceeding 45m. comer. giving a giving a
pressure pressure
not less not less
than 3.2 than 2.1
kg/cm2 at kg/cm2 at
the topmost the topmost
hydrant. hydrant.

3. Nonresidential
/special type
buildings-

(a) Upto 15 m. in Nil 50,000 Nil Nil Nil


height. liters

(b) Above 15 m. Wet riser- 50,000 10,000 1350 liters 450 liters
but not exceeding cum- down liters liters per minute per minute
24 m in height comer. giving a giving a
except pressure pressure
educational not less not less
buildings. than 3.2 than 2.1
kg/cm2 at kg/cm2 at
the topmost the top
hydrant. hydrant.

(c) Above 15 m. Wet riser- Nil 10,000 Nil Nil


but not exceeding cum- down liters
24 m in height comer.
except
educational
buildings.

(d) Above 24 m. Wet riser- 75,000 20,000 2400 liters 450 liters
but not exceeding cum- down liters Litres per minute per minute
comer. giving a giving a
45 m. pressure pressure
not less not less
than 3.2 than 2.1
kg/cm2 . kg/cm2 at
the topmost
hydrant.

Note 1:- Any of the above categories may incorporate an automatic sprinkle / a drencher system, if the
risk is such that it requires such protective methods.

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

Note 3:- Wet riser-cum-down corner is an arrangement for firefighting within the building by means of
vertical rising mains of not less than 10 cm. Internal dia., with hydrant and hose reel on each floor
landing connected to an overhead water/storage tank for firefighting purpose through a booster pump,
check valve and a non-return valve near the tank end and a fire pump, gate and non-return valve over
the underground static tank. A fire service inlet at ground level filled with a non-return valve shall also
be provided to the rising main for charging it by a fire service pump in case of failure of static fire pumps
over the underground static tanks. (Fig 2)
Note 4:- The performance of pumps specified above shall be at R.P.M. not exceeding 2,000.

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

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

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

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

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

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

(i) Static Water Storage Tank:- A satisfactory supply of water for the purpose of fire fighting shall always
be available in the form of an underground static storage tank with capacity specified for each building
with arrangements of replenishment by main or alternative source of supply at 1,000 liters per minute.
The static storage water supply should easily be accessible to fire engines. Provision of suitable number
of manholes shall be made available for immersion, repairs and inspection of suction hose etc. The
covering slab shall be able to withstand a vehicular load of 18 tonnes. The domestic suction tank
connected to the static water storage tank shall have an overflow capable of discharging 2250 litres per
minute to a visible drain point from which by a separate conduit the overflow shall be conveyed to a
storm water drain.
(ii) To prevent stagnation of water in the static water storage tank, the suction tank of the domestic
water supply shall be fed only through an overflow arrangement to maintain the level therein at the
minimum specified capacity (See Fig. 1)

(iii) The static water storage tank shall be provided with a fire brigade collecting breaching with four 63
mm. Dia. (two of 63 mm. dia. for pump with capacity 1,400 liters/minute) instantaneous male inlets
arranged in a valve box at a suitable point at street level and connected to the static tank by a suitable
fixed pipe of not less than 15 cm dia. to discharge water into the tank when required at a rate of 2250
litres per minute.

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

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

(a) in basements used as car parks except in apartment

buildings and residential hotels if the area exceeds 500sq.m.

(b) in basements of multi-storeyed and high-rise buildings

used as car parks and for permissible essential services

ancillary to a particular occupancy.

(c) In any rooms or other compartment of a building

exceeding 500 sq.m.

(d) In department stores or shops in an area exceeding total

of 750 sq.m.

(e) In all non-domestic floors of mixed occupancy considered

to constitute a hazard and not provided with staircase

independent of the remainder of a building;


(f) In godowns and warehouses as considered necessary;

(g) In dressing rooms, scenery decks, stages, and stage

basements of theatres.

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

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

(6) Carbon-dioxide (CO2) Fire Extinguishing System:- Fixed CO2 fire extinguishing installation shall be

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

14 . Fire Alarm System:- All buildings mentioned below shall be equipped with fire alarm systems as
given below :-

(i) Special buildings above 15 m. in height and Business and Industrial buildings above 24 m. in height.-
(a) Such buildings shall be equipped with a manually-operated electrical fire alarm system with one or
more call boxes located at each floor. The call boxes shall be so located that one or other of them shall be
accessible to all occupants of the floor without having to travel more than 22.5 m.

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

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

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

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

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

15. Lightning Protection of Buildings:- The lightning protection systems for buildings shall be in
accordance with the provisions of Part III, National Building Code of India.

16. Control Room:- For all buildings mentioned in Regulations 14 in this Appendix except residential
buildings, there shall be a control room on the entrance floor of the building with communication
system (suitable public address system) to all floor planers along with the details of firefighting
equipment and installations shall be maintained in the control room. The control room shall also
have facilities to detect a fire on any floor through indicator boards connecting fire detecting and
alarm systems on all floors. The staff in-charge of the control room shall be responsible for the
maintenance of the various services and firefighting equipment and installations. Control room
shall be manned round the clock.
17. Fire drills and fire orders:- Fire notices/orders shall be prepared indicating the requirements of fire
fighting and evacuation of the building in the event of fire or other emergency. Occupants shall be
thoroughly familiarised with their contents and action needed in the event of an emergency. Such
notices should be displayed prominently.
18. With the approval of Government, the Commissioner, in consultation with the Chief Fire Officer,
may, from time to time, add to, alter or amend the provisions in this Appendix.
19. (i) Manner of providing refuge area:-

(a) The refuge area shall be so located that it shall preferably face the

access road/s or otherwise face the wider open space on the side of the
building perpendicular to the main access road.

(b) The cantilevered Refuge area on cantilever will be permissible at the

mid-landing of the staircase only. All other refuge areas shall be within the

building line only.

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

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

(e) R.C.C. covering shall be provided above the topmost cantilever refuge

area.

(f) The refuge area shall have a door which shall be painted or fixed with a

sign in luminous paint mentioning ‘REFUGE AREA’

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

(h) The refuge area provided within building line shall be accessible from

common passage/ staircase.

` (ii) Use of refuge area:-

(a) The refuge area shall be earmarked exclusively for the use of

occupants as temporary shelter and for the use of Fire Brigade

Department or any other organization dealing with fire or other

emergencies when occur in the building and also for exercises/drills if

conducted by the Fire Brigade Department.


