10.10.2 Reconstruction / Redevelopment of Building in CIDCO / NMMC Areas

Regulation for reconstruction / redevelopment schemes undertaken by CIDCO / Owner‘s Association / Co-operative Housing Society (CHS) in respect of the authorized buildings previously constructed by CIDCO but subsequently destroyed by natural calamities or accidental fires or which have collapsed by aging or are demolished or being demolished under a lawful order of the Municipal Commissioner etc. :-

Reconstruction / Redevelopment, in whole or in part of a building, previously constructed by CIDCO (not being a building wholly occupied by warehousing / Industrial user and also not being an individually owned structures, which has ceased to exist for the reasons mentioned above) or a building constructed by CIDCO which has been declared dilapidatedby the Commissioner NMMC or a buildings constructed by CIDCO which is above 30 years of age, irrespective of its status of dilapidation, (hereinafter collectively referred to as ―dangerous / dilapidated building‖) shall be permissible in accordance with the following Regulations. Regulation for Reconstruction / Redevelopment :-

1. For redevelopment of building or buildings in the housing schemes of CIDCO, containing houses or tenements for (i) EWS / LIG and / or (ii) MIG and / or (iii) HIG, the total permissible FSI shall as specified in Table belowor Rehab + Incentive FSI as per clause 2(A) & (B), whichever is more and shall be based on gross plot area :-

(1) Inserted vide Notification u/s 37 (1AA)(c) No.CR.236/18 (Part 6), dt.12th October, 2022

(#) Clarifications issued vide Letter No.CR.42/21, dt.14th June, 2021 & Order No.CR.236/18 (Part 2), dt.12th October, 2022

Table No.10-C

     Sr. No.                      Category                              Permissible FSI
        i)      Plot area of 1000 sq.mt. or more and having                  3.00

access road of minimum 15.0 m width.

       ii)      Plots area of 1000 sq.mt. or more and having                  2.00

access road of minimum 9.0 m. width

       iii)     All other plots having access road below       1.80 or Authorisedly consumed FSI +
                9.0 m. width.                                     50% Incentive whichever is less

If the entitlement of FSI as above is less than maximum building potential mentioned in column 6 or 9 of Table 6-G of Regulation No.6.3, then difference of FSI entitlement shall be availed by payment of premium. Moreover, the maximum building potential mentioned in Table No.6-G shall be allowed considering the road width one step below subject to road width of minimum 12.0 m. e.g. for the roads as mentioned at Sr.No.3 in Table No.6-G, the maximum building potential shall be considered as given at Sr.No.4. Identification of dangerous / dilapidated buildings shall be done by a Committee under the Chairmanship of the Municipal Commissioner, N.M.M.C., comprising Superintendent Engineer, Public Works Department, Thane; Joint Director, Town Planning, Konkan Division; City Engineer, N.M.M.C.; Chief Engineer, CIDCO; Chief Planner, CIDCO and such other members as may be appointed by the Municipal Commissioner, N.M.M.C., having regard to their academic qualifications, technical competence and previous experience in the field of Structural Engineering.

2. Where redevelopment of any dangerous / dilapidated buildings(s) in a Housing Scheme of CIDCO constructed building is undertaken by the Co-op Housing Society or the occupiers of such building(s) or by the lessees of CIDCO, the Rehabilitation area Entitlement, Incentive FSI and sharing of balance FSI shall be as follows:-

A) Rehabilitation Area Entitlement :

i) Under redevelopment of any dangerous / dilapidated building(s) in a Housing Scheme of CIDCO, the entitlement of rehabilitation are for an existing residential tenement shall be equal to sum total of -

(a) a basic entitlement equivalent to the carpet area of the existing tenement plus 35% thereof, subject to a minimum carpet area of 300 sq.ft. and

(b) an additional entitlement, governed by the size of the plot under redevelopment, in accordance with the Table below :-

Table No - 10 D Area of the Plot under Additional Entitlement (As % of the Carpet Redevelopment Area of the Existing Tenement) Upto 4000 sq.m. Nil Above 4000 sq.m. to 2 hect 10% Above 2 hect. to 5 hect. 15% Above 5 hect. to 10 hect. 20%

Explanation : The plot under redevelopment means the total area of the land on which redevelopment of dangerous / dilapidated building(s) is to be undertaken.

Provided that the maximum entitlement of rehabilitation area shall in no case exceed the maximum limit of carpet area prescribed for MIG category by the Govt., as applicable on the date of approval of the redevelopment project.

