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(\9) ~-;mft (~-~~) Maharashtra Regional and Town Planning Act, 1966 Sanction under Section 31(1) to the Revised Development Plan of Greater Mumbai.
GOVERNMENT OF MAHARASHTRA Urban Development Department Mantralaya, Mumbai 400 032.
Date :- 8th May 2018 NOTIFICATION No. TPB-4317/629/CR-118/2017/DP/UD-ll Whereas,the Municipal Corporation of Greater Mumbai is the Planning Authority for jurisdiction of Greater Mumbai (hereinafter referred to as "the said Corporation "las per the provisions of the Maharashtra Regionaland TownPlanning Act, 1966 (hereinafter refer as "the said act").The first Development Plan prepared by the said Corporation, was sanctioned in the year 1964-1967. Thereafter, the said Corporation revised the first DevelopmentPlan as per provisions of the said act, and said revised DevelopmentPlan was sanctioned by State Government in the year 1991-1994.The last part of said Revised Development Plan was sanctioned on 4thMarch, 1994and has come into force accordingly;
Andwhereas, the said Corporationvide their ResolutionNo.767, dated 20th October, 2008 declared their intention to revise the Sanctioned Revised Development Plan of Greater Mumbai within its jurisdiction as laid down under Section 38 read with Section 23(1) of the said act. Accordingly,notice to that effect, was published in the officialGovernment Gazette on 1stJuly, 2009. Thereafter the survey of Existing Land Use of the entire area within the jurisdiction of the said Corporationwas carried out as laid downunder Section 25 of the said Act and the ExistingLand Usemaps were prepared;
And whereas, the said Corporation had prepared the Draft Revised Development Plan along with Development Control Regulations and after obtaining sanction from General Body, vide Resolution No.1195 dated 23rdFebruary 2015, published a Notice in the Maharashtra Government Gazette dated 25.2.2015, under sub Section (1) of Section 26 of the said act for inviting suggestions/ objections fromgeneral public on the Draft RevisedDevelopmentPlan;
And Whereas, the suggestions/objections received by the said Corporation in respect of errors in Draft Revised Development Plan and representations from organization, general public, members of legislative assembly / Council, the State Government has issued direction vide letter dated 23.4.2015, under Section 154(1) of the said Act, to the said Corporation to revamp/recast the draft revised Development Plan after examining all the errors 0I':l the basis of existing site conditions and its merits by considering the planning and legal issues and republish the Draft Revised Development Plan after incorporating all the corrections for the purpose of inviting suggestion/ objections as per the provision of Section 26 of the said Act;
And whereas, as per direction of the State Government, the Draft Revised Development Plan along with Development Control Regulations were prepared by the said Corporation within the time extension granted under Section 26(A) introduced by t:be way of an ordinance No. XVIII of 2015,dated 29th August, 2015by the State Government and after obtaining sanction from General Body, vide Resolution No.307 dated 27th May, 2016,a notice. for inviting suggestions / objections from the general public as required under the provision of sub-Section (1) of Section 26 the said Act is republished in the Maharashtra Government Gazette dated 27th May 2016, (hereinafter referred to as "the said Draft Development Plan");
And whereas, the Planning Committee constituted under section 28(2) of the said Act, has considered the suggestions and / or objections to the said Draft Development Plan received within stipulated period by the said Corporation and submitted their report along with their recommendations to the said Corporation under section 28(3) of the said Act on 6thMarch, 2017;
And whereas, after considering the report of the Planning Committee, the said Corporation vide its Resolution No.39~, dated 31st July, 2017 has sanctioned the Draft Development :Plan with modifications or changes carried out by Planning Committee subject to the modifications suggested by the said Corporation, which were published under Section 28(4) of the said Act and submitted in accordance with the provisions of sub-section (1) of Section 30 of the said Act, to the State Government for sanction vide lettet dated 2nd August 2017.
And whereas, in accordance with Sub-Section (1) of Section 31 . of the Said Act, after making necessary enquiries and after consulting the Director of Town Planning, Maharashtra State, Pune the State Government has accorded sanction to the Draft Development Plan (Part) of Greater Mumbai in K/E, S,G/S Ward vide notification No.
TPB- 4317/629/CR-118/2017/UD-11, dated 9th November 2017 and notification No. TPB- 4317/778/CR-267/2017/UD-11, dated 7th February, 2018.
And whereas, the Director of Town Planning, vide his Marathi letter. No.1225, dated 21st February 2018 has submitted his Report on the modified Draft Development Plan and the Draft Development Control and Promotion Regulations in respect of proposal of Developmentplan ofGreater Mumbai-2034 to Governmentforsanction;
Andwhereas, in accordance with provisions of sub Section (1)of Section 31 of the Said Act, after making necessary enquiries and after consulting the Director of Town Planning, Maharashtra State, Pune, the State Government has accorded sanction to the Draft Development Plan of Greater Mumbai with modification shown in
SCHEDULE-Aappended to this Notification No. TPB-4317/629/CR- 118/2017/DP/UD-l1, Dt. 08/05/2018 excluding the substantial Modification as shown in SCHEDULE-Bappended hereto.
Now therefore, in exercise of the powers conferred by Sub Section (1) of Section 31 of the Said Act and of all other powers enabling it on that behalf, the Government ofMaharashtra hereby:- A) Accords Sanction to the Draft Development Plan 2034 of Greater Mumbai excluding the part portion of sanctioned DevelopmentPlan vide Notificationdated 9th November2017 and 7thFebruary, 2018.
with followingpolicy notes and conditions which are applicable to entire DevelopmentPlan 2034.
1. The word used on Plan/Report/DCPR as "designated" for the purpose of showing respective existing facilities/ amenities shall be changed to "Existing". So the prefix "D" at all the places shall be replaced by prefix "E" egoDE, DOS, DSAetc shall be changed to EE, EOS, ESAetc.
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2. If the commissioner found that the designation shown on plan is not as per site condition and it is a draftsman's error, he may pass a suitable specific order to correct it and shall issue a written, well-reasoned, speaking order modifying Development Plan to that effect and copy of such order along with certified part plan in original shall be forwarded to Government in Urban Development Department and the Director of Town Planning, Maharashtra State, Pune for record. In any case the commissioner shall not delegate his power to do so, to any officer sub-ordinate to him.
Provided that such proposal shall be submitted by the concerned land owner to the commissioner within a period of 3 months from the date on which the D.P. come into force and commissioner shall take the decision on it within next 6 months.
3. All the reservations proposed on the layout RG. shall be deleted by the commissioner under his special permission, as and when noticed or brought to the notice to him. For such deletion the commissioner shall pass a special well reasoned, speaking order, modifying Development Plan to that effect and copy of such order along with certified part plan showing such modification in original shall be forwarded to the Director of Town Planning, Maharashtra State, Pune and Government in Urban Development Department for record. In any case the commissioner shall not delegate his power to do so, to any officer sub-ordinate to him.
