Development Control Regulation No. 33 (7)
Development Control Regulation No. 33 (7)
By Abhaykumar S. Jain
Former Dy. Chief Engineers (D.P.) of Municipal Corp. of Greater Mumbai
Initially there were 19,642 cessed buildings in the Island City with classification in ‘A’, ‘B’ and ‘C’ category as under –
(a) Category ‘A’ …… 16,502
(b) Category ‘B’ …… 1,491
(c) Category ‘C’ …… 1,651
Total …… 19,642
Thereafter some of the buildings were de-cessed and as per the record of June 1995, there were 18,390 cessed buildings in the Island City.
Now as per the amended D.C. Regulation No. 33(7), following F.S.I. are available –
for re-construction and re-development of the cessed buildings of ‘A” category which attract provision of MHADA Act, floor space index shall be 2.5 on the gross plot area of F.S.I., required for rehabilitation o existing tenants + 50% incentive F.S.I.
In case of re-development scheme of ‘B’ category cessed buildings undertaken by the Landlord and or Co-operative Housing Societies of Landlord and/or occupiers, the total F.S.I. shall be the F.S.I. required for the rehabilitation of the existing occupiers + 50% incentive F.S.I.
In case of composite re-development of ‘A’, ‘B’ and ‘C’ category buildings declared as dangerous buildings by the Board before the monsoon of 1997, F.S.I. available will be as for ‘A’ category cessed buildings vide (a) above.
In case of composite development undertaken by different landlords and or Co-operative Housing Society of Landlords ad/ or occupiers jointly of two or more plots upto five plots with ‘A’, ‘B’ and ‘C’ category cessed buildings, F.S.I. permissible will be 2.5 or F.S.I. required for rehabilitation of the occupiers + 60 incentive F.S.I., whichever is more. Provided however if the number of plots jointly undertaken for re-development is six or more, F.S.I. 2.5 or F.S.I. required for rehabilitation of occupiers + 70% incentive F.S.I., whichever is more will be available.
Construction or re-construction of old builders under reservation/ zones contemplated in the Development Plan is permitted in accordance with the provisions of Notification No. TPB/439*2/4080-ARDP/UD-11 dated 3.6.1992 issued under section 31 of the M.R. & T.P. Act, which was issued by the Government to facilitate re-development of slum.
20% of the incentive F.S.I. can be used for non-residential purpose otherwise permissible in the Development Control Regulations.
The other terms and conditions being as specified in Appendix III which are more or less parallel to the conditions and guidelines stipulated for re-development of notified slums under D.C. Regulations No. 33 10).
The Ministry of Forest & Environment, Government of India had issued a notification on 19.2.1991 for regulating development in Coastal area which is generally known as Coastal zone Regulation. The development in he Coastal area has to be governed as per the provisions o the Development Control regulations as the same were sanctioned on 20.2.1991 or amendment which have been carried out thereafter.
In view of the above, while undertaking re-development of the cessed buildings in the Coastal areas, the amended provision of the D.C. Regulation No.33 (7) sanction on 25.1.1991 are not available and re-development of such buildings are governed as per the notification issued by the State Government on 10.1.1989. Thus while undertaking re-development in Coastal Zone Area, F.S.I. while undertaking re-development has to be restricted to 2.00 or existing F.S.I. required for rehabilitation of the existing tenants whichever is more.
Amendments and clarification issue buy the government after 25.1.1999 :
Government by heir notification dated 9.1.2002 issued a corrigendum under No. TPB/432001/2202/CR-3/2002/UD-11 so as to remove certain annomoly crept in the modification sanctioned by the Government on 25.1.1999. As per the said corrigendum in case of composite redevelopment undertaken by the different landlords and / or Co-operative Housing Society of Landlords jointly or 2 or more plots but not more than 5 plots F.S.I. permissible will be 2.5 or F.S.I. required for rehabilitation of existing occupiers + 60% incentive F.S.I. whichever is more.
