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Maharashtra Gazette · Government of Maharashtra

Nagpur Part 1-A (29-11-2018) Maharashtra Regional and Town Planning Act, 1966 Extra Ordinary No. 224 and 225.

Published 29 November 2018

Type
Extra - Ordinary
Part
Part -1 A
Division
NAGPUR DIVISION
Identifier
in.gazette.maharashtra.2018-11-29.Extra-Ordinary_NAGPUR-DIVISION_Part-1-A
Languages
English, Marathi

Reg. No. NP CITY/236/2018-20.

द्धन्रु]क्ष् रू न्

+रून्

ह्यण्ॅ ॅ

म्रु ४, +हॅ ६७ ] ाप्म्न्, म्दन्क्ष् २९, २०१८/+ ८, ॅ १९४० [ण्रु ९, ॅद्ध : प् १८.००

रूम्ह रूहॅ द्ध त्र्ॅ ॅन्रू्र ॅ ह्यम् ान्म््र म्भ् ण्रु ॅद्धहॅ ह्य +.

ॅ-+----न् ह्यम््र ान्म््र

---------------

( न्-द द्ध ह्यरू ॅन् + + हम्ह्यह्यन्) ॅम्भ् न् ह्यम््र रूहदहह्य +रू द्धन्रु]क्ष् ह्य ह्यन्रु

म् ह रूह्यद्ध, द्धह्र, न्ह्यॅ दन्, ह्य न्ह्यॅ, ह्यद्धॅ ह्य म् रूह्यॅ ह्य्र

न््र +ह्यह्यद्ध +म् ॅ + + म् +ह्यरू.

---------------

१-+ (+रू.) (. ह्यम्. ा.) द्ध. . न्., +. ॅ. २२४.

न् ह्यम्ॅरू ह्यम् द्धह, द्धाहद-४०० ०३२, ह्यहॅ १९ म्दन्, २०१८.

द्धन्रु]क्ष् ह्यॅ म् न् न् +ह्यह्यद्ध, १९६६.

ॅद्धहॅ ह्य]क्ष््ररू-२४१८-४७५-.ॅ. १३०-ह्यम्-९-२०१८.----

र्+, न् न््र रूाह्यन् ह्यम्ॅरू ( ा " ह्यम्ॅरू " +रू रूहद +), द्धन्रु]क्ष् ह्यॅ म् न्न् +ह्यह्यद्ध, १९६६ (रू १९६६ द्ध. ३७ म्) ( ा " +ह्यह्यद्ध" +रू रूहद +) ॅद्ध ३१(१) +म् रू, न् ह्यम्ॅरू ह्यम् +ह्यरू ॅ. ह्य]क्ष््ररू-२४९६-२६४३-.ॅ. ३००(+)-९७-ह्यम्-९, ह्यहॅ ७ म्न््र २००० +म् द्धहन् ्र +रू ्र ह्यहॅ १ द्ध, २००० रू +हद्ध +्र +. रू न् न््र रूाह्यन् ह्यम्ॅरू ह्यम्ॅरू ह्यह ह्यद्धम््र रू +ह्यरू, न् ह्यम्ॅरू ह्यम् ॅ. ह्य]क्ष््ररू-२४००-१६८४-.ॅ. २३५-२०१४-ह्यम्-९, ह्यहॅ ३१ द्ध, २००१ +म् द्धहन् ्र +रू ्र ह्यहॅ ९ ह्य, २००१ रू +हद्ध +्र +. ( ा " ह्यम्ॅरू ह्यह ह्यद्धम््र" +रू रूहद +);

+ह्य र्+, न् न् ह्यम्ॅरू +न्ध््र ह्यम्ॅरू ह्यह ह्यद्धम््र्र ह्यम्ह्यद्ध ॅ. १४.२.१ द्ध +ह्यॅ ह्यम् न् +ह्यॅ म्न् +ा ॅन्ॅह्यन् रू ह्य ॅ. ह्य]क्ष््ररू-२४०६-४४१-.ॅ. ५४-२००६-ह्यम्-९, ह्यहॅ २० ा, २००७ म् रू ह्य ॅ. ह्य]क्ष््ररू-२४१३-३८३-.ॅ.१७५-२०१३-ह्यम्-९, ह्यहॅ ३ +]क्ष्दन्, २०१६ +म् द्धहन््र +्र +;