(b) The refuge areas shall not be allowed to be used for any other purpose

and it shall be the responsibility of the owner/occupier to maintain the

same clean and free of encumbrances and encroachments at all times.

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

(a) Adequate emergency lighting facility shall be provided.

(iv) Terrace floor as a refuge floor:-

(a) The necessary facilities such as emergency lighting, drinking water etc

Shall be provided.

(b) The access door/s from the enclosed staircase/s to the terrace floor

Shall have louvers at top half portion of the door. The entrance doors to

the terrace shall be painted or fixed with sign painted in luminous paint

mentioning “REFUGE AREA”

APPENDIX IX

(Regulations 12)

Regulations relating to Development in large Holdings in the Residential Zone.

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

(1) A platform or podium may be built at floor 1 or 2 level but not over 7.5 m. from the level of the
approach road to join residential building towers (subject to the lightning and ventilation requirements
being fulfilled) and to cross over public roads adjoining this development, with the clearance of the Chief
Fire officer.
(2) The recreational open space prescribed in these Regulations may be provided either at ground level
or as an open to sky podium to be developed as lawn/garden.

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

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

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

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

APPENDIX X

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

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

To,

The …………….

Municipal Corporation of Greater Mumbai,

Mumbai.
Sir,

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

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

(1) Key Plan (Location Plan)

(2) Site Plan

(3) Sub-division/layout plan

(4) Building Plan

(5) Particulars of development in the form in Annexure-I

(6) Ownership Title

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

(8) Clearance certificate of municipal tax arrears.

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

(10) Appointment letter in favour of licensed technical personnel or

architect.

(11) Supervision memorandum of licensed technical personnel or


architect.

(12) Property register card, and city survey plan for plot in original signed

by the Competent City Survey Authority, owners’ affidavit regarding area

of the plot and Architect’s certificate for plot area along with area

calculations by triangulation method.

Please approve the proposed development/construction and permit me to execute the work.

Yours faithfully,

Date:……………… Signature of Owner …………………………..

Name of Owner ……………………………….

(in block letters) ………………………………..

Address of Owner …………………………….

ANNEXURE 1

(Part of Appendix X-Item 5)

Particulars of Development

1.(a)(i) Applicant’s Full Name ………………………………………………………….

(in block letters) ………………………………………………………………………….

(ii) Applicant’s address ………………………………………………………………….

……………………………………………………………………………………………..
(b) Name and address of Licensed Surveyor/Engineer/Structural Engineer or Supervisor /Architect
employed………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………
…………………………..

(c) No. and date of issue of license ………….. valid upto …………….

2. Is the plot affected by any reservation or road lines? If so, are these correctly and clearly marked on
the block plan?

3*(a) What is the total area of the plot according to the document ?

*(b) Does it tally with the Collector’s record ?

*(c) What is the actual area available on site measured by the licensed
surveyor/architect/engineer/structural engineer/supervisor or architect?

*(d) If there is any deduction in the original area of the plot on account of road lines or reservation?
Please state the total area of such deductions.

*(e) If so, what is the net area ?

*(f) Is the clearance under Urban Land (Ceiling and Regulations) Act, 1976 obtained ? – If so, what is the
area allowed for development ?

*Permission will be based on the minimum of areas in (a),(c) or (f) above.

NOTE:- INDICATE DETAILS ON THE SITE/BUILDING PLAN AS IN FORM 1.

4. Are all plans as required under Regulations 5(3) enclosed?

5.(a) Is the plot part of a city triangulation survey number, revenue survey number or hissa number or a
final plot number (city survey number) of a Town Planning Schemes or a part of an approved layout ?

(b) Please state sanction number and date of sub-division/layout.

6.(a) In what zone does the plot fall ?


(b) What is the permissible Floor Space Index of the Zone ?

(c) What is the number of tenements per net hectare permissible in the zone?

7.(a) Is the use of every room in the proposed work marked on the plans?

(b) Is it in accordance with the Regulations?

(c) Does the building fall in the category of-

(i) Special building as defined in Regulations 2(3)(11)(m) ?

(ii) Multi-storeyed building or high rise building as defined in Regulation

2(3)(11)(i)?

8. If the work is in connection with an industry-

(a) Please briefly describe the main and accessory processes.

(b) Please state the maximum number of workmen and the total KW likely to be employed per shift in
the factory.

(c) Under what industrial classification does it fall ? (Reference to relevant Regulation should be given).

(d) Is the proposal for relocation of an existing industry ? If so, give the name and address of the existing
industry.

NOTE:- The permission will be based on the area which is minimum.

(e) If the proposal is for the establishment of a new industry or for the expansion of an existing industry,
is a copy of the “No Objection Certificate” from the Department of Industries enclosed [see Regulations
No. 16 (m)] wherever applicable ?

(f) Will the building be away from the boundary of a residential or commercial zone or as per Table 10 (c)
in Regulations 29 (5) ?
(g) Is the proposal for a service industrial estate on a plot reserved for service industries or in a general
or special industrial zone ?

(h) Nature and quantum of industrial waste/effluents and methods of disposal be stated.

9.(a) What is the average-

(i) prescribed width ? and

(ii) existing width of the street?

(If the plot abuts two or more streets, information for all streets should be given).

(b) What is the height of the building-

(i) above the centre of the street ?

(ii) above the average ground level of the plot ?

Does it comply with Regulations 31 ?

10.(a) If there are existing structures on the plot-

(i) Are they correctly marked and numbered on the site plan ?

(ii) Are those proposed to be demolished immediately coloured yellow ?

(iii) What is the plinth area and total floor area of all existing structures to be

retained ?

(Please indicate in the appended Statement ‘A’ with details)

(iv) What is the number of existing tenements in the structure(s) to be retained ?

(b) What is the plinth area and total floor area of the proposed work or building ?
(Please indicate in appended statement ‘B’ with details)

(c) What is the number of tenements proposed ?

NOTE:- INDICATE DETAILS OF THE BUILDING PLAN AS IN FORM 1.

11.(a) Please state the plinth area and total floor area, existing and proposed (i.e. totals

of items 10(a) (iii) and 10(b).

(b) Please state the Development Rights, if any, proposed to be used and the floor space index credit
available there under.

(c) Please state the overall floor space index [Item 11(a) divided by Item 3(e)] plus the floor space index
available due to Development Rights.

(d) Does the work consume the full floor space index of the plot, as given in item 6(b) ?- If not, why not ?

