0% found this document useful (0 votes)
624 views37 pages

Chapter - 14 Special Schemes

This document outlines regulations for Integrated Township Projects (ITPs) in Maharashtra, India. Some key points: 1) ITPs must be on contiguous land parcels of at least 40 hectares. The land can be divided but parcels must be 40+ hectares and within 5km of each other. 2) The project proponent must have ownership of all lands under the project, either through direct ownership, development agreements, or power of attorney. 3) Developers must apply to the state government for permission and declaration of the project as an ITP. The application requires various documents demonstrating land ownership and ensuring the land does not include restricted areas.

Uploaded by

Amol Jadhav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
624 views37 pages

Chapter - 14 Special Schemes

This document outlines regulations for Integrated Township Projects (ITPs) in Maharashtra, India. Some key points: 1) ITPs must be on contiguous land parcels of at least 40 hectares. The land can be divided but parcels must be 40+ hectares and within 5km of each other. 2) The project proponent must have ownership of all lands under the project, either through direct ownership, development agreements, or power of attorney. 3) Developers must apply to the state government for permission and declaration of the project as an ITP. The application requires various documents demonstrating land ownership and ensuring the land does not include restricted areas.

Uploaded by

Amol Jadhav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 37

UDCPR-2020

CHAPTER – 14
SPECIAL SCHEMES

14.1 INTEGRATED TOWNSHIP PROJECT (ITP)


14.1.1 For Regional Plan Area
14.1.1.1 Applicability:-
These regulations shall be applicable to the areas under Regional Plan sanctioned under the
provisions of Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as
―the said Act‖).
Provided that, if the Development Control Regulations regarding development of Integrated
Township Project for an area over which a Planning Authority/Special Planning
Authority/Area Development Authority has been appointed or constituted or deemed to have
been appointed are yet to be sanctioned, then in considering the application for permission,
these regulations, shall be applicable, mutatis mutandis, till such Authority adopts the
Regulations in this regard.
If the ITP falls within the jurisdiction of more than one authority then in such cases
Government can issue directives at the time of Locational Clearance or at any time regarding as
to which authority shall give permission and supervise the project subject to terms and
conditions as may be specified.
14.1.1.2 Requirements of Site:-
The area proposed for Integrated Township shall fulfil the following requirements:-
i) Any suitable area having area of 40 hect. (100 Acres) or more at one place.
ii) The area shall be one, contiguous, unbroken and uninterrupted. Provided that, such area if
divided by one or more water courses (such as nallah, canals, etc.), existing or proposed
roads of any width or by railways, pipeline etc., shall be treated as one, contiguous,
unbroken and uninterrupted, subject to condition that the Project Proponent/s shall
construct necessary connecting roads or bridges as per site requirements at his own cost
with due permission from concerned authorities. Integrated Township area may also
include;
a) Lands in afforestation zone provided that such land is not a forest land and subject
to no construction being allowed on land having slope more than 1:5.
b) Lands within the buffer zone of National Park subject to restriction on
development permissible in such buffer zone and subject to NOC of Forest
Department.
c) Tribal land subject to permission granted under MLR code, Government lands
allotted to project proponent subject to Regulation No. 14.1.1.13 (ii).
d) Private forest land that have been restored back after completion of section 22(a)
Enquiry of Maharashtra Private Forest Act, 1975 shall be allowed to be part of the
ITP with the condition that development permission shall be granted on such land
only after necessary permission under the provision of Forest Conservation
Act,1980.

257
UDCPR-2020

e) Buffer zone of Eco-sensitive Zone notified subject to all restriction on


development and FSI permissible in such buffer zone.
f) Areas under flood line/ flood zone subject to clearance from Water Resource
Department.
g) Areas under Hill Top/ Hill Slope Zone, and (b), (e), (f) mentioned above as shown
on Regional Plan/Development Plan subject to condition as mentioned in
Regulation No. 14.1.1.7 (i) (c) However total of these areas shall be restricted to
maximum 40% of total area under ITP.
iii) If the Integrated Township area is more than 200 Ha., it can be segregated as long as each
parcel is more than 40 Ha. and is located within a radius of 5 kms. Provided that the land
use mix is maintained in each parcel.
iv) The area shall have an access by means of an existing, or proposed road having minimum
width of 18 m. In case of proposed road, such area shall have an access by existing road
having width 12 m. for the purpose of declaration locational clearance and LoI of such
project but it is necessary for the project proponent to have an existing access of 18 m.
before sanction of Commencement Certificate to the FSI beyond 25% of project.
Provided that Government land or land belonging to tribal can be considered for the
purpose of road if there is a registered Agreement. However development permission
shall be granted only after due permission of appropriate authority is given.
v) The ITP Area shall not include the area under:-
a) Notified forest, (excluding the private forest land subject to NOCs of forest
Department.)
b) Water bodies like river, creek, canal, reservoir, etc. Mangroves, Tidal Zone, Mud
Flats
c) The area under Notified National Parks.
d) Defence Estates
e) Cantonment Boards
f) Any restricted area.
g) Quarry Zone, Notified SEZ, designated port/harbour areas, wildlife corridor and
biosphere reserves, Gaothan/Congested Area.
h) The historical and archaeological places notified under the relevant act.
i) Any other area that may be declared by the Govt. of Maharashtra from time to
time.
14.1.1.3 Ownership of Lands:-
The project proponent/s shall have the ownership of all the land parcels under project.
(Explanation - for this clause, ownership includes rights accrued vide one or more registered
Development Agreement/s or Power of Attorney (PoA) for such development and disposal, on
behalf of land owner/owners).
14.1.1.4 Permission and Declaration of Project by State Government
i) The Project Proponent/s shall apply to the State Government for obtaining permission and
declaration of such project to be a ―Integrated Township Project‖. Such application shall
be accompanied by the following attested documents in two sets:-

258
UDCPR-2020

a) Details of ownership of land viz. extracts of V.F.No. 7/12 or Property Register


Cards, in original having date not more than six months prior to the date of
submission. In case of rights accrued through registered Development Agreement
or PoA, attested copies of such documents.
b) Self-attested list of S.No./G.No./CTS showing name of owner as per record of
rights, total area of such land parcel, area owned by the applicant in such land
parcel, the name of person/ company owning the Development Rights, area
proposed to be included in project from such land parcel.
c) Part plan of sanctioned Regional Plan, showing all the lands falling in the project.
d) No Objection Certificate from the officer at Divisional level, Water Resources
Department in respect of lands falling in ―Command Area‖ of any Irrigation
Project unless these powers are exercisable by the higher authority.
e) Village maps showing the lands falling in the project.
f) Certificate from concerned Forest Officer not below the rank of Dy. Conservator of
Forests at Divisional level (unless these powers are exercisable by higher
authority), showing that the lands under project do not form part of and not
included in reserved forest or protected forest or non-classified forest or not
acquired under the provisions of the Maharashtra Private Forest (Acquisition) Act,
1975 and also, confirming that such lands do not form part of the Notified National
Parks, prohibited area of Notified Wildlife Sanctuaries and Notified Bird
Sanctuaries.
g) Certificate from the concerned revenue officer not below the rank of Tahasildar,
showing the lands under project do not include lands belonging to tribal or that
tribal land included in ITP have necessary permission under MLR code.
h) Certificate from the Director of Archaeological Department, Maharashtra State,
showing that the lands under project do not include monuments notified by the
Archaeological Department, Heritage buildings and Precincts. Such certificate
should also mention the distance to be kept around such places, if any.
i) Receipt of processing fee (non-refundable) paid, at the concerned branch office of
the Town Planning Department, at the rate of Rs.5000/- per ha. for the current year
with the yearly rise of Rs.500/- per ha. starting from the month of January every
year.
ii) On receipt of an application under Clause (i) above, the Government may, after consulting
the Director of Town Planning, Maharashtra State, by notification in the Official Gazette,
grant the Locational Clearance and declare such project to be a ―Integrated Township
Project‖, subject to such general and/or special conditions or, reject the application, under
the provisions of Section 18(3) of the said Act, within a period of 90 days from the date
of receipt of application or reply from the Project Proponent/s in respect of any
requisition made by the Government, whichever is later. If the project proponent fails to
comply with the conditions specified while granting location clearance within the
specified time limit, then in such cases location clearance given earlier stands
automatically cancelled and no refund or adjustment of premium/ fees/ expenses etc. shall
be eligible.
(Explanation - In circumstances described in Clause (ii) above, such grant of permission
and declaration of project shall be made under the provisions of Section 18(3) of the
Maharashtra Regional and Town Planning Act, 1966 )

259
UDCPR-2020

iii) Every such permission and declaration shall remain in force for a period of two years, if
not applied for Letter of Intent under Regulation No. 14.1.1.5, from the date of issue of
Locational Clearance Notification and thereafter it shall lapse.
Provided that, the Director of Town Planning, Maharashtra State, Pune may, on
application made by Project Proponent/s before expiry of the above period extend such
period by two years in aggregate. Provided also that, it is not mandatory on Project
Proponent/s to submit all the papers afresh as prescribed under Clause (i) above, however
the affidavit regarding the ownership of land about any dispute shall be mandatory.
iv) Such lapse shall not bar any subsequent application for fresh proposal.
v) The Director of Town Planning, Maharashtra State, on the request of Project Proponent/s,
by notification in the Official Gazette, may grant to add or delete any area, not exceeding
50%of the total area under Locational Clearance, subject to condition that the remaining
area shall not be less than 40 Hect. The permissible FSI and other parameters shall
increase or decrease accordingly.
14.1.1.5 Letter of Intent (LOI) by the Collector
i) The Project Proponent/s shall apply to the Collector for obtaining the Letter of Intent for
such project. Such application shall be accompanied by the ownership documents as
prescribed in Regulation No. 14.1.1.4 (i)(a) & (i) (b) and with locational clearance
notification issued by the Government.
ii) The Collector shall verify and satisfy himself that Ownership and Development Rights of
all the lands under project are with the Project Proponent/s before issuing the Letter of
Intent.
iii) On receipt of an application under Clause (i) above, the Collector shall grant the Letter of
Intent for the whole area or separately for any part thereof, which shall not be less than 40
Ha. at the first instance, subject to conditions as may be deem fit, or reject the
application, within a period of 45 days from the date of receipt of application or reply
from the Project Proponent/s in respect of any requisition made by the Collector,
whichever is later.
Provided that, in case of rejection, the Collector shall mention the grounds for such
refusal.
iv) Every such Letter of Intent shall remain in force for a period of two year, if not applied
for Development Permission under Regulation No 14.1.1.6, from the date of issue of
Letter of Intent, unless renewed. Provided that, the Collector may, on application made
by Project Proponent/s before expiry of the above period extend such period by two years
in aggregate. Provided also that letter of intent granted by collector under earlier
regulations may also be extended subject to other conditions of these regulations.
14.1.1.6 Master Layout Plan Approval by the Collector:-
i) The project proponent/s shall apply to the concerned Collector for obtaining the approval
to the Master Layout Plan of the entire area as per Letter of Intent. Such application shall
be accompanied by the documents in two sets as prescribed below:-
a) Attested copy of Gazette Notification issued by the Government under Regulation
No. 14.1.1.4(ii).
b) Attested copy of Letter of Intent issued by Collector under Regulation No.14.1.1.5.

