Chapter - 14 Special Schemes
Chapter - 14 Special Schemes
CHAPTER – 14
SPECIAL SCHEMES
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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.
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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.
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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)
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(1)
Substitued vide Corrigendum / Addendum No. CR 121/21, dt. 02nd December, 2021.
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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.
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.
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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
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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.
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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
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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
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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.
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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.
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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
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.
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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.
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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.
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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.
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Table No. 14 S
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
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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.
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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
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