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Accompaniment of Government Notification No. TPS-1822/251/C.R.09/2023/UD-13,

dated 5th December 2023

R 14.6. DEVELOPMENT CONTROL REGULATIONS FOR SLUM REHABILITAION AUTHORITY, PUNE

AND PIMPRI-CHINCHWAD MUNICIPAL AREA, PUNE.

INDEX

14.6.1

SHORT TITLE, EXTENTAND COMMENCEMENT

14.6.2

DEFINITIONS

14.6.3

APPLICABILITY

14.6.4

INTERPRETATION

14.6.5

DELEGATION OF POWERS

14.6.6

DISCRETIONARY POWERS

14.6.7

DEVELOPER’S REGISTRATION

14.6.8

PARAMETERS OF DEVELOPMENT OF SLUM REHABILITAION AREA

14.6.9

ELIGIBILITY

14.6.10

OBLIGATORY PARTICIPATION

14.6.11

INITIATION OF SLUM REHABILITAION SCHEME

14.6.12

SANCTION TO THE SRS

14.6.13

CLEARANCE ORDER

14.6.14

TRANSIT CAMP ACCOMODATION

14.6.15

DEVELOPMENT CONTROL RULES

14.6.16

REGULATIONS RELATING REHABILITATION AND FREE SALE COMPONENTS

14.6.17

PAYMENTS TO BE MADE TO SRA AND INSTALMENTS

14.6.18

BUILDING CONTROL REGULATIONS FOR SRS

14.6.19

SLUM AND DEVELOPMENT PLAN RESERVATIONS

14.6.20

CLUBBING OF TWO SCHEMES

14.6.21

SOCIAL AMENITIES AND RELIGIOUS STRUCTURES

14.6.22

FORMATION OF CO-OPERATIVE SOCIETY

14.6.23

RESPONSIBILITY OF THE CO-OPERATIVE SOCIETY

14.6.24

INALIENABILITY

14.6.25

POSSESSION OF THE TENEMENTS/SHOP

14.6.26

ALLOTMENT OF THE TENEMENTS TO PROTECTED OCCUPIERS

14.6.27

ALLOTMENT OF THE TENEMENTS TO NON PROTECTED OCCUPIERS

14.6.28

DE-NOTIFICATION OF SLUM REHABILITATION AREA

14.6.29

PREMIUM FOR OWNERSHIP AND TERMS OF LEASE

14.6.1 SHORT TITLE, COMMENCEMENT AND EXTENT

The said Regulations shall be called as “The Development Control Regulations for the Slum

Rehabilitation Authority, Pune and Pimpri-Chinchawad Area, Pune, 2022 (hereinafter called

“the said regulations”).

The said Regulations shall be applicable to the area under jurisdiction of SRA, Pune i.e. the entire

area of Pune Municipal Corporation (P.M.C.), Pimpri-Chinchwad Municipal Corporation (P.C.M.C.)

and P.M.R.D.A. (restricted to earlier P.C.N.T.D.A. Area) and M.I.D.C. area in P.M.C. and P.C.M.C.

as notified under sub-section (1) of Section 3(A) of Maharashtra Slums Areas (Improvement,

Clearance and Redevelopment) Act, 1971 from time to time by the State Government.

The said Regulations shall come into force on the date of its notification by the State Government

in the Official Gazette, The said Regulations shall replace all the existing Development Control

Regulations for Slum Rehabilitation Areas for Pune and Pimpri-Chinchwad Municipal Area, Pune.

14.6.2 DEFINITIONS

(a)

“Amenity Component” shall mean any constructed amenities, prescribed by CEO, SRA for

rehabilitation of the hutment dwellers in any SRS.

(b)

“Annual Statement of Rates (ASR)” is the annual statement of rates of lands and properties,

prepared annually by the Inspector General of Registration and Controller of Stamps, Maharashtra

State, Pune.

(c)

“Beneficiary” shall mean hutment dwellers found eligible as protected occupiers, as defined in

the Slum Act and / or orders issued thereunder.

(d)

“Built up area” means the area cover by a building on all floors including cantilever portion,

Mezzanine floor if any but excepting the areas excluded specifically from FSI under the said

Regulation.

(e)

“Composite Building” shall mean a building comprising both Rehabilitation component and Free-

Sale component or Built Up Amenity component.

(f)

“Developer” means such agency as may be appointed or registered under section 3-B by Chief

Executive Officer of Slum Rehabilitation Authority to implement Slum Rehabilitation Scheme.

(g)

“Floor Space Index” (FSI) or Floor Area Ratio (FAR) shall mean the quotient obtained by dividing

the combined built up area on all floors, (excepting the areas specifically exempted from

computation of FSI under the UDCPR and the said regulations) by the area of the plot.

(h)

“Free Sale Component” of SRS is the built up area that can be constructed against the incentive

FSI, in accordance with the said Regulations, available in the form of FSI or TDR out of the total

permissible FSI of the SRS (rehabilitation component plus incentive sale component as per the

ratios prescribed in the said Regulations) after deducting FSI required for Rehabilitation.

(i)

“Gross Plot Area” shall mean total plot area.

(j)

“Hazardous building” shall mean any building or part thereof which is used for the storage,

handling, manufacturing or processing of any Hazardous Material as defined in the UDCPR.

(k)

“Net Plot Area”, for the purpose of the said Regulations, shall mean the balance area derived

after deduction of area earmarked for reservations, DP roads, road widening under Development

Plan of the concerned Planning Authority.

(l)

“Pavement” shall mean any Municipal/ Government/ Semi-Government pavement, and shall

include such stretch of pavement as may be considered viable for the purpose of the SRS.

(m)

“Rehabilitation Component” shall mean and include the area of all residential tenements as

well as non-residential built-up premises to be given to the eligible hutment dwellers in accordance

with the provisions of the said Regulations and shall be inclusive of common areas, lobbies,

staircase/(s), lift/(s) and machine room/(s), passage/(s), welfare center/(s), balwadi/(s), women’s

welfare center/(s), society office/(s), incentive commercial area/(s) (if any), eligible amenity

structure/s (if any) and permitted religious structure/(s), more particularly described in the said

Regulations.

(n)

“Recreation Ground” (RG) shall mean, any common open space required to be kept in any

layout and left permanently open to the sky, having access from any public pathway or public

road.

(o)

“Slum Rehabilitation Scheme” shall mean a scheme for rehabilitation of hutment dwellers of

one or more slum rehabilitation areas in accordance with the provisions of the said Regulations

and shall include transit camps, infrastructure, amenities, Rehabilitation component and Free sale

component of the development, as permitted on the area of Slum Rehabilitation Scheme (SRS)

by the CEO, SRA.

(p)

“Slum Transferable Development Rights” (Slum TDR) shall mean the FSI remaining out of

the total permissible FSI of the SRS after utilizing in-situ FSI on site as per the provisions of the

said Regulations or shall mean the FSI made available in the form of Transferable Development

Rights in lieu of the unencumbered land spared for rehabilitation of hutment dwellers on land vitally

required for public purpose or ecologically fragile locations.

Terms and expressions other than those specifically defined herein shall have the same meaning

as defined in,

(i) Maharashtra Regional and Town Planning Act, 1966,

(ii) The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

(iii) Development Control Regulations of the concerned Planning Authority and the Rules framed

thereunder.

(iv) National Building Code (2016) as amended from time to time.

(v) Unfied Development Control and Promotion Regulations.

14.6.3 APPLICABILITY

Provisions of the said Regulations shall be applicable to:

(A)

The slums which have been declared and notified as “SLUMS” by the Competent Authority under

the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act,

1971, as well as ;

(B)

Any area which, the Competent Authority may declare as “Slum Rehabilitation Area” as per the

provision contained in Section 3-C of the Slum Act 1971; and also

(C)

The hutment dwellers in such Slums or Slum Rehabilitation Areas, who are Protected Occupiers

as defined in Chapter I-B of the Slum Act and orders issued thereunder and the hutment dwellers

who are Non-Protected Occupiers under clause (f) of sub-section (5) of Section 3-B of the Slum

Act.

The provisions which are mentioned in the said Regulations shall prevail over the corresponding

provisions of the Unified Development Control and Promotion Regulations (hereinafter referred to

as “UDCPR”). In case of any conflict or ambiguity, in respect of any matters not specifically

mentioned in the said Regulations, the relevant provisions of the UDCPR, as modified from time

to time; shall be applicable.

The Slums On Non Buildable Area / Reservations :-

(A)

The provisions for implementing in-situ rehabilitation scheme, of the said Regulations shall not

apply to slum areas existing on any lands earmarked as Hill Tops / Hill Slopes, Green Belts, River

or Nallah beds including those falling in blue flood line, Canal banks, No Development Zone in the

Development Plan, in Open Spaces of approved layouts and slums on lands required for vital

public purpose or on hazardous locations. Such slums are to be evicted on priority.

(B)

It shall be an obligatory duty of the “C.E.O., S.R.A.” to rehabilitate slums mentioned in clause (A)

above on other buildable sites under the provisions of the said Regulations. The C.E.O., S.R.A.

shall prepare an Action Plan and identify all such slum areas and grant approval for relocation

and rehabilitation of such slums for environmental and ecological reasons in a time bound manner,

in accordance with the provisions of the said Regulations including open spaces in M.I.D.C. and

P.M.R.D.A. (Restricted to earlier P.C.N.T.D.A. area) areas. The C.E.O., S.R.A. shall take a decision

in this regard in consultation with the concerned Municipal Commissioner.

(C)

On relocation and rehabilitation of hutment dwellers of such slums, unencumbered lands thus

vacated shall be handed over to the Local Authority or the Authority concerned for the development

of vital public purpose against compensation as may be permissible as per the corresponding

regulations.

(D)

The slums existing on reservations shall be allowed to be rehabilitated as per the provisions of

the said Regulations. If any previous S.R.S. had been sanctioned on any reservation under the

earlier provisions, such S.R.S. can be implemented further under the said Regulations, considering

such land as deemed to be de-reserved as per previous sanction.

Anything done or any action taken in respect of S.R.S. prior to the commencement of the said

Regulations shall be deemed to have been done or taken under the corresponding provisions of

the said Regulations and provisions of the said Regulations shall be made applicable in relation

thereto only to the extent, such application does not adversely affect the same.

Nothing contained herein shall adversely affect the approval and implementation of Slum

Rehabilitation projects approved under BSUP, JNNUR Mission by the Central Sanctioning and

Monitoring Committee, Ministry of Housing and Urban Poverty Alleviation, Government of India, or

any such government schemes approved from time to time.

Transition Policy :

The S.R.S. already sanctioned under the carlier provisions can be allowed to be developed under

the said Regulations in case the full occupation certificate has not been issued and compliance

in respect of payment against Operation and Maintenance Corpus and Infrastructure Development

Charges (I.D.C.) has been done; provided that the C.E.O., S.R.A. shall have the powers to give

approval to changes in building height and internal modifications with appropriate relaxation in set

back and margins of the restructured building subject to N.O.C. from C.F.O. and fulfilment of other

requirements and to impose any conditions as may be expedient for him to do so; provided

however that nothing in the said Regulations shall adversely affect all slum rehabilitation schemes

previously sanctioned.

Eligible hutment dwellers may, at the discretion of the C.E.O., S.R.A., be rehabilitated in-situ as

far as possible within the area under consideration for the implementation of the Slum Rehabilitation

Scheme. Such rehabilitation shall be governed by the provisions of the said Regulations.

Eligible hutment dwellers may also be rehabilitated by relocation to another plot in the concerned

Municipal Area. Such rehabilitation shall be governed by the provisions of the said Regulations.

If any hutment dweller is a protected occupier of a slum structure, but his name is on the electoral

roll on or prior to 1st January 2000 at another slum / pavement site within the jurisdiction of Pune

and / or Pimpri-Chinchwad Municipal Corporation, he shall be considered eligible but only at the

place of his present residence.

In case of doubt or dispute, C.E.O., S.R.A. shall get an inquiry made as may be considered

necessary, and give a decision thereon, which shall be final and binding on all parties concerned.

Allotment of tenements either in-situ or otherwise, on ownership or on rent, to the other Non-

Protected Occupiers up to the 1st January 2011, subject to the availability of tenements shall be

done, as per the terms, conditions and guidelines so notified in the Official Gazette, by the Chief

Executive Officer with the prior approval of the State Government ;

14.6.4 INTERPRETATION

The Terms and expressions not defined in the said Regulations shall have the same meanings

as in the Slum Act, 1971 or M.R. and T.P. Act, 1966 or The Maharashtra Municipal Corporation

Act, 1949 (M.M.C. Act, 1949) or N.B.C. (2016), UDCPR and amendments made therein from time

to time, as the case may be, unless the context otherwise requires.

If any question or dispute arises with regard to interpretation of any provision of The said

Regulations, the matter shall be referred to the State Government in Urban Development

Department which, after considering the matter and, if necessary after giving hearing to the parties,

shall give a decision on the interpretation of the provisions of The said Regulations. The decision

of the Government on the interpretation of The said Regulations shall be final and binding on the

concerned party or parties.

14.6.5 DELEGATION OF POWERS

Except where special permission is expressly stipulated, the powers or functions vested in the

C.E.O. by the said Regulations may be delegated to any officer of the Authority under his control,

subject to the revision if necessary and to such conditions and limitations, if any, as may be

prescribed under the said Regulations.