260
UDCPR-2020

c) Part plan of sanctioned Regional Plan showing the lands under the Master Layout
Plan.
d) Village Map showing the lands under the Master Layout Plan.
e) In case, project has no access from existing road having right of way of 18 m. then
documents showing the ownership of Project Proponent/s in lands proposed for 18m.
wide access road.
f) Bank Guarantee of requisite amount as prescribed in Regulation No.14.1.1.12 (vi)
g) Undertaking and Affidavit as may be prescribed by the Collector.
h) Copies of Master Layout Plan with or without Building Plans in three sets prepared
and signed by expert in respective field and team headed by an Architect or Town
Planner registered with Institute of Town Planners India (ITPI)with sign of
owner/developer.
i) Contour map showing contour levels of lands under Master Layout Plan. Trueness of
the contour shall be certified and attested by the surveying agency and the Project
Proponent/s under their signature and seal.
j) Colored Google earth image/ Bhuvan image/ Drone survey image etc. showing lands
under Master Layout Plan.
k) Phased Program for development of physical infrastructure with amenities under
project, along with the project cost details.
ii) If the application is not accompanied by the documents mentioned in Regulation
No.14.1.1.6(i) above, the Collector convey the same to the Project Proponent/s
immediately within 10 working days giving specific time period for fulfilment of such
documents and if the same are not submitted by the said project proponent in given time
then return the proposal at his level only.
iii) On receipt of application, complete in all respects, as prescribed under Regulation No.
14.1.1.6(i) above, the Collector shall forward the same to the concerned Divisional Joint
Director of Town Planning for technical consultation within 10 working days.
iv) The office of the Divisional Joint Director of Town Planning shall send its remarks to
Collector within two months from the receipt of proposal from the Collector or receipt of
reply from the Project Proponent/s in respect of any requisition made by him, whichever
is later. Such master layout approval will be given with the condition that project
proponent will not commence work without environmental clearance. Such
environmental clearance shall be submitted at the time of sanction to the building
permission. Sanctioned master Plan layout along with complete set of drawings shall be
endorsed to the concerned branch office of Town Planning Department, for the further
permissions.
v) Approval to the Master Plan:- The Collector shall grant approval to the master layout or
reject the application, under Section 18 of the said Act, within one month from the receipt
of reply from the Divisional Joint Director of Town Planning as mentioned in Regulation
No. 14.1.1.6 (iv) above.
vi) Approval to the building plan:- Detailed building permission under the master layout
plan sanctioned as per Regulation No. 14.1.1.6(v) shall be granted by the Assistant
Director of Town Planning/Town Planner of concerned Branch within 30 days from the
receipt of the proposal from the project proponent as mentioned in (a) below.

261
UDCPR-2020

a) The Project Proponent/s shall apply to the concerned head of the Branch office of
the Town Planning Department, for grant of building permission, alongwith all
relevant documents and attested copy of Environment Clearance for the project
from MoEF or the Authority empowered by the MoEF.
b) The Project Proponent/s shall submit the certificate of Architect regarding
completion of plinth stating that the construction of plinth is as per the approved
building Plans to the concerned branch office of the Town Planning along with
approved Plan. The Branch Office of the Town Planning verify the same within
stipulated time period. If it is found that the construction of plinth is not as per the
building permission sanctioned, the said office shall reject such plinth checking
certificate. In such circumstances, the Project Proponent/s shall either demolish the
said plinth or get the revised plan sanction according to changes. If it is found that
the construction of plinth is as per the building permission sanctioned, then
granting the plinth checking certificate is not necessary.
14.1.1.7 Planning Considerations
i) Permissibility in respect of Zoning:-
a) Notwithstanding anything contained in any regulation for the time being in force,
the project to be notified under this regulation may be permissible in any land-use
zone/s of sanctioned Regional Plan/ Development Plan, excepting areas mentioned
in Regulation No. 14.1.1.2(v).
b) For the areas falling in zones, other than residential, commercial and U1 & U2 zone
as per the sanctioned Regional Plan the Project Proponent/s shall have to pay a
premium for permitting project in such zones at the rates prescribed below in Table
No. 14 A :-
Table No. 14 A
Sr. Type of Zone Premium
No. Charges
1 Afforestation Zone, Hill Top & Hill Slope Zone as shown 15 %
on Regional Plan / Development Plan.
2 Public / Semi-public Zone, Industrial Zone, TH & LP 8%
3 Agriculture/ No Development Zone/G1 zone / Low Density 10 %
Residential Zone / Buffer Zone of ESZ and other zones
excepting at Sr. No. a & b above.
Explanation: Premium charges shall be calculated by considering the agriculture land
rate of the said land as prescribed in Annual Statement of Rates (ASR) without applying
the guidelines. If agriculture land rate is not mentioned in ASR, in such cases the
Agricultural land rate for such land will be decided by referring the matter to the
Inspector General of Registration. Thereafter the premium will be calculated by
considering the land rate given by IGR in such cases. Out of total premium10% shall be
paid at the time of Locational Clearance, 10%paid at the time of letter of Intent, 20 %at
the time of sanctioning of Master Layout Plan and remaining 60%shall be in four equal
instalments per year and subject to interest as per Prime Lending Rate. (PLR)

262
UDCPR-2020

c) Restriction on development-No construction shall be permitted on the lands within


the HFL (Blue line),land in Hill Top & Hill Slope Zone and on lands having slope
equal to or more than 1:5 in the said Project, whether specifically marked as such
on the Regional Plan/ Development Plan or not. No development of any sort and
activity involving cutting/ levelling/ filling shall be permissible on such sloping
lands. Provided that, it shall be permissible to use such lands for Plantation, Park,
Garden purposes, access road to township development with minimum cutting and
other users as otherwise permissible in respective Regional Plan/ Development
Plans and the FSI of such lands shall be permissible to the extent as prescribed in
Regulation No. 14.1.1.7(ii).
d) In the Buffer zone of notified ESZ and in ESZ‘s, only those development activities
and FSI as permissible under MoEF notification of the ESZ (as amended from time
to time) under Environment Protection Act, 1986 shall be permitted. All the
development in this buffer zones shall be in accordance with MoEF notifications.
ii) Permissible Floor Space Index (FSI):-
a) Notwithstanding anything contained in any regulation for the time being in force, if
premium as mentioned in 14.1.1.7 (i) (b) is paid by the project proponent then the
basic permissible FSI for such project shall be 1.0 to be calculated on Gross Plot
Area under Master Layout Plan without deducting any areas under the slopes
within HFL, etc.
b) Further, additional FSI on payment of premium as mentioned below Table No. 14
B shall be permissible on payment of premium at the rate of 10% of the weighted
average land rate of the said land as prescribed in Annual Statement of Rates for
the relevant year, without applying the guidelines therein. Such premium shall be
paid at the time of Building permission.
Table No. 14 B
Area under Township Additional built-up area on
payment of premium
40 hect. and upto 200 Hector. Up to 70 % of basic permissible FSI
More than 200 hect. and upto 500 Up to 80 % of basic permissible FSI
Hector
More than 500 hect. Hector Up to 100 % of basic permissible FSI
c) Over and above the FSI as prescribed above, an additional FSI in lieu of
construction of tenements for social housing shall be permissible as prescribed in
Regulation No.14.1.1.9, without charging premium.
d) It shall be permissible to utilise the maximum permissible built-up area as
prescribed above, anywhere in the area under sanctioned Master Layout Plan.
iii) Mandatory Town-Level Amenities - Area and FSI Allocations:-
Master Layout Plan shall provide for town-level area and FSI allocation, to be kept at one
or more places, as follows :-

263
UDCPR-2020

a) Spaces for Recreation


Table No. 14 C
Sr. Particulars Minimum Area Conditions
No. Required
i Garden/s and 5% of Master Layout Out of this at least 1000 sq.m. area
Park/s Area.(out of this 50% area shall be kept open for Town
may be allowed on Hill Plaza/Town Square, at one place and
Top Hill Slope Zone, remaining area shall be kept open
Buffer Zone of ESZ and and may be allowed to be proposed
within HFL) at suitable places. Major public
amenities / activities shall be cluster
around this area.
ii Play 7.5% of Master Layout Maximum 10% of area under Play
Ground/s Area (may be allowed in Ground which may accommodate
Buffer Zone of ESZ indoor games, stadiums and allied
having slope less than 1: users only.
5)
Note - These spaces shall be exclusive of open spaces to be required at sector-level layouts.
Notwithstanding anything contained (1)UDCPR, 10% open space shall be provided in sector
level layout. Such open space shall be calculated by considering area of the sector excluding
roads in Master Layout Plan and Town Level Amenity spaces excepting Economic Activities.)
b) Spaces for combined School/s (Primary School/s + High School/s) -
Table No. 14 D
Sr. Particulars Minimum Minimum Built-up
No. Area Required Area required
i For Master Layout area of 40 Ha. 5,000 sq.m. 5,000 sq.m.
ii For Master Layout area more than To be increased proportionately with
40 Ha. increase in Master Layout area and be
proposed at one or more locations, as per
requirements.
Note-
1) The requirements prescribed above are by considering School to be run in double shift,
2) Requirement of plot area and built up area shall be exclusive of Play Ground spaces.
Hence it is mandatory to show separate Play Ground adjoining to school building at the
rate of 7 sq.m./ student.
c) Community Health Care Facilities:- Primary and Secondary Health Care
Facilities like Dispensary, Maternity Home, Hospital etc.

(1)
Substitued vide Corrigendum / Addendum No. CR 121/21, dt. 02nd December, 2021.

264
UDCPR-2020

Table No. 14 E
Sr. Particulars Minimum Area Minimum Built-up
No. Required Area required
i For Master Layout area of 40 Ha. 1,000 sq. m. 1500 sq. m.
ii For Master Layout area more than To be increased proportionately with
40 Ha. increase in Master Layout area and be
proposed at one or more locations, as per
requirements.

d) Community Market:-
Table No. 14 F
Sr. Particulars Minimum Area Minimum Built-up
No. Required Area required
i General Market including Mutton and Fish Market
For Master Layout area upto & 1000 sq.m. As per requirement
inclusive of 200 Ha.

For Master Layout area more than To be increased proportionately with


200 Ha. increase in Master Layout area and be
proposed at one or more locations, as per
requirements.
ii Vegetable Market
For Master Layout area upto & 1000 sq.m. As per requirement
inclusive of 200 Ha.

For Master Layout area more than To be increased proportionately with


200 Ha. increase in Master Layout area and be
proposed at one or more locations, as per
requirements.

Note - Users mentioned in (i) & (ii) above may be clubbed together for convenience purpose,
without altering the requirements in plot area and built-up area.
e) Public Assembly Facilities:-Town Hall and/or Auditorium including Library

Table No. 14 G
Sr. Particulars Minimum Area Minimum Built-up
No. Required Area required
i For Master Layout area up to & 5000 sq.m. 5000 sq.m.
inclusive of 100 Ha
ii For Master Layout area more than 10000 sq.m. 10000 sq.m.
100 hact. and upto 200 Ha.
iii For Master Layout area more than To be increased proportionately with increase
200 Ha. in Master Layout area and be proposed at one
or more locations, as per requirements.