Government issued another notification under No.TPB/4305/500CR61/2008/UD-11 dated 27.2.2004 making amendment to the D.C. Regulation No.33(7) whereby buildings of Department of Police, Police Housing Corporation, Jail & Homguards of Government of Maharashtra constructed prior to 1940 have also been included in the provision of the D.C. Regulation No.33 (7). However the development will be considered only after due approval of the Committee appointed by the Government as mentioned in the said amendment to the D.C. Regulation.
Government has also issued a directive under section 37 (1) of the M.R. & T.P. Act under No.TPB 4303/533/CR-63/03/UD-11 dated 19.3.2003 adding Sub-clause (e) under D.C. Regulation No.33 (7) as under – “In case of re-development undertaken by the Co-operative Housing Society of occupiers of the building which was earlier ‘A’ category cessed buildings but thereafter due to its purchase / acquisition by Co-operative Housing Society of occupiers, exempted from payment of cess and which have been declared unsafe by BHAD Board / B.M.C. the total F.S.I. shall be 2.5 of the gross plot area or the F.S.I. required for rehabilitation of existing occupiers + 50% incentive F.S.I. whichever is more.
After sanctioning of the D.C. Regulation in 1999, additional buildings were declare unsafe by the Committee of MHADA and B.M.C. official. But however as per the sanctioned D.C. Regulation no.33 (7) the incentive F.S.I. was pegged down to the buildings declared unsafe till 1997 by MHADA. In order to include additional buildings also under the purview of the regulation Government issued another directive replacing the words “before previous monsoon” in the regulation under No. TPB/4304/660/CR-90/04/UD-11 dated 24.8.2004.
Government issued a clarification vide letter No. TPB/4302/239/Cr 202/2002 / UD-11 dated 6.1.2003 hat restrictions mentioned in sub-regulations 9 of Regulation No.33 (7) is only applicable to the cases of Residential Zone only. Thus 20% non-residential users permissible out of Saleable component of the amended D.C. Regulation No.33(7) are restricted to Residential zone only whereas in other zones the saleable component could be used for the users as per the Zoning Regulation.
Government has issued another clarification No. TPB/4303/960/CR 113/2003/UD-11 dated 5.6.2003 ha the benefit of the said modified D.C. Regulation No. 33(7) my be allowed for re-development schemes already in progress where the occupation permission of rehabilitation buildings are already granted and Completion / Occupation Certificate to sell buildings is pending with a condition hat the scheme is fulfilling all the conditions . requirements as stipulated in the modified D.C. Regulation No.33 (7).
Government issued another clarification under No. TPB/4302/2188/CR-87/03/UD-11 dated 7.6.2003 that any re-development project of cessed buildings in CRZ area, if total floor area of the new buildings does not exceed that of the old buildings (excluding the area of the staircase, lift and lift lobby in new buildings shall be exempted from computation of F.S.I.
Similarly Government issued another clarification under No.TPB/4303/1329/CR-176/03/UD-11 dated September 2003 that in re-development project of cessed buildings in CRZ area, 10% of the balcony shall be exempted from F.S.I. computation as per the provision in Regulation No.38 (22) of the said Regulation subject to the condition that the balconies shall not be enclosed.
Municipal Corporation of Brihan Mumbai has also issued a policy circular under No. HE/121/DPC/GIN of 16.4.2000 laying down guidelines for carrying out re-construction of the old cessed buildings, et., under the provision of amended D.C Regulation No.33 (7).
Lease rent while undertaking re-development under D.C. Regulation No.33 (7) :
The State Government in Urban Development Department has issued a directive to the Municipal Corporation under No. BMC/2398/3176/CR-589/UC-21 dated 18.1.2000 that Municipal Corporation shall levy lease rent based on 15% market value of the land as on 1.1.1976 if buildings are re-developed or re-constructed under the provisions of D.C. Regulation No.33 (7) on the improvement Trust Plot which have been lease out by the Corporation in the past.
Assessment of Properties Developed under Regulation No.33 (7) :
The State Government in urban Development Department has issued Notification under No. BMC-1796/6108/CR-50/97/UD-11 dated 7.11.1997 lay down guidelines for levy of Assessments Tax at reduced rate.
For land under constructions, assess the ULC by adopting 25% of the market value prevailing in the area, i.e. normal rate.