(e) Is the building proposed with setbacks on upper floors ?

(f) What is the total number of tenements [ Item 10(a) (iv) plus Item 10(c)] ?

NOTE:-INDICATE DETAILS ON THE BUILDING PLAN AS IN FORM 1.

12. (a) What is the width of the front open space ?- If the building abuts two or more streets, does the
front open space comply with Regulations 28 (a) ?

(b) Please state which of the sub-Regulations of Regulations 29 and/or any other Regulations is
applicable for the open space ?

Does the front open space comply with the Regulations ?

13. What is the distance from the centre line of the street ?

Does it comply with Table 10 (B) to Regulations 29 (5) ?

14. (a) What is-


(i) the width of side open space (s) ?

(ii) the width of rear open space (s) ?

(iii) the distance between buildings ?

(b) Do they comply with Regulations 29(1)(a) ?

Regulations 29(1)(b) ?

Regulations 29 (6)?

(c) Are there two or more wings to the buildings?

If so, are the open spaces separate or distinct for each wing as required by Regulations 28(b)?

15. If the plot is narrow, which clause under Regulations 29(7)(a) or Regulations 29(7)(b), do you
propose to take advantage of (whatever applicable)?

16.(a) What are the dimensions of the inner or outer chowk?

(b)(i) Does any room depend for its light and ventilation on the chowk? If so, are the dimensions as
required for each wing of the buildings?

(ii) If not, is the area at least equal to square of one-fifth of the height as per Regulations 29(9)?

17. If the height of the building is greater than 16 m. above the average ground level, is provision for lift
(s) made?

If so, give the following details of the lift(s) :-

Details of lift-

Type Passenger Capacity No. of lifts Types of doors

(b) Details of fire lift.


—do—

18. (a) Does the building fall under the purview of clause (i) or (m) of sub-Regulations (2), Regulations 3?

(b) If so, do the proposed fire protection requirements conform to those in Appendix VIII?

(c) If not, give reasons.

19.(a)(i) What is the requirement of parking spaces under Regulation 36(2) and (3)?

(ii) How many are proposed?

(iii) How many lock-up garages are proposed?

(b)(i) Are parking spaces for transport vehicles provided (Regulations 36(4))?

(ii) If so, what is the requirement?

(iii) How many are proposed?

NOTE :- INDICATE DETAILS ON BUILDING PLAN AS IN FORM 1.

20.(a)(i) What are the maximum widths of balconies?

(ii) Will they reduce the required open space to less than the provisions of the Regulation?

(iii) Do they serve as a passage to any part of the building?

(iv)What is their total area?

(v) What is the maximum width of weather-frames, sun-shades (chajja), sun breakers, cornices, eaves, or
other projections?

(c)(i) Are any porches/canopies proposed?


(ii)Do they comply with requirements of Regulations 30?

21. (a) What is the width of the means of access?

(b) What is its clear height?

(c) Will it be paved, drained and kept free of encroachment?

22. Is the recreational or amenity open space provided as required under Regulations 23(1), 23(2)?

23. (a) Are any accessory buildings proposed? If so, for what purpose?

(b)What are their heights?

(c) Are they 7.5 meters away from the street or front plot boundary and if located within the open
spaces, 1.5 meters from any other boundary?

(d) Is their area calculated in floor space Index?

24. (a) What is the proposed height of the compound wall? Is it at a junction?

(b) Does it comply with Regulations 38(27)?

25. (a)(i) Is the proposal in the airport zone?

(b)(ii) Is a “No Objection Certificate” for height and character of smoke from chimneys obtained from
Civil Aviation Authorities (Attach copy).

(c) Does the proposal fall in the category of tower-like structure vide Regulation 2(2)(93) and 29(1)(e)? If
so, does it comply with the requirement thereof?

26. Indicate provision for common conventional antenna for receipt of television transmission in
residential building with more than ten tenements (Regulations 30)

27. Does the proposal fall in any of the areas/zones such as those of the Mumbai Metropolitan Region
Development Authority/ Maharashtra Housing and Area Development
Authority/Railway/Highway/Slum Authorities/Power Transmission line/Coastal Area/No
Development Zone/Tourism Development Zone/Communication Authorities etc.?
28. (a) Does any natural watercourse pass through the land under development?
(b) Is the necessary set back provided according to Regulations 16(b)?

29. (a) Is the plinth level proposed to be above the level of the surrounding ground level?

(b) Will the proposed plinth level be above 27.55 metres Town Hall Datum?

(c) Is the plot proposed to be filled upto the level of the abutting road or Reduced Level (R.L.) 27.55
metres Town Hall Datum, whichever is more?

30. The details of the materials to be used in construction with specifications are as follows:

Roofs————————————————————————————————

Floors———————————————————————————————–

Walls————————————————————————————————

Columns———————————————————————————————

Beams————————————————————————————————

Any other Material———————————————————————————

31. The number of water closets, urinals, kitchens, baths to be provided are as follows:-

Water closets Baths Urinals Kitchen

Existing

Proposed

32. Details of the source of water to be used in the construction.


33. Distance from the sewer.
34. How much municipal land, if any, will be used for stacking building material?

35. Please explain, in detail, in what respect the proposal does not comply with these Regulations and
the reasons therefore, attaching separate sheets for this information, if necessary.
I am the owner-lessee/mortgagee in possession/———————————– of the plot on which the work is
proposed and that the statements made in this Form are true and correct.

Date:-

Address:- Signature of the applicant.

Form of certificate be signed by the Licensed Surveyor/Engineer/Structural Engineer/Supervisor or


Architect employed by the Applicant.

I, (Name) ————————————————————————– have been employed by the applicant as his


Licensed Surveyor/Engineer/Structural Engineer/Supervisor or Architect. I have carefully pursued his
covenant or conveyance in respect of this plot and have examined the boundaries and the area of the
plot and I certify that I have personally verified all the statements made by the applicant who is the
owner/lessee/mortgagee in possession of the plot as in the above Form and the attached Statements A
and B and found them to be correct.

Date:-

Address:- Signature of Licensed Surveyor/Architect

Engineer/Structural Engineer/Supervisor

NOTE:- INDICATE IN BUILDING PLAN AS IN FORM II.