14.6.6 DISCRETIONARY POWERS

In conformity with the intent and spirit of the said Regulations, the C.E.O., S.R.A. may modify the

limit of a zone where the boundary line of the zone divides a plot, village boundary, C.S. / C.T.S.

No. as per records of revenue by a special permission, with prior consent of concerned Municipal

Commissioner, and

In specific cases where a clearly demonstrable hardship is caused, the C.E.O., S.R.A. may for

reasons to be recorded in writing, by special permission permit any of the dimensions prescribed

by the said Regulations to be modified, except those relating to floor space indices unless

otherwise permitted under the said Regulations, provided that the relaxation will not affect the

health, safety, fire safety, structural safety and public safety of the inhabitants of the building and

the neighbourhood.

14.6.7 DEVELOPER’S REGISTRATION

Only a Developer registered with S.R.A. shall be eligible to submit a slum rehabilitation scheme.

So also registered developer only shall be appointed by S.R.A., in case S.R.A. wish to develop

any Slum Rehabilitation Area where no proposal is submitted.

Owner of the land who is competent and have resources to develop slum on land owned by him

shall be allowed to register himself as registered developer, but only for development of slum on

land belonging to him.

14.6.8 PARAMETERS OF DEVELOPMENT OF SLUM REHABILITAION AREA

Eligibility for rehabilitation scheme

a. A person eligible for redevelopment scheme shall mean a Protected Occupier as defined in

chapter 1-B of the Slum Act and Non-Protected Occupier, as mentioned in clause (f) of sub-

section (5) of Section 3-B of the said Act.

b. Subject to the foregoing provisions, only the actual occupants of the hutment shall be held

eligible and the so called structure-owner other than the actual occupant if any, even if his name

is shown in the electoral roll for the structure, shall have no right whatsoever to the reconstructed

tenement against that structure.

Joint ownership with spouse

The reconstructed tenement provided to protected occupier shall be of the ownership of the hutment

dweller and spouse conjointly, and shall be so entered and be deemed to be so entered in the

records of the co-operative housing society, including the share certificates or all other relevant

documents.

Right of the Hutment Dwellers

a. Hutment-dwellers, in the slum or on the pavement, eligible in accordance with the provisions

herein shall in exchange of their protected dwelling structure, be given free of cost a residential

tenement having a carpet area of 27.88 sq.mtrs. (300 sq.ft.) including balcony, bath and water

closet but excluding common areas.

For this purpose ‘Carpet area’ means the net usable floor area within a tenement excluding the

covered by the walls or any other areas specifically exempted from FSI computation as per

the said Regulations.

b. Even those protected dwelling structures having existing residential areas more than 27.88

sq.mtrs. (300 Sq.ft.) will be eligible only for 27.88 sq.mtrs. (300 sq.ft.) of carpet area in the

rehabilitation component.

c. All eligible hutment dwellers taking part in the S.R.S. shall have to be rehabilitated in accordance

with the provisions of the Scheme. It may be in situ and in the same plot as far as possible.

d. Pavement dwellers and hutment dwellers in the slum on land required for vital public purpose

or such location which are otherwise unsuitable for human habitation or where there is any

restriction shall not be rehabilitated in-situ but in other available location and in accordance with

the Scheme.

e. Competent Authority, on the basis of verification of prescribed documents, shall decide eligibility

of slum dwellers. The slum dweller held eligible on 1st January 2000 shall be Protected

Occupier. However the slum dweller held eligible on 1st January 2011 shall be Non-Protected

Occupier, but shall be rehabilitated on payment of the cost of the tenement as prescribed by

the C.E.O. as per government resolutions issued from time to time.

f. The eligibility of a person including a transferee, under a scheme of Slum redevelopment shall

be established in accordance with Chapter-1-B of the Slum Act.

g. Restriction on Transfer of Tenements :

As provided by the Slum Act, the tenement obtained under this scheme cannot be sold / leased /

assigned or transferred (except to legal heir) in any manner for a period of ten years from the

date of allotment / possession of the tenement. In case of breach of conditions, except transfer

to legal heir, the tenement will be taken over by S.R.A. Transfer of the rehabilitation tenement

may be permitted by C.E.O., S.R.A. after completion of ten years from the date of occupation

by charging a premium equal to 25 per cent of the prevailing market value of the tenement as

given in the ASR for the respective year, during which transfer application is processed.

h. An individual agreement shall be entered into by the owner/developer / co-operative housing

society with the hutment-dwellers in the slum / pavement.

i. An individual agreement entered into between hutment-dweller and the owner/ developer / co-

operative society / N.G.O. shall be in the joint names of pramukh hutment dweller and spouse

for every protected dwelling structure and non-protected dwelling structure up to 1st January

2011.

j. Recovery of pending dues such as assessment, compensation, occupational charges, non-

agricultural tax / dues etc. pending with public authorities such as State Govt. and / or concerned

Municipal Corporation shall be dealt with separately and not be linked to grant of approval or

building permission to the Slum Rehabilitation Projects.

Duties of the Hutment Dwellers :

a. The hutment dweller shall be responsible to pay the clectricity and other government charges

regularly, and maintain his rehab unit and do necessary minor repairs as and when so required

at his own cost. However, for carrying out any major changes in the structure of the building

in whatsoever nature, the permission of the C.E.O., S.R.A. in writing shall be required.

b. The eligible hutment dwellers shall form their cooperative society as soon as possible and in

any case not later than within three months of handing over of rehab units possession to them.

c. The hutment dweller shall pay monthly contribution to his co-operative society @ Rs. 500 per

month or the amount as decided by his cooperative society whichever is more for common

monthly charges against the common electricity and water usage, operation and maintenance

of common amenities like lift, generator, S.T.P. plant etc.

d. The slum dweller is duty bound to keep the premises of his rehab unit including common areas

and surroundings of the rehab buildings clean, hygienic and untidy.

c. The slum dweller shall not keep or carry any hazardous material in the rehab unit which may

cause injury or endanger to life and safety of other residents of the premises.

14.6.9 ELIGIBILITY

Protected Occupiers

Inhabitants of the slums or slum rehabilitation areas residing on 1st January 2000 shall be

Protected Occupiers as defined in Chapter I-B of the Slum Act and orders issued thereunder and

shall be eligible for rehabilitation under the Slum Rehabilitation scheme, in accordance with the

provisions of this Scheme. The eligibility of such Protected Occupiers shall be decided as per

the guidelines provided by the government resolutions issued from time to time.

Non-Protected Occupiers

Inhabitants of the slums or slum rehabilitation are as residing on 1st January 2011 shall be Non-

Protected Occupiers as defined in the Slum Act and shall be eligible for rehabilitation under the

Slum Rehabilitation scheme, in accordance with the provisions of this Scheme. The eligibility of

such Non-Protected Occupiers shall be decided as per the guidelines provided by the government

resolutions issued from time to time.

Ineligible Occupiers

The occupants of slum who are neither held eligible as Protected Occupiers nor Non-Protected

Occupiers shall be held ineligible and they will not be entitled for rehabilitation under any Slum

Rehabilitation Scheme. However they may avail the benefits of any other housing scheme of the

Government such as P.M.A.Y., if independently held eligible therein.

Provision relating to allotment of tenements either in situ or otherwise, on ownership

free of cost to the protected occupiers.

The protected occupiers shall be rehabilitated in situ and they will be allotted rehabilitation tenement

free of cost. However, in case the slum is situated on non- buildable area or the area under slum

is required for any vital public project, then they will be rehabilitated by relocation. Such relocation

shall be made on a land near the slum pocket as far as practicable, but within the same Municipal

limit.

Provision relating to allotment of tenements either in situ or otherwise, on ownership or

on rent to the other non-protected occupiers.

The non-protected occupiers shall as far as possible be rehabilitated in situ after the protected

occupiers in the slum under the scheme and those in nearby non buildable slum are rehabilitated.

They will be allotted rehabilitation tenement on payment of cost of tenement as prescribed by the

Government Resolutions issued from time to time.

Subject to the foregoing provisions, only the actual occupants of the hutments shall be treated as

eligible for rehabilitation under the S.R.S. and any person claiming ownership of such structure

who is not the actual occupant of the same, shall have no right whatsoever to allotment of

rehabilitation tenement.

The hutment dweller actually residing at present, who has purchased the censused structure with

photo pass, if any, from any of the categories above shall be held eligible for rehabilitation under

S.R.S., provided such transfer has been regularized. Provided further that the original owner of

the censused structure who has sold the said, but shall be deemed to be ineligible for any

alternative subsidized accommodation in any of the government scheme.

The names of the eligible hutment dwellers on private, Municipal and Government lands shall be

duly certified by the Competent Authority in S.R.A. or any officer whom the State Government by

notification appointed as the Competent Authority for the purpose of the Slum Act.

All eligible hutment dwellers residing on the area of the S.R.S. shall have to be accommodated

on the same plot as far as possible.

10.

Any hutment dweller who is in actual occupation or possession of more than one hutment within

the jurisdiction of S.R.A. Pune shall not be held eligible for more than one rehab unit.

11.

The eligibility of a person including transferees in case of Protected Occupier under the S.R.S.

shall be established in accordance with the orders issued vide G.R. mentioned in clauses 1 above.

The Hutment dweller, for establishing his eligibility shall submit his application in prescribed form

along with Annexure for Self Declaration and Self Declaration for Self Attestation and the copies

of the documents of evidence in the manner as prescribed by State Government.

12.

The eligibility of a person including transferees in case of Non Protected occupier under the S.R.S.

shall be established in accordance with the orders issued vide G.R. mentioned in clause 2 above.

Hutment dweller, for establishing his eligibility shall submit his application in prescribed form along

with Annexure for Self Declaration and Self Declaration for Self Attestation and the copies of the

documents of evidence in the manner as prescribed by State Government.

14.6.10 OBLIGATORY PARTICIPATION

The participation of landowners and slum dwellers in Slum Rehabilitation Scheme shall be

obligatory. This participation shall be governed by following regulations,

(A)

Landowners

The land owner shall be given first preference to implement scheme on his / her land. However

landowner in same survey number or part of it having title of an area exceeding 50 per cent shall

be given the preference, if he / she is ready to pay an amount of compensation for remaining

land. The amount of compensation to be offered shall be decided as per the provisions under

Section 17 of the Slum Act.

Such a land owner by registering himself as a Registered Developer, or through a Registered

Developer may submit the scheme with the consent of 51 per cent of the slum dwellers for the

implementation of such scheme. The scheme so submitted shall forthwith be accepted by C.E.O.

and C.E.O. will order preparation of the Eligibility List by the Competent Authority concerned.

In case a proposal submitted by the landowner is devoid of the consent of slum dwellers, the

C.E.O. shall publish a notice to invite slum dwellers to come forward within 90 days of publication

of such notice, through a society registered, to submit rehabilitation scheme. If the slum dwellers

submit a scheme in response to such a notice, then the C.E.O. will give a reasonable opportunity

of being heard to both owner and slum dwellers along with developer engaged. The C.E.O. after

taking into account the scheme so submitted and the experience and the capacity of the developer

pass a reasoned order to accept one of the proposals. Such decision of the CEO shall be final

and binding upon the parties concerned. In case the slum dwellers fail to submit such a scheme,

the C.E.O. shall accept the proposal submitted by the land owner.

(B)

Slum Dweller

In case the concerned landowner has failed to submit the scheme as per the preceding regulation

and the slum dwellers have come forward through a Registered Co-operative Society or through

a Registered Developer whom 51 per cent of them have given consent, the C.E.O., S.R.A. shall

acquire the land under the slum, at the instance of Co-operative Society or Registered Developer.

The C.E.O. will simultaneously issue order to the Competent Authority concerned to prepare and

submit the Eligibility List. (Annexure II).

(C)

Registered Developer

A Developer registered with S.R.A. as Registered Developer previously shall be permitted to submit

Slum Rehabilitation Scheme in following manner.

1. The Registered Developer, who has been appointed by S.R.A. through competitive bid to develop

a particular scheme/s, shall submit the scheme which may be accepted by the C.E.O.

2. The Registered Developer with acquired rights from the owner/s of the slum land and who

hold consent of 51 per cent slum dwellers shall be allowed to submit the scheme as prescribed

in preceding regulation. Such a scheme shall be accepted by C.E.O. and the C.E.O. will order

Competent Authority to prepare eligibility list of slum dwellers in Annexure II.

3. In case the Registered Developer holds the rights from the owner/s of the slum land, but does

not have consent of the slum dwellers; submit a scheme, the C.E.O. shall give a 90 days

public notice in the slum area for the slum dwellers to come forward for the development. In

case hutment dwellers fail to come up with a scheme within the stipulated period of 90 days,

C.E.O., S.R.A. may accept the scheme submitted by the registered developer having land

ownership or concurrent development rights. In case, upon such notice slum dwellers come

forward with a scheme, the C.E.O. as per clause (A) above, after giving a reasonable

opportunity to both the parties of being heard, shall accept one of the proposals, taking into

account the capacity and experience of registered developers involved in such proposals. The

decision of the C.E.O. shall be final and binding upon the parties. And after the scheme is

accepted, the C.E.O. will order Competent Authority to prepare eligibility list of slum dwellers

in Annexure-II.