The Property Taxes shall be levied as under :-
Period Reduced rate of Property Tax
a) From 1st year to 10th year 20% of the rate of Property Tax levied in the particular year
b) From 11th year to 15th year 50% of the rate of Property Tax levied in the particular year
c) From 16th year to 20th year 80% of the rate of Property Tax in the particular year.
The Assessor & Collector of the M.M.C. has also issued a Policy Circular under No. AC/42/Gen on 3.2.1990 laying down guideline in this regard.
Public Interest litigation :
Arising out of the various clarifications amendment t D.C. Regulation No.33 (7), re-construction / re-development of the buildings started at a large scale specifically in ‘C’ and ‘D’ Wards and as a result since in most of the cases existing F.S.I. was more than 2.5 number of skyscrapers started coming up on the narrow roads creating traffic and other infrastructural problems. In view of the amended provision quite a good number of buildings which were not in dilapidated conditions were also taken up for re-construction by the unscrupulous Builders for huge profits. As a result Public Interest Litigation has been filed in the Court challenging the re-construction / redevelopment of the buildings undertaken under D.C. Regulation No.33 (7). The main contention of the public interest litigation is that the buildings which are not in dilapidate conditions in ‘C’ and ‘D’ Wards are also being re-developed under provision of D.C. Regulation No.33 (7) without regard to the availability of infrastructure to sustain such a development. This is against the spirit of the regulations. The other point was that tenancy are being sub-divided by BHAD Board so as to enable developers to avail more F.S.I. as per the Court Order, Government has no appointed a Committee to scrutinize the proposals submitted under D.C. Regulation No.33 (7) to verify dilapidated conditions of the buildings and such buildings which are beyond repairs and need to be re-constructed are only permitted for re-development under D.C. Regulation No.33 (7). The matter went into Supreme Court. The Hon’ble Court has allowed the provision of the section for the transitional time.
Where can i find the detailed “notification issued by the State Government on 10.1.1989″ for the re-development of cess buildings under Coastal Regulation Zone.
Please let us know changes in sect 33(7) of D C Regulations 1991 pertaining to revised FSI for cessed buildings in C R Z Cat II
Detailed “notification issued by the State Government -require as to where and when can we find it
where can i find out amended notification of 33(7)
Please let us know about Cluster development whether its G.R. is done then sent me copy of same & How much FSI is granted for slum development, please reply
please let know the detail of dcr 33(7) rule we r planing to develop a building which partly A-category cess building with B & C category and in CRZ -2. what is the FSI that we will get in this building. please reply
Sir
My name Janardan Sawant,
I want to know that Where will i find the the detail “notification issued by the State Government from 10.1.1989? for the re-development of cess buildings ufrom time to time?
When will State Govt. declare 3.00 F.S.I.?
from where can i find develpoment authority details for construction of 3 star catagory hotels in mumbai suburbs in sra project
How much sq.ft carpet area for individual flat did MHADA provide in private building under under Development
pls inform about minimum distance to be left for reconstruction of building house as per crz regulation recent from high tide lvl
how to find out the high tide lvl to draw a line to pls comment on this
Dear Sir,
Our Bulding have gone to Redevelopment & Demolished but Buldier have not started so
please your team will correct guide
DEAR SIR, WHAT IS THE CRZ RELAXATION NORMS. PLEASE SEND ME NOTIFICATION IF ANY.
where can i find the new notification dated 3.8.2010 for srs as to how is the profit tax free and in which sra scheme
when repair cessed tax was levied in mumbai the year is not mentioned
Our is Pre- 1940 Non cessed building In Matunga (East). Ours is co-operative housing society. Not a cess building. Cess Started from 1971. From 1934 to 1966 it was landlord Building. In 1967 we have formed co-operative housing society.We want to go for redevelopment. Whether we will get permission for redeveopment. Any Rule or Act is available for Redevelopment of Non-Cess Property in Island City Mumbai . Kindly reply .