265
UDCPR-2020

f) Economic Activities :- Economic activities including users such as Market,


Multiplex, Mall, Information Technology & Information Technology enabled
Services (IT & ITES) including SEZs, Essential Shopping, Recreational Centres,
Trade & Commerce, Education, Hospitals, Non-polluting Industries, Service
Industries, Entertainment, Tourism, Star Category Hotels, Convention Centres,
Gymnasiums, Socio-economic activities, such as workshop, hostel for Autistic
persons,challenged persons and Senior Citizens except independent residential
tenements as per requirements.
Table No. 14 H
Sr. Particulars Minimum Minimum Built-up
No. Area Required Area required
i For Master Layout area of 40 Ha. 40000 sq.m. 80000 sq.m.

ii For Master Layout area more than To be increased proportionately with


40 Ha. increase in Master Layout area and be
proposed at one or more locations, as per
requirements.
Note :-
1) Users as mentioned in b, c, d, e & f may be clubbed together, in Economic Activities
Component, subject to condition that, total built-up area should not be less than the
summation of minimum required for all such users, irrespective of their individual plot
area requirements.
2) The required parking spaces for all such amenities as per norms shall be provided in same
plot.
g) Public Utilities:- For Master Layout area up to & inclusive of 200 Ha.
Table No. 14 I
Sr. Particulars Minimum Area Permissible Built-up
No. Required Area
i Fire Brigade Station 3000 sq.m. or as As per recommendations
prescribed by the of the Director of Fire
Director of Fire Services, Maharashtra
Services, Maharashtra State/Chief fire Officer of
State/ Chief fire the concern Authority.
Officer of the concern
Authority.
ii Sewage Waste 4000 sq.m. As per requirements
Management
Project(SWMP)
iii Cremation Ground 2000 sq.m. As per requirements
iv Burial Ground 2000 sq.m. As per requirements

266
UDCPR-2020

v Bus Station / Transport 3000 sq.m.


Hub
vi Police Station 1000 sq.m.
vii Electric Sub-station As per requirement
viii Other Public Utilities As per requirement
ix Public Parking Facilities As per prevailing
DCR
x Solid waste management As per requirement
Note:
1) If the facility of Cremation Ground/ Burial Ground is available in the village where the
Township is located in such case these requirements need not be insisted subject to NOCs
of respective Gram Panchayat.
2) If Police Station is available within 1km. area from the proposed Township, then such
facility need not to be provided.
h) Transport & Communication:-
i) The entire area of the project shall have a proper road pattern, taking into
consideration the linkages with existing roads within the project and outside
area as well. All such roads shall be developed by the Project Proponent/s as
per standard prescribed by the Indian Road Congress.
ii) The width of the -
a) Classified Road should not be less than as may be prescribed by
concerned public authority;
b) Main/Arterial/Ring Road should be of minimum right of way of 18 m.
c) Other Sub-Arterial roads, Collector streets, local streets, etc., shall be
proposed as per the requirements to cater to the need of occupancies on
such roads including for pedestrians.
d) Network of cycle track in entire Township area of minimum width of 3
meter shall be provided without clashing with the vehicular traffic, to
the extent possible.
iii) It may be permissible for Project Proponent/s, to realign the Regional Plan /
Development Plan Roads, and earlier existing roads passing through the
project area, without changing the entry and exit points of such roads.
iv) All the Regional Plan / Development Plan Roads and all the Main/ Arterial /
Ring Roads, shall always be open for general public, irrespective of the fact
that, they resides in the project or not.
General Note for Amenities (a) to (h):
1) The requirements prescribed above for items (a) to (f) are by considering FSI proposed
for the project is only 1.0. If the FSI proposed is increased or decreased then the only
built up area requirement shall be increased or decreased proportionately.
2) The requirements prescribed above for items (g) are for Master Layout area up to &
inclusive of 200 Ha. It shall be increased or decreased proportionately and may be
proposed at one or more locations, as per requirements.

267
UDCPR-2020

iv) Residential Activities:-


Table No. 14 J
Sr. Particulars Area Built-up Area
No.
i Residential Activities The land excluding Remaining built-up
(including lands required for the land required for area subject to
social housing, infrastructure purposes as shown minimum 60% of the
such as water storage, drainage (iii) (a) to (h). total proposed Basic
and garbage disposal, etc.) Residential FSI.
14.1.1.8 Development Control Regulations:-
For those aspects which are not covered under this regulation, the prevailing provisions as
prescribed in the (1)Unified Development Control and Promotion Regulations for Regional Plan
in Maharashtra shall apply mutatis-mutandis. The provisions of MoEF CRZ notifications
amended from time to time shall also be applicable.
However where in prevailing DCR of the respective authority the maximum height of building
is not mentioned in such cases the maximum height shall be allowed subject to provisions of
Maharashtra Fire Prevention and Life safety measures Act 2006 and any restriction imposed by
Chief Fire Officer.
14.1.1.9 Social Housing:-
i) The Master Layout Plan shall provide sufficient space for construction of small tenements
for persons from EWS and LIG categories (hereinafter referred to as the ―Social Housing
Component‖), as a social responsibility with FSI as mention in Regulation No. 14.1.1.9
(iii). Out of this Social Housing Component 25% FSI shall be utilised exclusively for
construction of EWS tenements and remaining 75% FSI may be used for LIG tenements.
Out of the total tenements constructed as Social Housing component, one third (1/3rd)
tenements shall be kept for Rental Housing tenements which will be disposed on Rent
only by the project Proponents.
ii) Social Housing tenements shall be constructed with area as specified by the MHADA for
EWS and LIG category respectively.
iii) The minimum Social Housing component shall be constructed at 15% of the Residential
basic FSI of the area available for Residential Development as prescribed in Regulation
No. 14.1.1.7 (iv) (hereinafter referred to as the ―Social Housing component‖).
iv) Social Housing tenements shall be constructed as per the general and special
specifications prescribed by concerned unit of MHADA for their projects.
v) The Project Proponent/s, after getting commencement certificate of Social Housing
component as mentioned above shall immediately intimate to MHADA regarding the
numbers of Social Housing Component to be disposed by them to the allottees. Upon
such intimation, MHADA within a period of six months, from the date of receipt of such
intimation after following procedure of lottery system shall prepare the list of the allottees
from the district as far as possible and forward it to the Project Proponent/s. The project
proponent shall dispose of such housing tenements to the allottees at the construction cost
mentioned in ASR applicable of the year of disposal (date of occupancy certificate) plus
25% additional cost. Out of this 25% additional cost, 1% shall be paid to MHADA
towards administration charges.
(1)
Substitued vide Corrigendum / Addendum No. CR 121/21, dt. 02nd December, 2021.

268
UDCPR-2020

If the allottees fails to deposit the amount within specified time limit, then the allotment
shall stand cancelled and MHADA can give fresh names of allottees from waiting list
within one month.
Provided that if the MHADA is unable to provide the list of the allottees as mentioned
above then the project proponent shall dispose of such social housing tenements in the
market at the construction cost in ASR applicable to the land of the year of disposal plus
20% additional cost.
vi) Every Occupation Certificate for the regular tenements shall be granted only alongwith
the Occupation Certificate in proportionate with Social Housing component.
vii) Amalgamation of such Social Housing tenements shall not be permitted in any case.
viii) The purchaser of tenement under social housing shall deposit an amount equivalent to
10% of the construction cost of tenement, as prescribed in Annual Statement of Rates
prevailing at the time of occupation, with the Project Proponent/s as one-time
maintenance deposit for onsite infrastructure maintenance.
ix) The Project Proponent/s shall maintain the premises and common spaces outside the
building/s of social housing including concerned all basic infrastructure and amenities, in
good condition in the same manner with the maintenance of remaining area of the project.
x) The purchaser of tenement under social housing shall have to pay all the government
taxes, duties like stamp duty, GST etc. and also the fees charged for use of common
amenities at actual, to the Project Proponent/s, as per the requirement, from time to time.
14.1.1.10 Liability of Project Proponent/s:-
i) The entire project shall be an integrated one with all facilities within the boundaries of
such project. All the on-site infrastructure i.e. internal roads, approach road, street lights,
water supply and drainage system shall be mandatory and constructed/ maintained in
future by the Project Proponent/s. Proposed internal roads and Open Spaces in the
layouts shall be used only for ITP.
ii) The Regional Plan Roads & Reservations which are included in ITP shall be Developed
by project proponent and after development made available to the general public. Such
reservations may be allowed to shift within 500 m. (within Township Area Only) in
consultation with the concerned Divisional Joint Director of Town Planning.
iii) It shall be the responsibility of the Project Proponent/s to develop and maintain all the
infrastructure in good condition till handing over to the appropriate authority.
The project proponent may collect periodical contribution or raise corpus funds for the
maintenance of infrastructure from the purchasers of tenements or statutory bodies of the
purchasers of tenements formed by the developer for this purpose.
Provided that, the Project Proponent/s shall handover the infrastructure, for maintenance
purpose, only after the completion of the project, to the Urban Local Body or appropriate
authority, when constituted in the area comprised by the project along with the unutilized
corpus fund collected for maintenance of common infrastructure.
iv) Project Proponent/s shall mandatorily provide facilities for making the Township
SMART-
a) For the people residing in the project area, an efficient and timely public transportation
system up to the nearest public transportation station/hub/depot/stand. He shall

269
UDCPR-2020

develop it himself or tie with Government / Semi Government or private transport


agency for such efficient public transportation. The number of buses and trips will be
decided by MSRTC / Local Transport Authority.
b) Continuous unobstructed footpath of minimum 2 m. width on either sides of all street
/ roads of width ROW 12 m. or more and of a lesser width for roads / Streets of
ROW less than 12 m.
c) Dedicated and physically segregated bicycle track with a width of 3 m. or more,
should be provided for entire Township Area.
d) Pedestrian friendly pathways, encouragement to non-motorized transport, intelligent
traffic management, non-vehicle street / zones, smart parking, energy efficient street
lighting visible improvement in the area i.e. replacing existing overhead electric
wiring with underground wiring, encroachment free public areas,
e) Arranging generation of power through non-conventional energy sources like solar,
wind and other shall be mandatorily provided with at least 10% of total requirement
of common physical infrastructure of the project;
f) To provide energy management by adopting advanced technology like installing
Solar Water Heating System, Solar Lamps/Lights in common areas, LED Lamps,
auto-operated street lights, solar pumps, etc. all external lighting shall be of LED,
Solar Water Heating System, Solar Lamp shall be compulsorily provided;
g) To provide effective water management by adopting water harvesting techniques like
rain water harvesting, recycling of used water, metered water supply to the users
under project, double plumbing pipeline. The recycled water shall be used for flush
system, gardening, carwash and industrial use;
h) To provide effective safety & security measures like CCTV surveillance at strategic
locations, centralized control room, etc.;
i) Arranging smart and fast internet/broad band connectivity to all residences, e-
governance online system for grievance redressal;
j) Encouraging and providing platform for citizens participations in decision making
about public community issues.
k) Arranging real time environmental monitoring i.e. air pollution, noise pollution etc.
shall be observed.
l) Encouraging and providing platform for e-DCR for building plans with BIM, 3-D
maps on GIS of the utility services network and properties in the city, central
command, control and emergency response center for all infrastructure facilities.
Project Proponent/s shall also provide urban design concept plans along with Master
Plan.
m) It shall be obligatory on the part of Project Proponent/s to provide the infrastructure
and green building norms that are necessary as per the guidelines as may be laid
down by the Government, under the policy of development of ‗Smart City‘ from time
to time.
n) Ensure that the buildings have at least 3 star ratings from GRIHA / (1)Silver from
IGBC / Silver from LEED / equivalent rating from The ASSOCHAM GEM.
(1)
Inserted vide Corrigendum / Addendum No. CR 121/21, dt. 02nd December, 2021.