4. In case the Registered Developer have consent of 51 per cent slum dwellers, but does not

hold right to develop the land; C.E.O., S.R.A. shall give him preference and the land owner

shall be entitled to compensation payable under the provisions of Slum Act or the said

Regulations. In case of dissent of the land owner for this valuation, C.E.O., S.R.A. may forward

the land acquisition proposal to the State Government on behalf of the applicant developer and

the Hutment Dwellers’ Co-operative Housing Society. Simultaneously, the C.E.O. will order

Competent Authority to prepare eligibility list of slum dwellers in Annexure-II.

5. In case two or more registered developers submit a scheme on same land: then such

proposals will be scrutinized chronologically on the basis of the land development rights

acquired by the developer and the consent of hutment dwellers.

6. The developer shall before acceptance of his scheme/s by C.E.O., S.R.A., open and maintain

a separate account for each scheme and such account shall only be exclusively used for all

receipts and expenditure of the scheme.

(D)

(C.E.O., S.R.A.)

In case the C.E.O., S.R.A. is of the opinion that a slum on private land is required to be developed

in the larger public interest, out of concern for public health and safety of the slum and nearby

areas, C.E.O., S.R.A. may invite land owner or hutment dwellers to come forward with the scheme

for redeveloping the slum through a developer registered with S.R.A., by issuing a public notice

of not less than 30 days. In case, land owner or hutment dweller’s Co-operative Housing Society

does not come forward with response to the notice so issued, the C.E.O., S.R.A. may, by order,

determine to redevelop such land by entrusting it to any agency or registered developer through

competitive bid process. In such an eventuality, the land owner shall be entitled to compensation

as contemplated by Section 17 of the Maharashtra Slum (Improvement, Clearance and

Redevelopment) Act, 1971 or as per the said Regulations. However, before passing any such

order, the C.E.O., S.R.A. shall give an opportunity of being heard to the concerned land owner.

Nothing in these provisions shall restrain the C.E.O. from issuing of orders for preparation of the

eligibility list (Annexure II) in relation to any Slum declared u/s 4 of the Slum Act or Slum

Rehabilitation Area declared under Section 3-C of the said Act, wherein a proposal is submitted

or not. Thus the fixing of eligibility (Annexure-II) will be independent of any scheme submitted.

14.6.11 INITIATION OF SLUM REHABILITAION SCHEME

The Slum Rehabilitation Scheme under the jurisdiction of SRA shall be undertaken in the manner

laid down herein.

The C.E.O., S.R.A. shall publish intention of the S.R.A. to declare Slum land or any other land as

Slum Rehabilitation Area in the Official Gazette as prescribed under Section 3-C of the Slum Act.

A copy of such notification shall be published in two News Papers of circulation in the area along

with fixing a copy at conspicuous place in or near such slum area. The concerned owners, land

holders or occupants of Slum area or areas mentioned therein; shall be given a period not more

than 120 days to come forward as prescribed in sub-section (1) of Section 13 of the Slum Act

with a rehabilitation scheme in accordance with the provisions contained in the said Regulations.

Compulsory acquisition of slum land

Upon failure of the concerned land owner, land holders or occupants to come forward with a

rehabilitation scheme in accordance with the provisions contained in this Scheme, the C.E.O.,

S.R.A. may proceed further to acquire the land wherein the amount of compensation shall be

determined as per the provisions contained in the Chapter-V of the Slum Act.

If the landowner of slum occupied land voluntarily transfers the said land to S.R.A. for slum

redevelopment, he shall be given T.D.R. equivalent to 1.0 index of the area of his land so transferred

in non-congested area and 1.5 index of the area of his land so transferred in congested area. In

such cases, however, the developer shall pay to S.R.A., premium equal to 25 per cent of A.S.R.

value.

However in case of the lands belonging to Government, Semi-Government Undertakings and Local

Bodies S.R.S. shall be taken up by S.R.A. through tendering process.

The land owner or his power of attorney holder or the lease holder with at least 5 years of un-

expired lease period and concurring with lease terms of the land, shall be allowed to redevelop

the slum area either directly upon registration with Slum Rehabilitation Authority or through a

developer registered with Slum Rehabilitation Authority, subject to the provisions laid down in the

said Regulations.

Slums on the lands belonging to the Government, Semi-Government Bodies, Municipal

Corporations, Public Authoritics and Trusts shall be rehabilitated under the provisions of this

Scheme either by themselves or S.R.A. through a private developer registered with S.R.A.

The Slum Rehabilitation Scheme submitted by the developer registered with S.R.A. shall be strictly

in accordance with the provisions of the said Regulations.

The Developer or the Owner submitting the Scheme will submit it in the Form and the Annexure

prescribed along with all relevant documents to the C.E.O., S.R.A. Forms and Annexure prescribed

by the C.E.O. shall be made available to the Registered Developer / Owner on payment of fees

as decided by C.E.O., S.R.A., Pune.

The Developer submitting the scheme shall also furnish Scrutiny Fee as prescribed and as decided

by the C.E.O., S.R.A., Pune from time to time.

14.6.12 SANCTION TO THE S.R.S.

The following procedure shall be adopted while examining and sanctioning any S.R.S. in

accordance with the provisions of the said Regulations.

(1)

Approval to the S.R.S. shall be given by the C.E.O., S.R.A. in accordance with the said Regulations.

(2)

The consent of hutment dwellers or the resolution of their co-operative society shall be taken into

account at the time of submission of S.R.S. The consent shall be confirmed at the time of

preparation of Eligibility list in Annexure II. For the approval of the S.R.S., consent of the hutment

dwellers shall not be necessary. Competent Authority as notified under Slum Act shall finalize the

list of eligible hutment dwellers with reference to the area proposed under the S.R.S. and it shall

be obligatory for all slum dwellers to participate in the Slum Rehabilitation Scheme, once the same

is approved by the C.E.O., S.R.A.

(3)

The C.E.O., S.R.A. after accepting the scheme submitted shall order preparation of the list of

eligible slum dwellers. The Competent Authority, shall as far as practicable within 90 days finalize

Annexure II and submit it to the C.E.O. The eligibility of a person including transferees under the

S.R.S. shall be established in accordance with the provisions of the Slum Act and orders issued

there under. Nothing in the said regulations shall restrain the C.E.O. from issuing of orders for

preparation of the eligibility list (Annexure II) in relation to any slum wherein a proposal is submitted

or not. Thus the fixing of eligibility (Annexure II) will be independent of any scheme submitted.

Provided, in case of slums on lands falling in areas mentioned in Section 3-Z-6 of Slum Act, if the

land owning agency gives N.O.C. then the C.E.O., S.R.A. shall conduct the survey and order

preparation of Annexure II on such lands.

(4)

Where 51 per cent or more of the eligible hutment-dwellers in a slum or pavement in a viable

stretch at one place agree to join a S.R.S., it may be considered for approval. Provided that nothing

contained herein shall apply to Slum Rehabilitation Schemes undertaken by the State Government

or a Public Authority or, as the case may be, a Government Company, as defined in Section 617

of the Companies Act, 1956 which is owned and controlled by the State Government.

(5)

The hutment dwellers shall be rehabilitated in the same S.R.S. wherein the hutments are situated,

except in case where relocation is warranted on account of non-buildability or in case of clubbing

of schemes or composite scheme as per the provisions contained in the said Regulations.

(6)

Pavement-dwellers and hutment dwellers in the slum situated on lands required for vital public

utility / purpose or on hazardous location or on amenity / open spaces or plots, shall not be

rehabilitated in-situ but in other available plots within the jurisdiction of S.R.A.

(7)

The Slum Rehabilitation Scheme for rehabilitation of protected and non-protected hutment dwellers

residing upon such areas may be allowed to be implemented under the provisions of the said

Regulations. Preference will be given to protected hutment dwellers on non-buildable Slum Areas

nearby before non-protected hutment dwellers are accommodated. The C.E.O., S.R.A. shall be

competent to approve the proposed Slum Rehabilitation Schemes.

(8)

Industrial user as may be permitted by Maharashtra Pollution Control Board (M.P.C.B.) may only

be allowed to be re-accommodated under the S.R.S. However, if the Industrial unit is hazardous

or polluting, the concerned person may be provided a commercial unit or built-up area for

conforming non-hazardous/non-polluting industrial unit in the Rehabilitation Component of the

S.R.S.

(9)

All eligible hutment dwellers in the Slum Rehabilitation Scheme shall be rehabilitated according

to the provisions in the said Regulations and as per Rehabilitation option exercised by the C.E.O.,

S.R.A. under the said Regulations.

(10)

Unauthorized Commercial activities such as go-downs, Cow sheds / gothas, scrap godowns /

yards; hazardous users / structures excluding community economy activity area as defined under

the Slum Act shall not be permitted in the S.R.S. These shall be evicted and shall be moved

away from the Slum Rehabilitation Area as non-conforming users.

(11)

All economic activities which existed on the date of eligibility shall be allowed to be relocated within

the area of the S.R.S., regardless of the non-conforming nature of such activities, excepting those

which are hazardous and polluting. Where alternative accommodation has been allotted elsewhere

by the Planning Authority, further relocation shall not be permitted.

(12)

On compliance of the terms and conditions of approval to the S.R.S. and the requirements of the

provisions contained in this Scheme. the necessary building permission under Section 45 of M.R.

and T.P. Act, 1966 shall be admissible in accordance with the provisions to construct the

Rehabilitation Component of the S.R.S. as well as the Free Sale Component of the S.R.S.

(13)

In case where Sale building is proposed along with Rehab building in S.R.S., it shall be obligatory

on part of the developer to submit RERA registration of the scheme, as applicable. The developer

shall abide to all orders and directions issued by RERA Authority, if applicable, in respect of the

free sale building.

(14)

The decision of C.E.O., S.R.A. shall be final and binding on all the concerned regarding the

proportion and location of the land area to be used for the Rehabilitation Component, Amenity

Component and the Free-Sale Component.

(15)

Area Entitlement of Eligible Hutment-dwellers (Residential User) : A Hutment dweller having

residential user in the slum or on the pavement, who is eligible in accordance with the provisions

of the said Regulations, shall, in lieu of his structure, be given free of cost (in case of Protected

Occupier) / at subsidized rate (in case of Non-Protected Occupier), a residential tenement having

carpet area of 27.88 sq.mtrs. (300 sq.ft.) which shall include living room, bedroom, kitchen / alcove,

bath and water closet and balcony (if any), but shall exclude common areas. However the projects

for which the commencement certificate have already been issued, as per erstwhile Regulations,

the residential tenement shall be as per earlier area entitlement with carpet area of 25 sq.mtrs.

(269 sq.ft.) which shall include living room, bedroom, kitchen/ alcove, bath and water closet and

balcony (if any), but shall exclude common areas. The slum dwellers belonging to schemes

wherein the commencement certificate is already issued before coming into force of said

regulations may be provided a residential tenement having a carpet area of 27.88 sq.mtrs. (300

sq.ft) (Instead of 25 Sq.mtrs.. (269 sq.ft.) as per the discretion of the developer depending upon

the feasibility of structural alterations at the site. In such cases revised plans shall have to be

approved by C.E.O., S.R.A.

(16)

Area Entitlement of Eligible Hutment dwellers (Non-Residential User) : An eligible hutment

dweller, having existing carpet area up to 25.0 sq.mtrs. (269 sq.ft.) for commercial / industrial /

economic / office activity that existed prior to 1st January 2000, or the date decided by the

Government time to time, and is certified by the Competent Authority, shall be entitled to get one

non-residential unit of actual carpet area or 27.88 sq.mtrs. (300 sq.ft.), whichever is less, free of

cost, under the Slum Rehabilitation Scheme.

Such area may be allowed on any side of the plot abutting 3.0 m. wide pathway and deriving

access from 3.0 m. wide pathway open space. Back to back shopping on ground floor shall be

allowed for the purpose of rehabilitation. After exhausting these provisions, such area may be

allowed on the first floor, to the extent necessary. The provisions of the said Regulations may

also be applicable for Rehabilitation of Street Vendors.

(17)

Area Entitlement of Eligible Hutment dwellers. (Mixed User) : In case a hutment dweller in

the area of any S.R.S. has both, residential and commercial premises, without a common wall

between such residential and commercial premises, in respect of which the S.R.S. is being or to

be implemented, he shall be eligible for a residential tenement of 27.88 sq.mtrs. (300 sq.ft.) carpet

area free of cost, and he shall also be entitled to purchase a commercial unit admeasuring up to

6.0 sq.mtrs. at the cost of construction as per A.S.R. The purchase price of such commercial

unit shall be paid to the developer. The area of such commercial shall not be entitled for incentive

F.S.I. for free sale component. The slum dwellers belonging to schemes wherein the

commencement certificate is already issued before coming into force of said regulations may be

provided a residential tenement having a carpet area of 27.88 sq.mtrs. (300 sq.ft.) (Instead of 25

sq.mtrs. (269 sq.ft.) and a commercial unit admeasuring up to 6.0 Sq.m. as per the discretion of

the developer depending upon the feasibility of structural alterations at the site. In such cases

revised plans shall have to be approved by C.E.O., S.R.A.

Such area may be allowed on any side of the plot abutting 3.0 m. wide pathway and deriving

access from 3.0 m. wide pathway / open space. Back to back shopping on ground floor shall be

allowed for the purpose of rehabilitation.

After exhausting these provisions, such area may be allowed on the first floor, to the extent

necessary.