4. Where Public Parking Lots (PPL) has been proposed or developed on Partial land or on some floors of Residential/ Commercial buildings and on such lands, under the prOVISIOns of regulations, Where the proposed reservation/ designation of Public Parking Lot (PPL)is shown in Developmentplan, then all such reservation/ designation shall deemed to be deleted and land under such reservation/ designation shall be included in the adjoining pre dominant land use.
5. Where the public parking lots (PPL)have been handed over to Municipal Corporation after development by getting the approval of Corporation then such sites be shown as existing Public Parking Lot (PPL).
6. The reservations for Petrol pump are proposed to be sanctioned as proposed under section 30 of MR & TP Act
1966.
7. Alignmentof nalla shall be considered as continuous even if it is shown as broken in some part due to covered portion if such broken alignment come into notice or brought to the notice of the commissioner, he shall issue a written, well reasoned, speaking order modifyingDevelopmentPlan to that effect and copy of such order along with certified part plan in original shall be forwarded to the Director of Town Planning, Maharashtra State, Pune and Government in Urban Development Department for record. In any case the commissioner shall not delegate his power to do so, to any officersub-ordinate to him.
8. The designation shown for petrol pump on DevelopmentPlan shall be considered only up to the minimum area and access as otherwise required under these regulations for the user of petrol pump. Excess area of such designation shall be considered as deleted from such designation. If it is brought to the notice of Commissionerthen he shall issue a written, well reasoned, speaking order modifyingDevelopmentPlan to that effect and copy of such order along with certified part plan in original shall be forwarded to the Director of Town Planning, Maharashtra State, Pune and Government in Urban _!. Development Department for record. In any case the commissioner shall not delegate his power to do so, to any officersub-ordinate to him.
9. 30 m buffer line is shown on Development Plan along last track of railwayline. If any deviation is found regarding this 30 m distance, then the commissioner shall correct such line and shall issue a written, well-reasoned, speaking order modifying DevelopmentPlan to that effect and copy of such order along with certified part plan in original shall be forwarded to the Director of Town Planning, Maharashtra State, Pune and Government in Urban DevelopmentDepartment for record. In any case the commissioner shall not delegate his power to do so, to any officersub-ordinate to him.
10. At the time of Implementation, if the alignment Of coastal road varies from the alignment shown on D.P. due tosite situation, then such variations shall be permitted and the alignment on DP shall be treated as stand modified to that effect. The area I released due to such deviation shall be considered as included in adjoining zone.
11. The appropriate authority for all the reservation for "Government Office" shall be changed to "PWD/GAD".
12. Where the I to R/C proposal is sanctioned by Corporation but still the land under such proposal is shown in industrial zone, then notwithstanding to that, separate permission for I to R/ C shall not be required and no any procedure to that effect is necessary.
13. In case of sanctioned I to R/C proposals once the amenity space is handed over and final Occupancy Certificate is granted, the zone of such lands shall be treated as',the zone for which it is converted even if they are shown as Industrial on D.P.
14. In case of sanctioned Accommodation Reservation proposals, if the share of MCGM along with the construction if any thereon is handed over and final Occupation Certificate is granted to it, then the share of land retained with the owner shall be declared as free from reservation by the cotnmissioner and he shall issue a written, well-reasoned, speaking order modifying Development Plan to that effect and coPy of such order along with certified part plan in original shall be forwarded to the Director of Town Planning, Maharashtra State, Pune and Government in Urban Development Department for record. In any case the commissloner shall not delegate his power to do so, to any officer sub-ordinate to him.
15. If the land shown as a Natural Area(N.A.), does not fulfills the criteria set for it, then the commissioner, with .the prior approval from the Government, under his special permission shall pass a well reasoned order to consider that land is in No Development Zone/Special Development Zone (NDZ/SDZ). In any case the commissioner shall not delegate his power to do so, to any officer sub-ordinate to him.
16. If any reservation in the earlier sanctioned DevelopmentPlan is lapsed in pursuance of notice under section 49 or 127 of the MRTP Act, 1966 or as directed by the Hon. High court/Supreme Court in respect of such notice, then the corresponding reservation shall stand lapsed in the Revised Development Plan to the extent of area covered in the said notice.
17. The proposal of the 1991D.P. on the government lands, which are granted by the government to any institute or persons excepting textile mill, during the period from the date of sanction of the concerned part of the 1991 D.P. and the date of publication of draft D.P. 2034 under section 26(i.e.
27.05.2016) which are valid, shall prevail, irrespective of any proposal in the 2034 D.P. subject to the stipulations of the order of the said grant of land/ consent term if any/court order if any, in this regard.
Provided that the above provision shall also be applicable to the land allotted by the MCGM/MMRDAand to the lands for which the land use decided by competent court and to the lands forwhich the consent terms submitted by governmentin the competent court. Provided further that, such proposals shall be submitted by the alottee to the commissionerwithin a period of three months from the date on which the D.P. come into force and the commissioner shall take decision on it within next sixmonths.
18. Reservation for which the appropriate authority is shown a private person/private institute shall be considered to be lapsed. The development permission on such land shall be permitted as otherwise permissible on the adjoining land and as per the DCR2034.
19. In case of any variation proposal to the final TPSis sanctioned by the government, the proposals of the final D.P. stands modifiedto that effect.
20. If the SRS is sanctioned considering proposals of 1991 Development plan and also by rearranging the reservations and road proposals of 1991 D.P. and such sanction is still valid and if new reservations are proposed in 2034 D.P. on such land then new reservations of 2034 D.P. shall be deemed to be deleted. In such cases, the rearranged proposal as per sanctioned SRSif any shall prevail over2034 DP.
21. Where layouts are approved and IOD granted prior to
27.05.2016(i.e. date of publication of D.P. under section 26 of MRTP) which are valid then the proposals of 1991 D.P., on such land shall prevail over proposal under 2034 D.P.
22. Draftsman's error - Draftsman's errors which are required to be corrected as per actual situation on site and / or 'correction in existing boundaries of the establishments is required to be corrected as per city survey record or revenue record or as per acquisition and possession of lands or as per valid sanctioned layout etc. may be corrected by the Municipal Commissioner.
In respect of HighTension Line, the alignment shown on DP is to be corrected or deleted wherever required by the Municipal Commissioner in consultation with the concerned .department.
However,due to shifting or deletion of such HighTension Line, the land use zone of lands (before shifting) under H.T. Line shall be the zone of adjoining land.
The Municipal Commissioner, after due verification and satisfying himself regarding such error, shall issue a written, well-reasoned, speaking order modifyingDevelopment Plan to that effect and copy of such order in original shall be forwarded to the Government in Urban Development Department and Director of Town Planning, Maharashtra State, Pune for record. In any case the commissioner shall not delegate his power to do so, to any officersub-ordinate to him.