STATEMENT ‘A’

(Serial No. 10(a)(iii) in ANNEXURE “A”)

Existing Building to be retained


Existing Floor No. Plinth Area Total floor area of the Use or Occupancy
Existing Building
Building No. (2) (3) of floors
(4)
(1) (5)

STATEMENT ‘B’

[Sr. No. 10(b) in ANNEXURE “A”]

Proposed Work/Buildings

Building No. Floor No. Area Total Floor Area of Use or Occupancy of
proposed work Floors

FORM I

(Sr. No. 2,9,10,11,19 in ANNEXURE “A”)

(At right top corner of site/building plan at Ground Floor Level)


(A) Area Statement Square meter

1. Area of plot

2. Deductions for ………………………………

(a) Road set-back area

(b) Proposed road ..

(c) Any reservation ..

Total (a+b+c)…….

3. Balance area of plot (1 minus 2)

4. Deduction for recreational ground (if deductible)

5. Net area of plot (3 minus 4)

6. Additions for floor space index

2(a) 100 %

2(b) 100 %

7. Total Areas (5 plus 6)

8. Floor Space Index permissible

9. Floor Space Index credit available by Development Rights


(Restricted to 40 % of the balance area vide item 3 above).

10. Permissible Floor Area (7 plus 8) plus 9 above.

11. Existing floor area

12. Proposed area ..

13. Excess balcony area taken in floor space index (as per B(iii)
below).
14. Total built-up area proposed (11+12+13) ———————–

———————–

(B) Balcony Area Statement

(i) Permissible balcony area per floor

(ii) Proposed balcony area per floor

(iii) Excess balcony area per floor

(iv) Total excess balcony area for all floor

(C) Tenement Statement

(i) Proposed area (Item A, 12 above)

(ii) Less deduction of Non-residential area (Shop etc.)

(iii) Area available for tenements [(i) minus (ii).]

(iv) Tenements permissible

(Density of tenements/hectare)

(v) Tenements proposed

(vi) Tenements existing

Total Tenements on the Plot ———————

———————

(D) Parking Statement

(i) Parking required by Regulations for.-

Car

Scooter/Motor cycle
Outsiders (visitors)

(ii) Covered garage permissible

(iii) Covered garages proposed

Car

Scooter/Motor cycle

Outsider (Visitors)

(iv) Total parking provided ……. ——————————

—————————–

(E) Transport Vehicles Parking

(i) Spaces for transport vehicles parking required by Regulations:

(ii) Total No. of transport vehicles parking spaces provided:-

FORM II

(At right bottom corner of plans/below Form I)

Contents of sheet

Stamp of date of receipt of plans

Stamp of approval of plans

Revision Description Date Signature


Certificate of Area

Certified that I have surveyed the plot under reference on ………..and that the dimensions of the sides,
etc. of the plot stated on the plan are as measured on site and the area so worked out is *……………….
square metres and tallies with the area stated in the document of ownership/Town Planning Scheme
records.

Signature of Licensed Surveyor/Architect/Engineer/

Structural Engineer/Supervisor or Architect

Description of proposal and property

Name of owner

Job No. Drg No. Scale Checked by Drawn by

North Line

Signature,

Name (in block letters) and

Address of Licensed Surveyor/Engineer/

Structural Engineer/Supervisor or Architect.

*Area to be stated in figures and also in words.

****************************************************************************************************
APPENDIX XI

[Regulations 5 (3) (ix)]

Form for Supervision

To,

The …………………………………………

Municipal Corporation of Greater Mumbai,

Mumbai.

Sir,

The development/erection/re-erection/demolition or material alteration of the building ………………………


on Plot No./C.S.No./C.T.S.No. …………………. Of Division/village/Town Planning Scheme No.
………………………. situated at Road/Street………………………ward…………………………will be carried out under
my supervision. All the materials (type and grade) and the workmanship of the work will generally tally
with the general specifications submitted alongwith the plans and the work will be carried out according
to the sanctioned plans. I shall be responsible for the execution of the work in all respects.

Yours faithfully,

Signature of Licensed/ Surveyor/Engineer/

Structural Engineer/supervisor of Architect.

Name:-……………………………………….

(in block letters)

Licence No:- …………………………………


Address:- …………………………………….

Date:- …………………………………………

APPENDIX XII

(Regulations No. 5 (4) (ii))

Qualification Competence, Duties and Responsibilities etc. of Licensed Technical Personnel or


Architect for preparation of schemes for Development Permission and supervision.

C-1. General:-

C-1-1. The qualifications of technical personnel and their competence to carry out different jobs for
development permission and supervision for the purpose of licensing shall be given in Regulations C-2
to C-6. The procedure for licensing technical personnel is given in Regulations C-6.

C-2. Architect:-

C-2.2. Competence of Architect.- To carry out work related to development permission as given below
and to submit,-

(a) All plans and information connected with development permission;

(b) Structural details and calculations for buildings on Plot upto 500 sq.m.

and upto 3 storeys or 11 m. height; and

(c) Certificate of supervision and completion for all buildings.

C-3. Engineer:-

C-3.1. Qualifications.- Corporate memberships (Civil) of the Institution of Engineers or a Degree or


Diploma in civil or Structural Engineering which makes him eligible for such membership.
C-3.2. Competence.- To carry out work related to development permission as given below and to
submit,.-

(a) All plans and related information connected with development

permission;

(b) Structural details and calculations of buildings on plot upto 500 sq.m.

and 5 storeys or 16 m. height;. and

(c) Certificate of supervision and completion for all buildings.

C-4. Supervisor:-

C-4.1. Qualifications.-

(a) For Supervisor I:-

(i) Three years` architectural assistantship or intermediate in architecture

with two years experience; or

(ii) Diploma in Civil engineering with two years’ experience.

(b) For Supervisor II:-

(i) Draftsman in civil Engineering from I.T.I. with five years’ experience

under architect/engineer.

C-4.2. Competence.-

(a) For Supervisor I,- To submit,-

(i) All plans and related information connected with development


permission on plots upto 200 sq.m. and upto two stroreys; and

(ii) Certificate of supervision of buildings on plots upto 200 sq.m. and upto

Two storeys and completion thereof.

(b) For Supervision II,- To submit,-

(i) All plans and related information upto 50 sq.m. built-up area and upto

two storeys; and

(ii) certificate of supervision for limits at (i) above and completion thereof.

