PART VI ADDITIONAL FLOOR SPACE INDEX DCPR-2034

On the plot area excluding area to be handed over to MCGM/Appropriate Authority in lieu of
Reservation/ Existing amenity in the DP/ proposed DP roads/prescribed RL under MMC Act.
Conditions:
(1) 5% of total rooms shall be reserved for total 30 days in a year for Govt. /MCGM free of cost (only
room charges) & it may be monitored by the MTDC and Protocol Department. The Municipal
Commissioner shall intimate MTDC and Protocol Department regarding grant of building permission
/ occupation certificate to enable MTDC and Protocol Department to comply with these conditions.
(2) Development cess at 7% of the Land Rate as per ASR (for FSI 1) of the year of approval for the
BUA beyond Zonal (basic) FSI (excluding fungible compensatory area) shall be paid to MCGM.
Development cess shall be in addition to development charges levied as per section 124 of MR&TP
Act 1966.
(3) Commercial uses up to 20% of Zonal (basic) FSI, in addition to uses permissible in hotel i.e.
banquet hall, conference hall and meeting room etc. shall be permissible.
(4) In respect of star category Hotel, projects classified as Mega/Ultra Mega Project as per
Maharashtra Tourism Policy-2016, up to 20% of additional FSI available by charging premium can be
used for Tourism support activities on payment premium at the rate decided by Government from
time to time for the uses as proposed by Tourism Department from time to time.
(5) All concessions available to star category Hotel are also applicable to Tourism Units classified
under Mega Projects, Ultra mega Projects and Large tourism units.
(6) No condonation in parking and other requirements as in these Regulations shall be allowed
except in the side and rear Marginal open spaces condonation up to 25% may be granted with the
special permission of the Commissioner.
Note (I) Out of the additional FSI beyond Zonal (basic) FSI, 50% may be availed by utilizing TDR
(without payment of premium), provided that the utilization of such TDR will be allowed only after
availing of the remaining additional FSI.
(II) If mixed user other than 3 above along with star category hotel is proposed subject to fulfillment
of road width for such mix use, then no additional FSI will be available at concessional rate. Separate
entrances, Parking arrangements, lifts/ Lobbies shall be provided to segregate such mix uses.
33(5) Development/Redevelopment of Housing Schemes of Maharashtra Housing & Area
Development Authority (MHADA)
1) The FSI for a new scheme of Housing, implemented by MHADA on MHADA lands for
Economically Weaker Sections (EWS), Low Income Group (LIG) and Middle Income Group (MIG)
categories shall be 3.0 on the gross plot area (exclusive of the Fungible Compensatory Area) and
at least 60% BUA in such scheme shall be in the form of tenements under the EWS, LIG and MIG
categories, as defined by the Government in Housing Department from time to time.
Provided that the Floor Space Indices above may be permitted to be exceeded up to 4.00 FSI in case
of plots, having area of 4000 sq. m or above which front on roads having width of 18.00 m or more
with prior approval of Govt.
2) For redevelopment of existing housing schemes of MHADA, containing (i)EWS/LIG
and/or(ii)MIG and/or (iii) HIG houses with carpet area less than the maximum carpet area
prescribed for MIG, the total permissible FSI shall be 3.0 on the gross plot area (exclusive of the
Fungible Compensatory Area).
Provided that the Floor Space Indices above may be permitted to be exceeded up to 4.00 FSI in

Development Control and Promotion Regulation-2034

107 Development Plan 2034

Municipal Corporation of Greater Mumbai
 PART VI ADDITIONAL FLOOR SPACE INDEX DCPR-2034

case of plots, having area of 4000 sq. m or above which front on roads having width of 18.00 m
or more.
2.1 Where redevelopment of buildings in existing housing schemes of MHADA is undertaken by
the housing co-operative societies or the occupiers of such buildings or by the lessees of MHADA,
the Rehabilitation Area Entitlement, Incentive FSI and sharing of balance FSI shall be as follows:-
A) Rehabilitation Area Entitlement:
i) Under redevelopment of buildings in existing Housing Schemes of MHADA, the entitlement of
rehabilitation area for an existing residential tenement shall be equal to sum total of
(a) a basic entitlement equivalent to the carpet area of the existing tenement plus 35% thereof,
subject to a minimum carpet area of35 sq. m, and
(b) an additional entitlement, governed by the size of the plot under redevelopment, in
accordance with the Table-A below: -
Table-A
Area of the Plot under Redevelopment Additional Carpet Area on the Existing Carpet Area of
Tenement
Above 4000 sq. m to 2 ha 15%
Above 2 ha to 5 ha 25%
Above 5 ha to 10 ha 35%
Above 10 ha 45%
Explanation: (a) The plot under redevelopment means land demarcated by MHADA for
redevelopment.
(b)
tenement excluding that covered by the walls or any other areas specifically exempted from
floor space index computation as per then/ prevailing Regulation but including the areas of
balcony, if allowed free of FSI as per then Regulation.
B) Incentive FSI: Incentive FSI admissible against the FSI required for rehabilitation, as calculated
in (A) above, shall be based on the ratio (hereinafter referred to as Basic Ratio) of Land Rate (LR)
in Rs/sq. m. of the plot under redevelopment as per the Annual Schedule of Rates (ASR) and Rate
of Construction (RC)* in Rs/sq. m applicable to the area as per the ASR of the date of approval of
plan and shall be as given in the Table B below:-
Table B
Basic Ratio (LR/RC) Incentive (As % of Admissible Rehabilitation Area)
Above 6.00 40%
Above 4.00 and up to 6.00 50%
Above 2.00 and up to 4.00 60%
Up to 2.00 70%
Provided that the above incentive will be subject to the availability of the FSI on the Plot under
redevelopment and its distribution by MHADA.
Provided further that in case there are more than one land rate applicable to different parts of
the plot under redevelopment, a weighted average of all the applicable rates shall be taken for