270
UDCPR-2020

v) Project Proponent/s shall also mandatorily provide for:-


a) Water Supply-Safe and potable drinking water at the rate of 90 litters per capita
per day, exclusive of requirement of water for fire fighting and gardening purposes.
The storage capacity of the same shall be at least 1.5 times of the actual required
quantity as determined by expected population (Resident and Floating) and other
uses. The Project Proponent/s would be required to develop proper internal
distribution with double pipe plumbing for reuse of treated water at appropriate
places and maintenance system along with smart metering and shall specially
undertake rain water harvesting, groundwater recharging and waste water recycling
within the project.
Provided that, the Project Proponent/s should not use groundwater as a source of
water, to meet the above requirement.
b) Drainage and Garbage Disposal :- The Project Proponent/s shall make suitable
and environment friendly arrangements for the disposal and treatment of sewage
and solid waste generated in the project at source, as per the norms of the
Maharashtra Pollution Control Board. The Project Proponent shall provide zero
discharge in ITP for solid as well as liquid waste.
The Project Proponent/s should provide facilities for water conservation by
different means such as Rain Water Harvesting, Recycling of Waste Water, etc.
and also set-up, in the project area itself, the Solid Waste Management Project
(SWMP) with a sufficient capacity for processing of 100% garbage and solid
waste.
c) Power:- The Project Proponent/s shall ensure continuous and quality power supply
for the project area. The Project Proponent/s may draw the power from any
existing supply system or may go in for arrangement of captive power generation
with the approval from the concerned authority. If power is drawn from any
existing supply system, the Project Proponent/s shall, before commencement of
development, procure a firm commitment of power for the entire Township from
the power supply company.
14.1.1.11 Occupancy Certificate:-
i) Application for obtaining the Occupancy Certificate for buildings in project, in full or part
shall be submitted by Project Proponent/s to the concerned branch Officer of Town
Planning. Such application shall be accompanied by -
a) All the relevant documents alongwith coloured Google Earth / Bhuvan /Drone
survey image showing the area under Master Layout Plan;
b) Documents showing compliance of the conditions prescribed while according
sanctions from time to time;
c) Appropriate declaration/s and undertaking/s made by the Project Proponent/s and
his technical personnel‘s;
d) Any other requirement as may be prescribed by the Collector.
ii) The concern Branch Officer of Town Planning shall grant Occupancy Certificate or
reject the application giving specific reason within one month from the receipt of
application.

271
UDCPR-2020

iii) The Collector, before issuing the Occupancy Certificate for the project as a whole, shall
verify and satisfy himself about the completion of erection / development/construction
of all the basic required infrastructure in Master Layout plan. In case, an application for
part occupancy, such completion shall be as prescribed in phase programme.
14.1.1.12 General Stipulations:-
i) Development of basic infrastructure and amenities shall be completed by the Project
Proponent/s to the satisfaction of the Collector either for whole or as per phases, of the
project.
ii) It shall not be mandatory for the Project Proponent/s to provide Amenity Space as
otherwise required as per regulation of Regional Plan / Development Plan, if any.
iii) The Project Proponent/s shall plant indigenous trees at the rate of at least 150 trees per
ha. and maintain it properly. The certificate to that effect issued by the Deputy
Conservator of Forest or an Officer nominated by him for this purpose shall be produced
by Project Proponent/s at the time of application for Final Occupation Certificate under
Regulation No. 14.1.1.11.
iv) All the powers and functions that are supposed to be exercised by the Collector under
this regulation shall be exercised by the Chief Officer / Chief Executive Officer of the
concerned Planning Authority wherever applicable, excepting the powers to grant Letter
of Intent under Regulation No. 14.1.1.5 of this regulation.
Provided that, before grant or refusal to the Master Layout Plan, the Chief Officer /
Chief Executive Officer of the Authority shall, consult the, concerned Divisional Joint
Director of Town Planning as prescribed in Regulation No.14.1.1.6(iii) and (iv), if the
Planning Officer posted in such Authority is below the rank of Joint Director of Town
Planning, and to the concerned branch office of Town Planning as prescribed in
Regulation No. 14.1.1.6 (vi) and Regulation No. 14.1.1.11, if the Planning Officer
posted in such Authority is below the rank of Assistant Director of Town Planning.
v) All the amounts of scrutiny fees, charges, premium etc. payable to the Government shall
be deposited with the concerned Branch office of the Town Planning. In circumstances
described in proviso of Regulation No. 14.1.1.12(iv) above, 50% of such amount shall
be deposited with the concerned Branch office of the Town Planning, and 50% to the
concerned Planning Authority.
vi) The Project Proponent/s shall submit a bank guarantee of an amount equal to the 15% of
estimated development cost required for development of the basic Physical
infrastructure such as roads, water supply, drainage & garbage disposal, Trunk
installations for power supply, fire brigade station & fire engines. Such development
cost be worked out as per respective phases taking into consideration the phased
programme for development of infrastructure with amenities under project as submitted
and as required under Regulation NO. 14.1.1.6(i).Certificate regarding estimated
development cost shall be produced by the respective Architect of the project. If Bank
Guarantee as mentioned above is submitted then separate security deposit shall not be
insisted by the authority.
vii) The Project Proponent/s shall construct and maintain the Fire Station building &
Infrastructure at their cost. The project proponent shall post well-trained staff at fire
(1)
Inserted vide Corrigendum / Addendum No. CR 121/21, dt. 02nd December, 2021.

272
UDCPR-2020

station as per the recommendations of the Director of Fire Services, Maharashtra State
/Chief Fire Officer of the concerned Authority or the cost of staff appointed by Chief
Fire Officer for this purpose shall be borne by the Project Proponent. The amount of all
expenditure on such staff shall be the responsibility of the Project Proponent/s. After
completion of fire station and as per requirement such fire brigade/station shall be
handed over to the nearest respective authority on the terms and condition decided by
the respective authority and project proponent.
viii) Developer shall complete the Special Township Project within 10 years or such period
as allowed by the Government from the approval to the master plan. Developer shall
develop and maintain the all infrastructure (internal street light, roads etc.) upto the
completion of the ITP project. Within such period or till the authority is formed as per
Regulation No. 14.1.1.12 (ix), the concession in property tax levied by the respective
Grampanchayat or the respective Planning Authority shall be 66% of normal rate as
prescribed under the Grampanchayat Act or under Maharashtra Municipal Council,
Nagar Panchayat and Industrial Town ship Act 1965 or Maharashtra Municipal
Corporation ACT. Such property tax shall be levied from date of Occupancy Certificate.
Respective Grampanchayat /Planning Authority shall provide mandatory provisions like
Birth and Death Registration Certificate etc. for the same period in such ITP. Provided
that the utilities like fire brigade, police station/chowky etc. shall be handed over to the
nearest respective Authority at the terms and condition decided by the respective
authority.
ix) A local Authority shall be formed under section 3 read with section 341 of the
Maharashtra Municipal Council, Nagar Panchayat and Industrial Town ship Act 1965
according to population of such town ship. The newly formed respective authority shall
take over the operation maintenance of infrastructure in the Integrated Township Project
area with the previous approval of Government. However, if the area under ITPs merged
in any Local Authority then operation and maintenance of infrastructure in such
Integrated Township Project area shall be made by the respective Local Authority.
x) Licensing to the Project Proponent/s - The respective Authority shall provide licenses to
the Project Proponent/s for telephone Connection, Power and other utilities in the
Township area as per existing rules & regulations. After granting the license from the
respective Authority, the project proponent/s shall provide utilities in the Township area
as per the conditions laid down by the respective authority.
xi) It shall be mandatory for the Project Proponent/s to provide appropriate width of road to
the land not owned by the project proponent which is surrounded by the Township Area.
14.1.1.13 Special Concessions
i) Deemed conversion for Non-Agricultural ( N.A. ) Use:- The lands under approved
Master Layout Plan shall be considered as deemed N.A. No separate permission shall be
required under the provisions of Maharashtra Land Revenue Code, 1966. The amount of
non-agricultural assessment shall be exempted to the extent of 50% of the normal rate
for the land under Integrated Township Project.
ii) Grant of Government land:- The Government land/s, if surrounded or adjacent by the
lands owned by the Project Proponent/s, may preferably be granted to the Project
Proponent/s, as per the rules and regulations to that effect, by the Revenue and Forest
Department of the State Government. Maximum 10% of the total area under township

273
UDCPR-2020
shall be allowed to be included in such township.
iii) Concession in Stamp Duty:- For the purchase of land by project proponent for
township area or for the first transaction from Project Proponent/s to Purchaser of any
unit under any user from approved Master Layout Plan or subsequent building plan
under this Regulation, concession of 50% of stamp duty as otherwise required under the
Mumbai Stamp Act, shall be granted. This concession will be available only at one stage
i.e. either at the time of land purchase or at the time of sale of units. Also, if the project
proponent assigns the rights to his own subsidiary companies for the running of the
Amenities in such Township project as per the approved plan in such cases concession
of 50 % of stamp duty as otherwise required under the Mumbai Stamp Act, shall be
granted.
iv) Exemption in payment of Development Charges:- 50 % of the amount of
Development Charges under sub-section (3) of Section 124F of the said Act shall be
exempted for institution use or, change of use of any land or building or, development
of any land or building, proposed for project undertaken by a Project Proponent/s under
this Regulation.
v) Relaxation from Mumbai Tenancy and Agriculture Land Act:- The condition that,
only the agriculturist will be eligible to buy the agriculture land shall not be applicable
to the Project Proponent/s for purchasing agriculture land for Integrated Township under
this Regulation.
vi) Exemption from Ceiling for holding agriculture land:- The limit for holding
agriculture land, stipulated in the Maharashtra Agricultural Lands (Ceiling and
Holdings) Act, 1961 shall not be applicable to the Project Proponent/s for development
of Integrated Township Project under this Regulation.
vii) Exemption from scrutiny fee:- The amount of scrutiny fee shall be exempted to the
extent of 50% of the normal rate for building permission under Integrated Township
Project.
viii) Exemption from royalty on minor minerals:- The amount of royalty on minor
minerals as per the Maharashtra Minor Mineral Extraction (Development and
Regulation) Rules shall be exempted to the extent of 50% for the earth which is
extracted while developing the land within Township area and fully exempted if the said
excavated material is used in the same project.
14.1.1.14 Transition Policy
i) It shall be permissible for the Project Proponent/s, to whom Special Township Project
has already been granted location clearance and / or LOI or the project is on-going
wherein part Occupancy Certificate is granted before 26/12/2016 to -
a) Continue such Special / Integrated Township Project under the erstwhile
regulations under which LC is granted without considering these regulations.
b) If the project proponents wish to develop township according to this regulations
then he may apply for grant of Letter of Intent or Master Layout Plan as the case
may be wherever required, under this regulation.
ii) If in case as described in Regulation No. 14.1.1.14 (i) (b), the construction of the project
is on-going and the Occupation Certificate, either in fully or partly has granted or not
been granted, it shall be permissible for the Project Proponent/s to choose an option to