C-5.1. Structural Engineer:-

C-5.1. Qualifications.- Three years’ experience in structural engineering practice with designing and
field work, and

(a) A Degree in Civil Engineering of a recognised Indian or Foreign

University and Chartered Engineer or Associate Memberships in the Civil

Engineering Division of the Institution of Engineers (India) or equivalent

overseas Institution; or

(b) Associate Membership in Civil Engineering Division of the Institution of

Engineers (India) or equivalent overseas institution possessing

exceptional merit. Three years` experience will be reduced to two years

for those with a post-graduate degree of a recognised Indian/Foreign

University in the branch of Structural Engineering and to one year for


those with a Doctorate in structural Engineering.

C-5.2. Competence,- To submit the structural details and calculations for all buildings and supervision.

C-5.2.1. Complicated buildings and sophisticated structures, as decided by the Commissioner which are
within the horizontal areas and vertical limits under C-2- 1(b),C-3-2-(b) andC-4-2-(a)-(i) shall be
designed only by structural engineers.

C-6. Licensing:-

C-6.1. Technical personnel to be licensed.- The qualified technical personnel or group referred to in
Regulations C-3, C-4 and C-5 shall be licensed with the Municipal Corporation and the licence shall be
valid for one calendar year ending 31st December after which it shall be renewed annually.

C-6.2. Fees for Lilcensing,- The annual licensing fees shall be as follows:-

For Engineers and Structural Engineers .. Rs. 250 per annum.

For Supervisors S-I .. Rs. 100 per annum.

For Supervisors S-II .. Rs. 50 per annum.

C-6.3. Duties and Responsibilities of Licensed Technical Personnel or Architect ,-

(1) It will be incumbent on every licensed technical person or architect in

all matters in which he may be professionally consulted or engaged to

assist and co-operate with the Commissioner and other Municipal Officers

in carrying out and enforcing the provisions of the Mumbai Municipal

Corporation Act and Maharashtra Regional and Town Planning Act and of

any Regulations or rules for the time being in force under the Acts.

(2) Every licensed technical person or architect shall in every case in


which he may be professionally consulted or engaged be responsible so

far as his professional connection with such case extends, for due

compliance with the provisions of Chapters IX, X XI and XII of the Mumbai

Municipal Corporation Act, the Maharashtra Regional and Town Planning

Act and of any rules or Regulations for the time being in force under the

said Acts, or such of them as may respectively be applicable to the

circumstances of the particular case and in particular it will be

obligatory on him to satisfy himself that a qualified and competent site

supervisor with qualifications prescribed by the Commissioner is

constantly employed and present on the work to supervise the execution

of all work and to prevent the use of any defective material therein and the

improper execution of any such work.

(3) In every case in which a licensed technical person or architect is

professionally concerned with any building or work upon any premises, in

respect of which a right to require a set-back has accrued or is about to

accrue to the Commissioner under the provisions of sections 291,297 to

ascertain whether “the regular line of the street” has been prescribed

under sections 291, 297 and whether any portion of the said premises is

required for the street and no licensed 298 and 299 of the BMC Act, or
any of them, it will be incumbent on such licensed technical person,or

Architect must, on any account or under any pretence, be a party to any

evasion or attempted evasion of the set-back (if any) that may be required.

(4) In every case in which a licensed technical person or architect is

professionally concerned with any building or work upon any premises

designed or intended to be used or any purpose for which the written

permission or licence of the Commissioner is prescribed by the said Act as

necessary condition to the establishment or use of such premises for such

purpose, it shall be incumbent on such licensed technical person or

Architect ,so far as his professional connection with such case extends, to

see that all conditions prescribed by the said Act, or by any rules or

Regulations for the time being in force there under, are duly fulfilled or

provided for.

(5) A licensed technical person or architect shall not carry out any work in

connection with any building or other erection on a plot of land leased or

agreed to be leased by the Municipal Corporation in contravention of any

condition of the lease or agreement for lease.

(6) When a licensed technical person or architect ceases to be in

employment for the development work he shall report the fact forthwith to
the Commissioner.

APPENDIX XIII

Regulations (5)(5)(i)

Form of sanction of development permission, building permission and

Commencement certificate.

To,

………………………..

………………………..

………………………..

Sir,

With reference to your application No. ………..dated…………..for Development Permission and grant of
Commencement Certificate under sections 45 and 69 of the Maharashtra Regional and Town Planning
Act, 1966, to carry out development and building permission under section 346 of the Mumbai
Municipal Corporation Act 1888,to erect building in building No…………………….. On plot
No./CS/C.S.T./No……………………………..div./village/Town Planning Scheme No………………………………………
situated at Road/street…………………………….ward ……………………….the commencement certificate/building
permit is granted on the following conditions :-

1. The land vacated in consequence of the enforcement of the set-back line/road widening line shall
form part of the public street.

2. No new building or part thereof shall be occupied or allowed to be occupied or used or permitted to
be used by any person until occupancy permission has been granted.

3. The commencement certificate/development permission shall remain valid for one year
commencing from the date of its issue.
4. This permission does not entitle you to develop land which does not vest in you.

5. ……………………………………………………………….
6…………………………………………………………………

Yours faithfully,

Executive Engineer (Building Proposal)(……..Ward)

Municipal Corporation of Greater Mumbai.

Office No. …………………….

Office Stamp…………………

Date:- ……………………………

APPENDIX XIV

[Regulations 5 (5) (i)]

Form of refusal of Development Permission, Building Permission and

Commencement Certificate

To,

…………………………………

…………………………………

………………………………….

Sir,

With reference to your application No…………………..dated………………….for the grant of sanction of the


development works; the erection of a building/execution of work for Building on ………………….Plot
No./C.S.No./C.T.S.No…………………of…………………………….Divn/Village/Town Planning /Scheme
No……………………………..Situated at……………………………….
Road/Street……………………………….Ward…………………………, I regret to inform you that the sanction is
refused on the following grounds under Section 346 of the Mumbai Municipal Corporation Act, 1888,
and under Section 45/69 of the Maharashtra Regional and Town Planning Act, 1966.

1. ……………………………………………………………………………..

2……………………………………………………………………………….

3………………………………………………………………………………………….

4………………………………………………………………………………..

5……………………………………………………………………………….

6………………………………………………………………………………..

Yours faithfully,

Executive Engineer,

(Building Proposal)(……………Ward)

Municipal Corporation of Greater Mumbai.

Office No. …………………………….

Office Stamp ……………………………

Date:-…………………………………….

APPENDIX XV

[Regulations No.6(2) and Section 347(i)(a) of the Mumbai

Municipal Corporation Act, 1888]

Form of Notice for Start of Work


To,

The Executive Engineer (Building Proposal),…………..Ward, Municipal

Corporation of Greater Mumbai, Mumbai.