Development Control and Promotion Regulation-2034

108 Development Plan 2034

Municipal Corporation of Greater Mumbai
 PART VI ADDITIONAL FLOOR SPACE INDEX DCPR-2034

calculating the Average Land Rate and the Basic Ratio. Provided further that the Land Rate (LR)
and the Rate of Construction (RC) for calculation of the Basic Ratio shall be taken for the year in
which the redevelopment project is approved by the Competent Authority.
C) Sharing of the Balance FSI:
The FSI remaining in balance after providing for the rehabilitation and the incentive components,
calculated as per (A) and (B) above respectively, shall be shared between the Cooperative Housing
Society and MHADA in the form of BUA, as given in Table C below and the share of MHADA shall
be handed over to MHADA free of cost.
Table C
Sharing of Balance FSI
Basic Ratio (LR/RC) Cooperative Society
MHADA Share
Share
Above 6.00 30% 70%
Above 4.00 and up to 6.00 35% 65%
Above 2.00 and up to 4.00 40% 60%
Up to 2.00 45% 55%
Explanation
* RC is the rate of construction in respect of R.C.C. Construction, as published by the Chief
Controlling Revenue Authority & Inspector General of Registration, Maharashtra State in the
Annual Schedule of Rates.

form of BUA, may allow additional BUA over and above existing BUA up to 3.00 FSI by charging
premium at the percentage rate of ASR defined in table C1 below:-
Table C1
LR/RC Ratio EWS/LIG MIG HIG
0 to 2 40% 60% 80%
2 to 4 45% 65% 85%
4 to 6 50% 70% 90%
above 6 55% 75% 95%
Provided further that in case of plots having area of 4000 sq. m or above which front on roads
having width of 18.00 m or more, the FSI 1.00 over and above 3.00 shall be permissible in the form
of Social Housing stock in the ratio of 1 MHADA: 0.5 Cooperative Society and it shall be handed
over to MHADA free of cost &without any compensation.
Provided that at the option of or with the approval of MHADA, the tenements coming to the share
of MHADA can also be provided by the Promoter/Developer elsewhere within the same or
adjoining Municipal Ward. Provided that the BUA area to be handed over to MHADA shall be as
per equivalent value of BUA as per the market value (as per ASR of that year)
2.2 Where redevelopment of buildings in the existing Housing Schemes of MHADA is undertaken
by MHADA or jointly by MHADA along with the housing societies or along with the occupiers of

Development Control and Promotion Regulation-2034

109 Development Plan 2034

Municipal Corporation of Greater Mumbai
 PART VI ADDITIONAL FLOOR SPACE INDEX DCPR-2034