23. The areas of reserved sites as mentioned in DevelopmentPlan are approximate and tentative. The exact areas as measured on site as per the boundaries shown on the DevelopmentPlan shall be considered as the area of reserved site.
24. The private or rental premises shown as designated in Public Semipublic zone/use will continue to be in public-semipublic zone/use as long as Public-Semipublic user exists. If such user is shifted or closed then the Authority shall allow development permission on such land considering adjoining predominant land use zone, after due verification Commissioner may pass a suitable specific order to correct it and shall issue a written, well-reasoned, speaking order modifyingDevelopment Plan to that effect and copy of such order along with certified part plan in original shall be forwarded to the Director of Town Planning, Maharashtra State, Pune and Government in Urban Development Department for record. In any case the commissioner shall not delegate his power to do so, to any officer sub-ordinate to him.
25. On lands acquired for public purpose from the earlier Sanctioned Development Plan where reservation is continued in this revised Development Plan for the another public purpose, in such cases such lands shall be available as per revised Development Plan reservation for public purpose.
26. Existing Features Shown On Development Plan - The existing features shown on Development Plan are indicative and stand modified on Development Plan as per actual position. Merely mention of particular existing use on Development Plan, shall not bar the owner from development permission in that zone.
Also, the boundaries of s. no., alignment of existing road / nala and other physical features of land shall be as per measurement plan of Land Records Department.
27. Wherever the boundaries of Gaotharr/Koliwada/Adivasi Pada are not shown on the Development Plan will be considered as and when the same is finalized by the Revenue Department.
28. Every order passed by the commissioner, involving changes in D.P. proposals shall be send along with part plan to the Director of Town Planning, Maharashtra State, Pune and Government of Maharashtra in Urban Development Department for record purpose .
.:,;,l B) Accords sanctioned to the Draft Development control and promotion regulations -2034 for Greater Mumbai excluding the part portion specified in Schedule-B and more specificallygiven in the booklet available on the Governmentwebsite.
C) Extends the period prescribed under section 31(1)of the Said Act, for sanctioning the Said DevelopmentPlan up to and inclusive of the date of this notification.
D) Fixes the date, one month after publication of this Notificationin the OfficialGazette to be the date on which the said sanctioned DevelopmentPlan ofGreater Mumbai-2034 shall come into force.
The aforesaid part Final Development Plan of Greater Mumbai Sanctioned by the State Government vide this Notification shall be kept open for inspection by the general public during officehours on ~l working days for a period of one month from the date of coming mto force of this Notification,at the officeof they--z,~ _.,----' ( Pradeep Gohi! ) Under Secretary to Government.
(1) Chief Engineer (Development Plan), Municipal Corporation of Greater Mumbai, Mahapalika Marg, Mumbai 400 001.
(2)Deputy Director of Town Planning, Greater Mumbai, 'E' Block, ENSA Hutment, Azad Maidan, Mahapalika Marg, Mumbai 400 001.
This Notification shall also be available on the Govt. of Maharashtra website: www.maharashtra.gov.in (~ ~ f!!1n:n By order and in the name of the Governor of Ma~arashtra, 1
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
PART-I ADMINISTRATION
1. Short title, extent and commencement (I) Title: These Regulations shall be called the “Development Control and Promotion Regulations for Greater Mumbai, 2034” (hereinafter called “these Regulations”).
(II) 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, if there is a conflict between the requirements of these Regulations and the Town Planning Scheme Regulations, the provisions of these Regulations shall prevail. , except provisions regarding access, where Town Planning Scheme Regulations shall prevail.
Provided further that, these regulations shall not apply to the Manori-Gorai-Uttan Notified area.
(EP-1) (III)Protection: Any a Action of the Commissioner in respect of the implementation of Development Plan in accordance with the provisions of these Regulations, grant of permissions, and action against violations, etc. shall be deemed to have been done in good faith. No suit, prosecution or other legal proceedings shall lie against any person for any thing which is in good faith done or intended to be done under the MR&TP Act or any rules or regulations made their under.
(EP-2) (IV)Date of coming into force: These Regulations shall come into force on from the date of publication in Maharashtra Government Gazette sanction by the Government under section 31 of Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966) and shall replace the existing Development Control Regulations for Greater Mumbai framed under the MR &TP Act, 1966.
(V) Transitional arrangement: Section 46 of the MR&TP Act, 1966 provides that “The Planning Authority in considering application for permission shall have due regard to the provisions of any draft or final plan or proposal published by means of notice submitted or sanctioned under this Act.” Notwithstanding such provision, it is clarified that from the date of publication of Revised Draft Development Plan 2034 (RDDP) of Greater Mumbai under Section 26 of the said Act till its sanction under Section 31 of the said Act, the following transitional provisions shall apply.
1. Land Use Zones: The stringent of Land Use Zones of DP 1991 and RDDP 2
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 shall prevail.
2. Development of Land Reserved for Public Purposes: The reservations from SRDP 1991 including those proposed to be deleted in the RDDP will continue to be in force. The reservations as reflected in RDDP shall be considered as reservations. However, the land reserved for public purpose shall be developed as per provisions of DCR 1991 till its sanction under section 31 of the said Act. Reservations if any, not reflected in DP 1991, but reflected in the RDDP, and where there is no provision in DCR 1991 for the development of such reservations, shall be developed as per RDDP. The permissibility of FSI, however, shall be as per DCR 1991.
Provided further that, if the plot is reserved for a different public purpose in DP 1991 than the proposed reservation in RDDP, then the reservation as per DP 1991 shall prevail till the sanction of RDDP 2034.
3. Control of other Development: All other aspects of development shall continue to be governed by the DCR 1991 including payments for premium as amended up to date till the RDDP is sanctioned.
(EP-3) 2 Definitions of Terms and Expressions (I) General: In these Regulations, unless the context otherwise requires, the terms and expressions shall have the meaning indicated against each of them.
(II) Meaning as in the Acts, Rules, etc.: Terms and expressions not defined in these Regulations shall have the same meanings as in the MR&TP Act, 1966 or the Mumbai Municipal Corporation Act, 1888 (Mumbai Act No. III of 1888) or any other Act and the rules or bye-laws framed thereunder, as the case may be, unless the context otherwise requires.
(III) Terms and expressions neither defined in these Regulations nor defined in (I) and (II) above shall be interpreted with reference to the latest National Building Code in the relevant context.
(IV) Definitions.
(1) “Access” means clear approach to a plot or a building.
(2) "Accessory building" means a building separated from the main building on a plot, and put to one or more accessory/ancillary use.
3
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(3) "Accessory/Ancillary use" means use of the building, subordinate and customarily incidental to the principal use.