Sir,

The development work/erection/re-erection/demolition or material alteration in/of Building No.


……………………..on/in Plot No./C.S. No./C.T.S.No……………………………Division/Village/Town Planning
Scheme No. ……………………………………..Situated at………………………………………….
Street/Road……………………….Ward…………………………………will start on ………………………………….in
accordance with your permission No……………………………..date…………………………….under the supervision
of ………………………………………………………. Licensed Surveyor/ Engineer /Structural Engineer/ Supervisor, or
Architect License No……………………………and in accordance with the plans sanctioned.

Yours faithfully,

Signature of Owner ………………………………

Name of the Owner ………………………………

IN Block Letters …………………………………….

Address of Owner …………………………………

…………………………………

…………………………………

………………………………….

Date:- …………………………..
APPENDIX XVI

[Regulations No. 6(4)]

Form of intimation of Completion of Work upto Plinth Level

To,

The Executive Engineer (Building Proposal) ……………………Ward,

Municipal Corporation of Greater Mumbai.

Sir,

The construction upto plinth/column upto plinth level has been completed in Building
No…………………………..on/in Plot No./C.S. No./ C.T.S.No………………………………….Division/Village/Town
Planning Scheme No. ……………………………..Road/Street…………………….Ward……………………in accordance
with your permission No…………………………dated ………………..under my supervision and in accordance with
the sanctioned plan.

Please check the completed work and permit me to proceed with the rest of the work.

Yours faithfully,

Signature of Licensed Surveyor/ Engineer/Structural

Engineer/Supervisor or Architect

Name………………………………………..

(In block letters)


Address……………………………………..

……………………………………………….

……………………………………………….

Date:- ……………………………

APPENDIX XVII

[Regulations No. 6(4)]

Form of Approval/Disapproval of Development Work upto Plinth Level

To,

………………………………

………………………………

………………………………

Sir,

Please refer to your intimation No………………………..dated

………………………….regarding the completion of construction work upto plinth/columns upto plinth level in
Building No……………………………on/in Plot

No/C.S. No./C.T.S. No.…………………………..Division/Village/Town Planning Scheme


No……………………….situated at ……………………..Road/Street…………………….Ward ……………………………you
may/may not proceed with the further work as per sanctioned plans/as the construction upto plinth
level does/does not conform to the sanctioned plans.
Yours faithfully,

Executive Engineer (Building Proposal)

(…………………….Ward)

Municipal Corporation of Greater Mumbai.

Office No………………………………..

Office Stamp…………………………….

Date:- ……………………………………

APPENDIX XVIII

(Regulations No. 6(7))

Form for Development completion certificate

To,

The executive Engineer (Building Proposal),………………….Ward,

Municipal Corporation of Greater Mumbai,

Sir,

I certify that the erection/re-erection or part/full development work in/on building/part building
No.…………………on/in Plot No. C.S.No./C.T.S No. ……………. Division/Village/Town Planning scheme
No…………………….situated at……………………Road/Street………………………………….Ward………………………. has
been supervised by me and has been completed on…………………according to the plans sanctioned (office
communication No. ……………………… dated………………). The work has been completed to my best
satisfaction the workmanship and all the materials (type and grade) have been used strictly in
accordance with general and detailed specifications. No provisions of the Act or Development Control
Regulations or no requisitions made, conditions prescribed or orders issued thereunder have been
transgressed in the course of the work. I am enclosing three copies of the completion plans, one of
which is cloth mounted. The building is fit for occupancy for which it has been erected/re-erected or
altered, constructed and enlarged.

I have to request you to arrange for the inspection and give permission for the occupation of the
building.

Yours faithfully,

Signature of Licensed surveyor/Engineer/Architect

Structural Engineer/Supervisor Architect.

………………………………………………………..

Name…………………………………………………

(In Block letters)

Address……………………………………………….

…………………………………………………………

Date:- ……………………. Licence No……………………………………………

APPENDIX XIX

(Regulations No. 6(6))

(See sub-section (3) of section 259-A of the Mumbai Municipal Corporation Act, 1888)

Drainage Completion Certificate


To,

……………………

……………………

……………………

Sir,

The following work ………………………………..(insert full particulars of the work) has been completed to my
satisfaction; the workmanship and the whole of the materials used are good; and no provision of the Act
or the Development control Regulations or building Bye-laws and no requisition made, condition
prescribed or order issued thereunder, has been transgressed in the course of the work,

Yours faithfully,

Signature of Licensed Plumber……………..

Name (in Block letters)………………………..

Address…………………………………………

……………………………………………………

Date:- ……………………… Licence No. ………………………..


APPENDIX XX

(Regulations No. 6(6))

(See sub-section (I) of section 353-A of the Mumbai

Municipal Corporation Act, 1888)

Building completion Certificate

To,

……………………….

……………………….

Sir,

The following building work (insert full particulars of the work) has been supervised by me and has been
completed to my satisfaction; the workmanship is and the whole of the materials used are good; and no
provision of the Act or the Regulations, Byelaws and no requisitions made, condition prescribed or
order issued thereunder, has been transgressed in the course of the work.

Yours faithfully,

Signature of Licensed Surveyor/ Engineer/Structural

Engineers/Supervisor or Architect,

Name (in block letters)_________________________


__________________________________________

Address…………………………………………………….

………………………………………………………………

………………………………………………………………

Date:- ……………………………. Licence No. ……………………………….

APPENDIX XXI

(Regulations 6(6) and 6(7)

Form of Acceptance of Completion Certificate

Municipal Corporation of Greater Mumbai

No…………………………..of

To,

……………………….

………………………..

……………………….

Subject :-
Reference :-

Sir,

The Completion certificate submitted by you on ………………….for the above work is hereby accepted.

Yours faithfully,

Executive Engineer/Asst Engineer………..Dn.

Municipal Corporation of greater Mumbai

Zone ………………..

Date :-

Office Stamp :-

No. …………………of

Copy forwarded to

………………………….Dn. The Assistant Engineer/Executive Engineer,

Development Plan/ Chief Engineer,

Vigilance,

……………………………………………………..For information

Executive Engineer
Zone………………………..

APPENDIX XXII

(Regulations 6(7))

Form for Occupancy certificate

To,

……………………..

……………………..

……………………..

Sir,

The part/full development work/erection/re-erection or alteration in/of building/part building No.


