(१)

भाग एक (को.वि.पु)-४५–१

RNI No. MAHBIL /2009/36619

महाराष्टट्रõ शासन राजपत्र

असाधारण भाग एक–कोकण विभागीय पुरवणी

वर्षष १०, अंक २५(४)]

शुक्रवार, मार्चच १५, २०२४/फााल्गुन २५, शके १९४५

[पृष््ठठे 14, किंमत : रुपये ११.००

असाधारण क्रमांं�क ४५

प्राधिकृत प्रकाशन

नगरविtकाास विtभााग

मंंत्राालय, मुंं�बई ४०० ०३२, दिeनांं�क १४ मार्चच २०२४

अधि�सूचनाा

महाराष्ट्र प्रादेेशि�क व नगररचनाा अधि�नि�यम, १९६६.

क्रमांंsक टिपीबीी-४३२३/प्र.क्र.१२९/२०२३/ नवि�-११.—ज्यााअर्थीी, महाारााष्ट्र प्रादेेशि§क व नगर रचना अधि˜नि�यम, १९६६ (याापुढेे

ज्यााचा उल्लेेख “उक्त अधि˜नि�यम” असाा करणेेत आलेेला आहे.) च्याा तरतुुदींनुसाार बृहन्मुंंsबई महाानगरपाालि�का त्यांंsचे अधि˜कार क्षेेत्रााकरीता

(याापुढेे ज्यााचा उल्लेेख “उक्त महाानगरपाालि�का” असाा करणेेत आलेेला आहे.) नि�योजन प्राधि˜करण आहे;

आणि� ज्यााअर्थीी, उक्त अधि˜नि�यमााच्याा कलम ३१, पोट-कलम (१) अन्वयेे प्राप्त अधि˜कारांंsचा वापर करून रााज्य शासनााने

अधि˜सूचना क्र.टिपीबीी-४३१७/६२९/प्र.क्र.११८/२०१७/वि�.यो./नवि�-११, दि�. ८ मे २०१८ (याापुढेे ज्यााचा उल्लेेख ”उक्त अधि˜सूचना”

असाा करणेेत आलेेला आहे) द्वाारे बृहन्मुंंsबई प्रारूप वि�कास योजना-२०३४ सह वि�कास नि�यंत्रण व प्रोत्सााहन नि�यमाावलीी-२०३४ (याापुढेे

यााचा उल्लेेख ”उक्त नि�यमाावलीी” असाा करणेेत आलेेला आहे) ला उक्त अधि˜सूचनेसोबतचे परि�शि§ष्ट-ब मध्ये दर्शवि�लेेलेे साारभूूत

स्वरुपाचे फेेरबदल

(ई.पी.) वगळूून उक्त अधि˜सूचनेसोबतचे परि�शि§ष्ट-अे मध्ये दर्शवि�लेेल्याा सुधारणेेसह मंंजुुरी दि�लीी आहे. आणि�

ज्यााअर्थीी शासनााने उक्त अधि˜सूचनेस सम क्रमांंsकाचे शुद्धीीपत्रक दि�.२२ जून २०१८ रोजी नि�र्गगमि�त केलेे आहे; आणि� ज्यााअर्थीी, त्याानंंतर

उक्त अधि˜सूचनेस शासनााने समक्रमांंsकाचे शुद्धीीपत्रक व पुरकपत्र दि�. २९ जून, २०१८ रोजी पारि�त केलेे असून सदर शुद्धीीपत्रक व पुरकपत्र

महाराष्ट्र शासनाच्या राजपत्रात दि�. ३० जून, २०१८ रोजी प्रसि�द्ध करण्याात आलेे आहे; आणि� ज्यााअर्थीी, उक्त नि�यमाावलीी दि�. १ सप्टेंबर

२०१८ पासून अंमला

ात आली आहे;

आणि� ज्यााअर्थीी, शासनााने दि�. २१ सप्टेंबर २०१८ रोजीच्याा अधि˜सूचनेद्वाारे उक्त नि�यमाावलीीमधीील साारभूूत स्वरुपाचे बदल

ईपी-१

ते ईपी-१६८ ला (ठराावि�क ईपी व नि�र्णणयाार्थथ प्रलंंबि�त ठेवलेेल्याा ठराावि�क तरतुुदी वगळूून) मंंजुुरी प्रदान केली आहे;

आणि� ज्यााअर्थीी, उक्त मंंजूूरीच्याा अधि˜सूचनेत आणि� मंंजूूर तरतूूदीमध्ये टंकलेेखनाच्याा त्रुटी व चुका तसेच उक्त नि�यमाावलीीमधीील काही

तरतूूदींच्याा अर्थथबोोधाची स्पष्टता करून सुसंंगती आणणेे याा करि�ताा शासनााने दि�. १२ नोव्हेंबर २०१८ रोजी शुद्धीीपत्रक नि�र्गगमि�त केलेे आहे;

आणि� ज्यााअर्थीी, महाारााष्ट्र रााज्याातील मााहि�ती तंत्रज्ञाान आणि� मााहि�ती तंत्रज्ञाान सहााय्यभूूत सेवांंsच्याा सर्ववकष व्याापक वि�स्तारााकरीता,

शासनााचे उद्योोग वि�भागातफेे महाारााष्ट्र रााज्यााचे मााहि�ती तंत्रज्ञाान आणि� मााहि�ती तंत्रज्ञाान सहााय्यभूूत सेवा धोरण- २०२३ (याापुढेे ज्यााचा