(18)

After declaration of Slum Rehabilitation area as “Clearance Area” under Section 3-D of the Slum

Act, the C.E.O., S.R.A. shall take all required actions against the non-participating occupiers. The

eligible occupiers shall be forced to participate and the non-eligible shall be forcefully evicted.

(19)

The conveyance of the land under rehab component shall be done in favor of the Slum Dwellers

Co-operative Society.

(20)

Recovery of pending dues such as assessment, occupational charges, non-agricultural tax / dues

etc. of the State Government, P.M.C. / P.C.M.C. / P.M.R.D.A. (restricted to earlier P.C.N.T.D.A.

area) / M.I.D.C. shall not be linked to grant of approval or building permission to the S.R.S.

14.6.13 CLEARANCE ORDER

After an order declaring any Slum area as Slum Rehabilitation Area under Section 3-C of

the Slum Act and after sanction to S.R.S. as per the provision above the C.E.O. shall proceed

to issue Slum Clearance order in following manner–

The Slum Clearance Order may be passed for total area or in parts as per the provisions contained

in sub-section (1) of Section 12 of the Slum Act.

All the slum dwellers in the area under notification shall be given a period of 30 days from the

date of such order to vacate the structures. The Protected and Non Protected occupiers shall be

provided transit accommodations or entitled compensation in lieu of transit accommodation by

the developer. The other ineligible dwellers shall make their own arrangements, even if their claims

for eligibility are pending in appeal for decision.

In case there is any public structure like common toilets, community hall etc. provided by the

Municipal Corporation concerned, it shall be vacated and demolished by the concerned authority

within the period provided in the clearance order. The C.E.O., S.R.A. shall vacate and demolish

the same, in case the concerned authority fails to vacate and demolish the said structure within

stipulated time period.

The structures which have been vacated shall be demolished by the developer implementing the

scheme, within 50 days of the Slum Clearance Order. The period of 50 days if required can be

extended up to 60 days by an order of C.E.O., S.R.A.

The hutment dwellers who have not vacated their structures or who are not willing to vacate their

structures shall be forcefully evicted.

However before such an eviction is done, the slum dweller residing in such structure shall be

given notice u/s 33-A read with sub-section (8) of Section 12 and an opportunity of being heard

by the C.E.O., S.R.A. or the Competent Authority authorized by the C.E.O., S.R.A.

The C.E.O., S.R.A. or the Competent Authority authorized by the C.E.O., S.R.A. after such hearing

pass such order and proceed to forcefully vacate and demolish the structure as per the Clearance

Order.

The Clearance Order of C.E.O., S.R.A. or Order under Section 33-A read with sub-section (8) of

section 12 shall be final subject to any order in appeal preferred before the Apex Grievance

Redressal Committee.

Nothing in the forgoing provisions shall restrain the C.E.O. or the Competent Authority authorized

by the C.E.O., S.R.A. from initiating action under Section 3-Z in relation to any Protected or Non-

Protected Occupier or ineligible occupiers and pass suitable order making him liable for eviction

without being relocated and rehabilitated.

10.

In respect of those eligible hutment-dwellers who are not willing to join the S.R.S., the following

steps shall be taken :-

(A) Provision for all of them shall be made in the rehabilitation component of the Scheme.

(B) The details of the actual tenements to be allotted by lottery system and the transit tenements

to be allotted or the compensation in lieu of transit accommodation to such unwilling hutment

dwellers shall be communicated to them by the Developer, in writing, so as to show the benefit

on the same basis as for those who have joined the scheme to gain their willing participation

in the scheme. However, in case of any dispute regarding the same, decision of the C.E.O.,

S.R.A. shall be final and binding on all the parties concerned. The Developer shall ensure

that no obstruction is caused to the Scheme of the majority of hutment-dwellers who have

participated willingly.

tenement or the allotment of rehabilitation tenements by draw of lots. They shall only be entitled

for what is available after others have exercised their choices through lottery, which may be

or may not be on the same site.

(D) If such unwilling hutment dwellers do not join the scheme till the building permission to the

S.R.S. is given, they shall lose their right to any built-up tenement for rehabilitation, permanently

and their tenements shall be taken over by the C.E.O., S.R.A. in possession of S.R.A. and

shall use the same for the purpose of accommodating pavement-dwellers and other hutment

dwellers who cannot be accommodated in-situ etc. on other sites.

(E) If the built-up tenement is not occupied and transit camp is not vacated within 30 days from

the drawl of lottery, then the eligible hutment dweller shall lose his right to rehabilitation

permanently. No appeal in this regard or shall be entertained by the C.E.O., S.R.A. or the

Competent Authority authorized by the C.E.O., S.R.A.

After occupation of rehabilitation tenement, if any hutment dweller reconstructs or occupies

any new hutment or structure; such unauthorized structure shall immediately be evicted and

demolished by the C.E.O., S.R.A. without giving prior notice.

14.6.14 TRANSIT CAMP ACCOMODATION

“Temporary Transit Tenement” shall mean habitable residential or non-residential accommodation

for eligible S.R.S. beneficiary constructed from detachable material such as tubular / prefabricated

light structures or such other material, in such a manner that it ensures safety of the inhabitants.

Design criteria for structural elements of transit accommodation shall be similar to those of the

rehabilitation tenements, with a maximum carpet area of 16.72 sq.mtrs. (180 sq.ft.) for residential

and 9.29 sq.mtrs. (100 sq.ft.) for non-residential tenement for each transit tenement / unit.

The Temporary Transit Tenements for rehabilitation of hutment dwellers may be allowed to be

constructed on Rehabilitation site itself, or on any other buildable or non-buildable land except

within river bank and Blue line or any other ecologically fragile or any restricted areas, located

within P.M.C. / P.C.M.C. / P.M.R.D.A. (restricted to earlier P.C.N.T.D.A. area) / M.I.D.C. area, as

the case may be.

The temporary transit camp for rehabilitation of slum dwellers may be provided in the transit

rehabilitation tenements allotted by C.E.O., S.R.A. or otherwise.

The eligible Slum Dwellers shall be shifted to temporary Transit Camp or on minimum monthly

rent as may be mutually decided by C.E.O., S.R.A. with proposed society and developer and

shall be paid by the developer to the eligible slum dwellers to be temporarily shifted for allowing

construction on site till allotment of permanent rehabilitation tenements.

14.6.15 DEVELOPMENT CONTROL REGULATIONS

F.S.I. permissible on the Plot under S.R.S. : Admissible F.S.I. in respect of the Slum

Rehabilitation Scheme in congested and non-congested area shall include the admissible FSI for

the Rehabilitation Component as well as the Free-Sale Component. The ratio, between the two

components shall be as contained in Regulation No.14.6.16. Such F.S.I. may be utilized mainly

for in-situ rehabilitation of slum dwellers, Convenience Shopping, non-combustible / non-polluting

type Commercial godowns of slum dwellers. Such commercial users shall be permitted only on

the lower, upper ground floor, irrespective of whether the site is located in R-1 or R-2 zone. FSI

available for Free sale component may be utilized in-situ for residential, commercial or any other

use as may be permissible under the UDCPR. As such, the permissible in-situ F.S.I., partly or

fully, shall be allowed for rehabilitation, residential / non-residential / commercial or mixed users,

as otherwise permissible in the UDCPR.

Maximum F.S.I. permissible for consumption on the plot : F.S.I. that can be sanctioned on any

slum site shall be 4.00 or sum total of rehabilitation component plus free sale component whichever

is more with minimum rehabilitation tenement density of 450 T/Ha. Due to local planning

constraints and viability of the Slum Rehabilitation Project the density norms of 450 T/Ha. may be

reduced up to 20 per cent by the C.E.O., S.R.A. subject to minimum tenement density of 360 T/

Ha.

The total permissible F.S.I. (Rehabilitation component plus Free sale component) for a slum

rehabilitation scheme can be utilized on any slum site for construction of rehabilitation plus free

sale component as mentioned in clause (2) and the difference between the total permissible F.S.I.

of the S.R.S. and maximum in-situ consumed F.S.I., may be made available in the form of

Transferable Development Right (T.D.R.), in accordance with the said Regulations.

Provided further that exemption of areas like staircase, lift, lobbies, machine room, passage, refuge

area, from computation of F.S.I. shall be restricted to 35 per cent of built- up area (i.e. carpet

area of rehabilitation component including balcony and area under walls) of rehabilitation

component and any rehabilitation component arca, claimed above this restriction, shall not be

eligible for any incentive towards the free sale component area to be calculated.

Notwithstanding above if the developer does not desire to consume the full permissible in-situ

F.S.I. on the same site, in such case the free sale component partly or fully shall be granted in

the form of slum T.D.R. (Total sanctioned F.S.I. of S.R.S. minus consumed in-situ F.S.I.) by the

concerned Authority with the recommendation of C.E.O., S.R.A.

Notwithstanding the provisions in clause mentioned above, if the developer does not

desire to consume the full permissible in-situ F.S.I. on the same site, in such a case :

(a) the free sale component partly or fully shall be granted in the form of Slum T.D.R. (total

sanctioned F.S.1. of S.R.S. - consumed in-situ F.S.I.) by the concerned Authority with the

recommendation of C.E.O., S.R.A.

the Rehabilitation component shall be increased to utilize admissible in situ F.S.I., so that more

number of Rehabilitation tenements are constructed on the plot. Such additional tenements

shall be handed over to S.R.A. free of cost, to accommodate identified eligible non protected

occupants of other schemes, identified P.A.P. of slums or shall be utilized as stock for housing

for dishoused, Transit accommodation as per the policy approved by Government in that behalf.

Additional Rehabilitation component built by the Developer shall be included in the proposed

Rehabilitation component of the scheme and additional incentive area according to the

provisions laid down herein in the form of T.D.R. shall be admissible to compensate the

Developer.

The Slum T.D.R. to be sanctioned in accordance with the said Regulations and generated from

the slum rehabilitation schemes shall be allowed to be utilized in Punc and Pimpri-Chinchwad

Municipal Corporation (old and new limits) respectively, excluding heritage structures and land of

S.R.D. or S.R.A. projects. This shall be applicable to Schemes on lands in P.M.R.D.A. (Restricted

to carlier P.C.N.T.D.A. area) and M.I.D.C. area also. In these cases, the Slum T.D.R. generated

shall be allowed to be utilized under these norms within the area of respective planning authority.

The utilization of Slum T.D.R. on a receiving plot in the area of P.M.C. or P.C.M.C. (old and new

limits), P.M.R.D.A. (Restricted to initial P.C.N.T.D.A. area) and M.I.D.C. areas shall be as per the

provisions of UDCPR or DCPR of concerned Planning Authority, as the case may be.

The utilisation of Transferable Development Rights (T.D.R.) shall be permissible by considering

Gross Plot Area including area affected by D.P. road / road widening or amenity space /

reservations or deemed reservation, if any, if the area under the same is handed over to the

concerned Planning Authority.

The Slum T.D.R. shall be released in stages as under :-

After issue of plinth completion certificate of rehabilitation building/s, 25 per cent of total Slum

T.D.R. permissible shall be released.

ii.

After completion of R.C.C. and brickwork of rehabilitation building/s, 35 per cent of total Slum

T.D.R. permissible shall be released.

iii. After issue of occupation certificate of rehabilitation building/s, and formation and registration

of Co-operative Housing Society 30 per cent of total Slum T.D.R. permissible shall be released.

iv. After completion of procedure of rehabilitation of eligible slum dwellers in building, and

conveyance of rehabilitation area to the Co-operative Housing Society of hutment dwellers,

balance 10 per cent of total Slum T.D.R. permissible shall be released.

If any changes are required in the above provision, Government will issue orders in this regard,

from time to time.

UTILIZATION OF SLUM T.D.R. : Difference in Total Permissible F.S.I. allowed for S.R.S. as per

the said Regulations and F.S.I. actually utilized in the Slum Rehabilitation Scheme, due to

constraints of different provisions of DCPR or otherwise, shall be converted into SLUM T.D.R.

and shall be utilizable in any land use zone as per the provisions in the UDCPR or DCPR of the

concerned Planning Authority, subject to following manner and restrictions prescribed herein-

below :

The Development Rights Certificate (D.R.C.) shall be recommended by the C.E.O., S.R.A.

and the Concerned Authority shall issue concerned D.R.C. to the developer within a period of

one month from the receipt of the proposal. The F.S.I. credit in square meters of built up area

shall be stated in the D.R.C. in figures and in words, along with details of the place from where

T.D.R. is generated; and where it may be utilized.

ii.

The built up area for grant of D.R.C. shall be equal to the built-up area of the sanctioned slum

rehabilitation scheme, allowed to be taken in the form of Slum T.D.R.

iii. Where a buildable amenity on the reserved plot for which slum rehabilitation scheme is

sanctioned, is handed over, free of cost to the concerned Authority, the concerned Authority

may grant a further T.D.R. on account of construction of the said amenity, in accordance with

the provisions in the UDCPR in this regard.

iv. It shall be permissible to utilize the Slum T.D.R. in any land use zone as per given

formula below, subject to restrictions as mentioned in clause 5 and 6 hereinabove.

Formula ; X = (Rg / Rr) x Y

Where, X = permissible utilization of T.D.R. / D.R. in sq.mtr. on receiving plot. Rg = rate for

land in Rs. per sq.mtr. as per A.S.R. of generating plots in generating year.