+ह्य र्+, न् द्धन्ह्यॅ ह्य ह्यॅन् द्ध ( ा " ह्य ह्यॅन्" +रू रूहद +) न्म् ॅ. ८०, ह्यहॅ २९ +रू]क्ष्, २०१७ +म् न् न््र +ह्यॅ ह्यम््र दह द्धाभ् ह्यॅ्र न् म्न् +ा ॅन्रू्र +्र +रू, +ह्यॅ म्न्रूहदह्र ह्यम्ॅरू ह्यह ह्यद्धम््र्र ह्यद्ध ॅ. १४.२.१ (द्र) द्ध +ह्यह्यद्ध ॅद्ध ३७(१) +म् त्र्ॅन्द रूह्यम् ॅ म् रूहदह +म्ॅ म्ह्यॅ ॅम््र ॅ त्र्ॅन्द रूम् रूरू द्धहन््ररू्र रून् ॅ + ( ा " त्र्ॅन्द" +रू रूहद +);

.-ॅ-+-१ (१८७७).

(१)२ द्धन्रु]क्ष् रू न् +रून् ॅ-+ न् ह्यम््र ान्म््र, म्दन्क्ष् २९, २०१८ /+ ८, ॅ १९४० +ह्य र्+, +म्ॅ ॅ्रहन् म् रूहॅ न्न्, द्धन्रु]क्ष् न्, ा ह रू हन् रूह्यम् त्र्ॅन्द ॅ्र दरू द्ध ॅन्म्, +रू न् रू द्ध +;

र्+, +, +ह्यह्यद्ध ॅद्ध ३७(२) +म् म् +ारुह +रू न् +ह्यॅन्ह म्न् ॅ ह्यम्ॅरू ्र, रूह्यम् त्र्ॅन्दरू रू रूद +ारू्रद्ध '+' द्ध द्ध + +ह्य रू्र ह्यम्ॅरू द्धहान््र्र +ह्यरू रूान््र ॅन् + :--

ह्यम्ॅरू द्धहन््र +ह्यरू त्र्ॅन्द रू्र्र म्]क्ष् ्रहन् रूद "+ारू्र +" द्ध द्ध ॅारून् म् ्र रूद्धम् ॅन् + :--

SCHEDULE– 'A' (Appended with the Government Notifiction No. TPS-2418-475-CR130-2018-UD-9, dated the 19th November, 2018) Sr. Regulation Provisions in Sanctioned Proposed Modification Under Modification Sanctioned under No. No. DCR Section 37(1) of MR & TP Act, Section 37(2) of MRTP Act, (1) (2) (3)

1966 to be including in Sanctioned 1966 Development Control Regulations 2000 for Nagpur City by Municipal Corporation, Nagpur (4)

(5)

With the previous approval of the

1 14.2.1(b) With the previous approval

With the previous approval of the

Commissioner/Chairman of NIT any

of the Commissioner/Chair-

Commissioner/Chairman of NIT

open land/lands or closed Industrial

man of NITany open land

unit/units on such land in the Indus-

lands or closed Industrial

trial Zone may be permitted.

unit/units on such land in

the Industrial Zone may

any open land or lands of closed Industrial unit/units on such land in the Industrial Zone (Excluding the leased out Plots by NIT/NMC) may

(i) to be utilized for all the users

be permitted to be utilized

be permitted to be utilized for all

pemissible in the Commercial Zone

for all the users pemissible

with permissible FSI in Commer-

in the Residential Zone

the users pemissible in the Residen- tial Zone with permissible FSI in

cial Zone. Subject to payment of

with permissible FSI in

Residential Zone. Subject to pay-

premium to be paid for Residential

Residential Zone. Subject

ment of premium to be paid equal

&/or other non Commercial Use

to payment of premium to equal to 10% of the rate of Devel-

be paid equal to 20% of the

to 15% of the rate of Developed lands asgiven in the Annual State-

oped lands as given in the Annual

rate of Developed lands as

ment of Rates published by IGR

Statement of Rates published by

given in the Annual State- IGR every year.

ment of Rates published by

For purely Commercial use pay-

IGR every year. However

every year.