Provided further that the entitlement of rehabilitation area, as admissible under this regulation, shall be exclusive of the area of balcony.

ii) Under redevelopment of any dangerous / dilapidated building(s) in a Housing Scheme of CIDCO, the entitlement of rehabilitation area of any existing authorized commercial unit / amenity unit in the Residential Housing Scheme shall be equal to the carpet area of the existing unit plus 20% thereof.

B) Incentive FSI : Incentive FSI admissible against the FSI required for rehabilitation, as calculated above, shall be based on the ratio (hereinafter referred to as Basic Ratio) of Land Rate (LR) in Rs. / sq.m. of the plot under redevelopment as per the Annual Schedule of Rates (ASR) and Rate of Construction (RC)* in Rs. / sq.m. applicable to the area as per the ASR and shall be as given in the Table below :-

Table No.10-E Basic Ration (LR / RC) Incentive (As % of Admissible Rehabilitation Area) Above 3.00 70% Above 2.00 and upto 3.00 80% Above 1.00 and upto 2.00 90% Upto 1.00 100%

Explanation :- * RC is the rate of construction in respect of R.C.C. Construction, as published by the Chief Controlling Revenue Authority & Inspector General of Registration, Maharashtra State in the Annual Schedule of Rates.

Provided that the above incentive will be subject to the availability of the FSI on the Plot under redevelopment and its distribution by N.M.M.C., with prior approval of CIDCO.

Provided further that in case there are more than one land rate applicable to different parts of the plot under redevelopment, a weighted average of all the applicable rates shall be taken for calculating the Average Land Rates and the Basic Ratio.

Provided further that the Land Rate (LR) and the Rate of Construction (RC) for calculation of the Basic Ration shall be taken for the year in which the redevelopment project is approved by the authority.

C) Sharing of the Balance FSI :

The FSI remaining in balance after providing for the rehabilitation and the incentive components, calculated as per (A) and (B) above respectively, shall be shared between the existing or proposed Co-operative Housing Society / Apartment Ownership Association and CIDCO, in the form of built-up area, as given in Table below and the share of CIDCO shall be handed over to CIDCO free of cost. Table No.10-F Basic Ratio (LR/RC) Sharing of Balance FSI Society / Association Share CIDCO Share

               Above 3.00                          30%                     70%
        Above 2.00 and upto 3.00                    40%                          60%
        Above 1.00 and upto 2.00                    50%                          50%
               Upto 1.00                            60%                          40%

Provided that building or buildings under redevelopment in the N.M.M.C. area, upto 20% of the CIDCO‘s share in the form of tenement shall be handed over free of cost to the N.M.M.C. N.M.M.C. require the same for rehabilitation of the project affected persons.

2.1 Where redevelopment of dangerous / dilapidated building(s) in a Housing Scheme of CIDCO is undertaken by CIDCO directly or jointly by CIDCO along with the Co- operative Housing Society / Association or the occupiers of such building(s) or by the lessees of CIDCO, the Rehabilitation Area Entitlement, incentive FSI and sharing of balance FSI shall be as follows :

A) Rehabilitation Area Entitlement :

The Rehabilitation Area Entitlement shall be increased by 15% of the existing carpet area, over and above the Rehabilitation Area Entitlement calculated in (A) of Clause 2 above, subject to the maximum of the size of MIG, prescribed by the Government in the Housing Department.

B) Incentive FSI : Incentive FSI shall be the same as in (B) of Clause 2.

C) Sharing of the balance FSI : There shall be no sharing of the balance FSI, which shall be entirely available to CIDCO for implementing Affordable Housing Project.

3. Other requirement / Criteria :

i. For the purpose of calculating the FSI, the entire area of the layout including widening of existing roads and internal roads but excluding the land earmarked for public amenities shall be considered. Sub-division as well as amalgamation of plots shall be permissible. Amalgamation of more than one Apartment Owners‘ Association / Co.op. Hsg. Society (CHS) / Residents‘ Association shall be permissible and after such amalgamation, the amalgamated plot should be in the name of the applicant CHS with legal ownership title, without considering the provision made in the Regulation of the DCR. However consent of at least 70% leaseholders / occupants who intend to amalgamate such condominium shall be necessary. ii. In a condominium / plot area, widening of existing roads as per the regular line of street prescribed by the Commissioner, N.M.M.C. or widening of road providing vehicular access to the condominium plot to bring it to the minimum right of way as prescribed in Table No.10-C, shall be permissible for reconstruction / redevelopment, after handing over required stretch of land under road to N.M.M.C., free of cost, duly developed with storm water drains and footpath, if any, to the satisfaction of the Municipal Commissioner. iii. In case where there are a number of dangerous / dilapidated buildings on a plot, in such cases, equivalent land component of such buildings shall be worked out and incentive F.S.I. shall be based on such land component. iv. The normal permissible tenement density per net hectare may be allowed to be exceeded in multiple of F.S.I. permissible.