……………………….on/in Plot No. …………………….

Block No…………………………..situated at……………………..Road/ Street……………………………………………City


S.No………………………completed under the supervision of ……………………………….. Licensed
surveyor/Engineer/Structural Engineer/Supervisor, Architect/Licence No………………………may be
occupied on the following conditions:-

1) ……………………………………………………………

2) …………………………………………………………….

3) …………………………………………………………….

4)………………………………………………………………

…………………………………………………………………
………………………………………………………………….

………………………………………………………………….

A set of certified completion plans is returned herewith.

Yours faithfully,

Executive Engineer

(Building Proposal)

(……….Ward)

Municipal Corporation of Gr. Mumbai.

Office No………………………….

Office Stamp………………………

Date:- ……………………………..

APPENDIX XXIII

(Regulations 6(8)

Form of Indemnity for Part Occupancy Certificate

To,

……………………………………………….

Municipal Corporation of Greater Mumbai

Mumbai.
Subject :-

Sir,

While thanking you for letting me occupy a portion of the above building before acceptance of the
Completion Certificate of the whole building for the plans approved in communication No.
………………………….dated …………………. I, * indemnify the Municipal Corporation of Greater Mumbai
against any risk, damage and danger which may occur to occupants and users of the said portion of the
building and also undertake to take necessary security measures for their safety. This undertaking will
be binding on me/us, our heirs, administrators and our assignees.

Yours faithfully,

Signature of Owner ………………………….

Name of the Owner ………………………..

(in block letters)

Witness

(Signature and name in block letters) ……………………………

Address: …………………………………………………………….

………………………………………………. Date:…………………….

* of such value as decided by the Commissioner.

By order and in the name of the Governor of Maharashtra,

1. T. JOSEPH

Secretary to Government.
Appendix XXIV

Conditions and guidelines for implementation of Reg. No. 33(9) (A) are

incorporated in this Appendix XXIV.

(1) Applicability of the provisions of this appendix:- For achieving comprehensive planning and
development of non-slum areas of Dharavi Notified Area (DNA) through sectoral layouts of Dharavi
Redevelopment Project, the provisions in this appendix shall apply to the renewal and redevelopment of
buildings /chawls including cessed properties and such schemes on areas which are part of DRP Area
undertaken by DRP (SRA) through the developer to be appointed by following competitive bidding
process for Dharavi Redevelopment Project or through Public Authority.

The properties which are not part of DRP Area as defined above shall be developed in accordance with
DCR 32 only. The other provisions of DCR 1991 allowing higher FSI permitted under DCR 33 and
provisions of this Appendix shall not be applicable to such properties which are not part of DRP Area.

(2) Renewal & Redevelopment project formulated by Slum Rehabilitation Authority for buildings /
chawls including cessed properties shall be with FSI of 1.72 or the FSI required for rehabilitation of
existing eligible occupants whichever is more which will exclusively be used for rehousing the existing
eligible occupants and to generate additional tenements / units if any, The built up area of such
construction with 1.72 FSI or more shall be termed as Renewal Rehab Component.

(3)(a) If areas redeveloped earlier under SRD / SRA schemes are included in the DRP Area for renewal
and redevelopment under DRP, the TDR generated from the plot in the said SRD/SRA scheme would be
deducted from overall calculation of FSI 4.00.

(b) For private unencumbered plot/s situated within DNA but presently excluded, the FSI shall be 4.00
on their inclusion in DRP. The developer however, shall have to pay premium as decided by DRP on built
up area equivalent to 2.67 FSI of that plot upon which he would be entitled to add built up area
equivalent to 4.00 FSI of that plot to his free sale component.
(4) The construction of Renewal Rehab Component will be carried out by the developer so appointed
under Dharavi Redevelopment Project at his cost as per the specifications, planning and requirements
of DRP (SRA). Each eligible occupants shall be rehabilitated and given the carpet area occupied by him
for residential purpose in the old building subject to the minimum fixed carpet area of 27.88 sq.mt. (300
sq.ft.) and maximum area equivalent to the area occupied in the old building. The carpet area upto 70
sq.mt. shall be part of Renewal Rehab Component and shall be provided at free of cost. However area
above 70 sq.mt. will be at construction cost to be determined by OSD, DRP (SRA) and the said cost to be
paid by the respective occupant to the developer. Such surplus residential renewal area shall not qualify
for calculating incentive Renewal Sale Component.

In case of non-residential occupier the area to be given will be equivalent to the area occupied in the old
building. The renewal tenements in the so completed buildings shall be handed over to the respective
eligible occupiers of the old building as certified by the concerned Competent Authority free of
encumbrances.

(5) Eligibility for Renewal Rehab Tenements:- For Urban Renewal Schemes the existing tenants /
occupants residing as on 1st January, 2000 shall be held eligible. No new tenancy / occupancy created
after 1.1.2000 shall be considered. Further unauthorized construction made in buildings / chawls, and
unauthorized extensions to the tenements shall not be considered while computation of existing FSI
and size of tenements. A certified inspection extract of the M.C.G.M. for the year 1999-2000 or Courts
order proving the existence of tenements prior to 1.1.2000 shall be considered adequate evidence to
establish number of tenements and size of the tenement.

(6)(a) If the Renewal Rehab Component is 10 sq.m. of built up area, then an additional 13.33 sq.m. of
built up area will be permitted and this area of additional 13.33 sq.m. can be utilized for disposal in the
open market as a Renewal Sale Component and the Renewal Rehab Component subsidized. Renewal
Sale Component can be clubbed with Slum Sale Component and Amenity Sale Component generated
under DCR 33(10)(A) within the same planning sector.

(b) If the FSI required for rehabilitation of existing eligible occupants plus Renewal Sale Component
exceeds FSI 4.00 of a particular plot, such excess quantum shall get absorbed while calculating overall
FSI of 4.00 on entire DRP Area.

(7) Non Residential User in Free Sale Components:- Non Residential User as permissible in R-2, C-1 and
C-2 zones as per DCR- 52, 53 & 54 shall be allowed in Free Sale Components.
(8) Renewal Rehab Component shall be located at suitable location within the respective planning
sector layout and not necessarily be on the plot where they exist at present. In case of any site
constraints by which if it is not possible to locate the same within the respective sector layout, the same
may be allowed to be located outside the particular sector layout, but within the Dharavi Notified Area,
with the special permission of OSD, DRP(SRA).