However for the Industrial Plots leased out by Planning Authority.

ment of premium to be paid shall

FSI of minimum 25% of

(NIT/NMC) while granting I to

be 20% of the rate of Developed

such permissible total FSI

lands as given in the Annual State-

shall be utilized towards

ment of Rates published by IGR

Commercial users.

every year.

R permission on these plots FSI of 2.5 for purely commercial use and 2.00 for Mix use shall be permis- sible subject to payment of premium

(ii) Commercial use &/or mixed

at the rate of 15% for Residential

use shall be permissible only on the

of open land or 5% built

and 20% for Commercial use.

plot fronting on road having width

up space in the proposed 12.00 mtr. & above.

construction at appropri-

On the road width below 12.00

ate loca

mtr. only residential use shall be

permissible with FSI of Commer-

cial zone for purely Residential use.

Premium charges shall be as per rate of Developed lands as given in the annual statement of Rate published by IGR every year.

द्धन्रु]क्ष् रू न् +रून् ॅ-+ न् ह्यम््र ान्म््र, म्दन्क्ष् २९, २०१८ /+ ८, ॅ १९४० ३ SCHEDULE–'A'– Contd.

(1) (2) (3)

(4) 2 14.2.1(b) The Conversion of Indus-

(5)

The Conversion of Industrial Zone

trial Zone to Residential

The Conversion of Industrial Zone

to Residential Zone or Commercial

Zone in respect of closed

to Residential Zone in respect of

Zone in respect of closed industries

industries shall not be per-

closed industries shall not be per-

shall not be permitted unless NOC

mitted unless NOC from from appropriate Labour Commis-

Labour Commissioner, sioner/ Additional Labour Commis-

Maharashtra State,

mitted unless NOC from Labour Commissioner Maharashtra State, Mumbai stating that all legal dues

sioner, Nagpur stating that all legal

Mumbai stating that all le-

have been paid to the workers or

dues have been paid to the workers

gal dues have been paid to

satisfactory agreement between

or satisfactory agreement between

the workers or satisfactory

management and workers have

management and workers have

agreement between man-

been made, is obtained, Provided

been made is obtained, Provided

agement and workers

that where conversion has been

that where conversion has been

have been made is ob- permitted on the basis of this

tained , Provided that

permitted on the basis of this cer- tificate, occupation certificate will

certificate, occupation certificate

when conversion has been will not be given unless no dues

permitted on the basis of certificate is granted by appropri-

this certificate, occupation

not be given unless a no dues certificate is granted by Labour Commissioner.

ate Labour Commissioner. Provided

certificate will not be given that if within 30 days of the receipt

unless a no dues certificate of the application for NOC to the

is granted by Labour Com- appropriate Labour Commissioner/

missioner.

Additional Labour Commissioner,

Nagpur fails to intimate in writing

to the applicant who has given

application for NOC, of this refusal

or sanctioned with such modifica-

tion or direction, the NOC shall be

deemed to have been granted.

3 14.2.1(b)(i) The layout or sub-division The layout or sub-division having

of such land admeasuring

The layout or sub-division of such

area more than 0.20 Ha. and less

up to 2.00 Ha. Shall be

land admeasuring up to 2.00 Ha.

than 2.00 Ha. shall be approved by

approved by the Commis-

shall be approved by the Commis-

the Commissioner, who will ensure

sioner, who will ensure that

sioner, who will ensure that 10%

that 10% land for public utilities and

10% land for public utili- amenities like Electric Sub-Station,

ties and amenities like

land for public utilities and ameni- ties like Electric Sub-Station, Bus

Bus Station, Sub-Post Office, Police

Electric Sub Station, Bus

Station, Sub-Post Office, Police out

out post and such other amenities

Station, Sub-Post Office,

post and such other amenities as

as may be consider necessary, will

Police out post and such be provided there in. These area

other amenities, as may

may be consider necessary, will be provided there in. These area will

will be in addition to the Recre-

be consider necessary, will

be in addition to the Recreational

ational space as required to be

be provided there in. These

space as required to be provided

provided under these regulation.