274
UDCPR-2020
prefer this regulation subject to payment of premium as prescribed in Regulation No.
14.1.1.7 (i) and (ii). In such cases premium shall be calculated on balance area which
shall be the difference of FSI permitted as per earlier regulation and that being availed
as per this regulation.
14.1.1.15 Appeal
Anyone aggrieved by an order passed under prevailing byelaws may within forty days of the
date of communication of the order prefer an appeal to the Director of Town Planning,
Maharashtra State, Pune. The appeal shall be decided within 60 days.
14.1.1.16 Control by the State Government -
Director of Town Planning M.S Pune is authorised on behalf of Government to monitor the
Township Project and submit his report once in six months to Government.
14.1.1.17 Government may relax any provisions from these regulation considering the site condition of
the particular project.
14.1.1.18 Read the concern Planning Authority/ Special Planning Authority constituted under relevant
Acts instead Collector, wherever applicable.
14.1.1.19 The rate of premium mentioned in the Regulation No. 14.1.1.7 (i) (b) and 14.1.1.7(ii) (b) can
be revised by the Government from time to time.
14.1.2 For Development Plan area
Regulations for Integrated Township Projects for Regional Plan mentioned in Regulation No
14.1.1 shall be applicable to Development Plan area with modified Regulations as mentioned
below.
14.1.1.4 (ii) ---------------------------
(Explanation - In circumstances described in Regulation No. 14.1.1.4 (ii) above, such
grant of permission and declaration of project shall be made under the provisions of
Section 18(3) read with section 44 (2) of the Maharashtra Regional and Town Planning
Act, 1966)
14.1.1.6 (i ) ---------------------------
e) In case, project has no access from existing road having right of way of
18m. then documents showing the ownership or registered agreement for
permanent right of way, as the case may be, of Project Proponent/s in lands
proposed for 18 m. wide access road.
j) Colored Google earth image / Bhuvan image/ Drone survey image etc.
showing lands under Master Layout Plan, signed by project proponent
iv) The office of the Divisional Joint Director of Town Planning shall send its remarks
to Authority within two months from the receipt of proposal from the Authority or
receipt of reply from the Project Proponent/s in respect of any requisition made by
him, whichever is later. Such master layout approval will be given with the
condition that project proponent will not commence work without environmental
clearance. Such environmental clearance shall be submitted at the time of sanction to
the building permission.

275
UDCPR-2020

14.1.1.6 (vi) -Approval to the building plan:-Detailed building permission under the
master layout plan sanctioned as per Regulation No. 14.1.1.6(v) shall be granted by the
concerned Authority with prior consultation as prescribed in proviso to Regulation No.
14.1.1.12(iv) within 30 days from the receipt of the proposal from the project proponent as
mentioned in 14.1.1.6 (vi) (a).
14.1.1.6 (vi) (b) -The Project Proponent/s shall submit the certificate of Architect
regarding completion of plinth stating that the construction of plinth is as per the approved
building Plans to the concerned branch office of the Town Planning along with approved
Plan. The Branch Office of the Town Planning verify the same within stipulated time
period. If it is found that the construction of plinth is not as per the building permission
sanctioned, the said office shall reject such plinth checking certificate. In such
circumstances, the Project Proponent/s shall either demolish the said plinth or get the
revised plan sanction according to changes. If it is found that the construction of plinth is
as per the building permission sanctioned, then granting the plinth checking certificate is
not necessary.
However, notwithstanding anything mentioned above, before grant or refusal to the Master
Layout Plan, the Authority shall, consult the, concerned Divisional Joint Director of Town
Planning as prescribed in Regulation No. 14.1.1.6 (iii) and (iv) if the planning officer
posted in such Authority is below the rank of Joint Director of Town Planning, and to the
concerned branch office of Town Planning as prescribed in Regulation No. 14.1.1.6(vi)
and Regulation No. 14.1.1.11, if the Planning Officer posted in such Authority is below
the rank of Assistant Director of Town Planning.
14.1.1.7 (iii) ---------------------------
h) Transport & Communication:-
i) The entire area of the project shall have a proper road pattern, taking into
consideration the linkages with proposed roads of D.P. and R.P. existing roads
within the project and outside area as well. All such roads shall be developed by the
Project Proponent/s as per standard prescribed by the Indian Road Congress.
14.1.1.11 (ii) - On receipt of application as prescribed under Regulation No.14.1.1.11(i)
the Planning Authority shall forward the same to the concerned officer as stipulated in the
proviso to Regulation No. 14.1.1.12(iv) for technical consultation within 10 working days.
Following new Regulation shall be added.
14.1.1.7 (v) - Share of Local / Planning Authority.
The integration of Integrated Township Projects included in the Local / Planning
Authority, an area @ 2% of gross area shall be earmarked and shall be handed over free of
cost to the respective Authority for development of the City Level Facilities.
For determining eligibility of ITP, the above 2% area shall be considered in area
calculation. This area shall not contain area under hill slopes, and shall be accessible by
major road. Base FSI of such 2% land shall be made available to the applicant on
remaining land.

276
UDCPR-2020

14.2 TRANSIT ORIENTED DEVELOPMENT (TOD)


The following regulations in respect of Transit Oriented Development shall be applicable for
the areas mentioned herein under. These provisions shall come in to operation where
Authorities either have or proposed RTS/ Metro-rail/ BRTS corridors in their Development
Plans and have started implementing them.
14.2.1 For Pune Municipal Corporation Area
(#)
Kept in abeyance.
14.2.2 Pune Metropolitan Region Development Authority area.
For this areas, the regulations specified in Regulation No. 14.2.1 are applicable mutatis –
mutandis
14.2.3 For Nagpur Municipal Corporation and Nagpur Metropolitan Region Development
Authority.
Following Regulations are applicable for Development / Redevelopment of building falling
within Nagpur Metro Rail Corridor (NMRC)
i) Definitions
a) Nagpur Metro Rail Corridor (NMRC) - It is the area falling within 500 m.
distance on either side of the Nagpur Metro Rail measured from its Centre line
and also includes the area falling within 500 m. distance from the longitudinal end
of the last Metro Railway Station. This regulation is also applicable for all the
Planning Authorities from where the Metro Rail is passing through.
b) Base permissible FSI - It is the FSI that is otherwise permissible on any land
with respect to zone shown as per the sanctioned development plan and the
relevant provision of the Principal DCR excluding the TDR and the premium FSI,
redevelopment incentive FSI that can be received.
c) Gross plot area - Gross Plot Area means total area of land after deducting area
under reservation or deemed reservation like amenity space if any, area under
D.P. Road and Road widening.
ii) Maximum Permissible FSI
The maximum permissible total FSI in NMRC shall be 4.00 including the basic
permissible FSI, subject to condition that, the additional FSI over and above the basic
permissible FSI shall be allowed within the overall limit of maximum permissible FSI,
as given in the Table No 14 O below :-
Table No. 14 O
Sr. Minimum Road Plot Area Maximum
No. Width Permissible FSI
1 9.00 m. Below 1000 sq.m. 2.00
2 9.00 m. 1000 sq.m. or above 3.00
3 12.00 m. 2000 sq.m. or above 3.50
4 15.00 m. 2000 sq.m. or above 4.00
(#) th
Clarification issued Vide Letter No.CR 236/18 (Part 1), dt. 14 January, 2021.

277
UDCPR-2020

Explanation:-
1) The maximum permissible FSI as per the above Table shall be determined by
satisfaction of both the criterias viz. Minimum Road width as well as plot area,
simultaneously. However in case, both these criterias are not satisfied simultaneously,
the maximum permissible FSI shall be the minimum of that permissible against each of
these two criterias, as illustrated below ;
2) Land owner / Developer shall not have option to use TDR in NMRC.
Illustrations: -
Table No. 14 P
Road width
Plot Area Less than 9m. 9 m. & 12 m. & 15 m.
above above &
above
below 1000 sq.m. As mentioned in Chapter 6 2 2 2

1000 sq.m. up to 2000 sq. m. As mentioned in Chapter 6 3 3.5 3.5

Above 2000 sq.m. As mentioned in Chapter 6 3 3.5 4.0

a) Premium to be Paid
Additional FSI over and above basic permissible FSI of respective land use zones
as mentioned in Chapter 6 may be permitted on the payment of premium as may
be decided by the Govt. from time to time.
i) The additional FSI as prescribed in the Table under provision (1) (ii) above, in
case of development / redevelopment proposed in the NMRC with
minimum tenement density per hectare of the gross plot area as given
below.
Minimum Numbers of Tenements = Gross Plot Area x Maximum Proposed
FSI for Residential use x 200 Tenement per Hector.
ii) However, subject to the provisions of regulation (1)14.2.3(iii) herein below,
if the tenement density proposed is less than that stipulated under
(1)
provision (ii)(a)(i), the premium to be paid in that event shall be the
additional premium as may be decided by the Govt. from time to time and
such premium shall be chargeable on the total additional FSI to be availed
beyond the basic permissible FSI.
iii) For construction of buildings mentioned in Chapter 7, the rates of premium
shall be as mentioned in the said Chapter.
b) Impact Assessment and Integrated Mobility Plan
Such additional FSI over and above the base permissible FSI, shall be granted by the
Commissioner, Nagpur Municipal Corporation / Chairman, Nagpur Improvement Trust,
any Planning Authorities from where the Metro Rail is passing through after taking into
account the Impact Assessment of the implementation of these regulations regarding the
impact on the city and sector level infrastructure and amenities as well as traffic and
environment on such
(1)
Substitued vide Corrigendum / Addendum No. CR 121/21, dt. 02nd December, 2021.

278
UDCPR-2020

NMRC. Such Impact Assessment shall also contain measures to be undertaken to


mitigate its likely impact and the Action Plan for implementation of such
measures in a time bound manner. It shall also contain Integrated Mobility Plan
envisaging therein inter-linkages between different modes of mass transport,
parking management, traffic management and pedestrianisation.
c) The maximum permissible FSI as given in Table under Regulation No.(ii) above
shall be calculated on the gross plot area.
d) In case of plot / plots falling partly within the NMRC, the FSI permissible shall be
as follows, provided that the total area of the plot (plot falling within NMRC plus
plot falling outside NMRC) shall be as prescribed in the table in Regulation
No.(ii) above:-
(i) Where 50% or more area of such plot / plots falls within NMRC, these
regulations including FSI shall apply to the total area of such plot / plots.
(ii) Where less than 50% area of such plot / plots falls within NMRC, these
regulations including FSI shall be applicable to the part of plot / plots
falling within NMRC, whereas for the part of plot / plots falling outside
NMRC, these regulations except provisions regarding FSI shall be
applicable. The FSI permissible for the part falling outside NMRC shall be
as mentioned in chapter 6.
Moreover, the owner shall have option of either to opt for UDCPR
provisions in toto or opt for TOD regulations in toto. In case, the owner
opts for development as per UDCPR provisions, then he may be allowed to
utilise FSI as per TOD regulations over and above the maximum potential
mentioned in Table 6-A or 6-G.
e) Notwithstanding anything contained in any other provisions of these
regulations, TDR shall not be allowed to be received on the plots within
NMRC, irrespective of its location in congested area / non-congested area
as per the Sanction Development Plan of Nagpur.
iii) Permissible mixed use in NMRC:
Mixed use in the form of residential and commercial, fully commercial use may be
permissible on the residential plot in NMRC fronting on the road width of 12 m. and
above. Mix use on plot / plots in commercial zone of sanction Development Plan falling
under NMRC shall be permissible as per these Development Control and Promotion
Regulations and the FSI permissible as per his Regulation over and above as mentioned
in Chapter 6 shall be allowed on the payment of premium, as per subject to Maximum
building potential as mentioned in Regulation No. (ii) above
iv) Other provisions regarding marginal open spaces shall be governed by the proposed
height of structure, as given in the provisions (v) below and should conform to the
Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (Maharashtra Act No.
III of 2007) as amended from time to time. No building permission shall be issued
without NOC of the Fire Officer. Other regulations regarding room sizes, apertures for
light and ventilation shall be as per these Development Control and Promotion
Regulations in force.