(4) “Accommodation Reservation” means a land instrument enabling a Planning Authority to acquire part of the reserved land and/or developed amenity in accordance with these Regulations. plot of land reserved for public purpose, where land owner has an option of handing over the part of land and/or developed amenity to MCGM, for the intended public purpose and developing balance land with permissible Development Right (DR) for the entire plot with the provision of these regulations.
(5) "Act" means-
(i) The Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966); or
(ii) The Mumbai Municipal Corporation Act, 1888 (Mumbai Act No. III of 1888)
(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 of any required means of ingress or egress, or change to fixtures or equipment, as provided in these Regulations.
(7) "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. Island 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.
However, advertising sign shall not include hoarding displaying details of the project as per IOD/IOA condition, at the site of the project.
(8) “Affordable Housing” means social housing in the nature of housing meant for economically weaker section, lower income group, middle income group and which also includes rental housing.
4
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(8)(9) "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.
(9)(10)“Alcove” means a cooking place with direct access from the main room without a communicating door.
(10) “Amenity Space” means a statutory space provided in any layout/plot to be used for any of the amenities/utilities specified in these regulations space for public amenities such as Recreational Open Spaces, Markets, Welfare Centres, AdharKendras, Police Chowkies, Public Sanitary Conveniences, Municipal Library, Reading Rooms, Gymkhanas/Gymnasium, Municipal Chowkies, Shelter for Destitutes, Multi-purpose Housing for Working women, Homeless Shelters, Old Age Homes, Pumping Stations, Citizen Facility Centres, Municipal Dispensaries, Schools, Facility for Solid Waste Management, Fire Station, Fuel Stations, Electric Sub Station, etc. either for single facility or for multiple facilities as specified in these Regulations.
(EP-4)
(11)(11) "Architect" means a person 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 the said Act.
"Architect" means a person registered as an architect under the provisions of the Architects Act, 1972.
(12) “Atrium” means the area comprised of entrance lobby or common entrance hall of the building or common area at any floor level which serves as a Common Open Spaces for more than one floor.
(12)(13) "Automatic sprinkler system" means an arrangement of pumps, pipes and sprinklers, set to activate automatically on detection of fire inside the building and spray water under force to douse fire, simultaneously setting an audible alarm.
(13)(14) "Balcony" means a horizontal projection, including a parapet, hand-rail balustrade, to serve as a passage or sitting out place.
(14)(15) "Basement or cellar" means the lower storey of a building below, or partly below the ground level.
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PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(15)(16) “Biotechnology Unit” means and includes Biotechnology units which are certified by the Development Commissioner (Industries) or any other officer authorized by him on his behalf.
(16)(17) "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 (q) 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 public building or part thereof where groups of people congregate or gather for amusement, recreation, social, religious, 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, multipurpose hall, clubs, gymkhanas, malls, road, air, sea or other public transportation stations, and recreation piers. Public for this purpose shall mean use open for public at large.
(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, IT establishments, call centers, offices for private entrepreneur, court houses, provided 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, recognized 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 uses incidental thereto such as a library, multipurpose hall, auditorium 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- 6
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(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 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 as approved and certified by the Development Commissioner (Industries).
(g) "Institutional building" means a building constructed or used by Government, Semi-Government organisations or registered Trusts or persons and used for education, health, research and such other activities, multi-purpose housing/hostel for workingwomen/persons/students, but not for lodging 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 dharamshalas, hospitals, sanatoria, custodial and penal institutions such as jails, prisons, mental hospitals, houses of correction, detention and reformatories.
(h) “Information Technology Building” means a building used for the purpose of business of developing either software or hardware or providing IT enabled services as defined in IT policy amended from time to time.
(h)(i) "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)(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 such other activities; and "clerical work" includes including writing, book-keeping, sorting papers, typing, filing, duplicating, data processing, drawing of matter for publication and editorial preparation of matter for publication and such other activities.
(j)(k) “Public Building” means a building used or intended to be used either ordinarily or occasionally by the public such as;
(a) offices of Central or State Government or any Public-Sector Undertaking or Statutory Authority or Local Authorities or (b) buildings such as;
7
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 i. temple, mosque, church, chapel, or any place of public worship.
ii. public or private college, school, library, or places of educational facilities.
iii. cinema, public concert hall, drama theatre, auditorium, sports complex, sports facility, theatre for cultural activities.
iv. public hall, welfare centre, exhibition hall, Museum or any other place of assembly.
v. hospital, maternity home etc. or any other place of medical facility.
vi. market, shopping centre, departmental store or mall with or without multiplex or any other place of retail and wholesale merchandise.
vii. railway station, metro/mono rail station, bus station, airport or any other public transport terminal.
viii. public or private hospital
(k)(l) "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)(m) “Semi-detached building" means a building detached on three sides.
(m)(n) “Special building" means-
(i) a building solely used for the purpose of a drama or cinema theatre, a drive-intheatre, an assembly hall or auditorium, an exhibition hall, theatre museum, a stadium, a "Mangal Karyalaya", exceeding built-up area of 1000 sq. m. or where the built-up area of such a user exceeds 1000 sq. m in the case of mixed occupancies;
(ii) an industrial building;
(iii) a hazardous building;
(iv) a building of wholesale establishment;
(v) Educational, Institutional and residential hotel building or centrally airconditioned building which exceeds
(a) 15m in height, or
(b) a total built-up area of 1000 sq. m.
(n)(o) "Storage building" means a building or part thereof used primarily for storage or shelter of goods, wares or merchandise, warehouse, cold storage, freight depot, transit shed, store house, public garage hangar, truck terminal, grain elevator and barn.
(o)(p) “Temporary Building/structure” means any building/structure of whatever size and of whatever material which the Commissioner has allowed to be built as a temporary measure in accordance with Regulation No 57.
(p)(q) "Unsafe building" means a building which-
(i) is structurally unsafe,
(ii) is insanitary,
(iii) is not provided with adequate means of egress,
(iv) constitutes a fire hazard,
(v) is dangerous to human life, 8
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(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.
(q)(r) "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.
(17)(18)"Building line" means the line up to which the plinth of a building extends in any development.
(18)(19)"Built-up area" means the area covered by a building on all floors including cantilevered portion, if any, but excluding cladding and the areas specifically exempted under these Regulations for the purpose of computation of FSI.
(19)(20)"Cabin" means a non-residential enclosure constructed of non-load bearing partitions.
(20)(21)“Canopy” means a cantilevered projection over any building entrance.
(21)(22) "Carpet area" means the net usable floor area of a unit within a building excluding that covered by the walls or any other areas specifically exempted from floor space index computation in these Regulations.
"Carpet area" would have the same meaning as defined in Real Estate (Regulation and Development) Act, 2016.
Provided further that in case of redevelopment schemes under the provision of DCPR 33(5), 33(7), 33(7) (A), 33(9), 33(9)A, 33(10), 33(10)A for the purpose of rehabilitation area and incentive thereon only, "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.