महाराष्टट्र शासन राजपत्र असाधारण भाग एक–कोकण विभागीय पुरवणी, मार्च १५, २०२४/फाल्गुन २५, शके १९

उल्लेेख “उक्त धोरण” असाा केला आहे.) तयाार करण्याात आलेे असून, ते शासन उद्योोग वि�भागाकडीील दि�.२७/०६/२०२३ रोजीचे शासन

नि�र्णणयााद्वाारे जाहि�र करण्याात आलेे आहे; आणि� ज्यााअर्थीी, उक्त धोरणाातील संंबंंधि˜त मुद्दयांंsच्याा अनुषंगााने संंबंंधि˜त प्रशासकीीय वि�भागांंsनी

आवश्यक ते आदेेश तातडीीने नि�र्गगमि�त करण्यााबाबत उद्योोग वि�भागाने वि�नंंती केली आहे;

आणि� ज्यााअर्थीी, वरीील वि�चाराात घेेता, उक्त नि�यमाावलीीतील तरतुुदी उक्त धोरणाातील तरतूूदींशी सुसंंगत असण्यााकरि�ताा उक्त

धोरणाातील तरतुुदींचे अनुरूप उक्त नि�यमाावलीीतील संंबंंधि˜त तरतुुदींमध्ये सुधारणाा करणेे आवश्यक आहे, असे शासनााचे मत झाालेे आहे;

आणि� ज्यााअर्थीी, उक्त अधि˜नि�यमााच्याा कलम ३७ च्याा पोट-कलम (१कक) अन्वयेे प्राप्त अधि˜कारांंsचा वापर करून शासनााने

समक्रमांंsकाची दि�. ४ ऑक्टोबर, २०२३ रोजीची सूचना त्याासोबतचे परि�शि§ष्टामध्ये नमूद प्रस्तावि�त फेेरबदला

ावर (याापुढेे ज्यााचा उल्लेेख

“प्रस्तावि�त फेेरबदल

” असाा करण्याात आलेेला आहे) जनतेकडून हरकती / सूचना माागवि�ण्याासााठी प्रसि�द्ध केली आहे आणि� ज्यााद्वाारे

प्रस्तावि�त फेेरबदला

ाबाबत प्राप्त होणाऱ्याा हरकती / सूचनांंsवर संंबंंधि˜तांंsना सुनावणीी देेण्यााकरीता तसेच उक्त अधि˜नि�यमााच्याा कलम

३७(१कक) अन्वयेे वि�हि�त केलेेली कार्यवााही पूर्णण करून प्रस्ताव शासनाास साादर करणेेसााठी उपसंंचालक, नगररचना, बृहन्मुंंsबई यांंsची

अधि˜कारी (याापुढेे ज्यांंsचा उल्लेेख “उक्त अधि˜कारी” असाा करण्याात आला आहे.) म्हणूून नि�युक्ती करण्याात आली आहे;

आणि� ज्यााअर्थीी, प्रस्तावि�त फेेरबदला

ाची सदर शासन सूचना दि�. ४ ऑक्टोबर, २०२३ ही महाराष्ट्र शासन राजपत्र (भाग-१ कोकण

वि�भागीय पुरवणीी) मध्ये दि�. १९-२४ ऑक्टोबर, २०२३ रोजी प्रसि�द्ध करण्याात आली होती आणि� उक्त अधि˜कारी यांंsनी अधि˜नि�यमााचे

कलम ३७(१कक) अन्वयेे वैधानि�क कार्यवााही पूर्णण करून दि�. २० डि�सेंबर २०२३ रोजीच्याा पत्राान्वयेे त्यांंsचा अहवााल नगररचना

संंचालनाालयाामाार्फत शासनााचे अंति�म मंंजुुरीसााठी साादर केला आहे;

आणि� ज्यााअर्थीी, उक्त अधि˜कारी यांंsनी साादर केलेेला अहवााल वि�चाराात घेेता व संंचालक, नगररचना, महाारााष्ट्र रााज्य, पुणेे यांंsचेशी

सल्ला-मसल

त केल्याानंंतर उक्त प्रस्तावि�त फेेरबदल

काही सुधारणेेसह मंंजूूर करणेे जनहि�ताच्याा दृष्टीने आवश्यक आहे, असे शासनााचे

मत झाालेे आहे.

आता त्यााअर्थीी, उक्त अधि˜नि�यमााच्याा कलम ३७(१कक)(ग) अन्वयेे प्राप्त अधि˜काराात आणि� त्याा संंदर्भा�तील सर्वव शक्तींचा

वापर करून शासन यााद्वाारे :

(अ) उक्त प्रस्तावि�त फेेरबदला

ाचे प्रस्तावास सोबतचे परि�शि§ष्टामध्ये नमूद केलेेप्रमााणेे मंंजूूरी देेत आहे.

(ब) सदरची

ी अधि˜सूचना शासकीय राजपत्रामध्ये प्रसि�द्ध झाालेेचा दि�नांंsक हाा उक्त फेेरबदल

अंमला

ात आलेेचा दि�नांंsक असेल.