279
UDCPR-2020

v) Marginal Spaces
Table No. 14 Q
Sr. Building Side and Rear Remark
No. Height Margins
a 15 m. and H/2-4 Minimum 3.0m. for Residential
below minimum 4.5 m. for Commercial and
Minimum 6.0m. for Special Buildings.
b Above 15 m. Minimum 4.5 m. for Residential and
and upto 24 m. H/5 Commercial Building and 6 m. for
Special Building.
c Above 24 m. Minimum 6.0 m.
Note-1. Maximum Side / Rear / Front Margin shall be 12.00 m. However if Developer /
Owners provides more than 12 m. side and rear margins it may be allowed.
Note-2. The Municipal Commissioner may relax the side & rear marginal distances as per
Regulation No. 2.4 of UDCPR subject to following provisions.
A) If clear minimum marginal distance is proposed from one side as per these
Regulation then other side marginal distance may be relaxed up to 50%.
B) Front margin relaxation to allow additional FSI may be granted subject to
condition that the Minimum road width shall be 12 m. and above.
Note-3. In case semi-detached construction as per these regulations, common wall constructed
is allowed and marginal distance shall be provided for other side as per these
regulations.
(v)(a) No projections shall be allowed in one side marginal spaces as mentioned in Note 2(A)
above so that this marginal spaces remain free from all encumbrances for the movement
of fire tenders. However open balconies may be allowed in the marginal spaces where
concession as mentioned in Note No. 2(A) above is allowed, after leaving minimum
3.0m. distance from the plot boundaries, subject to Fire NOC.
In case if ramp is necessary from accessibility, such ramp may be allowed after living 6
m. clear margin. However such Ramp may be allowed in side margin where relaxation
is to granted as per provision mentioned in Note No. 2(A) above subject to NOC of the
Fire Department.
(v)b) For calculation of marginal distances, the height of the parking floors (Maximum two
floors above the Ground Level) shall not be taken in account, However height of such
parking floors will be counted towards the total height of the building for deciding the
building as high rise building and for civil Aviation purpose.
(v)(c) Car lift / mechanical parking shall be permissible, as per these regulations as amended
from time to time.

280
UDCPR-2020

vi) Parking
Parking in the NMRC shall be provided as per the table given below :-
Table No. 14 R
Sr. Transit Oriented
No. Occupancy One parking space for every Development Influence Zone
Car Scooter Cycle
/Motorcy
cle
1 Residential (a) Tenements having carpet
area
From 25 and upto 40 sq.m. 0 1 2
For 2 units above 40 and 1 1 2
upto 60 sq.m.
1 1 2
For every unit above 60 and
upto 80 sq.m.
1 2 1
For every unit above 80
sq.m.
2 Govt. & 100 sq.m. carpet area or 1 2 2
Semi Govt. fraction thereof
Private
business
buildings
Note:-
1) Parking spaces for differently - abled persons shall be provided as stipulated in these
regulations in each new construction / development / re- development in the NMRC.
2) On street parking shall not be permissible, unless specifically allowed in the impact
assessment and mobility report.
(vi)(a) Incentive for providing Public Parking in the area falling within the radius of 200 m.
from the Metro Station.
If the owner / developer of the plot falling within the radius of 200 m. from the Metro
Station, is willing to provide Public Parking space over and above the parking spaces
required as per the table given in Regulation No. (vi) above of this regulation, the same
shall be allowed and in that case the premium to be paid by such developer / owner as
per Regulation No. 14.2.3 (ii)(a) shall be reduced by the amount equal to the premium
worked out for 25% of the area earmarked for such additional Public Parking space,
subject to following conditions:-
i) Such parking area shall be in the built-up form and shall be handed over to
Planning Authority free of cost before granting the Occupation Certificate to the
project. The Planning Authority should enter into an agreement with owner /
developer for such parking space at the time of granting Commencement
Certificate to the project. Such Public Parking area shall be clearly shown on the
proposed building plan / layout and a condition to above effect shall be
incorporated in the Commencement Certificate.

281
UDCPR-2020

ii) The parking area shall have independent access from major road adjacent to the
plot and with proper entry and exits.
iii) The parking area to be made available at individual site shall be at minimum
100 sq.m. at one place either at Ground floor / Stilt floor or first floor.
iv) The maximum parking area that can be provided shall be decided by the
Commissioner, Nagpur Municipal Corporation / the Chairman, Nagpur
Improvement Trust, as the case may be, on considering the location of such site
and the parking requirement.
v) A board showing the location of such public parking space should be displayed
at suitable places by the Planning Authority.
vi) Area covered under such parking shall not be counted towards FSI consumption.
vii) Concerned land owner / developer / society / public company shall not be
allowed to operate the public parking.
viii) The proposed development shall be further subject to such conditions as may be
decided by the Municipal Commissioner / Chairman, NIT, as the case may be.
vii) In case of development or redevelopment, proposed by the Authority / individual
applicant / any other Planning Authority, from the edge of the Metro Rail, within 10m.
distance from the Metro Rail, on its either side, the concerned Planning Authority i.e.
Nagpur Improvement Trust / Nagpur Municipal Corporation before granting such
permission for development / redevelopment shall seek prior NOC from the Nagpur
Metro Railway Corporation Ltd as required under the Metro Railways (Construction of
Works) Act, 1978 from the point of view of safety of the Metro Railway and such other
related matters.
viii) The provisions of these UDCPR shall be applicable except, express provisions of these
TOD regulations. However in case of any conflict between TOD Regulations and any
other Regulation/s of UDCPR, TOD Regulations shall prevail for the NMRC.
ix) No Compound wall / fencing shall be permissible on the boundary of plot facing the
road and 50% front marginal distance (subject to minimum and maximum of 3m.) shall
be kept accessible and to be used as foot paths for pedestrians. However, it shall be
permissible for the applicant to construct / erect fencing, on the boundary, after leaving
the space for pedestrians as specified above.
However for the plots situated on 9 m., 12 m.. & 15 m., wide Roads having 100%
residential use therefore above rule shall not be made applicable.
a) Large wholesale stores, auto dealer showrooms, warehouses/storages, auto service
centres, Garages etc. shall not be permissible in NMRC.
b) Provision of Inclusive housing shall not be applicable in NMRC.
c) For Gunthewari development regularized under the provisions of Maharashtra
Gunthewari Development Act, 2001 and falling in NMRC, seeking provisions for
Development / redevelopment, these regulations shall apply.
d) The width of passage shall be minimum 1.2 m. for residential use & 2 m. for
commercial use.
e) Above regulation shall be applicable to all the buildings (i.e. newly proposed
buildings as well as old buildings for utilization of FSI) in TOD.

282
UDCPR-2020

f) In case of redevelopment scheme, size of tenement can be relaxed for Rehab


Component subject to other provisions of UDCPR. However for free sale
component TOD Regulation shall be made applicable.
g) In case of independent unit / Bungalow for self-use, such Development /
Redevelopment may be allowed within base FSI subject to UDCPR.
h) The layout of building / group housing layout or standalone building on a plot /
plots situated in NMRC over which construction is started and for which
occupancy certificate is not granted may be revised and balance potential if any
may be allowed as per the above provisions subject to following :-
Marginal Distance – The existing marginal distances including front margin may
be allowed for higher floor / floors and necessary relaxation to that extent may be
granted by the Municipal Commissioner subject to compliance of all fire
requirements and fire NOCs by charging hardship premium. Hardship premium is
to be decided by Municipal Commissioner. In any case sanctioned existing
marginal /front margin distance shall not be reduced.
14.2.4 For other Municipal Corporations and other Metropolitan Region Development
Authority area.
For these areas, the regulations specified in Regulation No. 14.2.1shall be applicable.
14.2.5 Regulations for BRT Corridor in Pimpri-Chinchwad Municipal Corporation.
The Regulations for development along the BRT corridor in Pimpri-Chinchwad Municipal
Corporation area sanctioned vide Government Notification No. TPS-1812/737/12/CR
506/13/Reconstruction No. 110/UD-13, dated 03/03/2010and amended from time to time, shall
be applicable with following modifications.
FSI receiving or development potential of the plot shall be as below.
Sr. Road width in meters Basic FSI on Maximum Maximum
No. FSI payment permissible building potential
of TDR on plot including
premium loading in-situ FSI
1 2 3 4 5 6

1 Below 9 m. 1.00 -- -- 1.00

2 9 m. and above but below 12 m. 1.00 0.50 0.75 2.25

3 12 m. and above but below 15 m. 1.00 0.50 1.00 2.50

4 15 m. and above but below 24 m. 1.00 0.50 1.25 2.75

5 24 and above but below 30 m. 1.00 0.50 1.50 3.00

6 30 and above 1.00 0.50 1.75 3.25

14.3 AFFORDABLE HOUSING SCHEME


i) The Authority may permit implementation of Affordable Housing Scheme in
accordance with the provisions of these Regulations. Affordable Housing Scheme
(hereinafter referred to as ‗the Scheme‘) shall be permissible only on the lands situated
within the limits of Municipal Corporation.

283
UDCPR-2020

a) Affordable Housing Scheme shall be permissible in Residential Zone only


and on plots having access from an existing or proposed Development Plan
Road having width equal to or in excess of 18 m. or an existing road in respect
of which Regular Line of Street has been declared under the relevant
provisions of Maharashtra Municipal Corporation Act, for a width of 18 m. or
more. However in case of a proposed road, the land under the said proposed
road shall be acquired before the approval of building plans for the Affordable
Housing Scheme.
b) Minimum plot area for the Affordable Housing Scheme shall be 4000 sq.m.,
excluding area under D.P. Roads and D.P. Reservations, if any.
c) The plot under the Scheme shall be independent, unencumbered and contiguous.
d) The Scheme shall not be permissible in congested areas, demarcated as
such on the Development Plan.
e) Maximum permissible FSI (including the basic FSI of 1.00) under the Scheme
shall be 3.00 on the gross plot area, including mandatory layout recreational
open space and Amenity Space. The FSI to be utilized shall be in the
proportion of 1:3 for the Affordable Housing Component and the Free Sale
Housing Component on ¼th and ¾th part of the land respectively. Thus
Affordable Housing and Free Sale Housing shall be proposed on the same plot
of land but on two separate independently buildable pockets.
f) Under Affordable Housing Scheme, upto 15% of the total built-up area of the
Affordable Housing Component may be used for construction of
shops/commercial use as per the direction of Urban Local Body and such
commercial built-up area shall be handed over to the concerned ULB free of cost.
g) An Affordable Housing Unit shall be a self-contained dwelling unit of 27.88 sq.m.
carpet area. However the carpet area of a Housing Unit shall be 160 sq.ft.,/
(1)
25 sq.mt. where the construction under the Rental Housing Scheme /
(1)
Affordable Housing Scheme, as the case may be, has already commenced.
h) The amenity space for Affordable Housing shall be as per these regulations and it
shall be proportionately provided in the area earmarked for the Affordable
Housing Component and the area kept for Free Sale Housing component.
Provided that where the Scheme is to be implemented on a plot in Industrial
Zone where the Planning Authority has duly permitted Residential user under
the relevant provisions of the Development Control Regulations :-
i) no further area shall be required to be kept as amenity space under this
Regulation for the Scheme if the area prescribed to be kept as amenity
space while permitting residential user in Industrial Zone is equal to or
more than 10% of the gross plot area.
ii) only the balance area shall be required to be kept as amenity space under
this Regulation for the Scheme if the area of amenity space prescribed by
the Planning Authority, while permitting residential user in Industrial zone,
falls short of 10%.
(1)
Inserted vide Corrigendum / Addendum No. CR 121/21, dt. 02nd December, 2021.