(EP-5)
(22)(23) "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.
(23)(24) "Chajja" means a structural overhang provided over openings on external walls for protection from the weather.
(24)(25) "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 and an outer chowk having one unenclosed side.
(25)(26) "Chute" means a vertical system passing from floor to floor provided with ventilation and inlet openings for receiving refuse from successive floors with or 9
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 without sprinklers for cleaning and ending at the ground floor on the top of the collecting chambers.
(26)(27) “Cluster” means any defined area with proper access comprising dwelling units, buildings, chawls, etc.
(27)(28) "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.
(29) Commissioner means Municipal Commissioner of Greater Mumbai or any other officer designated by him.
(28)(30)"Contiguous holding" means contiguous piece of land under one ownership irrespective of separate property register cards.
(29)(31) “Conversion” means the change of occupancy or premises to any occupancy or use requiring development permission.
(30)(32) "Convenience shopping,” means shops, each with a carpet area not exceeding 50 30 sq. m except where otherwise indicated and comprising those dealing with day to day requirements, as distinguished from wholesale trade or shopping, provided on the ground and/or first floor of building with internal means of access. It includes- (EP-6)
(i) Food grain or ration shops,
(ii) Pan shops.
(iii) Shops for collecting and distribution of clothes and other materials for cleaning and dyeing establishments.
(iv) Tailor or darner shops.
(v) Groceries, confectioneries, wine and general provision shops
(vi) Hair dressing saloons and beauty parlours.
(vii) Bicycles hire and repair shops.
(viii) Vegetable and fruits shops.
(ix) Milk and milk products shops.
(x) Medical and dental practitioners’ dispensaries or clinics, pathological or diagnostic clinics and pharmacies, each with a carpet area not exceeding 100sq.
m.
(xi) Florists.
(xii) Shops dealing in ladies’ ornaments such as bangles, etc.
(xiii) Shops selling bakery products.
(xiv) Newspaper magazines stalls and circulating libraries.
(xv) Books and stationery shops or stores.
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PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(xvi) Cloth and garment shops.
(xvii) Plumbers', electricians, radio, television and video equipment repair shops and video libraries.
(xviii) Restaurants and eating houses of area not exceeding 100150 sq. m
(xix) Shoes and sports shops each with a carpet area not exceeding 100 sq. m.
(xx) Coaching Classes with a carpet area not exceeding 100 sq. m.
(xxi) Gymnasium not exceeding 150 sq. m.
(xxii) Any other shop covered under the definition of convenience shopping, to whom license under the shops and establishment has been issued under the MMC Act.
With the approval of the Corporation special permission, the Commissioner may from time to time add to, alter or amend the above list.
(31)(33) "Corridor” means a common passage or circulation space including a common entrance hall.
(32)(34) "Courtyard" means a space permanently open to the sky within the site around a structure or surrounded by structure and may be paved/concreted.
(33)(35) “Curb Cut” means a small solid (usually concrete) ramp that slopes down from the top surface of a side walk or footpath to the surface of an adjoining street. It is designed for ease of access for pedestrians, bicyclists and differently abled people.
(36) “Demonstrable Hardship” Demonstrable hardship means plot under development/ redevelopment affected due to Nalla, Nallah/river buffer, road widening, height restriction due to statutory restriction as per these Regulations such as railway buffer, height restrictions in the vicinity of Airport, height restriction in the vicinity of defence establishments, and/or any other restrictions as per the provisions of these Regulations affecting the project, odd shape plot, rehabilitation of existing tenants/occupants on small size plot/s . This list is illustrative & not exhaustive.
(EP-7)
(34)(36) “Designation” means a public amenity provided or aided by an Appropriate Authority on a parcel of land.
(35)(37) “Developer/Builder/Project Proponent” means the person who is legally empowered to carry out the development.
(36)(38) "Dharmashala" means a building used as a place of religious assembly, a rest house, a place in which charity is exercised with religious or social motives, or a place where in a certain section of people have a right of, or are granted, residence without payment or on nominal payment.
(37)(39) "Drain" means a system or a line of pipes, with their fittings and accessories such as manholes, inspection chambers, traps, and gullies, floor traps used for 11
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 drainage of buildings or yards appurtenant to the buildings within the same curtilage. A drain includes an open channel for conveying surface water or a system for the removal of any liquid.
(38)(40) “Dwelling Unit/Tenement” means an independent housing unit with separate facilities for living, cooking and sanitation.
(41) “Eating House” means any premises where any kind of food is prepared or supplied for consumption of public for the profit or gain of any person owning or having an interest in or managing such premises.
(39)(42) "Enclosed staircase" means a staircase separated by fire resistant walls and door from the rest of the building.
(43) “Energy Efficient Building” means the building (having connected load 100 KW or greater and having conditioned area of 1000 sq. m or more) compliant with the provisions of ECBC code.
(40)(44) “Escalator” means a power driven, inclined, continuous stairway used for ascending or descending between floors or bridge over the road/railway line.
(41)(45) "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.
(42)(46) "Existing building" means a building or structure existing authorisedly before the commencement of these Regulations.
(43)(47) "Existing use” means use of a building or a structure existing authorisedly before the commencement of these Regulations.
(44)(48) "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 a 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.
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PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(45)(49) "External wall" means an outer wall of a building not being a partition wall even though adjoining a wall of another building and also means a wall abutting on an interior open space of any building.
(46)(50) "Fire and/or emergency alarm system" means an arrangement of call points or detectors, sounders and other equipment for the transmission and indication of alarm signals, activated automatically or manually in the case of fire or other emergency.
(47)(51) "Fire Booster pump" means a mechanical/electrical device installed at intermittent level to boost up the water pressure so as to achieve the required pressure of 3.2 kg/cm2 at the top level of high rise building or at the nearest point.
(48)(52) "Fire lift" means a special lift designed for the use of fire service personnel in the event of fire or other emergency.
(49)(53) "Fire proof door" means a door or shutter fitted to a wall opening, made of fire resistant material to prevent the transmission and spread of heat and fire for a specified period.
(50)(54) "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 high rise building.
(51)(55) "Fire resistance" means the duration of time 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.
(52)(56) "Fire separation" means the distance in meters 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.
(53)(57) "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.
(54)(58) "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.
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PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(55)(59) “Fitness centre/Yogalaya 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, reading and such other activities as may be permitted by the commissioner from time to time
(56)(60) "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.
(57)(61) "Floor space index (FSI)" means the quotient of the ratio of the combined gross floor area of all total covered area on all floors combined gross floor area of all floors, excepting areas specifically exempted under these Regulations, to the gross area of the plot, viz.:
Total covered area on all floors Floor Space Index (FSI) = --------------------------------------- Gross Plot area (EP-8)
(58)(62) "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.
(59)(63) "Foundation" means that part of the structure which is in direct contact with and transmitting loads to the ground.