(क)बृृहन्मुंंsबई महाानगरपाालि�केच्याा वि�कास नि�यंत्रण व प्रोत्सााहन नि�यमाावलीी-२०३४ च्याा मंंजुुरी सोबतच्याा फेेरबदला

ाचे

परि�शि§ष्टामध्ये शेवटच्याा नोंदीनंंतर खालील परि�शि§ष्ट समाावि�ष्ट करणेेचे नि�र्देदेेश देेत आहे.

सदर अधि˜सूचना महाारााष्ट्र शासनााच्याा www.maharashtra.gov.in (कायदाा / नि�यम ) याा वेबसााइटवर देेखील प्रसि�द्ध

करण्याात येत आहे.

परिरिष्ट

िासन नगि रिकास रिभागाकडील सूचना क्र.रटपीबी-4323/प्र.क्र.129/2023/नरि-11, रि. 14माचच, 2024 सोबतचे परिरिष्ट

Regulation

No.

Existing Provision

Sanctioned provision

33(13)

33(13) – Buildings of Information Technology Establishments

With the Special permission, the Commissioner may permit the floor

space indices to be exceeded beyond Zonal (basic) FSI specified in

this Regulation No. 30 Table No. 12 as given in the following table,

to all registered Public & Private IT/ITES Parks/ AVGC Parks/IT

SEZs or IT Parks in SEZs/Stand- alone IT/ITES units in public IT

Park

(including

IT/ITES

units

located

Residential/commercial/Industrial

which

such

users

are

permissible), which have been approved by the Directorate of

Industries, proposed to be set up or already set up under present/

previous IT/ITES policies by charging premium as per the conditions

specified below this table.

Sr No

Minimum Road Width

Maximum Permissible FSI

12m

Up to 3

18m

Up to 4

27m

Up to 5

On the plot area excluding area to be handed over to

MCGM/Appropriate Authority in lieu of Reservation/ Existing

amenity in the DP/ proposed DP roads/prescribed RL under MMC

Act.

The grant of additional FSI as stated above shall be subject to

following conditions.

a) The additional FSI shall be granted beyond permissible FSI

as per regulation 30(A)(1) upon the payment of premium.

Such premium shall be recovered for the BUA at the rate

of 50% of ASR for open develop land (for FSI 1)

b) The premium so collected shall be shared between the

Planning Authority and the Government in the proportion

of 50:50. The share of the Government shall be paid to the

Deputy Director of Town Planning, Greater Mumbai.

33(13) – Buildings of Information Technology Establishments / Data

Centers :-

With the Special permission, the Commissioner may permit the floor

space indices to be exceeded beyond Zonal (basic) FSI specified in

this Regulation No. 30 Table No. 12 as given in the following table,

to all registered Public & Private IT/ITES Parks/ AVGC Parks/IT

SEZs or IT Parks / Data Centers in SEZs/Stand- alone IT/ITES units

in public IT Park or Data Centers (including IT/ITES units located in

Residential/ commercial/Industrial in which such users are

permissible), which have been approved by the Directorate of

Industries, proposed to be set up or already set up under present/

previous IT/ITES policies by charging premium as per the conditions

specified below this table.

Sr No Minimum Road Width

Maximum Permissible FSI

12m

Up to 3

18m

Up to 4

27m

Up to 5

On the plot area excluding area to be handed over to

MCGM/Appropriate Authority in lieu of Reservation/ Existing

amenity in the DP/ proposed DP roads/prescribed RL under MMC

Act.

Note :- If additional development potential over and above the

maximum permissible development potential for IT / ITES uses as

per table above, is permissible under any other provisions of DCPR-

2034, then in such cases, such additional development potential

shall be permissible as per the respective provisions of the DCPR-

2034.

The grant of additional FSI as stated above shall be subject to

following conditions:-

(Explanation: - Premium charges shall be calculated on the value of

lands under such zones, determined by considering the land rates of

the said land as prescribed in Annual Statement of Rates (ASR).

These charges shall be paid at the time of permitting additional F.S.I.

by considering the ASR for the relevant year without applying the

guidelines)

Maximum 20% of total proposed Built-up area (excluding

parking area) inclusive of such additional F.S.I. may be

permitted for support services as defined in IT/ITES Policy

2015, in IT Parks and remaining built-up area shall be utilized

for IT/ITES.

Maximum 40% of total proposed Built-up area (excluding

parking area) inclusive of such additional F.S.I. may be

permitted for support services in IT Parks in Municipal

Corporations which are not covered under Serial No. c) above

and remaining built-up area shall be utilized for IT/ITES.

New said unit shall allocate at least 2% of the total proposed

built-up area, for providing incubation facilities for new units.

This area would be treated as a part of the Park to be used for

IT activities and eligible for additional FSI benefits

accordingly.

Premium to be received by the Planning Authority as per

provisions in this regulation shall be deposited in a separate

fund viz. "Critical Infrastructure Fund for IT/ITES Industries"

and this fund shall be utilized only for creation of Critical

Infrastructure for IT/ITES Industries:

Provided that in the event, the developer come forward for

providing such off site infrastructure at his own cost, instead

of paying premium as prescribed above, then the Planning

Authority may determine the estimated cost of the work by

using rates prescribed in District Schedule of Rates (DSR) of

the relevant year, in which order for commencement of such

work is issued. The Planning Authority shall also prescribe

the standards for the work. After completion of the works, the

Planning Authority shall verify and satisfy itself that the same

is developed as per prescribed standards and thereafter, by

deducting the cost of works, the balance amount of premium

shall be recovered from such developer before issuing

Occupancy Certificate.