under these regulations. Provided area will be in addition to Provided this provision shall not be this provision shall not be applicable the Recreational space as applicable where the layout has where the Industrial layout hasrequired to be provided already been approved by the already been approved where in under these regulation. Planning Authority prior to the amenity space has already being Sanctioned of these modifications. provided in the approved layout. ४ द्धन्रु]क्ष् रू न् +रून् ॅ-+ न् ह्यम््र ान्म््र, म्दन्क्ष् २९, २०१८ /+ ८, ॅ १९४० SCHEDULE–'A'– Contd. (1) (2) (3)

(4) 4 14.2.1 Provision for public utilities Provision for public utilities and

(b) (vii) and amenities shall be amenities shall be considered to be

considered to be reserva- reservation in the Development

tion in the Development Plan and transferable development

Plan and transferable rights as Regulation No. 29 or FSI

development rights as of the same shall be available for

Regulation No. 29 or FSI utilization on the remaining land.

of the same shall be (Even it is considered as deemed

available for utilization on reservation, the Accommodation

the remaining land.

Reservation Policy shall not be ap-

(5)

Provision for public utilities and amenities shall be considered to be reservation in the Development Plan and transferable development rights as Regulation No. 29 or FSI of the same shall be available for utilization on the remaining land.

(Even if it is considered as deemed reservation, the Accommodation Reservation Policy shall not be

plicable for such cases.)

(ii) Conversion from Industrial

5 (ii) Conversion from Indu-

Zone to Residential/Commercial

strial Zone to Residential/

Commercial use shall be use shall be applicable to the entire

applicable to the entire land land holding and layout shall be

holding and layout shall be approved for the entire land

approved for the entire land holding and not in part. Conversion

holding and not in part. from Industrial Zone to Residential/

Conversion from Industrial Commercial use shall be applicable

Zone to Residential/ to the part area of land holding sub-

Commercial use shall be ject to the condition that total area

applicable to the part area of the land holding shall be consid-

of land holding subject to ered for deciding the percentage

the condition that total area of land to be reserved for public

of the land holding shall be amenity spaces, as per the said

considered for deciding the Regulations.

percentage of land to be

With the special written permission

reserved for public ame-

of Municipal Commissioner, land

nity spaces, as per the said

having area up to 0.20 Hectare in

Regulations.

size which are allocated for Indus-

With the special written trial use may be permitted to be

permission of Municipal used for Residential purpose or any

Commissioner, land having other permissible user in Residen-

area up to 0.20 Hectare in tial Zone.

size which are allocated for

Provided that, in such case the

Industrial use may be per-

owner/Developer shall require to

mitted to be used for Resi-

provide either 10% amenity space

dential purpose or any

in the form of open land or 5% built

other permissible user in

up space in the proposed construc-

Residential Zone. Provided

tion at appropriate location prefer-

that, in such case the

ably on ground floor.

owner/Developer shall re-

applicable for such cases.)

(ii) Conversion from Industrial Zone to Residential/Commercial use shall be applicable to the entire land holding and layout shall be approved for the entire land holding and not in part. Conversion from Industrial Zone to Residential/ Commercial use shall be applicable to the part area of land holding sub- ject to the condition that total area of the land holding shall be consid- ered. for deciding the percentage of land to be reserved for public amenity spaces, as per the said Regulations.

With the special written permission of Municipal Commissioner, land having area up to 0.20 Hectare in size which are allocated for Indus- trial use may be permitted to be used for Residential purpose or any other permissible user in Residen- tial Zone.

Provided that, in such case the owner/Developer shall require to provide either 10% amenity space in the form of open land or 5% built up space in the proposed construc- tion at appropriate location prefer- ably on ground floor.

Provided further that in case the Provided further that in case the quire to provide either 10% layout or scheme is already layout or scheme is already amenity space in the form द्धन्रु]क्ष् रू न् +रून् ॅ-+ न् ह्यम््र ान्म््र, म्दन्क्ष् २९, २०१८ /+ ८, ॅ १९४० ५ SCHEDULE–'A'– Contd.

(1) (2) (3)

(4)

(5)

approved by Planning Authority in

approved by Planning Authority in

that case the above condition of that case the above condition of

10% amenity space or 5% built up

10% amenity space or 5% built up

space shall not be insisted.

space shall not be insisted.

of open land or 5% built up space in the proposed construction at appropriate location preferably on ground floor.