(60)(64) "Front Open Space" 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.
(65) “Fungible Compensatory Area” means any built-up area permitted over and above the admissible FSI by a special permission of the Commissioner in accordance with the Regulation No. 31(3).
(66) “Irrevocable Consent” means any consent given by the eligible tenants/occupants/slum dwellers/members of society etc. independently or collectively in the form of legal instrument, duly registered as per the relevant provisions of the Regulation are of irrevocable in nature and the same cannot be withdrawn on one or other pretext subsequently and however such withdrawal can be accepted by the certifying department on being satisfied 14
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 such consents were given on misrepresentation and/or such consent/s are not tenable on valid grounds.
(61)(67)(66) "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.
(62)(68) (67) “Gaothan” means portion of the land shown as such in the Revenue Records.
(63)(69) (68) "Garage-Private" means a building or a portion thereof designed and used for the parking of vehicles.
"Garage" means a place within a project having a roof and walls on three sides for parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas.
(64)(70) (69) "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.
(65)(71) (70) “Grey Water” means waste water from kitchen sink, bathrooms, tubs, showers, wash basins, washing machines, and dish washers excluding the waste water from water closet (W.C.).
(66)(72) (71) "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.
(67)(73) (72) "Hazardous material" meansi) 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.
(68)(74) (73) "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 15
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 to the building to the top of topmost terrace level 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.
(69)(75) (74) "Height of a room" means the vertical distance measured, from the finished floor surface to the finished ceiling/soffit of slab. 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.
(70)(76) (75) “High Rise Building” means a building having height more than 32m above the average surrounding ground level.
(71)(77) (76) "Home occupation" means customary services provided to the general public other than that of eating or a drinking place, 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 and subject to such terms and conditions as may be prescribed.
(72)(78) (77) Information Technology Establishment means an establishment which is in the business of developing either software or hardware or providing IT Enabled services.
(79) "Layout/Plot Recreational Ground/Open space,” means an area forming an integral part of a site left open to the sky and used for recreation, excluding terraces.
(80) (78) “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.
(73)(81) (79) "Licensed Surveyor/Engineer/Structural Engineer/Supervisor" means a qualified surveyor, engineer, structural engineer or supervisor, licensed by the Commissioner.
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PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(74)(82) (80) "Lift or Elevator" means an appliance designed to transport persons and materials between two or more levels in a vertical or substantially vertical direction by means of guided car or platform etc.
(75)(83) (81) "Loft" means a structure providing intermediate space in between two floors with maximum height of 1.50 m, without having permanent access.
(76)(84) (82) “Mall” means a large enclosed area comprising shopping, entertainment, eating facilities and facilities incidental thereto.
(77)(85) (83) “Marginal Open Space/Distance” means the minimum distance measured between the front, rear and sides of the building line and the respective plot boundaries
(78)(86) (84) “Multiplex/Multiplex Theatre Complex (MTC)” means a place of public entertainment for the purpose of exhibition of motion picture with multiple screens and or dramas and other social or cultural programs as described in Bombay Entertainment Duty Act 1923.
(87) (85) “Noise barrier” means an exterior structure/part of structure designed to protect inhabitants of sensitive land use areas from noise pollution.
(86)"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.
(79)(88) (87) “Non-Conforming User” means any lawful use/building existed on the site but which does not conform to the zoning shown in the Development Plan.
(80)(89) (88) "Occupancy" or "Use" means the principal occupancy or use for 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.
(81)(90) (89) "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.
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PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(82)(91) (90) "Parapet" means a low wall or railing built along the edge of the roof or a floor.
(83)(92) (91) "Parking space,” means an enclosed or unenclosed, covered or open area or area provided by mechanical means 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.
(84)(93) (92)"Partition" means an interior non-load bearing barrier, one storey or part storey in height.
(85)(94) (93)"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, on its planned demolition to become a permanently open air space, be treated as if it were already such a place.
(86)(95) (94) "Permission” means a valid permission or authorisation in writing by the competent authority to carry out development or a work regulated by the Regulations.
(87)(96) (95) "Plinth" means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground or basement or any storey level.
(88)(97) (96)"Plinth area" means the built-up covered area measured at the plinth level.
(89)(98) (97) "Porch" means a covered surface supported on pillars or otherwise for the purpose of a pedestrian or vehicular approach to a building.
(90)(99) (98) “Podium” means a one or more floors of a building extending beyond building line/s used for parking, providing other services and incidental purposes as prescribed under these Regulations.
(91)(100) (99) “Professionals on Record” means the persons educationally, technically and experientially qualified to perform a designated skilled job and who are appointed by the Owners/Developers and are responsible for the work carried out by his/her subordinates or team, such as Architects, Town Planner, Licensed 18
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 Surveyors, Engineers, Structural Engineers, Fire Protection Consultants, etc.
registered with the Competent Authority wherever applicable and under taking the responsibility for the particular work as prescribed by the Appropriate Authority in these Regulations.
(92) "Recreational Open space,” means an area forming an integral part of a site left open to the sky and used for recreation, excluding terraces.
(93)(101) (100) “Refuge Area” means an area within the building for a temporary use during egress. It generally serves as staging area which is protected from the effect of fire and smoke. area where persons can gather and await instructions or assistance for evacuation during fire.
(94)(102) “Reservation” means plot of land proposed to be developed for a public purpose and so depicted on the Development Plan or as provided under these Regulations.
(95)(103) (101) "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.
(96)(104) (102) "Road/Street" means any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square, place or bridge, tunnel, underpass, elevated road 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, hedges, retaining walls, fences, barriers and railings within the street lines.
(97)(105) (103) "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.
(98)(106) (104) "Road/Street line" means the line defining the side limits of a road/street.
(99)(107) (105) "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.
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PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(100)(108) (106) "Row housing" means a row of houses with only front, rear and interior open spaces.
(101)(109) (107) “Sanctioned or Approved Plan” means the set of plans in connection with a development which are duly approved and sanctioned by the Planning Authority.
(102)(110) (108) "Service road" means a road/lane provided at the front, rear or side of a plot for service purposes.
(103)(111) (109) "Site/Plot" means a parcel or piece of land enclosed by definite boundaries.
(104)(112) (110) "Site, Corner" means a site at the junction of land fronting on two or more roads or streets.
(105)(113) (111) "Site, Depth of” means the mean horizontal distance between the front and rear site boundaries.
(106)(114) (112) "Site with double frontage" means a site having a frontage on two streets other than a corner plot.
(107)(115) (113) "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.
(108)(116) (114) "Smoke-stop door" means a door for preventing or checking the spread of smoke from one area to another.
(117) (115) “Solar Energy System” means a device to heat the water or generate power using solar energy.
(109)(118) (116) "Stair–cover/Stair case Room" 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.