Regards
Mr. S.V. Venkatesh
OM Building Coperative Housing Society
Opposite Indian Gymkana
Matunga (East) Mumbai 400019
Mobile No. 9819110955
Our is a pre 1940 decessed building in thakurdwar, girgaon, mumbai – 2. Our housing co-operative society was formed in 1981. We want to go for redevelopment. Any Rule or Act is available for Redevelopment of De-Cess Property in Island City Mumbai . Kindly reply . Are there any guidelines to convert a building from a decessed property to a cessed property. what is the applicable f.s.i. on our plot of 1000 sq. mtr. we have an interested party for cluster development making it a plot of 4000.sq mtr.
Is there any rule or act or any guidelines for forcible acquisition of our plot by the interested party if we cause any hinderance to the clustered property if we pertain ourselves from join them in an m.o.u. kindly reply.
Dear Sir,
Kindly enlight me on the BMC–D.C. Rule no. 37 (a) (i) and order under no.MCI/R/3256 of 18-2-1976—-for enclosing otlas..Is it abolished or amended—-Pl confirm
J Rodrigues
Bandra W
If IOD & Commencement Cert. has been recd. under DC 33(7) for prop. under CRZ and flats have been sold by the builder. Now BMC is asking to amend plans as as per BMC ruling 2009 Fsi for staircase and lift area will be included in FSI of 2. Is it neccessary to submit the amendment plans or can it be challenged on the ground that flats are sold as per approved iod plans(where staircase and lift area was not included in FSi). With what authority it can be challenged.Pl. guide
What FSI is granted if it is a ceased building under TP scheme and falls under CRZ II?
dear sir, let me know how buidings are classified as a,b,c categories?the 2.5 fsi is same for single building? and if we go for cluster redevelopment then what is the fsi?
what is incentive fsi?
sir,
how much we get to build a construction on cessed building in sion area and it is a land lord ship building.and any rules are there as per the mhada rules landlord has to give minimum /maximum area to the tenants.
What FSI is granted if it is a ceased building falls under CRZ II ( Girgaum Division) Mumbai City..?
we have six cess property with 135 tenats we know how much area given to tenats and how much area builtup for redvolpment
is there any restriction to transfer total slum area from south to north under SRA scheme, please clarify
New G.R. is done then pls. sent me copy of same & How much FSI is granted for slum development, please reply.
My father the rent receipt holder of the stall , i.e we pay the rent to the landlord , our stall is from more than 50 years in south central mumbai , with good location i.e main road facing , now a days every body knows the old building of 2 or 3 floors are demolised & 7 or 10 floor new building is reconstructed at the same place where as the resident are getting 350 sqft of flat as per government rule , what about the commercial premises holder , I had heard that for commercial premises , we will get the same sq ft of stall or shop as the same location i.e main road facing , is that true , or please give some legal advices regarding this matter also say which government department of maharashtra is concern to this matter , is such a thing happen that any of our stall holder will be forced to move inside the main road facing location where he will not get good business , please give some legal direction
I am a tenant, The State of Maharashtrra is the owner of a piece and parcel of land admeasuring 13058.25 sq. yard The Secretary of State for India incounsel executed a lease deed in favour of one Mr. Aga Shumsudin Shah for 99 years Commencing from 1.9.1903 and lease period is expired on August, 2002. The there were several assignments of the plot of land and last assignment in favoaur of Steelage Industries Ltd.State of Maharashtra passed a Resoultion dated 05.10.1999, lease deed would be renewed for a period of 30 years only The Govt. Resolution dated 5.10.1999 was withdrawn in July, 2004 and since August 2004 lease rent is being calculated as per prime lending rate fixed by State Bank of India. Right of Information Act. 2005 has published on the web portal information and obligation of the Collector in respect of lease of government lands.Based on the above resolution collector of Mumbai fixed the lease rental Rs. 1,14,42 629/- per annum for the said plot of land and demanded that herein pay an amount of Rs. 152, 56 837/- towards lease Rental for the period 1.9.2002 to 31.12.2003 in addition to lease rent the collector of MUmbai demanded a sum of Rs. 9,66,56,837 for change of name of the leasee from Steelage Industries ltd to Gunnebo India Ltd..Being aggreived by the aforesaid action of the Collector, Steelage Industries filed a Suite No. 353 of 2004 wherein the Collector