Rr = rate for land in Rs. per sq.mtr. as per A.S.R. of receiving plot in generating year.

Y = T.D.R. debited from D.R.C. in sq.mtr.

The D.R.C. may be used on one or more plots of land, whether vacant or already developed,

by erection of additional floors, or in any other manner consistent with UDCPR or DCPR of

concerned Planning Authority, as the case may be, but not so as to exceed the F.S.I. prescribed

herein, subject to the condition that when T.D.R. is to be utilized by erection of additional floors,

it shall only be allowed to the extent and after satisfying the structural stability, bearing capacity

of existing structure.

The site of S.R.S. may be developed with layout of buildings. For the computation of F.S.I. and

tenement density on a site, the net plot area shall be the balance plot area after deducting the

area covered by amenity space and Development Plan reservations / roads, if any, from the total

area of the plot.

10.

All the plots involved in any S.R.S. under which ex-situ rehabilitation of hutments dwellers is

envisaged shall be notionally treated as one for the purpose of computation of F.S.I.

11.

Boundaries and measurement of the areas of plots under the S.R.S. shall be certified by the

Competent Authority after actual verification on site measurement of the areas of plots. Such

certified boundaries and areas of plots shall be the basis for calculation of tenement density, F.S.I.

and other aspects of planning.

12.

Layout Open and Amenity Space :

(A) For sites with area admeasuring 4000 sq.mtrs. and above, 10 per cent open spaces shall be

provided and be maintained as per the UDCPR or DCPR of concerned Planning Authority,

as the case may be, and structures permissible in open spaces as per the UDCPR or DCPR

of concerned Planning Authority. as the case may be, will be permissible in the open spaces

of the Slum Rehabilitation Scheme.

(B) For plots with area exceeding 2 Hectare and above, 5 per cent Amenity Space shall also be

provided and for development of such Amenity Space, the provisions in 14.6.21 of the said

Regulations shall apply.

13.

Roads in the layouts of the sites of S.R.S. shall be of widths prescribed in the UDCPR or DCPR

of concerned Planning Authority, as the case may be, for their corresponding lengths. The area

of such internal layout roads shall not be deducted in the computations of the net plot area for

determining the permissible F.S.I. and tenement density.

14.

The Minimum Tenement Density to be achieved in S.R.S. :

(A) Minimum tenement density of 450 T/Ha. shall be provided on the net plot area used for

rehabilitation of hutment dwellers (including residential rehabilitation and non-residential

rehabilitation units). If the number of rehabilitation tenements needed to be provided to the

hutment dwellers in any S.R.S. is such that the corresponding tenement density is less than

the minimum specified tenement density, the required number of balance tenements shall

be constructed so as to achieve the said minimum tenement density and shall be handed

over free of cost to S.R.A. The C.E.O., S.R.A. may use such tenements for the purpose of

transit tenements or for accommodating the Project Affected Persons (P.A.P.) or the pavement

dwellers or as may be decided by the C.E.O., S.R.A.

(B) The minimum tenement density for rehabilitation shall be 450 T/Ha. and maximum tenement

density for rehabilitation and free sale tenements / units shall be 1440 T/Ha. Due to local

planning constraints and viability of the Slum Rehabilitation Project the density norms of 450

T/Ha. may be relaxed by C.E.O., S.R.A. subject to minimum tenement density of 360 T/Ha.

In such cases, C.E.O., S.R.A. shall pass a reasoned order for the same.

15.

All non-residential built-up area shall be included in the computation of tenement density, by counting

an area of 25.00 sq.mtrs. (or such area as may be notified by the Government from time to time),

per tenement.

16.

For computation of the tenement density, the net plot area shall be considered after deducting

development plan reservations and amenity space.

17.

The permissible ground coverage shall be total plot area after deducting required marginal open

space / setback areas from the plot boundaries.

18.

The maximum permissible height of the rehabilitation buildings shall be up to 70 mtrs. Building

height is restricted / retained up to 45 mtrs. on road width below 9 mtrs. Building height more

than 45 mtrs. shall be permissible on roads having width between 9 mtrs. to 12 mtrs., subject to

minimum front margin as per the said regulations and subject to condition that, such road shall

be widened to 12.0 mtrs. under the provisions of Municipal Corporation Act, by prescribed line of

street before granting occupation certificate to such building/s of slum Rehabilitation Scheme this

shall be subject to Fire Prevention and life safety requirements and obtaining fire NOC from Chief

Fire Officer.

19.

The Front and Side and Rear marginal distances of in-situ Rehabilitation or composite or free

sale buildings shall be as per Regulation No. 14.7.11 of UDCPR. The rear and side marginal

distances may be relaxed by the C.E.O., S.R.A. on the merits of each case after obtaining fire

N.O.C. from concerned Authority.

(A) Where the plot abuts a Nallah / non-buildable reservation or zone / open space; the marginal

open space along it shall be 3.0 m. from the edge of the trained Nallah / non- buildable

reservation or zone / open space.

(B) Minimum distance between two Rehabilitation or composite / free sale buildings shall be as

follows :

i. For buildings with Height up to 40.0 m. - Min. 6.00 m.

ii. For buildings with Height above 40.0 m. and up to 50.0 m. :- Min. 7.50 m.

iii. For buildings with Height above 50.0 m. :- Min. 9.00 m.

prescribed are for the pathway and the marginal distances, the larger of the two shall prevail.

The pathway shall serve as access wherever necessary. The construction of buildings may

be permitted abutting the pathways.

20.

In the event of any proposed road widening, the computation of permissible F.S.I. shall be made

on gross plot area without deducting the area under such proposed road widening and the height

of a building shall be relaxed by the C.E.O., S.R.A. on the merits of each case for such road area

going under road widening as per the Development Control Regulations of the concerned Municipal

Corporation.

21.

The construction of the building for the rehabilitation of slum dwellers and the tenements to be

made available to the S.R.A. shall be as per the designs and specifications approved by the C.E.O.,

S.R.A.

22.

After approval is granted to the Slum Rehabilitation Scheme (S.R.S.), the land earmarked for S.R.S.

may be further subdivided, if necessary, to carve out separate plots for the Rehabilitation

Component, Free-Sale Component and the Amenity Component. Both, the Plot area and the Built-

up area of the said plots shall be mentioned separately in Sq.m. in the lease agreements as well

as Record of Rights.

14.6.16 REGULATIONS RELATING TO REHABILITATION AND FREE SALE COMPONENTS –

The total permissible built up area for any S.R.S. of Pune and Pimpri-Chinchwad S.R.A. areas

shall be the sum total of Rehabilitation component area and Free sale component area, calculated

as per the ratios prescribed hereinbelow :

If the rehabilitation component is 10.0 sq.mtrs., then ; an additional incentive built up area permitted

to subsidise rehabilitation component which shall be calculated as per the following formula :

Rehab : Incentive built up area shall be 1 : R

Where R = [2.8 - (n x 0.3 ) ]

Where n = (Y/X) - 2

Where Y = Rate of Residential Flat per sq.mtr. and

X = Rate of Construction per sq.mtr.

Both the rates are considered as mentioned in applicable A.S.R. (Annual Statement of Rates) for

the scheme plot on the date of granting Commencement Certificate (C.C.) to the project.

In difficult or dense areas wherein the existing density either in-situ or after clubbing or after

relocation-rehabilitation. as the case may be, is more than 650 T/Ha. and up to 850 T/Ha., further,

additional 20 per cent incentive on free sale component shall be permissible and if such density

is more than 850 T/Ha., additional 30 per cent incentive on free sale component shall be

permissible.

Additional incentive for Cluster Redevelopment : The total permissible built up area for Cluster

S.R.S. of Pune and Pimpri-Chinchwad S.R.A. areas shall be the sum total of Rehabilitation

component area and Free sale component area, calculated as per the ratios prescribed hereinabove

plus additional 10 per cent F.S.I. of free sale component area as an incentive for undertaking

cluster redevelopment of slums will be permissible. Cluster here shall mean the slum area of at

least 1.0 hectare of contiguous land comprising 3 or more separate land parcels, owned by 3 or

more different land owners.

Note :–

(i)

The Permissible incentive built up area may be utilized in site up to the maximum FSI limit

permissible in the scheme plot.

(ii)

The minimum and maximum ratio of incentive built up area permissible as per the above formula

shall be 1:1.50 and 3.0 respectively.

If the S.R.S. in respect of a slum located on any land belonging to a public authority or a private

owner, which is needed for a vital public purpose or which is on uninhabitable locations / ecologically

fragile / environmentally sensitive locations or wherein in-situ rehabilitation is not feasible for any

reason, is taken on an unencumbered plot, then in congested area T.D.R. equal to three times

and in non- congested area T.D.R. equal to two times the gross area of the land spared

(unencumbered plot) for this purpose shall be permissible to the land owner / lessee or if the

landowner has assigned the rights to slum project implementing developer to receive T.D.R.

compensation, to the concerned developer after handing over of the said plot to S.R.A. and if the

rehabilitation component is constructed by the developer, in addition, Construction Amenity T.D.R.

shall be admissible against Rehab. construction, as per Regulation No.11.2.5 of UDCPR, to the

developer of the said unencumbered plot.

Provided that, in case of Slum Rehabilitation Schemes, such Construction Amenity T.D.R. shall

be increased by 1.35 times the T.D.R. generated. This shall be applicable to all Slum Rehabilitation

Schemes.

In such cases, if the tenement density provided is more than 650 T/Ha. and up to 850 T/Ha..

additional 10 per cent incentive T.D.R. shall be permissible and if such density is more than 850

T/Ha., additional 20 per cent incentive T.D.R. shall be permissible.

The Slum T.D.R. shall be released in stages as under :

After issue of Plinth Completion Certificate of Rehabilitation Building/s, 25 per cent of total

Slum T.D.R. permissible shall be released.

ii.

After completion of R.C.C. and Brickwork of Rehabilitation Building/s, 35 per cent of total Slum

T.D.R. permissible shall be released.

iii.

After issue of Occupation Certificate of Rehabilitation Building/s, 30 per cent of total Slum

T.D.R. permissible shall be released.

iv.

After completion of procedure of rehabilitation of eligible Slum Dwellers in Building, formation

and registration of Co.-Op. Housing Society of Hutment Dwellers, balance 10 per cent of total

Slum T.D.R. permissible shall be released.

Relocation henceforth shall be preferably on lands already earmarked in the D.P. for E.W.S. /

MHADA Housing for dishoused (H.D.H.) or High Density Housing (H.D.H.) or Slum Improvement

Zones (S.I. zone).

The identified land for slum relocation under S.R.S. shall be conveyed in favor of S.R.A. upon

approval of such S.R.S. The T.D.R. for the unencumbered land spared for this purpose as

mentioned above (hereinafter referred as Land T.D.R.) shall thereafter be granted to the

unencumbered plot.

Land T.D.R. shall be released in two stages - 75 per cent after conveyance of land and 25 per

cent after physically rehabilitating the identified beneficiaries in the S.R.S.

The land after relocation of such slum shall be handed over free of cost as the case may be to

the respective Municipal Corporation / Public Authority for vital public purpose.

However, the S.R.S. sanctioned prior to coming into force of the said Regulations may continue

to be implemented as per the prevailing Regulations applicable at the time of approval of that

S.R.S.

Area / Tenements to be given to S.R.A. free of cost : On considering the maximum F.S.I. on

net plot area and on distributing the same in proportion for rehabilitation and sale component, the

10.0 Sq.m. component is to be mainly used for construction of rehabilitation component, required

to accommodate only the existing slum dwellers from the same site and the balance area from

this 10.0 sq.mtrs. component shall be handed over to the S.R.A. free of cost, in the form of

tenements. If exactly 10.0 sq.mtrs. components are required for rehabilitation of existing slum

dwellers from the same site, the S.R.A. will not be entitled to any area. If requirement of arca for

rehabilitation of existing slum dwellers from the same site exceeds the aforesaid 10.0 sq.mtrs.

component, the owner/developer / Co-operative Housing Society shall be entitled to T.D.R. as

per provisions in the said Regulations and in such case, the S.R.A. will not be entitled to any

area, provided that this provision shall not be applicable for the schemes undertaken as per the

Regulation for Clubbing of schemes or Composite S.R.S.

At least 40 per cent of the built-up area (Basic FSI) in a Composite Building under the S.R.S.

shall be towards the Rehabilitation Component.

10.

The C.E.O., S.R.A. shall use the tenements received by him free of cost as per the provisions

hereinabove for the purpose of transit or for project affected persons or slum dwellers from other

slum locations.

The procedure laid down herein shall be adopted for allotment of such tenements.

(A) On receipt of application from the developer concerned, an account of all available tenements

shall be drawn and communicated to the developer. After obtaining his consent, an order for

the allotment shall be issued.

(B) Where the tenements are given on rent by S.R.A. to the developer for Transit accommodation

or otherwise, the developer concerned shall pay yearly rent in advance to S.R.A. and for that

purpose an agreement for Leave and License shall be executed between the concerned

developer and the concerned officer of S.R.A. for the period of minimum 11 months. However,

if the developer applies for any extension, the similar procedure shall be followed.

day maintenance of the tenements allotted on rent and common areas. Common maintenance

charges may be shared by the developer with the co-operative society, if any.