such building or along with the lessees of MHADA, the Rehabilitation Area Entitlement, shall be
as follows:
Rehabilitation Area Entitlement:
The Rehabilitation Area Entitlement shall be increased by 15% of the existing carpet area, over
and above the Rehabilitation Area Entitlement calculated in (A) of 2.1 above.
Note: Fungible compensatory area as applicable on the surplus area to be handed over to MHADA
shall not be allowed to be utilized on sale component. No premium shall be charged on the
fungible compensatory area, in respect of area to be handed over to MHADA and surplus area to
be handed over to MHADA shall be exclusive of the Fungible compensatory BUA if availed
3) For the purpose of calculating the FSI, the entire area of the layout including Development Plan
roads and internal roads but excluding the land under the reservation of public amenities shall be
considered. Sub-division of plots shall be permissible on the basis of the compulsory open spaces
as in these Regulations.
The reservations in the MHADA layout may be developed as per the provisions of Regulation No.
17(3).
Provided that there shall be no restriction on the utilization of the FSI permissible under this
Regulation except for the restrictions under any law, rule or regulation.
4) For the purpose of this Regulation, the carpet areas for EWS, LIG or MIG tenements shall be as
determined by the Government from time to time.
5) a) For providing the requisite infrastructure for the increased population, Development Cess at
the rate of 7% of the Land Rate as per the ASR of the year of approval of the redevelopment
project shall be chargeable for the extra FSI (excluding the fungible compensatory area) granted
over and above the normal FSI for the redevelopment schemes. 5/7th part of the Development
Cess levied and collected by MHADA shall be transferred to the Municipal Corporation of Greater
Mumbai for developing necessary offsite infrastructure. Development cess shall be in addition to
development charges levied as per section 124 of MR&TP Act 1966.
b) No premium shall be charged under Regulation No 31(1) and 31(3) (for the fungible
compensatory area) for
(i) Construction of EWS/LIG and MIG tenements by MHADA on a MHADA plot or
(ii) in a redevelopment project for the construction of EWS/LIG and MIG tenements towards the
share of MHADA, or
6) Notwithstanding anything contained in these Regulations, the other relaxation incorporated in
Regulation No. 33(10) of these Regulations except clause 6.11, 6.15, 6.16 & 6.18 shall apply. The
payment of premium at the rate of 25% of normal premium or at the rate of 6.25% of the land
rates as per ASR (for FSI 1), whichever is more shall apply to the Housing Schemes under this
Regulation for construction of tenements under EWS/LIG/MIG categories. However, the front
open space shall not be less than 3.0 m.
7) a) In any Redevelopment Scheme where the Registered Co-operative Housing
Society/Developer appointed by the Registered Co-operative Housing Society/ Federation/
Association/ Union has obtained NOC from the MHADA/Mumbai Board, thereby sanctioning
additional balance FSI with the consent of 51% of its members and where such NOC holder has
made provision for alternative permanent accommodation in the proposed building (including
transit accommodation/Rent Compensation), then it shall be obligatory for all the

Development Control and Promotion Regulation-2034

110 Development Plan 2034

Municipal Corporation of Greater Mumbai
 PART VI ADDITIONAL FLOOR SPACE INDEX DCPR-2034

occupiers/members to participate in the Redevelopment Scheme and vacate the existing

tenements for the purpose of redevelopment. In case of failure to vacate the existing tenements,
the provisions of section 95 A of the MHAD Act. Mutatis mutandis shall apply for the purpose of
getting the tenements vacated from the non-co-operative members.
b) For redevelopment of buildings in any existing Housing Scheme of MHADA under clause2.2
hereinabove, by MHADA, the consent of the Cooperative Housing Society in the form of a valid
Resolution as per the Co-operative Societies Act, 1960 will be sufficient. In respect of members
not co-operating as per approval of the redevelopment project, action under section 95(A) of the
Maharashtra Housing and Area Development Act, 1976 may be taken by MHADA.
8) A corpus fund, as may be decided by MHADA, shall be created by the Developer which shall
remain with the Co-operative Housing Societies for the maintenance of the new buildings under
the Rehabilitation Component.
9)Convenience Shopping shall be permitted along layout roads with 9m to 18m width.
10(a) In case of layout of MHADA where development is proposed under this Regulation and
where such land is observed to be partially occupied by slum, under section 4 of Slum Act existing
prior to 1.1.2000 or such other reference date notified by the Govt., then for integrated
development of the entire layout area and in order to promote flexibility, MHADA may propose
development, including area occupied by the slum, under this regulation.
(b) (i) Each eligible residential or residential cum commercial slum dweller shall be entitled to a
tenement of carpet area of 27.88 sq. m (300 sq. ft.) and
(ii)Existing or 20.90 sq. m whichever is less in case of non-residential
(c) If such land occupied by slum is observed to be affected by reservation then the development
of reservation on land occupied by slum shall be regulated by the Regulation No 17(3)(C)
(d) Corpus fund: An amount of Rs.40000 or as may be decided by SRA as per Regulation No
33(10) shall be deposited with MHADA Authority for each eligible slum dwellers.
33(6) Reconstruction of buildings destroyed by fire or which have collapsed or which have been
demolished under lawful order
.
Reconstruction of buildings that existed on or after 10th June 1977 and have ceased to exist for
reasons cited above, shall be allowed to be reconstructed with FSI as per the Regulation No 30(C).
Provided that if the area covered under staircase/lift has not been claimed free of FSI as per then
prevailing Regulation as per the occupation plan, the area covered under staircases/ lifts shall
be considered while arriving protected BUA in such cases the premium for entire staircase lift
area in the proposed building as per these Regulations shall be recovered.
This FSI will be subject to the following conditions: -
1. Reconstruction of the new building on the plot should conform to provisions of DP and these
Regulations.
2. Reconstruction will be subject to an agreement executed by at least 70 per cent of the landlord
and occupants each in the original building, within the meaning of the Mumbai Rents, Hotel
and Lodging House Rates Control Act, 1947, and such agreement shall make a provision for
accommodation and re-accommodate the said landlord/all occupants in the new building on
agreed terms and a certificate from a practicing advocate having minimu
experience, is submitted confirming that on the date of application, reconstruction, agreements
are executed by at least 70% of the landlords and occupants each in the original building with

Development Control and Promotion Regulation-2034

111 Development Plan 2034

Municipal Corporation of Greater Mumbai