In case of obnoxious Industries

In case of obnoxious Industries

existing on the remaining part area

existing on the remaining part area

of the land holding, necessary seg- of the land holding, necessary seg-

regation distance shall be provided. regation distance shall be provided.

However, in case of plots hav- However, in case of plots having

ing non-obnoxious user, no such

non-obnoxious user, no such seg-

segregating distance shall be

regating distance shall be provided.

provided. In case of development

In case of development for Indus-

for Industrial use on the plot adjoined

trial use on the plot adjoined to the

to the Residential/Commercial

Residential/Commercial develop-

development, the necessary

ment, the necessary segregating

segregating distance from such

distance from such existing Resi-

existing Residential/Commercial

dential/Commercial development

development shall be observed. shall be observed.

In case of obnoxious Industries existing on the remaining part area of the land holding necessary segregation distance shall be provided. However, in case of plots having non- obnoxious user, no such segregating distance shall be provided. In case of development for Industrial use on the plot adjoined to the Residential/Commercial development, the necessary segregating distance from such existing Residential/ Commercial development

shall be observed.

Out of the total area proposed to Out of the total area proposed to

be utilized for residential develop- be utilized for residential develop-

ment, 20% of the same shall be ment, 20% of the same shall be

built for residential tenements hav- built for residential tenements hav-

ing built up area upto 80 sq. mtrs. ing built up area upto 50 sq. mtrs.

6 Note (iii) Out of the total area pro- posed to be utilized for resi- dential development, 20% of the same shall be built for residential tenements having built up area upto 50 sq. mtrs.

रून् +ह्यरू रू www.maharashtra.gov.in रूहॅ रूभ्म्न् ्र द +. द्धन्रु]क्ष् न् ह +ारून् म् म्,

न्. . , ॅ +ह्यॅन््र.

----------------------------

१-+ (+रू.) (. ह्यम्. ा.) द्ध. . न्., +. ॅ. २२५.

URBAN DEVELOPMENT DEPARTMENT Mantralaya, Mumbai 400 032, dated the 19th November, 2018.

THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966.

No. TPS-2418-475-C.R.-130-UD-9-2018.—

Whereas, Revised Development Plan of Nagpur City has been sanctioned by the Government vide Urban Development Department's Notification No. TPS-2496-2643-CR-300(A)-97-UD-9, dated 7 th January, 2000 and has come into force with effect from the 1st March, 2000 (hereinafter referred to as "the said Development Plan") under Section 31 (1) of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) (hereinfter referred to as "the said Act") and also the Development Control Rules for the area within the jurisdiction of Nagpur Municipal Corporation have been sanctioned by the Government vide Urban Development Department's Notification No. TPS-2400-1684-CR-1952-2000-UD-9, Dated 31st March, 2001 and have come into force with effect from the 9th April, 2001 (hereinafter referred to as "the said DCR"); .-ॅ-+-२ (१८७७).

६ द्धन्रु]क्ष् रू न् +रून् ॅ-+ न् ह्यम््र ान्म््र, म्दन्क्ष् २९, २०१८ /+ ८, ॅ १९४०

And whereas, the Modification in respect of Non Industrial uses to be permitted in the Industrial Zone as per the Regulation No. 14.2.1 of the said DCR have been sanctioned by Government vide Notifi- cation No. TPS-2406-441-CR-54-2006-UD-9, Dated 20th July, 2007 & TPS-2413-383-CR-175-2013-UD-9, Dated 03rd October, 2016;

And whereas, the Nagpur Municipal Corporation being the Planning Authority (hereinafter referred to as. "the said Planning Authority") vide its Resolution No. 80, Dated 29th August, 2017 re- solved to modify the Provision No. 14.2.1 (b) of the said DCR, considering that the Industries in the Industrial Zone of the Nagpur City are being closed down and it is difficult to allow other use on the said place. Accordingly after following all the legal procedure as per the provisions of Sub-section (I) of Section 37 of the said Act, submitted a modification proposal to the Government, for its sanction, (here- inafter reffered to as "the said Proposed Modification");

And whereas, after making necessary enquiries and consulting the Director of Town Planning, Maharashtra State, Pune, the Government is of opinion that the said Modifications should be sanc- tioned with some changes;