Provided that, in case the cost of work is more than the

a) The additional FSI shall be granted beyond permissible

FSI as per regulation 30(A)(1) upon the payment of

premium. Such premium shall be recovered for the BUA

at the rate of 50% of prevailing rate of premium as per

Regulation 30(A) Note 6.

b) The premium so collected shall be shared between the

Planning Authority and the Government in the proportion

of 50:50. The share of the Government shall be paid to

the Deputy Director of Town Planning, Greater Mumbai.

(Explanation: - Premium charges shall be calculated on the value of

lands under such zones, determined by considering the land rates of

the said land as prescribed in Annual Statement of Rates (ASR).

These charges shall be paid at the time of permitting additional F.S.I.

by considering the ASR for the relevant year without applying the

guidelines)

Maximum 20% of total proposed Built-up area (excluding

parking area) inclusive of such additional F.S.I. may be

permitted for support services as defined in IT/ITES Policy

2015, in IT Parks and remaining built-up area shall be

utilized for IT/ITES.

Maximum 40% of total proposed Built-up area (excluding

parking area) inclusive of such additional F.S.I. may be

permitted for support services in IT Parks in Municipal

Corporations which are not covered under Serial No. c)

above and remaining built-up area shall be utilized for

IT/ITES.

Maximum 40% of total proposed Built-up area inclusive of

such additional F.S.I. may be permitted for support services

as defined in IT/ITES Policy 2023 in IT Parks and

remaining built-up area shall be utilized for IT/ITES/Data

Centers.

Standalone building /Group of buildings in IT Parks with a

minimum built-up area of 20,000 sq.ft will also be eligible

for above benefits.

e) d) New said unit shall allocate at least 2% of the total proposed

built-up area, for providing incubation facilities for new units.

This area would be treated as a part of the Park to be used for

IT activities and eligible for additional FSI benefits

accordingly.

f) e) Premium to be received by the Planning Authority against

premium to be recovered, such additional cost to be borned

by such developer.

Permission for erecting towers and antenna upto height

permitted by the Civil Aviation Department shall be granted

by the Commissioner as per the procedure followed for

development permission or otherwise as may he decided by

the Government.

While developing site for IT/ITES with additional FSI,

support services as defined in the IT Policy 2015, shall be

allowed.

Notwithstanding anything contained in these regulations, no

amenity space is required to be left for development of

plot/land upto 2.00 Hect. for IT/ITES.

The Directorate of industries will develop a web portal on

which the developer of every IT park will be bound to

provide/update detailed information about names of the units

in the park, utilization of built-up area and activities being

carried out, manpower employed in the It Park for IT/ITES

and support services on yearly basis.

If a private IT park has availed additional FSI as per the

provisions of IT/ITES policy and subsequently it is found that

the built-up space in the park is being used for non IT/ITES /

commercial activities/ any other activity not permitted as per

the IT/ITES policy under which the said park was approved, a

penal action as below will be taken, the payment shall be

shared between the concerned Planning Authority and the

Government in the ratio of 3: 1.

a) The misuse shall be ascertained by physical site

verification of the said private IT park by a team of

officers from the Directorate of industries and the

Planning Authority which has approved the building

plans of the said private IT park.

b) A per day penalty equal to 0.3% of the prevailing ready

reckoner value of the built-up area that has been found to

be used for non- IT/ITES activities.

c) The penalty will be recovered from the date of

commencement of unauthorized use till the day non IT

use continues.

availing additional FSI for IT&ITes industries/Data Center

as per provisions in this regulation shall be deposited in a

separate fund account head viz. "Critical Infrastructure Fund

for IT/ITES Industries" and this fund shall be utilized only

for

creation

Critical

Infrastructure

for

IT/ITES

Industries/Data Centers. The matching contribution from

the State Government will be deposited in the same

infrastructure fund.

Provided that in the event, the developer come forward for

providing such off site infrastructure at his own cost, instead

of paying premium as prescribed above, then the Planning

Authority may determine the estimated cost of the work by

using rates prescribed in District Schedule of Rates (DSR) of

the relevant year, in which order for commencement of such

work is issued. The Planning Authority shall also prescribe

the standards for the work. After completion of the works, the

Planning Authority shall verify and satisfy itself that the

same is developed as per prescribed standards and thereafter,

by deducting the cost of works, the balance amount of

premium shall be recovered from such developer before

issuing Occupancy Certificate.

Provided that, in case the cost of work is more than the

premium to be recovered, such additional cost to be borned

by such developer.

g) f) Permission for erecting towers and antenna upto height

permitted by the Civil Aviation Department shall be granted

by the Commissioner as per the procedure followed for

development permission or otherwise as may he decided by

the Government.

h) g) While developing site for IT/ITES/ Data Center with

additional FSI, support services as defined in the IT Policy

2023, shall be allowed.

i) h) Notwithstanding anything contained in these regulations, no

amenity space is required to be left for development of

plot/land upto 2.00 Hect. for IT/ITES/Data Centers.

j) i) The Directorate of industries will develop a web portal on

which the developer of every IT park/Data Center will be

bound to provide/update detailed information about names of

the units in the park, utilization of built-up area and activities

भाग एक (को.वि�.पु)-४५–२

After payment of the penalty to the concerned Planning

Authority which has sanctioned the building plans of the

concerned private IT park, the said private IT Park will

restore the use of premises to the original purpose for which

LOI/Registration was granted. If the private IT Park fails to

pay penalty and / or restore the use to its original intended

use, the concerned Planning Authority will take suitable

action under the Maharashtra Regional and Town Planning

Act 1966, against the erring private IT Park under intimation

to the Directorate of Industries. This provision will also be

applicable to existing IT Parks.