(110)(119) (117) “Stilt” means a space within framework of columns, beams and slabs without enclosure of walls over which the building rests. It is used for parking purposes/other services as provided under these Regulations.
(111)(120) (118) "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.
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PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(121) (119) "Sub-station" means a station for transforming or converting electricity for the transmission or distribution thereof and includes transformers, converters, switchgears, capacitors, synchronous condensers, structures, cable and other appurtenant equipment and any buildings used for that purpose and the site thereof.
(122) (120) “Tenement” means an independent dwelling unit with a kitchen or a cooking alcove.
(112)(123) (121) "Theatre" means a place of public entertainment for the purpose of exhibition of motion picture and or dramas and other social or cultural programs.
(113)(124) (122) "Tower-like structure" means a structure in which the height of the tower-like portion is at least twice that of the broader base.
(114)(125) (123) "Travel distance" means the distance from the entrance/exit of the remotest Apartment/office/unit/Premises 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.
(115)(126) (124) "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.
(116)(127) (125) "Water closet (W.C.)" means a privy with an arrangement for flushing the pan with water, but does not include a bathroom.
(117)(128) (126) "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.
(118)(129) (127) "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.
(119)(130) (128) "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.
(120)(131) (129) “Wing of a building” means part of a building with independent access, staircase & lift connected to other parts with common basement/stilt/ podium/terrace/common wall/connecting passages.
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PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
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 shall 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 or voluntary 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 Regulation no 33(6).
(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. 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, typing, e-communication and "signature" includes e-signature, digital signature and 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 22
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 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.
(4) In the case of provisions of other Acts/Rules/Regulations which are incorporated in these Regulations wherever applicable, the amendments made subsequently in parent Acts/Rules/Regulations, will automatically be applicable to these Regulations.
(5) If there is a conflict in interpretation of any clause between English & Marathi versions of these Regulations, then the interpretation of English version shall prevail
5. 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.
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 application of the Regulations or in interpretation 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;
(EP-9)
6. Discretionary powers
(a) In conformity with the intent and spirit of these Regulations, the Municipal Commissioner may: -
(i) modify the limit of a zone where the boundary line of the zone divides a plot, village boundary, CS/CTS No. as per records of revenue by a special permission;
and
(ii) authorize the erection of a building or the use of premises for a public service undertaking, Government, Semi-Government, Local Bodies for public utility 23
PART-I ADMINISTRATION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 purposes only, where he finds such an authorization to be reasonably necessary for public convenience and welfare, even if it is not permitted in any land use classification/zone by a special permission.
(iii) 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 application of the Regulations or in interpretation of these Regulations:
(iv) interpret the provisions of these Regulations where a street layout actually on the ground varies from the street layout shown on the development plan;
(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.
(c) Any discrepancy/error in regard to location/size/use of designations and any relocation of reservation approved by the competent authority along with its development at its relocated position if not reflected in this Development Plan and that are brought to the notice of the Development Department of MCGM may, after due enquiry, be corrected with the approval of the special permission of the Municipal Commissioner.
Provided that the Municipal Commissioner shall issue a well-reasoned order of such correction, along with the authenticated part plan showing the location under his seal and signature, with a copy to the Govt., Director of Town planning, Maharashtra State, Deputy Director of Town Planning, Greater Mumbai for information and record purpose. The proposal of Development Plan shall stand modified to that effect.
7. 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.
8. Amendment/modification to Appendices/Annexures 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 thereunder, the Commissioner may, from time to time, add to, alter or amend Appendices and Annexures appended to these Regulations.
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PART II DEVELOPMENT PERMISSION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
PART II DEVELOPMENT PERMISSION
9. 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 of land or cause the same to be done without obtaining 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, emergency/essential staff quarters by the following organizations, authorities or departments, whether temporary or permanent, may be exempted by special permission of the Commissioner in each case from the purview of these Regulations, except those relating to floor space index and fire precautions:
i. Railways;
ii. National Highways;
iii. National Waterways;
iv. Major ports;
v. Aerodromes and Airports;
vi. Posts and Telegraphs, Telephones, Television, Wireless, Broadcasting authorities and the authorities of other similar forms of communication;
vii. Regional grids, towers, gantries, switchyards, control room, Relay room for transmission, distribution, etc. of electricity;
viii. Defence Authorities;
ix. Any other essential public services as may be notified by the State Government.
x. Metrorail Administration(MRA)/Project Implementing Agency designated by the Government for the Metro Rail and Monorail/Light Rail Transit (LRT) Projects.
xi. Facilities & services of Municipal Corporation of Greater Mumbai such as Roads, Water Supply, Sewerage, Storm Water Disposal and any other essential public services as decided by the Municipal Commissioner.
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PART II DEVELOPMENT PERMISSION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 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 organizations, authorities or departments listed above are exempted from the purview of these Regulations except those relating to floor space index and fire precautions:
(i) Repairs and renovation of existing installations of buildings used for operational purposes alone and which do not involve addition to or increase of built-up areas.
(ii) In the case of the Railways/Metro Rail and Monorail/LRT Authority:
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, footover 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 equipment for traction.
d) Operational Control Centre, Playback Training Room, Stabling Yards, Maintenance Workshop, Auto wash plant, Auxiliary Rail Vehicle Building, Under Floor Wheel Lathe & Blow Down Plant, Cooling Tower, Generator Area, Auxiliary Substation, Traction Substation, Transformer Area, Water Treatment Plant, Wastewater Treatment Plant, Depot, Control Centre, Sump Area, Parking Check post, Loading & Unloading Areas, Fouling Points, DG Set Rooms, Metro& Mono Stations(Underground& Elevated),Viaduct & Tunnel, Ventilation Shaft, Entry/Exit Block, Passages, Underground Passages to Station Box, Lift/ Staircases, Escalators ,Air Handling Unit.
(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.
26
PART II DEVELOPMENT PERMISSION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 Further provided that, the following constructions by the organizations, authorities or departments listed in sub-Regulation (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 organizations, 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) Exclusion from requirement of permissions: -No permission shall be required to carry out tenantable repair works to existing buildings, which have been constructed with the approval from the competent authority or are in existence since prior to 17.04.1964 in respect of residential structures and 01.04.1962 in respect of non-residential structures, as described under section 342 of MMC Act
1888.
No permission shall be required for provision of safety grills to window/ventilator.
No permission shall be required for repairs to the Existing Consumer/Distribution/Receiving Substation of the BEST/Electric Supply Company.
However, no addition/alteration shall be permissible without the approval of the Commissioner.
No permission shall be required for providing fencing, construction of compound wall along CTS/CS boundaries of land under his ownership, installation of Solar Panels having base of solar panel at height 1.8m from terrace, ensuring structural stability from the Licensed Structural Engineer.
(EP-10) No permission shall be required for internal light weight partitions/cabins up to height of 2.2 in the commercial building/establishment subject to structural stability from the Licensed Structural Engineer.