Now therefore, in exercise of the power conferred on it under sub-section (2) of Section 37 of the said Act, the Government hereby, sanctions the said Proposed Modification as mentioned in the "Sched- uled 'A' appended hereto and for that purpose amends the said Development Plan Notification as Follows.".—

"In the Schedule of Modifications appended to the Notification sanctioning the said Development Plan, as mentioned in the "Schedule 'A' "new entry shall be added after the last entry.—

SCHEDULE– 'A' (Appended with the Government Notifiction No. TPS-2418-475-CR130-2018-UD-9, dated the 19th November, 2018) Sr. Regulation Provisions in Sanctioned Proposed Modification Under Modification Sanctioned under No. No. DCR Section 37(1) of MR & TP Act, Section 37(2) of MRTP Act, (1) (2) (3)

1966 to be including in Sanctioned 1966 Development Control Regulations 2000 for Nagpur City by Municipal Corporation, Nagpur (4)

(5)

With the previous approval of the

1 14.2.1(b) With the previous approval

With the previous approval of the

Commissioner/Chairman of NIT

of the Commissioner/Chair-

Commissioner/Chairman of NIT

any open land/lands or closed

man of NIT any open land

any open land / lands or closed In-

Industrial unit/units on such land in

lands or closed Industrial

the Industrial Zone may be permitted.

unit/units on such land in

the Industrial Zone may

dustrial unit/units on such land in the Industrial Zone (Excluding the leased out Plots by NIT/NMC) may

(i) to be utilized for all the users

be permitted to be utilized

be permitted to be utilized for all

permissible in the Commercial Zone

for all the users pemissible

with permissible FSI in Commer-

in the Residential Zone

the users pemissible in the Residen- tial Zone with permissible FSI in

cial Zone. Subject to payment of

with permissible FSI in

Residential Zone. Subject to pay-

premium to be paid for Residential

Residential Zone. Subject

ment of premium to be paid equal

&/or other non Commercial Use

to payment of premium to equal to 10% of the rate of Devel-

be paid equal to 20% of the

to 15% of the rate of Developed lands asgiven in the Annual State-

oped lands as given in the Annual

rate of Developed lands as

ment of Rates published by IGR

Statement of Rates published by

given in the Annual State- IGR every year.

ment of Rates published by

For purely Commercial use pay-

IGR every year. However

every year.

However for the Industrial Plots leased out by Planning Authority.

ment of premium to be paid shall

FSI of minimum 25% of

(NIT/NMC) while granting I to R

be 20% of the rate of Developed

such permissible total FSI

lands as given in the Annual State-

shall be utilized towards

ment of Rates published by IGR

Commercial users.

every year.

permission on these plots FSI of 2.5 for purely commercial use and 2.00 for Mix use shall be permissibleद्धन्रु]क्ष् रू न् +रून् ॅ-+ न् ह्यम््र ान्म््र, म्दन्क्ष् २९, २०१८ /+ ८, ॅ १९४० ७ SCHEDULE–'A'– Contd. (1) (2) (3)

(4)

(5)

(ii) Commercial use &/or mixed

for Mix use shall be permissible

use shall be permissible only on the

subject to payment of premium at

plot fronting on road having width

12.00 mtr. & above.

On the road width below 12.00

mtr. only residential use shall be

permissible with FSI of Commer-

cial zone for purely Residential use.

2 14.2.1(b) The Conversion of Indus-

the rate of 15% for Residential and 20% for Commercial use. Premium charges shall be as per rate of Developed lands as given in the annual statement of Rate published by IGR every year.

The Conversion of Industrial Zone

trial Zone to Residential

The Conversion of Industrial Zone

to Residential Zone or Commercial

Zone in respect of closed

to Residential Zone in respect of

Zone in respect of closed industries

industries shall not be per-

closed industries shall not be

shall not be permitted unless NOC

mitted unless NOC from from appropriate Labour Commis-

Labour Commissioner, sioner/ Additional Labour Commis-

permitted unless NOC from Labour Commissioner, Maharashtra State, Mumbai stating that all legal dues

sioner, Nagpur stating that all legal

Maharashtra State,

Mumbai stating that all dues have been paid to the

legal dues have been paid

have been paid to the workers or satisfactory agreement between

workers or satisfactory agreement

management and workers have

between management and

to the workers or satisfac-

tory agreement between

been made, is obtained, Provided

workers have been made is

management and workers

that, where conversion has been

obtained, Provided that, where

permitted on the basis of this

conversion has been permitted on

have been made is obtained,

Provided that where the basis of this certificate,

conversion has been

certificate, occupation certificate will not be given unless a no dues

occupation certificate will not be

certificate is granted by Labour

given unless a no dues certificate

permitted on the basis of

this certificate, occupation

Commissioner.