v. The existing residential premises (other than R + C premises) shall be permitted to be redeveloped for residential user only. No change of use from Residential to Residential cum Commercial shall be permitted. However, in such premises, if area of such plot is more than 1000 sq.m. and the same is fronting on a road having width of 20 mt. and above then it shall be permissible to construct convenience shopping to the extent of 5% of the plot area and if the plot area is more than1000 sq.m. and the plot is fronting on a road having width of 30 mtrs and above then this limit for convenience shopping will be upto 10%. vi. In a condominium / plot area, It shall be mandatory to keep minimum 10% or 15%, as the case may be, compulsory recreational open space on ground clearly open to sky over and above podium garden, in the proposed redevelopment project in respect of land area between 2500 sq.mt. to 4000 sq.mt. or more than 4000 sq.mt., respectively.

vii. 5% of the Plot area under reconstruction / redevelopment project shall be surrendered to the Municipal Corporation, free of cost, towards essential amenity area, in case the plot area is more than 2500 sq.mt. The FSI of such amenity area shall be permissible on the balance plot area and the entire area of such amenity space will be considered for computation of FSI, without deducting this area from the gross plot area. However, 1.0 FSI out of amenity space FSI will be deducted from the total permissible FSI. Alternatively carpet area equivalent to 5% of the area of the plot Under redevelopment can be constructed within the Scheme, providing Separate access, and handed over to N.M.M.C. free of cost as Social amenity. viii. The Layout of entire condominium / residential / Residential cum commercial premises, duly signed by the Apartment owners‘ Association / CHS shall be submitted at the time of Commencement Certificate to ascertain the feasibility of the entire condominium for redevelopment, so that in future, proper redevelopment of other buildings in the condominium / residential premises is smoothly feasible. However, such redevelopment can be undertaken in a phased manner in respect of one or two buildings likewise as per the approved layout of the entire condominium / residential premises. In case of such partial redevelopment, the infrastructure charges shall also be deposited in proportion to the area under such partial redevelopment. ix. For the purpose of deciding the authenticity of the age of the structure, if the approval plans of such existing structure are not available, the Municipal Commissioner shall consider other evidence such as Assessment Record, or city survey record or sanad.

x. In any Redevelopment project where the existing or proposed Co-operative Housing Society / Apartment Owners‘ Association / Developer appointed by the concerned Society / Association has obtained No Objection Certificate from the CIDCO, thereby securing additional balance FSI with the consent of 70% of its members and where such N.O.C. holder has made provision for alternative accommodation in the proposed building (including transit accommodation), then it shall be obligatory for all the occupiers / members to participate in the Redevelopment Scheme and vacate the existing tenements for the purpose of redevelopment. However, in case of Apartment owners‘ Association, the Consent as per the concerned Act will be required. xi. For redevelopment of any dangerous / dilapidated buildings in any Housing Scheme of CIDCO under clause 2.1 hereinabove, by CIDCO, the consent of the Cooperative Housing Society in the form of a valid Resolution as per the Co-operative Societies Act, 1960 will be sufficient. Similarly in case of Apartment Owners‘ Association, the consent as per the concerned Act will be required. xii. For providing the requisite infrastructure for the increased population, an infrastructure charge at the rate of 10% of the Land Rate as per the ASR of the year of approval of the redevelopment project shall be levied and charged by the N.M.M.C. for the extra FSI granted for the redevelopment project, over and above the Basic Zonal FSI. xiii. A corpus fund, as may be decided by Municipal Commissioner, shall be created by the Developer which shall remain with the concerned Co-operative Housing Society / Apartment Owners‘ Association for the maintenance of the new buildings under the Rehabilitation Component. xiv. For the purpose of this Regulation, the carpet areas for EWS, LIG or MIG tenements shall be as determined by the Government in the Housing Department from time to time. xv. Any redevelopment proposal where N.M.M.C. has already issued Commencement Certificate (C.C.) prior to the date of coming into force of this Modification (hereinafter

referred to as ―the appointed date‖) and which is valid as on the appointed date, shall be allowed to convert to redevelopment projects under this Regulation, provided it satisfies all the requirements specified in this Regulation.