(9) The FSI for Urban Renewal schemes in CRZ area within DNA, shall be governed by the MOEF
notifications issued from time to time.

(10) After the proposed Renewal Rehab Component buildings are constructed in the sector layout, at
approved location, in all respect including amenities such as water supply, sewerage lines, electricity etc,
the present occupiers of the respective buildings, chawls, tenanted properties etc. of the concerned
authorities shall be shifted to their respective newly built tenements as per the allotment to be finalized
by the concerned authorities.

(11) An individual agreement shall be entered into by the Land Owning Authority / SRA / the developer
so appointed under Dharavi Redevelopment Project by DRP (SRA) with the eligible occupier of each
tenement / unit of the structure on the renewal plots.

(12) The said individual agreement entered into between the said eligible occupier and the Land Owning
Authority / SRA / developer shall be in the joint names of pramukh occupier and spouse for every
structure.

(13) Tenements having a physically handicapped person or female headed households shall be given first
preference in allotment of tenements. Thereafter lots shall be drawn for allotment of tenements from
the remaining tenements to the other occupiers.

(14) In respect of those eligible occupiers on site who do not join the project willingly the provisions laid
down under clause no. 1.15 (i) to 1.15 (vi) of Appendix-IV (A) of Reg. 33(10) (A) of these regulations shall
be applied.

(15) The Managing Committee of the proposed Co-operative housing society of occupants to be formed
after allotment of reconstructed tenements shall have women to the extent of one-third of the total
strength and actual members on the committee at any time.

(16) Restriction on Transfer of Tenements:- The tenement obtained under this scheme cannot be sold /
leased / assigned or transferred in any manner for a period of ten years from the date of allotment /
possession of the tenement. In case of breach of conditions, except transfer to legal heir, the tenement
will be taken over by DRP (SRA).

(17) Building permissions for the Urban Renewal development shall be as per the procedure laid down
under clause no. 2.1 to 2.8 of Appendix-IV (A) of Reg. 33(10) (A) of this regulations.

(18) The temporary transit accommodation shall be provided within Dharavi Notified Area, and if
needed to be on the area of amenity open space in accordance with the procedure laid down under
clause no. 4.1 to 4.7 of Appendix-IV (A) of Regulation No. 33(10) (A) of this regulations.

(19) Relaxation in building and other requirements for the Urban Renewal development shall be as per
the provisions laid down under clause no. 6.1 to 6.24 of Appendix-IV (A) of Reg. 33(10)(A) of these
regulations.

(20) Urban Renewal Development and Development Plan Reservations shall be as per the provisions
laid down under clause no. 7.1 to 7.9 of Appendix-IV (A) of Reg. 33(10)(A) of these regulations.

(21) The concerned land owning authority shall give development rights of their land to DRP (SRA) in
lieu of 70% of net premium that is payable by the developers, proportionate to the Renewal Rehab
Component generated on the said land. In case project to be undertaken by the Public Authority, the
premium payable shall be as per decision of the Government.

(22) Ownership and Terms of lease:- The part of Government / MCGM / MHADA / MMRDA / Any
Undertaking land on which the Renewal Rehab Component of DRP will be constructed shall be leased
to the co-operative Housing Society of the occupants on 30 years lease at the lease rent of Rs 1001 for
4000 sq.mt. of land or part thereof and renewable for a further period of 30 years. The same conditions
shall prevail for the land under the free sale component and the land shall be leased directly to the
Society / Association of the purchasers in the free sale component and not through the society of
renewal rehab occupants.

(23) As soon as the approval is given to the Project, the no objection certificate for building permission
of the land owning authority shall be given in respect of that property to be developed under this Urban
Renewal Scheme on lands belonging to any department, undertaking, agency of the State Government
including MHADA, or any local self- Government such as the Municipal Corporation within 30 days
after the intimation of such approval to the Project is communicated. In the event of its not been given
within the period, it shall be deemed to have been given.
(24)(24.1) An amount of Rs. 20,000 or such an amount as may be decided by the Government from time
to time per renewal tenement / unit will have to be deposited by the developer with DRP (SRA) as a
corpus fund for utilization by the co-operative housing society of the renewal rehab occupants for the
purpose of maintenance, in accordance with the time-schedule for such payment as may be laid down by
OSD, DRP (SRA). However, by the time of completion of construction for occupation of tenements by
the renewal rehab occupants, the total amount at the rate of Rs.20,000 per tenement completed should
have been deposited in full. The building permission for the last 25 percent of the free sale component
would be given only after the entire required amount is deposited in full with DRP (SRA). A matching
amount of Rs. 20,000/- per renewal rehab tenement / unit shall also be deposited by DRP(SRA) and
added to the said corpus fund.

(24.2) An amount of Rs. 840 per sq.mt. shall be paid by the Developer for the built up area over and
above the normally permissible FSI, for the rehabilitation and free sale components. This amount shall
be paid to DRP(SRA) in accordance with the time schedule for such payment as may be laid down by the
OSD, DRP(SRA), provided the installments shall not exceed beyond the completion of construction. This
entire amount will remain with DRP (SRA) and the same shall be used for Schemes to be prepared for
the improvement of infrastructure within Dharavi Redevelopment Project Areas.

(25) The Slum Rehabilitation Authority, after consultation with the concerned authorities may add, alter
or amend the conditions under these regulations with the previous approval of the State Government.

Note:-

(A) All words and expressions used in these Regulations and not defined herein shall have
meanings assigned to them under the Maharashtra Regional and Town Planning Act, 1966 or the
Maharashtra Slum Area (Improvement, Clearance & Redevelopment) Act, 1971, or the National
Building Code, or the Building Regulations and Bye-Laws or the Development Control Regulations of
the Municipal Corporation of Greater Mumbai, as amended from time to time.

(B) The provisions of the Development Control Rules for Greater Mumbai, 1991 and all other
applicable sections of the Maharashtra Regional and Town Planning Act, 1966, shall apply mutatis
mutandis to the development of land with the modification that the expressions “Municipal Corporation
of Greater Mumbai” and “Municipal Commissioner” shall be substituted by the expressions “Slum
Rehabilitation Authority” and “Officer on Special Duty, DRP (SRA)” respectively.

(C) Nothing contained herein shall derogate from any right or power exercisable by the Municipal
Corporation of Greater Mumbai under the provisions of the Bombay Municipal Corporation Act, 1888,
and the rules, regulations and bye-laws made there under. Any development of land shall be carried out
without prejudice to such provisions.

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