is granted by appropriate Labour

certificate will not be given Commissioner. Provided that if

within 30 days of the receipt of the

unless a no dues certificate

is granted by Labour application for NOC to the appro-

Commissioner.

priate Labour Commissioner/

Additional Labour Commissioner,

Nagpur fails to intimate in writing

to the applicant who has given

application for NOC, of this refusal

or sanctioned with such modifica-

tion or direction, the NOC shall be

deemed to have been granted.

८ द्धन्रु]क्ष् रू न् +रून् ॅ-+ न् ह्यम््र ान्म््र, म्दन्क्ष् २९, २०१८ /+ ८, ॅ १९४० SCHEDULE–'A'– Contd.

(1) (2) (3)

(4)

(5)

3 14.2.1(b)(i) The layout or sub-division

of such land admeasuring up to 2.00 Ha. shall be approved by the Commis- sioner, who will ensure that 10% land for public utili- ties and amenities like Electric Sub-Station, Bus Station, Sub-Post Office, Police out post and such other amenities as may be consider necessary, will be provided there in. These area will be in addition to the recreational space as required to be provided under these regulation.

The layout or sub-division of such land admeasuring up to 2.00 Ha. shall be approved by the Commis- sioner, who will ensure that 10% land for public utilities and ameni- ties like Electric Sub-Station, Bus Station, Sub-Post Office, Police out post and such other amenities as may be consider necessary, will be provided there in. These area will be in addition to the Recreational space as required to be provided under these regulations. Provided this provision shall not be applicable where the Industrial layout has already been approved and where in amenity space has already being provided in the approved layout.

The layout or sub-division having area more than 0.20 Ha. and less than 0.20 Ha. shall be approved by the Commissioner, who will ensure that 10% land for public utilities and amenities like Electric Sub-Station, Bus Station, Sub-Post Office, Police out post and such other amenities as may be consider necessary, will be provided there in. These area will be in addition to the recre- ational space as required to be provided under these regulation. Provided this provision shall not be applicable where the layout has already been approved by the Planning Authority prior to the Sanctioned of these modifications.

4 14.2.1 Provision for public utilities Provision for public utilities and Provision for public utilities and (b) (vii) and amenities shall be amenities shall be considered to be amenities shall be considered to be considered to be reserva- reservation in the Development reservation in the Development tion in the Development Plan and transferable development Plan and transferable development Plan and transferable rights as Regulation No. 29 or FSI rights as Regulation No. 29 or FSI development rights as of the same shall be available for of the same shall be available for Regulation No. 29 or FSI utilization on the remaining land. utilization on the remaining land.

of the same shall be (Even it is considered as deemed (Even if it is considered as deemed available for utilization on reservation, the accommodation reservation, the accommodation the remaining land.

Reservation Policy shall not be Reservation Policy shall not be

applicable for such cases.)

applicable for such cases.)

(ii) Conversion from Industrial (ii) Conversion from Industrial

Zone to Residential/Commercial Zone to Residential/Commercial

use shall be applicable to the entire use shall be applicable to the

land holding and layout shall be entire land holding and layout shall

approved for the entire land be approved for the entire land

holding and not in part. Conversion holding and not in part. Conversion

from Industrial Zone to Residential/ from Industrial Zone to Residential/

Commercial use shall be applicable Commercial use shall be applicable

to the part area of land holding sub- to the part area of land holding sub-

ject to the condition that total area ject to the condition that total area

of the land holding shall be consid- of the land holding shall be consid-

ered for deciding the percentage ered for deciding the percentageof land to be reserved for public of land to be reserved for public amenity spaces, as per the said amenity spaces, as per the said 5 (ii) Conversion from Indu- strial Zone to Residential/ Commercial use shall be applicable to the entire land holding and layout shall be approved for the entire land holding and not in part. Conversion from Industrial Zone to Residential/ Commercial use shall be applicable to the part area of land holding subject to the condition that total area of the land holding shall be considered for deciding the percentage of land to be reserved for public ame- nity spaces, as per the said Regulations. Regulations. Regulations.