These provisions will be over and above the penal provisions

of the MRTP Act. 1966.

being carried out, manpower employed in the It Park for

IT/ITES/ Data Center and support services on yearly basis.

If a private IT park has availed additional FSI as per the

provisions of IT/ITES policy and subsequently it is found

that the built-up space in the park is being used for non

IT/ITES / commercial activities/ any other activity not

permitted as per the IT/ITES policy under which the said

park was approved, a penal action as below will be taken, the

payment shall be shared between the concerned Planning

Authority and the Government in the ratio of 3: 1.

a) i) The misuse shall be ascertained by physical site

verification of the said private IT park/Data Centers by a

team of officers from the Directorate of industries and the

Planning Authority which has approved the building

plans of the said private IT park.

b) ii) A per day penalty equal to 0.3% of the prevailing ready

reckoner value of the built-up area that has been found to

be used for non- IT/ITES activities in IT Park/Data

Center.

c) iii)The penalty will be recovered from the date of

commencement of unauthorized use till the day non IT

use continues.

The penalty will be recovered from the date of issue of

Occupancy Certificate till the day non-compliance

continues. After payment for the penalty to the

concerned Planning Authority which had sanctioned

the building plans of the concerned private IT Park or

Data Centers, the said private IT Park or Data Center

will restore the use of premises to the original purpose

for which LOI/Registration was granted.

After payment of the penalty to the concerned Planning

Authority which has sanctioned the building plans of the

concerned private IT park Data Centers, the said private

IT Park will restore the use of premises to the original

purpose for which LOI/Registration was granted. If the

private IT Park or Data Center fails to pay penalty and /

or restore the use to its original intended use, the

concerned Planning Authority will take suitable action

under the Maharashtra Regional and Town Planning Act

1966, against the erring private IT Park under intimation

to the Directorate of Industries. This provision will also

be applicable to existing IT Parks, Data Centers.

These provisions will be over and above the penal provisions

of the MRTP Act. 1966.

Regulation

Table

No.21

New

provision is

added by

new

Sr.No.12

Nil

Sr. No.

Occupancy

Parking

Spaces

Required

Data Centers

One

Parking

Space for every

400 sq.m. built up

area or fraction

thereof

Regulation

Table

No.21

Note (iii)

(iii) In case of uses of Data Centre, Data ware houses, the

requirements of the parking to the extent of 50% as stated in this

regulation shall be permissible. However, in future if change of

user/activity is sought in such case then provision of parking

requirement as per this regulation will have to be provided.

This provision is deleted.

Regulation

31(1)

Exemption

from FSI

sub-clause

(V)

Area of the basement used exclusively for parking and other

ancillary uses as permitted in Regulation No. 37(7) (iv) (b, c, d, e

& j).

Area of the basement used exclusively for parking and other

ancillary uses as permitted in Regulation No. 37(7) (iv) (b, c, d, e

& j), storage (exclusively for use in Data Centers as per

Regulation 33(13).

म

हाारााष्ट्राचे रााज्यपााल यांंsच्याा आदेेशानुसाार व नावाने,

डॉॉ. प्रति�भा भदाणे,

शासनााच्याा सह सचि�व.

भाग एक (को.वि�.पु)-४५–३

URBAN DEVELOPMENT DEPARTMENT

Mantralaya, Mumbai 400 032, Dated 14th March, 2024.

NOTIFICATION

Maharashtra Regional and Town Planning Act, 1960.

No. TPB- 4323/ C.R.129 /2023/UD-11.—Whereas, the Municipal Corporation of Greater Mumbai

is the Planning Authority for the area within its jurisdiction (hereinafter referred to as “the said

Corporation ”)as per the provision of Maharashtra Regional and Town Planning Act, 1966 (hereinafter

referred to as “the said Act”)

Whereas, in exercise of the powers conferred by sub section (1) of section 31 of the

Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the said Act”),

the State Government vide Notification No. TPB-4317/629/CR-118/2017/DP/UD-11, Dt. 8/05/2018

(hereinafter referred to as “the said Notification”) has accorded sanction to the Draft Development

Plan, 2034 of Greater Mumbai along with the Development Control and Promotion Regulations

-2034 for Greater Mumbai (hereinafter referred to as “the said Regulations”) with modifications

shown in SCHEDULE-A appended to the said Notification excluding the substantial modifications

as shown in SCHEDULE-B appended to the said Notification. And whereas, Government has issued

corrigendum of even number Dt. 22nd June, 2018; and whereas, thereafter Government has issued

a Corrigendum and Addendum of even number dt. 29th June, 2018 to the said Notification, which

is published in Government Gazette Dt. 30th June, 2018; and whereas, the said Regulations have

came into force from 1/09/2018;

And whereas, the Government of Maharashtra vide Notification Dt. 21/09/2018 has sanctioned

EP -1 to EP-168 (Excluding certain EP and provisions which were kept in abeyance ) in the

Development Control and Promotion Regulations-2034;

And whereas, the Government of Maharashtra vide Notification dt. 12/11/2018 has issued

corrigendum in respect of some typographical errors and mistakes and also to clarify and co-relate

certain provisions of sanctioned DCPR for its proper interpretation;

And whereas, for comprehensive expansion of Information Technology and Information

Technology Support Services in the Maharashtra State, New Information Technology and Information

Technology Enabled Services Policy of Maharashtra State-2023 (hereinafter referred to as ‘‘the said

Policy’’) has been prepared and issued by the Government in Industries Department vide Government

Resolution dated 27/06/2023; And Whereas, Accordingly, the Department of Industries has requested

the concerned administrative departments to issue the necessary orders immediately in accordance

with the relevant provisions of the said policy;

And whereas, considering the above, the Government is of the opinion, it is necessary to modify

the relevant provisions of the said Regulations as per the provisions given in the said Policy, so that,

the provisions of the said Regulations will be in consonance with the provisions given in the said Policy;

And whereas, in exercise of the powers conferred under sub-section (1AA) of section 37 of the

said Act, Government had issued Notice of even No. dated 4/10/2023(hereinafter referred to as “the

said Notice”) for inviting suggestions/objections from the general public with regard to the proposed

modification as mentioned in the Schedule appended to the said Notice (hereinafter referred to as

“the Proposed Modification”) and appointed the Deputy Director of Town Planning, Gr. Mumbai as

the Officer (hereinafter referred to as “the said Officer”) to complete the procedure as stipulated under

Section 37(1AA) of the said Act and to submit a Report on the objections / suggestions received in

respect of the proposed modification to the Government after giving hearing to the concerned persons;

And whereas, the said Notice dated 4/10/ 2023 was published in the Maharashtra Government

Gazette (Part-I, Kokan Division Supplement) dated 19th – 24th October, 2023 and the said Officer has

submitted his report vide letter Dt. 20/12/2023 through the Director of Town Planning, Maharashtra

State, after completing the legal procedure stipulated under section 37(1AA) of the said Act;

And whereas, after considering the Report of the said Officer and after consulting the Director of

Town Planning, Maharashtra State, the Government is of the opinion that the proposed modification

is required to be sanctioned with certain changes.

Now, therefore, in exercise of the powers conferred upon it under section 37(1AA)(C) of the said

Act, the Government hereby :—

(A) Sanctions the proposed modification as described more specifically in the Schedule

appended herewith.

(B) Fixes the date of publication of this Notification in the Official Gazette as the date of

coming into force of this modification.

after the last entry, the Schedule referred to at (A) above shall be added.

This Notification shall also be published on the Government website- www.maharashtra.gov.

in (Acts/ Rules)

भाग एक (को.वि�.पु)-४५–३अ

SCHEDULE

(Accompaniment to the Government in Urban Development Department Notification No. TPB-4323/C.R.129/2023/UD-11,

dated :- 14th March, 2024.)

Regulation

No.

Existing Provision

Sanctioned provision

33(13)

33(13) – Buildings of Information Technology Establishments

With the Special permission, the Commissioner may permit the floor

space indices to be exceeded beyond Zonal (basic) FSI specified in

this Regulation No. 30 Table No. 12 as given in the following table,

to all registered Public & Private IT/ITES Parks/ AVGC Parks/IT

SEZs or IT Parks in SEZs/Stand- alone IT/ITES units in public IT

Park

(including

IT/ITES

units

located

Residential/commercial/Industrial

which

such

users

are

permissible), which have been approved by the Directorate of

Industries, proposed to be set up or already set up under present/

previous IT/ITES policies by charging premium as per the conditions

specified below this table.

Sr No

Minimum Road Width

Maximum Permissible FSI

12m

Up to 3

18m

Up to 4

27m

Up to 5

On the plot area excluding area to be handed over to

MCGM/Appropriate Authority in lieu of Reservation/ Existing

amenity in the DP/ proposed DP roads/prescribed RL under MMC

Act.

The grant of additional FSI as stated above shall be subject to

following conditions.

a) The additional FSI shall be granted beyond permissible FSI

as per regulation 30(A)(1) upon the payment of premium.

Such premium shall be recovered for the BUA at the rate

of 50% of ASR for open develop land (for FSI 1)

b) The premium so collected shall be shared between the

Planning Authority and the Government in the proportion

of 50:50. The share of the Government shall be paid to the

Deputy Director of Town Planning, Greater Mumbai.

33(13) – Buildings of Information Technology Establishments / Data

Centers :-

With the Special permission, the Commissioner may permit the floor

space indices to be exceeded beyond Zonal (basic) FSI specified in

this Regulation No. 30 Table No. 12 as given in the following table,

to all registered Public & Private IT/ITES Parks/ AVGC Parks/IT

SEZs or IT Parks / Data Centers in SEZs/Stand- alone IT/ITES units

in public IT Park or Data Centers (including IT/ITES units located in

Residential/ commercial/Industrial in which such users are

permissible), which have been approved by the Directorate of

Industries, proposed to be set up or already set up under present/

previous IT/ITES policies by charging premium as per the conditions

specified below this table.

Sr No Minimum Road Width

Maximum Permissible FSI

12m

Up to 3

18m

Up to 4

27m

Up to 5

On the plot area excluding area to be handed over to

MCGM/Appropriate Authority in lieu of Reservation/ Existing

amenity in the DP/ proposed DP roads/prescribed RL under MMC

Act.

Note :- If additional development potential over and above the

maximum permissible development potential for IT / ITES uses as

per table above, is permissible under any other provisions of DCPR-

2034, then in such cases, such additional development potential

shall be permissible as per the respective provisions of the DCPR-

2034.

The grant of additional FSI as stated above shall be subject to

following conditions:-

(Explanation: - Premium charges shall be calculated on the value of

lands under such zones, determined by considering the land rates of

the said land as prescribed in Annual Statement of Rates (ASR).

These charges shall be paid at the time of permitting additional F.S.I.

by considering the ASR for the relevant year without applying the

guidelines)

Maximum 20% of total proposed Built-up area (excluding

parking area) inclusive of such additional F.S.I. may be

permitted for support services as defined in IT/ITES Policy

2015, in IT Parks and remaining built-up area shall be utilized

for IT/ITES.

Maximum 40% of total proposed Built-up area (excluding

parking area) inclusive of such additional F.S.I. may be

permitted for support services in IT Parks in Municipal

Corporations which are not covered under Serial No. c) above

and remaining built-up area shall be utilized for IT/ITES.

New said unit shall allocate at least 2% of the total proposed

built-up area, for providing incubation facilities for new units.

This area would be treated as a part of the Park to be used for

IT activities and eligible for additional FSI benefits

accordingly.

Premium to be received by the Planning Authority as per

provisions in this regulation shall be deposited in a separate

fund viz. "Critical Infrastructure Fund for IT/ITES Industries"

and this fund shall be utilized only for creation of Critical

Infrastructure for IT/ITES Industries:

Provided that in the event, the developer come forward for

providing such off site infrastructure at his own cost, instead

of paying premium as prescribed above, then the Planning

Authority may determine the estimated cost of the work by

using rates prescribed in District Schedule of Rates (DSR) of

the relevant year, in which order for commencement of such

work is issued. The Planning Authority shall also prescribe

the standards for the work. After completion of the works, the

Planning Authority shall verify and satisfy itself that the same

is developed as per prescribed standards and thereafter, by

deducting the cost of works, the balance amount of premium

shall be recovered from such developer before issuing

Occupancy Certificate.

Provided that, in case the cost of work is more than the

premium to be recovered, such additional cost to be borned

a) The additional FSI shall be granted beyond permissible

FSI as per regulation 30(A)(1) upon the payment of

premium. Such premium shall be recovered for the BUA

at the rate of 50% of prevailing rate of premium as per

Regulation 30(A) Note 6.

b) The premium so collected shall be shared between the

Planning Authority and the Government in the proportion

of 50:50. The share of the Government shall be paid to

the Deputy Director of Town Planning, Greater Mumbai.

(Explanation: - Premium charges shall be calculated on the value of

lands under such zones, determined by considering the land rates of

the said land as prescribed in Annual Statement of Rates (ASR).

These charges shall be paid at the time of permitting additional F.S.I.

by considering the ASR for the relevant year without applying the

guidelines)

Maximum 20% of total proposed Built-up area (excluding

parking area) inclusive of such additional F.S.I. may be

permitted for support services as defined in IT/ITES Policy

2015, in IT Parks and remaining built-up area shall be

utilized for IT/ITES.

Maximum 40% of total proposed Built-up area (excluding

parking area) inclusive of such additional F.S.I. may be

permitted for support services in IT Parks in Municipal

Corporations which are not covered under Serial No. c)

above and remaining built-up area shall be utilized for

IT/ITES.

Maximum 40% of total proposed Built-up area inclusive of

such additional F.S.I. may be permitted for support services

as defined in IT/ITES Policy 2023 in IT Parks and

remaining built-up area shall be utilized for IT/ITES/Data

Centers.

Standalone building /Group of buildings in IT Parks with a

minimum built-up area of 20,000 sq.ft will also be eligible

for above benefits.

e) d) New said unit shall allocate at least 2% of the total proposed

built-up area, for providing incubation facilities for new units.

This area would be treated as a part of the Park to be used for

IT activities and eligible for additional FSI benefits

accordingly.

f) e) Premium to be received by the Planning Authority against

availing additional FSI for IT&ITes industries/Data Center

by such developer.

Permission for erecting towers and antenna upto height

permitted by the Civil Aviation Department shall be granted

by the Commissioner as per the procedure followed for

development permission or otherwise as may he decided by

the Government.

While developing site for IT/ITES with additional FSI,

support services as defined in the IT Policy 2015, shall be

allowed.

Notwithstanding anything contained in these regulations, no

amenity space is required to be left for development of

plot/land upto 2.00 Hect. for IT/ITES.

The Directorate of industries will develop a web portal on

which the developer of every IT park will be bound to

provide/update detailed information about names of the units

in the park, utilization of built-up area and activities being

carried out, manpower employed in the It Park for IT/ITES

and support services on yearly basis.

If a private IT park has availed additional FSI as per the

provisions of IT/ITES policy and subsequently it is found that

the built-up space in the park is being used for non IT/ITES /

commercial activities/ any other activity not permitted as per

the IT/ITES policy under which the said park was approved, a

penal action as below will be taken, the payment shall be

shared between the concerned Planning Authority and the

Government in the ratio of 3: 1.

a) The misuse shall be ascertained by physical site

verification of the said private IT park by a team of

officers from the Directorate of industries and the

Planning Authority which has approved the building

plans of the said private IT park.

b) A per day penalty equal to 0.3% of the prevailing ready

reckoner value of the built-up area that has been found to

be used for non- IT/ITES activities.

c) The penalty will be recovered from the date of

commencement of unauthorized use till the day non IT

use continues.