284
UDCPR-2020

ii) a) Notwithstanding anything contained in the relevant provisions of


the Development Control Regulations for the respective Municipal Corporation
regarding the provision of Amenity Space in general, and also regarding
permitting Residential User in Industrial Zone, it shall be obligatory on the
Developer / Owner to develop the amenity space for users (hereinafter referred
to as prescribed amenity users) such as School, Play Ground, Garden, Health
Care Facilities, Multipurpose Hall, Auditorium, etc. with the approval of
Authority as per the specifications prescribed by the said Authority, subject to the
condition that atleast 50% of such amenity space shall be kept for open users,
before seeking Occupancy Certificate for the Free Sale Housing Component of
the Scheme, failing which the land under such amenity space shall be handed
over free of cost to the Planning Authority and such land shall be developed by
the Authority for the aforesaid prescribed amenity users only.
No compensation in the form of TDR shall be admissible to the Owner /
Developer for development of such prescribed amenities under this Regulation.
b) Irrespective of whether the Owner / Developer develops the prescribed amenity
users as per the provisions of (1) Clause (ii) above or fails to do so, the process
of handing over the land under such amenity space, along with the developed
prescribed amenities, where such prescribed amenities have been developed,
shall be completed within one month from the date of application by the
Developer / Owner for seeking Occupancy Certificate for the free sale housing
component of the Scheme and if such handing over process is not completed
within the said period, the occupancy certificate for the free sale housing
component of the Scheme shall be withheld by the Authority till such amenity
space, along with developed prescribed amenities, where such prescribed
amenities have been developed, is handed over to the Authority.
c) Under the Affordable Housing Scheme, there shall be a welfare hall and a
Balwadi at the rate of 30 sq.m. for every multiple or part of 200 residential units
and an office for Co-operative Housing Society at the rate of 30 sq.m. per every
multiple or part of 500 residential units which shall be treated as a part of
Affordable Housing Component and shall not be counted towards the FSI while
computing 3.00 FSI on the site and shall be given along with layout/DP roads
and shops, free of cost to the concerned ULB. These facilities shall be
constructed at locations as suggested by the concerned ULB and shall be
transferred free of cost to it.
iii) Under the Affordable Housing Scheme, off-site infrastructure charges at the rate of
5% of the land rate as given in the Annual Statement of Rates (ASR) prepared by the
Inspector General of Registration, Maharashtra State, for the year in which
Commencement Certificate is issued (without applying guidelines of ASR),subject to a
minimum of Rs.2000 per sq.m., shall be paid by the Developer for the built up area,
over and above the normal permissible FSI. This amount shall be paid to the
concerned ULB.
iv) Release of FSI under the Scheme shall be as follows:-
FSI for Affordable Housing Component and the Free Sale Housing Component
under the Scheme shall be released in accordance with the following (1)Table No. 14 S.
(1)
Substitued vide Corrigendum / Addendum No. CR 121/21, dt. 02nd December, 2021.

285
UDCPR-2020

Table No. 14 S

Sr. Stages of Release of FSI Affordable Free Sale


No. Housing Compone
Component* nt*
1. On Grant of Building Permission / 3.00 1.00
Commencement Certificate up to plinth by
Commissioner to the Affordable Housing Project

2. On Completion of 50% BUA of Affordable -- 0.75


Component

3. On Completion of 100% BUA of Affordable -- 0.75


Component

4. On handing over of 25% land and completed -- 0.50


Affordable Component

Total 3.00* 3.00*

* Explanation - The FSI of 3.00 is to be calculated separately on the one-fourth of


plot area for Affordable Housing Component as well as three-fourth of plot area for
Free-Sale Housing component.
v) The Affordable Housing Component under the Scheme shall be handed over along with
the ¼th part of the total plot of land, free of cost to the concerned ULB.
vi)(a) The affordable housing stock created under the scheme shall be allotted by the
concerned ULB as follows :-
Table No. 14 T

Percentage Allotment to Category Rate of allotment


of stock
50 Respective ULBs for use as PAP Ownership Free of cost
ownership free of cost tenements or
staff quarters or transit
accommodation.

25 Government of Maharashtra and its Ownership Free of cost


statutory bodies/Govt. undertaking
for use as PAP tenements or staff
quarters or transit accommodation

25 As affordable housing by MHADA Ownership Free of cost to MHADA


subject to the general or specific which shall dispose of
direction of the Government the same as per its policy
and drawl of lots

b) The affordable housing stock shall be disposed of as per the prevailing policy
of MHADA regarding pricing and disposal of its housing stock meant for
affordable housing. Each project approved under the Scheme shall be brought to
the notice of the Government of Maharashtra and its statutory bodies/Government
undertakings by means of press advertisement and if the Government of
Maharashtra or any of its statutory bodies/ Government Undertakings doesn‘t
place firm requirement for the housing stock earmarked for them in the Scheme

286
UDCPR-2020
before the completion certificate / occupation certificate for the said scheme is
issued, the same shall come to the share of MHADA for outright sale as per the
prevailing policy of the MHADA.
vii) a) The other aspects of the development of affordable housing scheme, not
specifically dealt with hereinabove, shall be as per the relevant provisions of
UDCPR.
b) It shall also be permissible for the developer / owner to utilise the FSI available
for free sale housing component, fully / partly for any other user otherwise
permissible as per UDCPR.
c) In case owing to genuine hardship and site conditions, relaxation in marginal
open spaces is sought by the developer / owner, the authority may consider such
request, using its discretionary powers under the UDCPR, subject to the
condition that in no case shall the clear marginal open space be reduced below
6 m. No premium shall be charged for granting such relaxation in marginal
open spaces in respect of affordable housing component of the scheme.
14.4 PRADHAN MANTRI AWAS YOJANA
14.4.1 For Development Plan area.
i) For developable zone.
In any developable zone such as Residential / Commercial / Public semi-public /
Urbanisable Zone / Urbanisable Zone U-1, U-2 / Industrial etc., Affordable Housing for
the Economically Weaker Sections (EWS) &Low Income Group (LIG), undertaken by
Government / any Institutions authorized by the Government or Owner / any Private
Developer (hereinafter referred to ―the Project Proponent‖), shall be permitted, subject
to the following conditions.
Conditions :-
1. These Regulations shall only be applicable for development undertaken under
"Pradhan Mantri Awas Yojana‖ wherein all the tenements shall be constructed for
EWS / LIG with the use of latest technology, subject to condition no.3 herein
below.
2. Such Development shall be permitted in Industrial Zone only after leaving
amenity space as per Regulation No. 4.8.1. However, no premium shall be
charged for allowing residential use in the form of PMAY in Industrial Zone.
(#)
3. The permissible FSI for such projects shall be the maximum building potential on
the plot mentioned in Regulation No. 6.1 or 6.3 subject to maximum 2.5 which
shall be treated as allowable basic FSI for such project. No premium FSI or TDR
shall be required to be loaded for availing this FSI upto 2.5. However, where
building potential as per Regulation No. 6.1 or 6.3 exceeds 2.5, in such cases
permissibility of availing building potential above 2.5 shall be in the form of
premium FSI or TDR or both which may be utilised for the permissible uses
under this UDCPR.
4. Out of the FSI allowed in PMAY, 10% of the basic FSI mentioned in Regulation
No. 6.1 or 6.3, shall be allowed for commercial use.
(#)
Clarification issued vide Order No. CR 236/18 (Part 2), dt, 23rd December, 2021.

287
UDCPR-2020

5. The Municipal Commissioner / Metropolitan Commissioner / Chief Executive


Officer/ Chief Officer, before granting development permission, shall verify and
satisfy himself in respect of the feasibility of providing basic infrastructure
facilities like electricity, water supply, sewerage etc. required for the project.
6. The project proponent shall plan proper internal Road network including major
linkage upto outside roads, wherever necessary.
7. The project proponent shall provide all the basic facilities and utilities, on-site
infrastructure such as Road, Water Line, Drainage Line, Street Light, Waste
Water Recycling Plant etc. at his own cost to the satisfaction of the Authority. In
no case the burden of providing infrastructure shall lie with the Authority.
Provided that the project proponent shall lay the water, drainage/sewage lines up
to the nearest existing lines which are laid by the concerned Planning Authority.
8. The carpet area of the tenement shall not be more than the carpet area as may be
decided by the Government of Maharashtra from time to time in respect of EWS
/LIG Housing.
9. Amalgamation of two or more tenements shall not be permissible under any
circumstances.
10. All other guidelines and norms shall be followed as may be decided by the
Government of India or State Government, from time to time in respect of
―Pradhan Mantri Awas Yojana‖.
ii) For No Development Zone / Agricultural Zone / Green Zone-1.
All above Regulation No. 14.4.1(i) with following modification shall be applicable for
Pradhan Mantri Awas Yojana to be permitted in No Development Zone / Agricultural
Zone / Green Zone-1.
a) The minimum width of approach road shall be 9 m.
b) The permissible FSI for such projects shall be 1.0 on gross plot area.
14.4.2 For Regional Plan area.
The Regulations No.14.4.1 shall be applicable for Pradhan Mantri Awas Yojana to be
permitted in following areas of Regional Plan, in respective zones.
i) In Mumbai Metropolitan Regional Plan area
a) PMAY shall be permissible in urbanisable zone U-1, U-2 / Urbanisable Zone of
entire Mumbai Metropolitan Regional Plan, with FSI and other provisions
mentioned in Regulation No.14.4.1(i).
b) PMAY shall be permissible in zones, other than urbanisable zoneU-1, U-2 /
Urbanisable Zone, within distances mentioned in following table, with FSI and
other provisions mentioned in Regulation No.14.4.1(ii).
ii) In other Regional Plan Area.
PMAY shall be permissible in respective zones, within distances mentioned in following
table with FSI and other provisions mentioned in Regulation No.14.4.1(i) & (ii).

288
UDCPR-2020

Sr Within distance from Outer peripheral distance from the


No. Boundary of the Urban Local Bodies
where PMAY is permissible
1 Municipal Corporations 2.0 k.m.
2 Municipal Councils / Nagarpanchayats 1.0 k.m.