द्धन्रु]क्ष् रू न् +रून् ॅ-+ न् ह्यम््र ान्म््र, म्दन्क्ष् २९, २०१८ /+ ८, ॅ १९४० ९ SCHEDULE–'A'– Contd.

(1) (2) (3)

(4)

(5)

With the special written permission

With the special written permission of Municipal Commissioner, land having area up to 0.20 Hector in size which are allocated for Indus- trial use may be permitted to be used for Residential purpose or any other permissible user in Residen- tial Zone.

of Municipal Commissioner, land having area up to 0.20 Hector in size which are allocated for Indus- trial use may be permitted to be used for Residential purpose or any other permissible user in Residen- tial Zone.

Provided that, in such case the owner/Developer shall require to provide either 10% amenity space in the form of open land or 5% built up space in the proposed construc- tion at appropriate location prefer- ably on ground floor.

Provided that, in such case the owner/Developer shall require to provide either 10% amenity space in the form of open land or 5% built up space in the proposed construc- tion at appropriate location prefer- ably on ground floor.

With the special written permission of Municipal Commissioner, land having area up to 0.20 Hector in size which are allocated for Industrial use may be per- mitted to be used for Resi- dential purpose or any other permissible user in Residential Zone. Provided that, in such case the owner/Developer shall require to provide either 10% amenity space in the form of open land or 5% built up space in the proposed construction at appropriate location preferably on ground floor.

Provided further that in case the layout or scheme is already approved by Planning Authority in that case the above condition of 10% amenity space or 5% built up space shall not be insisted.

Provided further that in case the layout or scheme is already ap- proved by Planning Authority in that case the above condition of 10% amenity space or 5% built up space shall not be insisted.

In case of obnoxious Industries existing on the remaining part area of the land holding necessary seg- regation distance shall be provided. However, in case of plots hav- ing non-obnoxious user, no such segregating distance shall be pro- vided. In case of development for Industrial use on the plot adjoin to the Residential/Commercial devel- opment, the necessary segregating distance from such existing Resi- dential/Commercial development

In case of obnoxious Industries existing on the remaining part area of the land holding necessary seg- regation distance shall be provided. However, in case of plots hav- ing non-obnoxious user, no such seg- regating distance shall be provided. In case of development for Indus- trial use on the plot adjoin to the Residential/Commercial develop- ment, the necessary segregating distance from such existing Resi- dential/Commercial development

shall be observed.

In case of obnoxious Industries existing on the remaining part area of the land holding necessary segregation distance shall be provided. However, in case of plots having non- obnoxious user, no such segregating distance shall be provided. In case of development for Industrial use on the plot adjoin to the Residential/Commercial development, the neces- sary segregating distance from such existing Resi- dential/Commercial devel- opment shall be observed. shall be observed. Out of the total area proposed to Out of the total area proposed to

be utilized for residential develop- be utilized for residential develop-

ment, 20% of the same shall be ment, 20% of the same shall be

built for residential tenements hav- built for residential tenements hav-

ing built up area upto 80 sq. mtrs. ing built up area upto 50 sq. mtrs.

6 Note (iii) Out of the total area pro- posed to be utilized for resi- dential development, 20% of the same shall be built for residential tenements having built up area upto 50 sq. mtrs.

This Notification shall also be available on the Government web site www.maharashtra.gov.in

By order and in the name of the Governor of Maharashtra,

R. S. CHOUHAN,

Section Officer.

.-ॅ-+-३ (१८७७).

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C. DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD PRINTED AT GOVERNMENT PRESS, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004.

Cite this issue. Maharashtra Gazette, Government of Maharashtra, 29 November 2018. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.maharashtra.2018-11-29.Extra-Ordinary_NAGPUR-DIVISION_Part-1-A/. Archive identifier in.gazette.maharashtra.2018-11-29.Extra-Ordinary_NAGPUR-DIVISION_Part-1-A.