of Mumbai, State of Maharashtra, and Union of India were party defendants, The suit premises were valued at Rs.50 crores the said suit preferred Notice of Motion No. 556 of 2004 The said motion has been disposed of by an order dated 19.08.2006 Pending the said suite and contrary to the terms of the lease Gunnebo India ltd. executed a Deed of Assignment dated 13.09.2006 assgining the plot of land to Redstone rRealators for monetary Consideration of Rs. 22 crores.The collector of Mumbai has letter dated 18.07.2006 infromed Redstone Relators the renewal of lease Deed woluld be on terms and conditions a prescribed by the Govt. and that redstone relattors should give an Indemnity bond on Rs. 200/ non Judicial stamp papers. It is trange that revenue due to the Government is sucured by an Indemnity Bond by a Partnership firm on a Rs. 200/ stam paper. The Hon’ble supreme court has time and again cautioned and in fact castigated the aforesaid practice of seeing Indemnity Bond where revenue of the government runs in crores of rupees. Redstone relators no connection with the property either as Lessee, Sub-lessee or Licensee. This itself is breach of the development norms till date prperty card i the name of steelage Industires. without verify the locas of the developer MCGM and Mhada grant the permission under 33(7) with f.s.i 2.5 My question is that how the developer can transfer the ownership flat to the tenent after the completion of tte bulding he has an obligatiuon to convey the plot of land or assign th balanc tenue of lease in favour of co-operative society of residents. all this on a land of the State of Maharashtra wherein the leasee is in default of payment of lease rent and other charges exceeding Rs. 20 crores as on date. how the MCGM & mhada permi the development. in this illegal development mhada can issue notice under 95-A to the tenent. KIndly advice urgently.
Dear Sir can you please let me known that staircase,lift and common lobby incentives are given to the developer to extented the floor
Please let me know if I purchase a hut in a chawl now from owner at mumbai worli area, having photopass then is there any problem legally. Whether my name will be transferred in the building.
Also let me know where I will the rule & regulations of BMC for tenants, SRA scheme, whatare the proofs reuired, from which year the hut proof is required etc……….Request you to please advice urgently on my email Id.
Hi Sir,
I want to know that what is the maximum permissible FSI for a Cess B building in CRZ II category in Dadar Shivaji Park area. Plz let me know. My contact no is 8286040044. Swapnil.
Dear sir i am tenant (shop) in the old building prior of 1961 and now it is going for redevelopment my area is curently it is 300 sft is carpet and 206 sft is mezzanine floor,now i want to know what benifits should i get frm builder as he is not giving any extra area at free of cost
whereas he has given 20% exrta to residential peopke above my shop is i am eligle for toile-bathroom and parking .
Please tell me from where can i find out latest amended notification of 33(7)
Sir Can i get the copy of New DC Roles amended and effective from 6th Januar 2012
Dear Sir
Our property is owned by the Archdiocese of Mumbai ie The Catholic Church, we the tenants have been approached by a builder for re-development as all the buildings in our compound are cessed buildings & have been constructed between 1963 & 1970 all buildings are Gr + 3 structures & require repairs urgently Please let me know what is the current FSI available for such re-development & also what is the process to be followed for re-development as we do not own the property.
copy of New DC Rules amended and effective from 6th Januar 2012 and any other new rules pertaining to re-development of cessed ‘A’ category buildings.
Dear Sir,
Subject Re-deveopment of old cess TRUST Building.
Under re-development of cess building minimum and maxium area tenant are entiled for residential under DC 33(7). Are old tenants eligible for ownership flats or corpus fund. In fact I would like to know what benifets old tenants gets as per BMC & Mhada Rule Act. if the bidg undergoes for re-development and what basic rules applied to Trustees for tenants to vacate the flats for re-development.
Request: Short time, urgent basis please.
Please tell me from where can I find latest amended notification of 33 (7) and also a copy of New DC Rules amended and effective from January 2012.
dear sir
our property in b m c undertakining ( D ward ) 1981 devlop. we want re-devlop
dear sir
we are in b m c bulding buld in 1980 we want re devlop our bulding g+four our c s no 337 or 337 plot area 436 sq meter .we are aligebele for d c rules 33(7) pleas guide.
mukesh parmar
plz send me copy of sra gr 2012 till.