14.5 CONSERVATION OF HERITAGE BUILDINGS / PRECINCTS / NATURAL


FEATURES
14.5.1 Applicability
This regulation will apply to heritage sites which means, artefacts, structures, areas and
precincts of historic and/or architectural and / or cultural significance (hereinafter as ‗Listed
Buildings / Heritage Buildings and Listed Precincts / Heritage Precincts‘‘) and those natural
features of environmental significance including scared graves, hills, hillocks, water bodies
(and the areas adjoining the same) etc. within the areas of Planning Authorities and Regional
Plan.
14.5.2 Preparation of List of Heritage Buildings, Heritage Precincts and Natural Features
The Authority on advice of Heritage Committee shall prepare heritage list and shall issue
public notice in the local newspapers declaring his intention to include the buildings or modify
such list of buildings, structures artefacts, areas and precincts of historic and /or cultural
significance and the list of natural features of environmental significance, including sacred
groves, hills, hillocks, water bodies etc. and invite objections and suggestions from any person
in respect of the proposed inclusion within a period of 30 days from the date of such notice.
While preparing the list, the authority shall strictly insure that such structure / precinct has
heritage value and is liable for inclusion in the list in view of its national, regional, or local
importance as specified in Regulation No. 14.5.8. The structure / precinct which do not comply
the requirements specified in the said regulation shall not be included in the list. Generally, the
following aspects shall be ascertained while preparing the list.
a) Its value for architectural, historical or cultural reasons
b) The date and/or period and/or design and/or unique use of the building or artefact
c) Relevance to social or economic history
d) Association with well-known persons or events
e) A building or groups of buildings and/or areas of a distinct architectural design and/or
style, historic period or way of life having sociological interest and/or community value
f) The unique value of a building or architectural features or artefact and/or being part of a
chain of architectural development that would be broken if it were lost
(g) Its value as a part of a group of buildings
(h) Representing forms of technological development
(i) Vistas of natural/scenic beauty or interest, including water front areas, distinctive and/or
planned lines of sight, street line, skyline or topographical features.
(j) Open spaces sometimes integrally planned with their associated areas having a
distinctive way of life and for which they have the potential to be areas of recreation
(k) Industrial sites of historical interest

289
UDCPR-2020

(l) Archaeological sites


(m) Natural heritage sites
(n) Sites of scenic beauty
All such heritage structures shall be documented in the Heritage List Card as given in
Appendix - L and the Heritage List Card shall be duly authenticated by the authorised heritage
conservationist upon his site visit, stating the significance of heritage site for its appropriate
grading.
The Authority shall issue notice to the owner of the buildings, artifacts, areas and precincts of
historic and/or cultural significance etc. and invite objections and suggestions from such person
in respect of proposed inclusion within 30 days from the date of such notice.
The Authority, in respect of any objections or suggestions, shall decide the same after giving
hearing to such persons and send the list as finalised by him to the State Government for
approval. The State Government may sanction the said heritage list with modification, if
required. This list will be called Final Heritage List. For this, modification under section 37 or
20 of the Maharashtra Regional and Town Planning Act, 1966 need not be necessary.
Thereafter, the Authority may amend the Final Heritage List from time to time as and when
required, on the advice of the Heritage Committee. In such case it shall not be necessary to
follow the procedure under Section 37 or section 20 of the Maharashtra Regional and Town
Planning Act of 1966, but the procedure as laid down above in this regulation shall be
followed.
The heritage lists which have been approved by the Government before coming into force these
regulations, shall remain valid and shall be the part of these regulations.
14.5.3 Restriction on development, Redevelopment/repairs etc.
No development or redevelopment or engineering operations or addition, repairs, renovation
including the painting of buildings, replacement of special features or plastering or demolition
of any part thereof of the said listed buildings, or listed precincts or listed natural features shall
be allowed except with the prior written permission of the Authority. Before granting any such
permissions, the Authority shall consult the Heritage Conservation Committee to be appointed
by the State Government (hereinafter referred to as ‗the said Heritage Conservation
Committee‘) and shall act on the advice of the Heritage Conservation Committee.
Provided that before granting any permission for demolition or major alterations/ addition to
listed buildings (or buildings within listed precincts) objections and suggestions from the
public shall be invited and duly considered by the Heritage Conservation Committee.
Provided that, in exceptional cases for reasons to be recorded in writing the Authority may
overrule the advice of the Heritage Conservation Committee.
Provided further that the power to overrule the advice of the Heritage Conservation Committee
shall not be delegated by the Authority to any other officer.
If the application for development, alteration, modification of the Heritage precincts or listed
building is rejected under this regulation or while granting such permission any conditions are
imposed on the owner which deprives him to use the FSI, the said owner shall be compensated
by grant of Development Right Certificate.

290
UDCPR-2020

14.5.4 Incentive uses for Heritage Buildings.


After the commencement of this Regulation, the Heritage Precincts or the Listed Buildings
shall not be permitted to be used for any commercial or office purpose except with the
concurrence of the Heritage Conservation Committee. However, in cases of buildings included
in the Heritage Conservation List, if the owner /owners agree to maintain the listed Heritage
Building in an ideal state of preservation with due repairs / restorations and if the owner /
owners give a written undertaking to that effect, may be allowed by the Authority in
consultation with Heritage Conservation Committee to convert part or the whole of the
building to commercial / office use / any other different use that is beneficial to the
preservation of the same Provided that, if the heritage building is not maintained suitably or if
the heritage value of the building is allowed to be spoiled in any manner, the Authority shall
withdraw the permission forthwith.
14.5.5 Grant of Transferable Development Rights to Owners/ Lessees of Heritage
Buildings/Heritage Precincts.
If the owner is deprived of using permissible FSI on the said plot or development permission is
granted to him with conditions which deprive him of use of permissible FSI, then he shall be
entitled for TDR as decided by the Authority in consultation with Heritage Conservation
Committee. The utilization of this TDR shall be as per TDR Regulation.
14.5.6 Maintaining Skyline
Building included in heritage precinct shall maintain the skyline, roof profile, built form edges,
and respect the architectural style (without any high-rise development) as may be existing in
the surrounding area, so as not to diminish or destroy the value and beauty of the said heritage
building/ heritage precinct. The development within the precinct shall be in accordance with
the guidelines framed by the Authority on the advice of the Heritage Conservation Committee.
14.5.7 Restrictive Covenants
Covenants, terms and conditions, imposed under Regulations existing as on the date of this
Regulation, on the leasehold plots either by the State Government or by the Planning
Authority, shall continue to be imposed, in addition to the UDCPR. However, in case of any
conflict with the heritage preservation interest/ environmental conservation and the said
Development Control and Promotion Regulations, this heritage regulation shall prevail.
14.5.8 Grading of the Listed Buildings/Listed Precincts.
Grade-I Grade-II Grade-III
(A) Definitions
Heritage Grade-I comprises Heritage Grade - II (A and B) Heritage Grade - III comprises
Buildings and precincts of comprises buildings and buildings and precincts of local
National or Historic importance, precincts of Regional importance for townscape, they
excellence in architectural style, importance, possessing special evoke architectural, aesthetic, or
design technology and material architectural or aesthetic merit, sociological interest though not
usage and/or aesthetics; or cultural or historical as in Heritage Grade - II. These
associated with a great historic significance though of a lower contribute to determine the
event, personality, movement or scale than Heritage Grade-I. character of the locality and can
institution. They have been and They are local landmarks, which be representative of life-style of a
are the prime landmarks of the contribute to the image and particular community or region

291
UDCPR-2020
city and of National importance. identity of the region. They may and, may also be distinguished
be the work of master craftsmen by setting on a street line or
or may be models of proportion special character of the façade
and ornamentation or designed and uniformity of height width
to suit a particular climate. and scale.
(B) Objective
Heritage Grade-I richly Heritage Grade-II deserves Heritage Grade-III deserves
deserves careful preservation. intelligent conservation. intelligent conservation (though
on a lesser scale than Grade-II
and special protection to unique
features and attributes.)
(C) Scope for Change
No interventions be permitted Grade-II (A) External, internal changes and
either on exterior or interior Internal changes and adaptive adaptive reuse would by and
unless it is necessary in the reuse and external changes may by large be allowed. Changes can
interest of strengthening and and large be allowed but subject to include extensions, and
prolonging the life of the strict scrutiny. Care would be additional buildings in the same
buildings or precincts or any taken to ensure the conservation of plot or compound. However any
part of features thereof. For all special aspects for which it is changes should be such that they
this purpose absolutely included in Heritage Grade-II do not detract from the existing
essential and minimum heritage building/ precinct.
Grade-II (B)
changes would be allowed and
they must be in accordance In addition to the above, extension
with the original. Repairs shall of Additional building in the same
be with the use of like to like plot or compound, in certain
material. circumstances be allowed,
provided that, the
extension/additional building is in
harmony with (and does not
detract from) the existing heritage
buildings or precincts especially in
terms of height, and facade.
(D) Procedure
Development permission for Development permission for the Development permission for the
the changes would be given by changes / additional construction changes / additional construction
the Authority on the advice of would be given by the Authority would be given by the Authority
the Heritage Conservation on the advice of Heritage on the advice of the Heritage
Committee. Conservation Committee. Conservation Committee.
(E) Vistas/ Surrounding
Development
All developments in areas
surrounding Heritage Grade-I
shall be regulated and
controlled by ensuring that it

292
UDCPR-2020

does not mark the grandeur of


or view from Heritage Grade-I

14.5.9 Signs and Outdoor Display Structures


No display or advertising signs and outdoor display structures on listed building and / or the
Heritage Precincts shall be permitted except accordance with part X (sign and outdoor display
structure) National Building Code of India.
Prohibition of advertising signs and outdoor display structure in certain cases :
Notwithstanding the provisions mentioned above no advertising sign or outdoor display
structures shall be permitted on buildings of architectural, aesthetic, historic or heritage
importance as may be decided by the Authority, Committee or also on Government buildings,
save that in the case of Government buildings only such advertising signs or outdoor display
structures may be permitted that relate to the activities of the said buildings and related
programs.
Provided that, if the Heritage Conservation Committee so advises, the Authority shall refuse
permission for any sign or outdoor display structure.
14.5.10 Composition of Heritage Conservation Committee.
There shall be Heritage Conservation Committee for the areas within the jurisdiction of
Planning Authority and Regional Plan area. This Committee shall be constituted by the
Government in consultation with the Authority. The committee shall comprise of the following
members:-
i) Chairman Appointed by the Government Chairman
ii) Joint Director of Town Planning of the Concerned Division Member
(For the areas excluding Municipal Council and Regional Plan area)
(Assistant Director of Town Planning of the District for Municipal
Councils)
iii) Divisional/ District officer of Archaeological Survey of India Member
iv) Divisional/ District officer of Archaeological Survey of Maharashtra Member
v) Convenor, INTACH Local Chapter Member
vi) Heritage Conservation Architect having more than 10 years of experience Member
and membership of the Council of Architecture
vii) Historian having experience of more than 10 years in the field of History. Member
viii) Structural Engineer having experience of more than 10 years and member Member
of Institute of Engineers.
ix) City Engineer (Planning Authority)/ Chief Planner (Metropolitan Member
Authority or SPA or NTDA) / Chief Officer (Municipal Council) / secretary
Assistant Director of Town Planning of the District. (Regional Plan area)
The tenure of the Chairman and Members of categories (vi) to (viii) above shall change after
every three years provided however that, the same person shall be eligible for re-appointment as
Member.

293

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy