Development Control Rule No. 33(7) and 33(9) – original and modified

Rule No.

Old with date of modification and Notification No.

New with date of modification and notification no.

33

(7)

[Reconstruction or redevelopment by Co-operative Housing Societies or of old

buildings belonging to the Corporation.- For reconstruction redevelopment to be

undertaken by co-operative housing societies in respect of cessed properties located in

the Island City which attract the provisions of Maharashtra Housing and Area

Development Act, 1976 or by Co-operative Housing Societies of landlord and occupiers

of a cessed building of A category subject to the provisions of the said Act and for

reconstruction/redevelopment of buildings of the Corporation constructed before 1940.

The floor space index shall be 2.00 or the consumed floor space index of the existing old

building whichever is more. The F.S.I. will be subject to the Regulations, in Appendix III

so far as construction or redevelopment by such Co-operative Housing Societies is

concerned.](7)

[ ](7) – This clause is deleted vide Government Notification u/s. 37(2) of MR&TP Act

1966 under No. FSI-1192/2896/CR-326/UD-11 Dt. 07.02.1994

[(7) Reconstruction or Redevelopment by Co-operative Housing Societies or of old

buildings belonging to the corporation:-

For reconstruction / redevelopment to be undertaken by the co-operative housing

societies in respect of cessed properties located in the Island City which attract the

provisions of the Maharashtra Housing and Area Development Authority Act, 1976 or by co-operative societies of landlords and occupiers of a cessed building subject to the

provisions of the said Act and for reconstruction / redevelopment of buildings of the

Corporation constructed before 1940, the floor space index shall be 2.00 on gross plot

area or the consumed floor space index that is the total built up area of the existing old

building whichever is more. This floor space index will be subject to the Regulations in

Appendix III so far as construction or redevelopment by such co-operative societies is

concerned.](8)

[ ] (8) – This clause is added vide Government Notification u/s. 37(2) of MR&TP Act

1966 under No. FSI-1192/2896/CR-326/UD-11 Dt. 07.02.1994. This clause is further

replaced by subsequent modification as mentioned vide [ ](9

[(7) Reconstruction or redevelopment of cessed buildings in the Island City by Cooperative

Housing Societies or of old buildings belonging to the Corporation – For

reconstruction/ redevelopment to be undertaken by Co-operative Housing

Societies of existing tenants or by Co-operative Housing Societies of Landlords

and/or Occupiers of a cessed building of ‘A’ category in Island City, which attracts

the provisions of MHADA Act 1976, and for reconstruction/ redevelopment of the

buildings of the Corporation constructed prior to 1940, the floor space index shall

be 2.5 on the gross plot area or the FSI required for Rehabilitation of existing

tenants plus incentive FSI as specified in Appendix III, whichever is more:

Provided, however that with the previous approval of the Government, MHADA/

Corporation shall be eligible to get additional incentive FSI over otherwise

permissible FSI as specified in Annexure III of these Regulations:

Provided further that in cases of composite redevelopment scheme for plot having

‘A’ category as also ‘B’ category cessed building the above FSI shall be available:

Provided further that in cases of reconstruction / redevelopment of buildings which

have been declared as unsafe by the BHAD Board prior to monsoon of 1997, the

above FSI will be available irrespective of category of cessed building.

Provided further, that reconstruction / redevelopment undertaken by proposed Cooperative

Housing Societies of Landlords and / or Occupiers of cessed building of ‘B’

category, and where composite development is undertaken by different owners of 5 or

more plots the FSI required for Rehabilitation of existing tenants plus incentive FSI as

specified in Appendix III will be available.

Note : – All Regulations / modifications mentioned above shall not be applicable to the

areas which are affected by Coastal Regulations Zone Notification issued by Ministry

of Environment and Forest, Government of India vide Notification dated 19 February

1991 and orders issued from time to time. ](9)

[ ](9)— This clause was added vide Government Notification No. TPB 4391/1681/CR-

188/91/UD-11 Dt. 25.01.99

[ 33(7) Reconstruction or redevelopment of cessed buildings in the Island City by Cooperative

Housing Societies or of old buildings belonging to the Corporation or of old

buildings belonging to the Police Department.

“For reconstruction/redevelopment to be under taken by Cooperative Housing

Societies of existing tenants or by Co-op. Housing Societies of landlords and/or

occupiers of a cessed buildings of ‘A’ category in Island City, which attracts the

provisions of MHADA Act, 1976 and for reconstruction/redevelopment of the buildings

of Corporation and Department of Police, Police Housing Corporation, Jail and Home

Guard of Government of Maharashtra, constructed prior to 1940, the Floor Space Index

shall be 2.5 on the gross plot area or the FSI required for rehabilitation of existing

tenants plus incentive FSI as specified in Appendix-III whichever is more.

Note:- The development of land for Department of Police, Police Housing Corporation,

Jail and Home Guard of Government of Maharashtra shall be permitted by the

Commissioner after due approval of the committee mentioned in Note-3 below

regulation 33(3)(A).](26)

(26) This new clause was added in Regulations no. 33(7) vide sanction under

section 37(2), from UDD in state Govt. under No. TPB 4303/500/CR-61/2003/UD-

11:Dated 27th February, 2004 by deleting the first para of Existing Regulation 33(7)

33 (9)

[Repairs and reconstruction of cessed buildings and Urban Renewal Scheme.- For

repairs and reconstruction of cessed buildings and Urban Renewal Schemes

undertaken by the Maharashtra Housing and Area Development Authority or the

Mumbai Housing and Area Development Board or the Corporation in the Island City

the F.S.I. shall be 2.4 times that permissible under these Regulations.](11)

(11) Existing proviso in 33 (9) is deleted vide Government Notification No. TPB

4391/1681/CR-188/91/UD-11 Dt. 25.01.99

[(9) Repairs and reconstruction of cessed buildings and Urban Renewal Scheme: For

repairs & reconstruction of cessed buildings and Urban Renewal Scheme undertaken

by the Maharashtra Housing and Area Development Authority or the Mumbai Housing

and area Development Board or Corporation in the Island City, the FSI shall be 4.00 or

the FSI required for rehabilitation of existing tenants / occupiers, whichever is more.

Note : – All Regulations / modifications mentioned above shall not be applicable to the

areas which are affected by Coastal Regulations Zone Notification issued by Ministry

of Environment and Forest, Government of India vide Notification dated 19 February

1991 and orders issued from time to time. ](28)

] (28) These words are added vide Government Notification No. TPB 4391/1681/CR-

188/91/UD-11 Dt. 25.01.99