After payment of the penalty to the concerned Planning

as per provisions in this regulation shall be deposited in a

separate fund account head viz. "Critical Infrastructure Fund

for IT/ITES Industries" and this fund shall be utilized only

for

creation

Critical

Infrastructure

for

IT/ITES

Industries/Data Centers. The matching contribution from

the State Government will be deposited in the same

infrastructure fund.

Provided that in the event, the developer come forward for

providing such off site infrastructure at his own cost, instead

of paying premium as prescribed above, then the Planning

Authority may determine the estimated cost of the work by

using rates prescribed in District Schedule of Rates (DSR) of

the relevant year, in which order for commencement of such

work is issued. The Planning Authority shall also prescribe

the standards for the work. After completion of the works, the

Planning Authority shall verify and satisfy itself that the

same is developed as per prescribed standards and thereafter,

by deducting the cost of works, the balance amount of

premium shall be recovered from such developer before

issuing Occupancy Certificate.

Provided that, in case the cost of work is more than the

premium to be recovered, such additional cost to be borned

by such developer.

g) f) Permission for erecting towers and antenna upto height

permitted by the Civil Aviation Department shall be granted

by the Commissioner as per the procedure followed for

development permission or otherwise as may he decided by

the Government.

h) g) While developing site for IT/ITES/ Data Center with

additional FSI, support services as defined in the IT Policy

2023, shall be allowed.

i) h) Notwithstanding anything contained in these regulations, no

amenity space is required to be left for development of

plot/land upto 2.00 Hect. for IT/ITES/Data Centers.

j) i) The Directorate of industries will develop a web portal on

which the developer of every IT park/Data Center will be

bound to provide/update detailed information about names of

the units in the park, utilization of built-up area and activities

being carried out, manpower employed in the It Park for

Authority which has sanctioned the building plans of the

concerned private IT park, the said private IT Park will

restore the use of premises to the original purpose for which

LOI/Registration was granted. If the private IT Park fails to

pay penalty and / or restore the use to its original intended

use, the concerned Planning Authority will take suitable

action under the Maharashtra Regional and Town Planning

Act 1966, against the erring private IT Park under intimation

to the Directorate of Industries. This provision will also be

applicable to existing IT Parks.

These provisions will be over and above the penal provisions

of the MRTP Act. 1966.

IT/ITES/ Data Center and support services on yearly basis.

If a private IT park has availed additional FSI as per the

provisions of IT/ITES policy and subsequently it is found

that the built-up space in the park is being used for non

IT/ITES / commercial activities/ any other activity not

permitted as per the IT/ITES policy under which the said

park was approved, a penal action as below will be taken, the

payment shall be shared between the concerned Planning

Authority and the Government in the ratio of 3: 1.

a) i) The misuse shall be ascertained by physical site

verification of the said private IT park/Data Centers by a

team of officers from the Directorate of industries and the

Planning Authority which has approved the building

plans of the said private IT park.

b) ii) A per day penalty equal to 0.3% of the prevailing ready

reckoner value of the built-up area that has been found to

be used for non- IT/ITES activities in IT Park/Data

Center.

c) iii)The penalty will be recovered from the date of

commencement of unauthorized use till the day non IT

use continues.

The penalty will be recovered from the date of issue of

Occupancy Certificate till the day non-compliance

continues. After payment for the penalty to the

concerned Planning Authority which had sanctioned

the building plans of the concerned private IT Park or

Data Centers, the said private IT Park or Data Center

will restore the use of premises to the original purpose

for which LOI/Registration was granted.

After payment of the penalty to the concerned Planning

Authority which has sanctioned the building plans of the

concerned private IT park Data Centers, the said private

IT Park will restore the use of premises to the original

purpose for which LOI/Registration was granted. If the

private IT Park or Data Center fails to pay penalty and /

or restore the use to its original intended use, the

concerned Planning Authority will take suitable action

under the Maharashtra Regional and Town Planning Act

1966, against the erring private IT Park under intimation

to the Directorate of Industries. This provision will also

be applicable to existing IT Parks, Data Centers.

These provisions will be over and above the penal provisions

of the MRTP Act. 1966.

Regulation

Table

No.21

New

provision is

added by

new

Sr.No.12

Nil

Sr. No.

Occupancy

Parking

Spaces

Required

Data Centers

One

Parking

Space for every

400 sq.m. built up

area or fraction

thereof

Regulation

Table

No.21

Note (iii)

(iii) In case of uses of Data Centre, Data ware houses, the

requirements of the parking to the extent of 50% as stated in this

regulation shall be permissible. However, in future if change of

user/activity is sought in such case then provision of parking

requirement as per this regulation will have to be provided.

This provision is deleted.

Regulation

31(1)

Exemption

from FSI

sub-clause

(V)

Area of the basement used exclusively for parking and other

ancillary uses as permitted in Regulation No. 37(7) (iv) (b, c, d, e

& j).

Area of the basement used exclusively for parking and other

ancillary uses as permitted in Regulation No. 37(7) (iv) (b, c, d, e

& j), storage (exclusively for use in Data Centers as per

Regulation 33(13).

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

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

Dr. PRATIBHA BHADANE,

Joint Secretary to Government.