(D) Charges for common use of electricity and water tax shall be borne by the developer. The

charges for electricity and water for individual tenements shall be borne by slum dweller.

However, If slum dweller fails to pay such charges the developer shall pay to the concerned

authority.

(E) The developer shall be responsible for replacement or repairs of any damage occurred during

the period of license.

(F) The charges for documentation and registration fee shall be borne by the developer.

(G) The possession of the rented transit tenements to the developer shall only be given after

registration of leave and license agreement.

11.

The terms and conditions for resettlement of such existing tenements shall be as governed by

the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

14.6.17 PAYMENTS TO BE MADE TO SRA AND INSTALMENTS :

No premium including fire premiums shall be charged for any relaxation / exemptions to be granted

for construction of rehabilitation component under S.R.S. No hardship premium shall be charged

for any relaxation to be granted for construction of composite buildings in the Scheme, provided

that such composite building has a minimum 40 per cent of the total built-up area under

rehabilitation component. Premium shall not be charged for all or any of the relaxations given

herein for rehabilitation component as well as free sale component. Provided that, concession in

premium may be granted to the extent of proportion of rehabilitation component in the composite

building.

Further the developer shall be allowed to pay installments as provided in UDCPR Regulation 2.2.14.

Premium shall be charged for any relaxation other than the provisions of the said Regulations to

be granted for construction of free-sale component, at the rate prevailing then within the areas of

respective Municipal Corporations for their areas.

Land Development charges shall not be charged for lands under declared slum rehabilitation areas.

Building Development charges shall not be to payable for rehabilitation component. However,

infrastructural improvement charges shall be paid to S.R.A. and the concerned Planning Authority

as per provision in clause (7) below, at the prevailing rates within the areas of respective Municipal

Corporations for their areas for the built-up area, over and above the permissible F.S.I. of the zone.

These charges shall also apply to the transit camp.

The Developer shall deposit with C.E.O., S.R.A., an amount of Rs. 40000 or 3 per cent (for 15.0

mtrs. height rehabilitation building) or 4 per cent (for 24.0 mtrs. height rehabilitation building) or

5 per cent (for 45.0 mtrs. height rehabilitation building) or 7 per cent (for 45.0 mtrs. and above

height rehabilitation building) of the cost of construction as per the prevailing A.S.R. whichever is

more, for cach Rehabilitation Tenement as well as for the Welfare Center/s and Balwadi/s in the

Rehabilitation Component of the S.R.S. This amount shall be kept in FD for a period of 10 years.

The interest received on this amount, after deducting the reasonable expenses required by C.E.O.,

S.R.A. for performing the tasks as provided by, shall be handed over to the Co-operative Society

for maintenance. The principal amount will be transferred to the account of Co-operative society

on completion of the period of 10 years from the date of formation of society.

The developer shall be responsible for complete maintenance of the vacant tenements, till their

allotments to eligible slum dwellers / S.R.A.

The developer shall not create any third party interest by any means except for free sale component

or D.R.C. of the scheme. Any such act of the developer shall be liable for administrative action

against him including criminal action under relevant law or Cr. PC for the misuse of public property.

The concerned developer shall have to pay Infrastructure Development Charges (I.D.C.) at the

rate equal to prevailing rates within the areas of respective Municipal Corporations for their areas.

Such I.D.C. shall be calculated on the difference of built-up area proposed for construction of

rehabilitation component, free-sale component, transit camps, welfare hall, balwadi etc., if any,

and built-up area as otherwise normally permissible on the land pertaining to the scheme under

the provisions of prevailing D.C.P.R. for the concerned Authority. Sharing of such I.D.C. between

S.R.A. and the concerned Authority shall be in proportion of 10 : 90 of the total leviable I.D.C. and

the same shall be paid to the concerned Authority in accordance with the payment schedule as

may laid down by the C.E.O., S.R.A. provided the installments shall not exceed beyond the

completion of construction of the scheme. This amount shall be used for schemes to be prepared

for the improvement of infrastructure in slums or slum rehabilitation areas.

14.6.18 BUILDING CONTROL REGULATIONS FOR S.R.S.

The developer shall abide by all the terms and conditions laid down in the Commencement

Certificate and all N.O.C.s obtained by him while executing the scheme.

The R.C.C. work shall be carried out under the supervision of Structural Engineer appointed, and

the developer shall abide to all the instructions given in this regards.

Habitable Rooms - Size and Width - The minimum size and width for any habitable room shall

be as per the provisions of UDCPR.

For rehabilitation tenement, provision of a separate kitchen shall not be necessary where an alcove

(cooking space with direct access from the main room without a communicating door); of size

not be less than 2.40 sq.mtrs. with a minimum width of 1.20 mtrs.) is provided. If a separate

kitchen is provided, it shall not be lesser than 3.30 sq.mtrs. In area, having a minimum width of

1.80 mtrs.

The width of pathways shall be as per the provisions of UDCPR.

In water closets, flushing cistern shall not be essential and toilets without this provision may be

permitted. The water Closet seat shall be of minimum of 0.46 mtrs. (18 inches) in length.

There shall be no size restriction for bath or water closet unit. Moreover, for bathroom, water closest

and for kitchen there shall be no stipulation of one wall abutting open space, etc. as long as artificial

light and ventilation through any means are provided.

The minimum internal size of ventilation shaft shall be 1.50 m. x 2.40 m.

Common Passage : The minimum width of Common Passage in the Rehabilitation Component

shall be 1.50 m. and the maximum shall be 1.80 m., in case of singly loaded corridor floor

arrangement, and the same shall be minimum 1.80 m. and maximum 2.40 m. in case of doubly

loaded corridor floor arrangement.

The area of common passage, not exceeding the prescribed limits in width, provided in

Rehabilitation Component shall not be counted towards the computation of permissible in situ

F.S.I.

10.

(A) The minimum plinth height shall be 45 cm. and in flood prone areas, the plinth shall be at

least 30 cm. higher than the Highest Flood Level for Ground floors and it shall be minimum

15 cm. in case of building on stilts.

(B) The minimum clear floor height (finished floor to finished ceiling) of rehabilitation tenement

room shall be 2.75 m. and any toilet shall have a clear minimum floor height of 2.40 m.

than 1.50 m. The area of staircase, not exceeding the prescribed limits in width, provided in

Rehabilitation Component shall not be counted towards the computation of permissible in

situ F.S.I.

(D) The maximum height of all risers shall be of 15 cm. in a residential building.

(E) The minimum width of the tread without nosing shall be 25 cm. for any staircase in a residential

building, other than stairs provided in fire escapes.

(F) The minimum head-room in a passage under the staircase and under the staircase shall be

2.20 m.

(G) The ordinal number of each floor shall be conspicuously displayed in figures of the size of at

least 15 cm. on the wall facing the flights of a stairway or at such suitable place as is distinctly

visible from the flights.

(H) Handrails having a minimum height of 0.90 m. from the canter of the treads shail be provided.

(I) Provisions of Lifts for people as well as accommodating stretcher in any building under

the Rehabilitation Component shall be as per the following Table :

Sr. No.

Height of Building

Minimum No. of Lifts

General Lift

Stretcher Lift

Up to G + 4 storeys

Up to G + 9 storeys

Up to G/P + 16 storeys

Above G/P + 16 storeys

(J) For every rehabilitation tenements, car parking at rate mentioned in these Regulations shall

be provided or 1 Parking Space per tenement for two wheeler shall be provided. The above

parking spaces may be provided in any combination.

(K) The planning, design and construction of any building under S.R.S. shall be such as to ensure

safety from fire. For this purpose, the provisions of the Maharashtra Fire Prevention and Life

Safety Act, 2006 and the relevant provisions of the National Building Code 2005, as amended

from time to time, shall apply.

(L) RAMP :

i. For Four wheeler vehicles :- For parking spaces in a basement and upper floor, at least two

ramps of minimum 3.0 m. width or one ramp of 6.0 m. width and slope not more than 1:8

shall be provided preferably at the opposite ends.

ii. For Two wheeler vehicles :- Ramp : Min 3.0 m. width.

All ramps provided shall be within the building line.

11.

All provisions mentioned herein above shall be applicable to the buildings under the Rehabilitation

Component as well as Composite buildings under S.R.S.

12.

In case of multi-storied structures constructed for rehabilitation of the slum dwellers and for the

tenements to be made available to the appropriate authorities, as mentioned in The said

Regulations, the provision of the said Regulations shall not apply if multi- storied building does

not contain at least 40% of the built-up area as rehabilitation component.

13.

The above special regulations can be further relaxed by the C.E.O., S.R.A. under written permission

in specific cases of demonstrable genuine hardship. In order to make the S.R.S. viable, the C.E.O.,

S.R.A. shall be competent to award any relaxation/s, wherever necessary, for reasons to be

recorded in writing. The C.E.O., S.R.A. may delegate any of the powers conferred upon him under

the provisions of the said Regulations and the said Act, except power of relaxation, to any of the

officers of the S.R.A., by a general or special order in this behalf.

14.

(A) Amalgamation / Subdivision of Plots and F.S.I. thereon : Any land declared as S.R.S. area

shall be notionally treated as one plot, even if it is spread on part or parts of boundary of different

C.S.Nos., Khasara Nos. or Survey Nos. Separate approval shall not be necessary for such

deemed amalgamation and such notionally amalgamated plot shall be treated as a single plot for

the purpose of F.S.I. computation. However, such an amalgamation shall not include existing nallah,

water body or transmission line zone if any.

(B) Boundaries and measurement of Area Under S.R.S. : The areas of plots under the S.R.S.

shall be certified by the Competent Authority after actual on-site measurement of the areas of

plots. Such certified boundaries and areas of plots shall be the basis adopted for planning

purposes, for calculation of tenement density and F.S.I. and other aspects of planning.

S.R.S. area may be further subdivided, if necessary, to carve out separate plots for the

Rehabilitation Component, Free-Sale Component and the Amenity Component. Both, the Plot area

and the Built-up area of the said plots shall be treated as independent plots and mentioned

separately in Sq.m. in the lease agreements. However sub-division of the plot for the rehabilitation

component and free sale component shall have the proportionate areas of open space/amenity

space (if any) vis-à-vis their respective built up areas.

(D) The Collector / City Survey Officer, as the case may be, on payment of such fees as may be

applicable in this behalf, shall ensure that the city survey sheets and property cards are corrected

accordingly and fresh property cards are opened for each of the plots giving details regarding the

area of the plots and the total area of the floors of the built-up property i.e. the F.S.I. used on that

plot.

(E) The C.E.O., S.R.A. may, if required, adjust the boundary of the plot declared as slum

rehabilitation area so as to suit the building design and provide proper access to the Project.

(F) In case, the land on which any S.R.S. is undertaken is adjoining railway tracks, a boundary

wall of minimum 2.40 m. in height shall be constructed on the side of the plot abutting the railway

line. The Developer shall be required to furnish a No Objection Certificate (N.O.C.) from the

concerned Railway Authority while seeking permission for construction of any building under the

S.R.S. within a distance of 30 m. from the railway boundary. Any development on such plot shall

be subject to the terms and conditions stipulated by the concerned Railway Authority.

15.

C.E.O., S.R.A. shall conduct periodical quality audit of the rehab component from the date of

commencement certificate till its completion. Suitable and competent agencies can be hired for

this purpose by C.E.O., S.R.A.

16.

The developer shall at his own cost ensure comprehensive annual maintenance of lifts, S.T.P.

Plant, fire extinguishing, water pumping and generator backup systems for minimum 5 years from

the date of occupancy certificate of the rehab building/s so as to avoid any structural and other

major defects in the buildings and related services.

In addition, the developer, at his own cost, shall also get the insurance done for the buildings in

the rehabilitation component in favor of the Co-op. society for the said period of 5 years.

14.6.19 SLUM AND DEVELOPMENT PLAN RESERVATIONS

Existing hutments in the sium pockets occupying lands in dangerous locations such as hill slopes,

marshy lands or in close proximity of water bodies or lands abutting Railway tracks or sites immediately

required for the public and semi-public projects may be relocated on other suitable locations with the

prior approval of C.E.O., S.R.A.

Slums situated on the lands falling under any reservations in the Development Plan and / or Town

Planning Scheme shall be developed as follows :-

Out of the total area under reservation, 40 per cent of the area shall be earmarked for reservation

and rest shall be put to slum rehabilitation in schemes where the existing tenement density of

slums is less than 450 T/Ha. The area carmarked for reservation may be reduced to 33 per cent,

where existing tenement density is more than 450 T/Ha. Remaining land under reservation shall

be handed over to the concerned Planning / Appropriate Authority as per provision in UDCPR.

Provision of Accommodation Reservation shall not be applicable.

Slums situated on lands under industrial and public / semipublic Zone / Slum Improvement Zone

or under reservations for Economically Weaker Section Housing (E.W.S.), High Density Housing

(H.D.H.) / Housing for dishoused (H.D.H.) shall be allowed without charging any premium on area

of reservation for conversion or accommodation and for allowing redevelopment.

Wherever D.P. Road passes through slum; entire 100 percent F.S.I. of the road may be given for

utilization in the same site on the remaining area of such plot.

S.R.S. can be taken up on Town Planning Scheme plots and reservations as well, in accordance

with the said Regulations. Contravening structures in the adjoining final plots, if declared as slum

area by the Competent Authority or Slum rehabilitation area by the C.E.O., S.R.A. shall be included

in the slum rehabilitation scheme (S.R.S.) in the relevant final plot of the Town Planning Scheme.

It shall be an obligatory duty of the Competent Authority to ensure de-notification of the entire slum

area, by including all eligible slum dwellers falling in the proposed buildable site, contravening

structures, hutments on adjacent non- buildable areas like roads / No Development Zones / Green

Belts / reservations, for the purpose of in-situ rehabilitation of such eligible slum dwellers on balance

buildable land as per The said Regulations.

14.6.20 CLUBBING OF TWO SCHEMES

Clubbing of two or more Slum Rehabilitation Schemes, proposed within a radius of 5 kms. aerial

distance, may be allowed by keeping the ratio of rehabilitation component to sale component as

permissible on the proposed scheme plot. In such a case, the rehabilitation component can be

proposed on one land and the sale component on the other. Slum T.D.R. generation in such case

shall be as per the incentive of the proposed scheme plot. Provided that this approval shall be

subject to payment of difference in the Rate as per A.S.R. of built-up premises for sale components,

proposed to be exchanged.

The S.R.S. proposal shall be allowed to be executed as Composite proposal, with adjacent

encumbered or unencumbered buildable lands. In such a case, the developer may execute the

S.R.S. along with any other encumbered or unencumbered buildable land, by availing benefits

under the said Regulations on any of the land, restricting the scheme to the rehabilitation

component area that existed prior to such composition. This shall even mean allowing rehabilitation

component on one land and entire permissible in-situ free sale F.S.I. i.e Maximum Building potential

as per UDCPR, on the other land.

Development of slum and contagious non-slum arca under any other provisions may be allowed

together, in order to promote flexibility of design as well as to raise more resources, provided the

F.S.I. i.e. maximum Building potential as per UDCPR on non-slum quantum of area shall be that

permissible in the surrounding zone. Such a scheme shall be deemed to be a Slum Rehabilitation

Scheme. The power under DCPR for shifting and / or interchanging the purpose of designations /

reservations shall be exercised by the C.E.O., S.R.A. in respect of slum rehabilitation areas /

projects.

All the plots involved in any S.R.S., under which ex-situ rehabilitation of hutments dwellers is

envisaged, shall be notionally treated as one, for the purpose of computation of F.S.I.

14.6.21 SOCIAL AMENITIES AND RELIGIOUS STRUCTURES

Religious structures existing prior to rehabilitation, if allowed as part of rehabilitation in accordance

with the guidelines issued by the Government from time to time, shall not exceed the area that

existed prior to rehabilitation. However, FSI required for the same shall not be counted in the in-

situ permissible F.S.I. of slum rehabilitation scheme (S.R.S.).

(A) There shall be a Welfare Center and Balwadi admeasuring 27.88 sq.mtrs. (Carpet Area) each

for every multiple or part of 100 hutment dwellers’ families in every S.R.S., as part of the

Rehabilitation Component. It shall be located so as to serve all the floors and buildings equitably.

Further, two or more such welfare centers and Balwadis may be permitted to be clubbed together

suitably for their better utility. Similarly, Health Post and Police Chowky, each of 27.88 sq.mtrs.

Carpet Area shall be provided, preferably on Ground Floor under SRS having more than 500

tenements. In case of misuse of the Welfare Centers and / or Balwadi by the members of the

Co-operative Housing Society, it shall be taken over by C.E.O., S.R.A. who shall be entitled to

allot the same to be run by any suitable organization / institution for public use.

(B) For all sites admeasuring more than 4000 sq.mtrs. in area, 2.5 per cent of the rehabilitation

component area shall be constructed for the Rehabilitation Co- operative Society in the form of

Convenience Shopping, where such shops shall not be more than 10 sq.mtrs. in carpet area,

with single floor height preferably on ground floor or first floor. Such area shall be utilized by the

society for earning additional income to the society.

Convenience users like Vegetable market, Meat market, Fish market, Barber shop, Grocery shop,

Milk Booth, Telephone Booth, Newspaper and Book stall, Stationery shop, Utility shop, Tailor shop,

Canteen, Tea Stall etc. shall be permissible in these shops.

The Rehabilitation Co-operative Housing Society shall own these Convenience Shops and shall

generate Operation and Maintenance costs for rehabilitation component through these, by way of

transparent allotment and operation for which, accounting system may be prescribed by the

C.E.O., S.R.A.

Provided that, in the situations where conveyance shopping is not desirable and specifically

requested by majority of slum dwellers and such area can be proposed by any dimension as

permissible and for any other commercial users like banks / offices / community hall / self help

group etc. Provided further that, the modalities on operational aspects, additional uses and allotment

process for occupation of such structure shall be decided by C.E.O., S.R.A.

One society office of 12.0 sq.mtrs. (free of F.S.I.) per rehabilitation building for hutment dwellers

shall be provided free of cost in every Slum Rehabilitation Scheme and attached toilet of 4.0

sq.mtrs. area (free of F.S.I.) may be permitted.

All the arcas underlying welfare halls, society office, balwadi/s, religious structure/s and the

commercial areas given by way of incentives to the Co-operative Housing Society shall be free

of cost and shall form part of rehabilitation component and shall be considered for incentive F.S.I.

computation for the free sale component as per the provisions in the said Regulations.

Welfare halls, society office, balwadi/s, religious structure/s, Health Posts, Police Chowky and

the commercial areas given by way of incentives to the Co-operative Housing Society provided in

the rehabilitation component shall not be counted towards the F.S.I.

Similarly, Health post as per the requirement of the concerned Municipal Corporation and Police

Chowky of 27.88 sq.mtrs. Carpet arca shall be provided as per the requirement of the

Commissioner of Police under a Slum Rehabilitation Scheme. In case of misuse of these facilities,

the same shall be taken over by the C.E.O., S.R.A. who shall be competent to allot the same to

some other organization / institution for public use.

Convenience shopping as defined in the corresponding provisions of the D.C.P.R. of the concerned

Authority shall be permitted along the layout roads within the S.R.S., having width of 9.0 mtrs.

and above, provided a setback of 3.0 mtrs. is provided. This shopping provision would be in addition

to the provision for shop area allowed according to the said Regulations.

14.6.22 FORMATION OF CO-OPERATIVE SOCIETY

The developer and the beneficiaries of S.R.S. to form and register C.H.S.

(A)

The eligible hutment dwellers, including the P.A.P.s nominated by the C.E.O., S.R.A., will have to

form a Co-operative Housing Society after all members have fully paid their dues to the Corporation,

MHADA etc. All the cost involved in connection with registration of the Co-operative Housing Society

will be borne by the eligible hutment dwellers and the Developer shall register a Co-operative

Housing Society (C.H.S.) of the rehabilitated hutment dwellers within 60 days from the date of

issuance of the commencement certificate to the project of Rehabilitation Tenements by the hutment

dwellers. Stamp Duty payable under Bombay Stamp Act, 1958 for registration of documents of

allotment of such rehabilitation tenements or registration of Co-operative Housing Society shall

be fully exempted.

(B)

The Managing Committee of the registered Co-operative Housing Society of hutment dwellers

shall be constituted in accordance with the provisions of Maharashtra Co-operative Societies Act,

1960.

(C)

The rehabilitation tenement shall be jointly owned by the Pramukh hutment dweller and the spouse,

if applicable. The details of ownership including Share Certificate and other relevant documents,

shall be so entered and shall be deemed to be so entered in the records of the Co-operative

Housing Society.

The membership of the Co-operative Housing Society should be finalized based on eligibility criteria

as per the provisions of the said Regulations and as specified by C.E.O., S.R.A.

The developer registered with S.R.A. shall enter into individual agreement with the eligible hutment

dweller of each structure in the slum area under the S.R.S., regarding allotment of his respective

Rehabilitation Tenement. Such agreement will be in the joint name of Pramukh hutment dweller

and the spouse, if applicable, for every Rehabilitation Tenement.

The rehabilitation tenement shall be in the joint ownership of the hutment dweller and the spouse;

and shall be so entered and be deemed to be so entered in the records of the Co-operative

Housing Society of eligible slum dwellers, including the share certificate and all relevant

documents. Such tenement shall not be sold or leased by the hutment dweller up to 10 years

from the date of allotment. Such provision shall be included in the Agreement between the hutment

dweller and the Developer.

Transfer of the rehabilitation tenement may be permitted by C.E.O., S.R.A. after completion of

ten years from the date of occupation by charging a premium equal to 10 per cent of the prevailing

market value of the tenement as given in the A.S.R. for the respective year.

The Developer shall register a Conveyance Deed in favor of the Co-operative Housing Society of

the rehabilitated hutment dwellers, formed for the constructed rehabilitation built-up area and the

land spared for the same, along with common areas, access, marginal spaces left for the building,

immediately after such rehabilitated hutment dwellers occupy the building/s in the Rehabilitation

Component.

14.6.23 RESPONSIBILITY OF THE CO-OPERATIVE SOCIETY

The Co-operative Society shall be responsible for maintenance of facilities provided within the

area leased to the society. The maintenance shall involve sweeping and cleaning of pathways,

collection of household garbage and carrying it to the nearest municipal dustbin, maintenance

and replacement of common conveniences, etc. The Co-operative Housing Society shall be entitled

to levy a suitable service charge on its members for this purpose.

Internal roads, pathways, common amenities etc. as shown in the layout of the colony shall be

provided as part of the original project. However, the Co-operative Housing Society shall be

responsible for maintaining the same.

The Co-operative Housing Society shall be responsible for payment of municipal taxes and service

charges such as those for water supply etc. and for any dues of any other competent authority

from time to time.

Individual maintenance including electricity bill and water charges if any, etc. of tenements shall

be done by the slum dweller to whom the tenement is allotted.

14.6.24 INALIENABILITY

C.E.O., S.R.A. shall issue Identity Cards to cach rehabilitated family in the name of the head of the

family, jointly with his / her spouse, if applicable. Selling / Transfer / Rent / Lease of the rehabilitation

tenement shall not be allowed for a period of 10 years (except to their heirs), from the date of possession

of the tenement. In case of breach, C.E.O., S.R.A. shall cancel the allotment in respect of the dweller

and take over the tenement. The concerned dweller shall not be eligible for any rehabilitation tenement

in any S.R.S. or other Schemes. These conditions shall appear on the identity card as well.

14.6.25 POSSESSION OF THE TENEMENTS / SHOP

Possession of the rehabilitation tenement / shop shall be handed over to any eligible hutment

dweller only after,

The Co-operative Housing Society of the rehabilitated hutment dwellers is registered; And

Agreement to lease the land is executed by land owning authority with the Co-operative Housing

Society of the rehabilitated hutment dwellers after completing necessary formalities: And

After such hutment dweller has surrendered transit accommodation, if any, given to him / her

and has cleared all his / her dues to P.M.C. / P.C.M.C. / P.M.R.D.A. (Restricted to earlier

P.C.N.T.D.A. area) / M.I.D.C. / M.H.A.D.A. / Government of Maharashtra.

14.6.26 ALLOTMENT OF THE TENEMENTS TO THE PROTECTED OCCUPIERS

The eligibility of the Protected Occupiers shall be decided by the Competent Officers as per the

orders issued by the Government in this behalf from time to time.

The list of all Protected Occupiers and those held eligible in appeal proceedings shall be obtained

from all concerned departments of S.R.A. by the officer drawing the lots. So also such officer

shall obtain a copy of plans along with number of rehabilitation tenements per floor from the

technical department.

The Protected Occupiers evicted forcefully shall also be considered for allotment.

Public Notice of the drawing of lots shall be published by the officer 7 days prior to the date of

actual allotment. Such a notice shall be published at a conspicuous place of the scheme and the

transit camp or accommodation provided for Protected Occupiers by the developer. A suitable

Panchanama shall be made of publication of such notice and maintained in official record.

The Widow of Protected Occupier / Widow who is Protected Occupier, and the family / families

having Blind and Physically Handicapped members, shall be given a preference to select tenement

of their choice as far as possible. However in case where same tenement is preferred by more

than one such eligible dweller, the decision shall be taken by drawing of lots among themselves.

There after remaining tenements shall be allotted to the remaining Protected Occupiers by drawing

of lots in the presence of the Protected Occupiers who are present at the time of such allotment.

As far as practicable a suitable video recording of the process shall be done, the cost of which

shall be borne by the developer concerned.

The list of tenements allotted to eligible slum dwellers shall be prepared, a copy of which shall be

forwarded for registration and actual possession of the tenement to the developer, who in turn

will file compliance along with the documents.

The Occupancy Certificate shall be issued, after the completion of procedure laid down herein

above.

The agreement and registration of the tenements as per the allotment order shall be carried out

by the developer in favor of individual Protected Occupier.

10.

The non-residential units of all concerned eligible slum dwellers shall be earmarked along with

their respective allotted unit numbers in the building plan at the time of obtaining the

commencement certificate only.

11.

The C.E.O., S.R.A. shall be competent to take forcible action including an action to disqualify

against any protected or Non-protected slum dweller who is not complying the lawful orders passed

by him in the interest of the slum rehabilitation scheme. Reasonable opportunity shall be given by

C.E.O., S.R.A. to such slum dweller before passing any order in this regard.

14.6.27 ALLOTMENT OF THE TENEMENTS TO THE NON PROTECTED OCCUPIERS

The eligibility of the Non Protected occupiers shall be decided by the Competent Officers as per

the orders issued by the Government in this behalf from time to time.

The allotment shall be subject to payment of subsidized cost of the tenement to be paid by the

Non Protected occupier to the S.R.A. Such cost shall be determined taking into account the values

prescribed in the A.S.R. for the year in which such an allotment is done.

The amount or the Cost of tenement shall be calculated by the C.E.O., S.R.A. as per the policy

sanctioned by the State Government in this behalf.

Preparation of the list as per seniority of the Non Protected occupiers, allotment of the tenements,

recovery of costs and allotment by draws wherever required shall be regulated by a special cell

called P.M.A.Y. cell to be formed at the level of S.R.A. The C.E.O. with prior sanction of Government,

create such posts required for smooth functioning of such cell.

The P.M.A.Y. cell shall maintain a register of Non Protected occupiers in which the seniority of the

beneficiary shall be decided on the basis of date on which he has vacated his structure (hutment)

in the Rehabilitation Area. In case more than one structure is vacated on the same date, then the

seniority will be decided on the basis of the existence of the structure based on proofs submitted

by the dweller for deciding his cligibility to the competent authority.

In addition to the register prescribed in clause 5 above, the P.M.A.Y. cell shall also maintain another

In case where the number of Non Protected occupiers exceeds the number of tenements opted

by them in a scheme available for allotment, then the allotment shall be done according to seniority.

And in case more than one Non Protected occupier has the same seniority, the allotment shall

be done by drawing of lots. In case of dispute in this regard, the decision of the C.E.O., S.R.A.

shall be final and binding on all the parties concerned.

The tenements available in a scheme shall be allotted to the Protected and Non-protected occupiers

in the manner provided herein after –

a. The Protected occupier of the said scheme shall be accommodated first.

b. The Protected occupiers of adjoining / nearby non buildable Slum Rehabilitation Area shall be

accommodated thereafter.

c. The Non Protected an occupier of the Slum Rehabilitation Area on which scheme is sanctioned

shall have the first priority amongst all such Non Protected occupiers who have opted to

Rehabilitation by payment of cost in the tenements available in the said scheme. All other

Non-Protected occupiers shall be given preference as per their seniority thereafter.

d. Any disputes raised regarding the allotment of any tenement to any Non Protected occupier

shall be decided by The C.E.O., S.R.A. and the decision in such case shall be final and binding

upon the Non Protected occupiers.

14.6.28 DE-NOTIFICATION OF SLUM REHABILITATION AREA

The C.E.O., S.R.A. shall de-notify partly or fully the Slum Rehabilitation Area as per provisions of

Slum Act, on being satisfied that it is necessary to do so or when directed by the State Government.

The concerned Ward Officials of respective municipal area and the concerned Police Inspector

of the local area shall ensure effective uninterrupted implementation of S.R.S. It shall be their

obligatory duty to take required action immediately against Slum lords as well as non-participant

and / or obstructionist persons obstructing the sanctioned S.R.S. In case of failure, C.E.O., S.R.A.

shall recommend action against such persons under the provisions of the Slum Act and/ or

applicable Law.

14.6.29 PREMIUM FOR OWNERSHIP AND TERMS OF LEASE

Where S.R.S. is proposed to be undertaken on lands owned by the Government, Semi-

Government Undertakings and Local Bodies, the developer registered with S.R.A. shall pay

premium at the rate of twenty five per cent of the land cost as per A.S.R. in-situ construction

area equivalent to such premium where premium and construction cost both are calculated as

per A.S.R. in addition to compensation for land calculated as per Section 17 of the Slum Act.

1971.

However, in case of higher density of hutments where no in situ construction is possible, only

premium shall be paid.

The premium shall be paid in instalments as mentioned below :-

Sr. No.

Stage of the Scheme

Premium amount to be paid

At the time of approval of approval of the

10 per cent of premium amount

Scheme but before issuing of the letter of IoD.

Before issuing of letter of commencement of

10 per cent of premium amount

rehab building.

Before issuing of completion certificate of

80 per cent of premium amount

rehab building.

The aforesaid premium charges shall be allowed to be paid in the installments with interest @

8.5 per cent p.a. as per Regulation No. 2.2.14 of UDCPR.

However the delay payment charges @ 8.5 per cent shall be paid by the developer on premium

amounts mentioned in Sr.No. 2 and 3 above from the date of issuing of the letter of IoD till actual

payments made to Slum Rehabilitation Authority.

The amount of compensation calculated as per Section 17 of the Slum Act, 1971 shall be paid to

the land owning department of the Government or Semi- Government Undertakings and Local

Bodics.

The decision of C.E.O., S.R.A. regarding possibility of in-situ construction depending on slum

location shall be final and binding on all the parties concerned.

The part of the land belonging to the Government / Semi-Government / U.L.B./ Public Trusts /

M.H.A.D.A. / P.M.C. / P.C.M.C. / P.C.N.T.D.A. / M.L.D.C. on which the rehabilitation project will be

constructed shall be leased by the concerned land owning authority to the Co-operative Housing

Society of slum dwellers for a period of 30 years at lease rent of Rs.1001 for 4000 sq.mtrs. of

land and part thereof, which shall be renewable for further periods of 30 years at a time. The

same dispensation shall apply to the land under the free sale component and such land shall be

leased directly, and not through the slum dwellers, to the registered Co-operative Housing Society

/ Association of the purchasers of tenements in the free sale component and, pending the formation

of such Cooperative Housing Society / Association of the purchasers of tenements in the free

sale component, such land shall be leased to the developer. The said lease deed shall be executed

within 60 days from the date of issuing building permission to the project.

Recovery of pending dues such as assessment, compensation, occupation charges, usage

charges, revenue or non-agricultural tax/dues etc., pending with public authorities such as the

State Government, M.H.A.D.A., M.S.E.D.C.L. and / or Municipal Corporation, although binding on

the Developer, shall not be linked to grant of approval or building permission and implementation

of the Slum Rehabilitation Scheme. The Developer will have to settle all pending dues before issue

of occupancy certificate by S.R.A. Any revenue assessments, permissions, orders to be made

for any land under S.R.S. shall not be linked to the issue of any certificate or N.O.C. relating to

the S.R.S.

Automatic cancellation of restricted Land Tenure : If any land or part of any land on which slum is

located is under restricted land tenure, the said tenure / lease created by the concerned Public

Body shall stand automatically terminated as soon as S.R.S., which is a public purpose, is

prepared on such land and submitted for approval to the C.E.O., S.R.A. Any arrears of dues to

be collected for such land shall not be linked to the issue of any certificate or N.O.C. relating to

the S.R.S.

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URBAN DEVELOPMENT DEPARTMENT

Mantralaya, Mumbai - 400 032.

Dated 5th December 2023

Maharashtra Regional and Town Planning Act, 1966.

NOTICE

No. TPS-1822/251/C.R.09/UD-13/2023.–– Whereas, the Government of Maharashtra in Housing

Department vide Notification No. SRS-2004/CR-213/Slum-1, dated 30th June 2005 has appointed the

Slum Rehabilitation Authority for Pune and Pimpri-Chinchwad area (hereinafter referred to as “the said

Authority”) under the provisions of Section 3-A of the Maharashtra Slum Areas (Improvement, Clearance

and Redevelopment) Act, 1971 (Mah. Act No. XXVIII of 1971) ;

and whereas, the said Authority is the Planning Authority (hereinafter referred to as “the said Planning

Authority”) within the meaning of clause (b) of sub-section (2) of Section 19 of the Maharashtra Regional

and Town Planning Act, 1966 (Mah. Act No. XXXVII) (hereinafter referred to as “the said Act”), for the

slum rehabilitation area declared under Section 3-C of the Maharashtra Slum Areas (Improvement,

Clearance and Redevelopment) Act, 1971;

and whereas, the Development Control Regulations for the area under jurisdiction of the said planning

authority have been approved by the Government in Urban Development Department vide Notification

No. TPS-1812/786/CR-262/13/Reconstruction No. 90/UD-13, dated 11th September 2014, under Section

37(2) of the said Act ;

and whereas, the Government in Urban Development Department has sectioned Unified

Development Control and Promotion Regulations (hereinafter referred to as “UDCPR”) for the State of

Maharashtra except Municipal Corporation of Greater Mumbai, other Planning Authorities / Special Planning

Authorities / Development Authorities within the limits of Municipal Corporation of Greater Mumbai, MIDC,

NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Council, Eco-Sensitive / Eco-Fragile region

notified by MoEF and CC and Lonavala Municipal Council and area under CIDCO’s jurisdiction as Planning

Authority, PCNTDA, MIHAN, MADC, MSRDC vide Notification No. TPS-1818/CR-238/18/D.P. and R.P./

Sec. 37 (IAA)(c) and Sec. 20(4)/UD-13, dated 2nd December 2020 ;

and whereas, there is provision in Regulation No. 14.6 of UDCPR that, the Slum Rehabilitation

Scheme Regulations for Pune, Pimpri-Chinchwad and Nagpur Municipal Corporation shall be as

sanctioned by the Government from time to time ;

and whereas, the said Planning Authority being satisfied felt it necessary to modify the present

Development Control Regulations dated 11th September 2014 so as to remove difficulties while

implementation of the Slum Rehabilitation Schemes with a view to develop the slum areas within its

jurisdiction and also to promote time bound slum redevelopment in the future and hence the said Planning

Authority has proposed the new Development Control Regulations for the area under its jurisdiction namely

“The Development Control Regulations for the Slum Rehabilitation Authority (Pune and Pimpri-Chinchwad

area) Pune, 2022” (hereinafter referred to as “the said new Development Control Regulations”) and

proposed to include it in UDCPR and submitted this proposal to the State Government in Housing

Department ;

and whereas, the State Government in Housing Department has accorded its sanction in principal

to the said new Development Control Regulations vide its Order No. SRA-2018/CR55/SI, dated 23rd

September 2021 and authorised the Chief Executive Officer of the said Planning Authority, to publish the

same under the provisions of Section 37 (1B) of the said Act and to receive the suggestions / objections

on behalf of the Government and give hearing on it and submit his report to the Government ;

and whereas, in exercise of the powers conferred under sub-section (1B) of Section 37 of the said

Act and all other powers enabling in that behalf, Chief Executive Officer of said Planning Authority has

published a Notice No. SRA/CEO/No.1613/21/Section 37(1B), dated 27th September 2021 to that effect

along with the draft Development Control Regulations for the Slum Rehabilitation Authority (Pune and

Pimpri-Chinchwad area), Pune, 2022, which is appeared in the extra-ordinary Official Gazette, Part-1,

Pune Division Supplement, dated 29th September 2021 for inviting suggestions / objections thereon from

the general public and all persons likely to be affected thereby, within 30 days from the date of publication

this notice in the Official Gazette ;

and whereas, the Chief Executive Officer, Slum Rehabilitation Authority (Pune and Pimpri-Chinchwad

area), Pune has submitted his report to the Government in Urban Development Department through

Government in Housing Department, after completing the legal procedure as contemplated under Section

37 (1B) of the said Act, vide letters dated 4th January 2022 and dated 9th January 2023 ;

and whereas, after considering the report of the Chief Executive Officer, Slum Rehabilitation Authority

(Pune and Pimpri-Chinchwad area), Pune and after consulting Director of Town Planning, Maharashtra

State, Pune, the Government in Urban Development Department is of the opinion that the propose

Development Control Regulation for Slum Rehabilitation Authority (Pune and Pimpri-Chinchwad area)

needs to be sanctioned with some changes ;

Now therefore, in exercise of the powers conferred under Section 37(2) of the said Act and all other

powers enabling in that behalf, the Government hereby :––

(a) Sanctions the Development Control Regulations for the Slum Rehabilitation Authority (Pune and

Pimpri-Chinchwad area), Pune, 2022 with some changes, more specifically mentioned in

Annexure appended hereto and includes this regulations in Regulation No. 14.6 of the UDCPR.

(b) Fixes the date of publication of this Notification in the Official Gazette as the date of coming into

force of this regulations.

Development Control and Promotion Regulations, the State Government may, by order published

in the official Gazette, give such directions, as may appear to it to be necessary or expedient for

the purpose of removing the difficulty.

Provided that, no such order shall be made after the expiry of a period of 1 years from the date

of coming in to force of this Unified Development Control and Promotion Regulations.

The said Notification along with the sanctioned Development Control Regulations for the Slum

Rehabilitation Authority (Punc and Pimpri-Chinchwad area), Pune, 2022 shall be kept open in the following

offices for inspection to the general public on all working days for a period of one month :-

(1) Chief Executive Officer, Slum Rehabilitation Authority, Pune and Pimpri- Chinchwad area, Fourth

Floor, Kakade Bizz Icon, Ganeshkhind Road, Pune.

(2) District Collector, Pune.

(3) Director of Town Planning, Maharashtra State, Central Building, Pune.

(4) Commissioner, Pune Municipal Corporation, Pune.

(5) Commissioner, Pimpri-Chinchwad Municipal Corporation, Pimpri.

(6) Chief Executive Officer, Pune Metropolitan Region Development Authority, Akurdi, Pune.

(7) Assistant Director of Town Planning, New Administrative Building, Pune.

(8) Regional Officer, Maharashtra Industrial Development Corporation, Pune.