(5) Validity of development permission: The development permission granted in the past shall be governed by the provision of section 48 of the MR&TP Act, 1966.
Where development has commenced as per the development permission/ IOD issued prior to publication of these Regulations, the CC shall be issued or revalidated till completion of development in accordance with the plans/concessions approved for full permissible FSI, in respect of the said IOD as per the then Regulations.
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PART II DEVELOPMENT PERMISSION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 (EP-11)
(6) Applicability to partially completed works:
(a) For works where development permission IOD/IOA/LOI has been issued or for partially completed works, started with due permission before these Regulations have come into force, the developer/owner may continue to complete the said works in accordance with the conditions under which permission stood granted.
However, the period of the development permission granted shall not exceed that specified in section 48 of the MR&TP Act, 1966 or at the option of owner/developer, the proposal can be converted as per DCPR-2034 in toto.
(EP-12)
(b) In case of such plots or layouts that started with due permission before these Regulations have come into force, where part development is completed and full Occupation Certificate or Building Completion Certificate is granted or building/buildings stand assessed to the Municipal taxes, and if the owner /developer thereafter seeks further development of plot/layout as per these Regulations, then the provision of these Regulations shall apply to land excluding the land component of such buildings.
Provided further that in case of building/buildings where development permission is granted but full occupation or completion certificate is not granted or are not assessed to the Municipal taxes and if owner/developer seeks further development under these Regulations, then the entire development shall have to be brought in conformity with these Regulations.
(b) In case of such plots or layouts that started with due permission before DCPR 2034 have come into force, where part development is completed and part or full Occupation Certificate or Building Completion Certificate is granted or building/buildings stand assessed to the Municipal taxes, and if the owner /developer, at his option, thereafter seeks further development of plot/layout/buildings as per DCPR 2034, then the provision of DCPR 2034 shall apply to the further development. The development potential of the entire plot shall be computed as per DCPR 2034 from which the sanctioned FSI as per the approved plans in respect of building(s) having part and / or full Occupation Certificate or Building Completion Certificate or building/buildings stand assessed to the Municipal taxes shall be deducted to arrive at the balance development potential of the plot.
(EP-13)
(7) The reservations in the DP-2034 is kept for private persons/institutions then such reservation will laps and development on such plots will be allowed as per the adjoining zone of the said land as per DCPR-2034.
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PART II DEVELOPMENT PERMISSION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 (EP-14)
Provided further that in case of building/buildings where development permission is granted but full occupation or completion certificate is not granted or are not assessed to the Municipal taxes and if owner/developer seeks further development under these Regulations, then the entire development shall have to be brought in conformity with these Regulations
10. Procedure for obtaining Development Permission and Commencement Certificate.
(1) Notice of intention: Every person who intends to carry out development or redevelopment, erect or re-erect a building or alter any building or part of a building shall give notice in writing to the Commissioner of his said intention in the form in Appendix II and such notice 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. The Commissioner may set a date after which all submissions, approvals and communication in regard to development permission shall be on line.
(2) Copies of plans and statements:
(i) Notice: The notice referred to in sub Regulations (2) of Regulation No 11 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.1
(1) Designation
(2) Trimmed Size (mm)
(3) 1 2 3 4 5 A0 A1 A2 A3 A4 841-1189 594-841 420-594 297-420 210-297 If necessary, submission of plans on sheets bigger than A0 size is also permissible.
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PART II DEVELOPMENT PERMISSION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(iii) Colouring notations for plans: The plans shall be coloured as specified in Table 2 hereunder. The prints of the plans shall be on one side of the paper only.
TABLE 2 Colouring of Plans Sr.
No.
(1) Item
(2) Site Plan
(3) Building Plan
(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. - (i) Site plans/building plans may be submitted in the form of Ammonia prints/Blue prints or White plans.
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PART II DEVELOPMENT PERMISSION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(ii) 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, sub-division/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 a copy of certificate of the title of the land under development, obtained from an Advocate who has experience in this field of a minimum 10 years. In case the application for Development Permission or Commencement Certificate is submitted by the holder of power of attorney, then a certificate from an Advocate certifying that the power of attorney in favour of the applicant is valid and subsisting shall be accompanied. In addition to above the certificate, the following documents for verifying the area of the land shall be submitted, accompanied by an Indemnity Bond indemnifying MCGM and its officer against legal consequences on account of ownership disputes, if any. of 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) Title clearance certificate with title search from Solicitors/Advocate on record;
(EP-15) a) Property register card of a date not earlier than twelve months prior to the date of submission of the development proposal;
b) Statement of area of the holding by triangulation method from a licensed surveyor or architect with an affidavit from the owner as certifying the boundaries of the plot and area well as from licensed surveyor or architect in regard to the area in the form prescribed by the Commissioner;
c) Affidavit from the owner regarding non-holding of contiguous land to the site under development.
d) CTS/CS plan in original. If there is any sub-division due to ownership, documents related to sub-division.
31
PART II DEVELOPMENT PERMISSION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034 e) In case of property owned by more than one owner, certificate from an advocate who has experience in this field of a minimum 10 years, certifying that all co-owners have consented for development.
f) In case of tenanted properties to be developed under Reg. No. 33(7), 33(9), certificate from MHADA/Land owning public authority, certifying that at least 70% 51% of the certified and eligible tenants of the property/each building have granted irrevocable consent for development in favour of owner/developer & in case of tenanted properties to be developed under Reg. No. 33(9) certificate from MHADA/Land owning public authority, certifying that at least 51% of the certified and eligible tenants of the property/each building & overall 70% eligible tenants have granted irrevocable consent for development in favour of owner/developer.
(EP-16) g) In case of properties owned by co-operative societies, certificate from an Advocate who has experience, in this field, of a minimum 10 years, confirming that the registered society/society on the plot of development have entered into registered agreement with the developer wherein it has granted permission for development of the project and at least 70% of member of the society present in a Special General Body Meeting convened for the purpose, have approved development and have consented in favour of the development by the applicant.
h) In case of properties situated in the layout and owned by MHADA/Land owning public authority, a certificate from MHADA or land owning public authority certifying that minimum 70% 51% of the certified and legal occupants of the property have granted consent in favour of owner/developer.
(EP-17) i) 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.
j) Any other documents as may be prescribed by the Commissioner;
k) Declaration cum affidavit from the owner/developer/applicant stating therein that construction materials like sand/aggregate will be obtained from the authorized quarry.
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PART II DEVELOPMENT PERMISSION DCPR-2034 Draft Development Plan 2034 Municipal Corporation of Greater Mumbai Development Control and Promotion Regulation-2034
(iii) Key plan or location plan-A Key plan drawn to a scale of not less than 1:
4000 shall be submitted along with the application in Appendix II for development permission and commencement certificate showing the boundary, locations of the site with respect to neighborho