14.2.3 For Nagpur Municipal Corporation and Nagpur Metropolitan Region

Development Authority Following Regulations are applicable for Development / Redevelopment of building falling within Nagpur Metro Rail Corridor (NMRC)

i) Definitions

a) Nagpur Metro Rail Corridor (NMRC) - It is the area falling within 500 m. distance on either side of the Nagpur Metro Rail measured from its Centre line and also includes the area falling within 500 m. distance from the longitudinal end of the last Metro Railway Station. This regulation is also applicable for all the Planning Authorities from where the Metro Rail is passing through.

b) Base permissible FSI - It is the FSI that is otherwise permissible on any land with respect to zone shown as per the sanctioned development plan and the relevant provision of the Principal DCR excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

c) Gross plot area - Gross Plot Area means total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

ii) Maximum Permissible FSI The maximum permissible total FSI in NMRC shall be 4.00 including the basic permissible FSI, subject to condition that, the additional FSI over and above the basic permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table No.14-O below :-

Table No.14-O

                          Sr. No.       Minimum Road Width                          Plot Area                   Maximum Permissible FSI
                             1                9.00 m.                         Below 1000 sq.m.                          2.00
                              2                     9.00 m.                   1000 sq.m. or above                        3.00
                              3                    12.00 m.                   2000 sq.m. or above                        3.50
                              4                    15.00 m.                   2000 sq.m. or above                        4.00

Explanation :-

1) The maximum permissible FSI as per the above Table shall be determined by satisfaction of both the criterias viz. Minimum Road width as well as plot area,

(#) Clarification issued Vide Letter No.CR.236/18 (Part 1), dt.14th January, 2021

(1) Inserted vide Notification u/s 37 (1AA)(C) & 20(4) No.CR 158/19, dt. 10 th October, 2022

simultaneously. However in case, both these criterias are not satisfied simultaneously, the maximum permissible FSI shall be the minimum of that permissible against each of these two criterias, as illustrated below;

2) Land owner / Developer shall not have option to use TDR in NMRC. Illustrations : - Table No.14-P Road width

                  Plot Area                          Less than 9.0 m.     9.0 m. &         12.0 m.   15.0 m.
                                                                           above           & above   & above
      below 1000 sq.m.                         As mentioned in Chapter 6     2.0             2.0       2.0
      1000 sq.m. up to 2000 sq. m.             As mentioned in Chapter 6             3.0     3.5       3.5
      Above 2000 sq.m.                         As mentioned in Chapter 6             3.0     3.5       4.0

a) Premium to be Paid Additional FSI over and above basic permissible FSI of respective land use zones as mentioned in Chapter 6 may be permitted on the payment of premium as may be decided by the Govt. from time to time.

i) The additional FSI as prescribed in the Table under provision (1) (ii) above, in case of development / redevelopment proposed in the NMRC with minimum tenement density per hectare of the gross plot area as given below. Minimum Numbers of Tenements = Gross Plot Area x Maximum Proposed FSI for Residential use x 200 Tenement per Hector.

ii) However, subject to the provisions of regulation (1) 14.2.3(iii) herein below, if the tenement density proposed is less than that stipulated under (1) provision (ii)(a)(i), the premium to be paid in that event shall be the additional premium as may be decided by the Govt. from time to time and such premium shall be chargeable on the total additional FSI to be availed beyond the basic permissible FSI.

iii) For construction of buildings mentioned in Chapter 7, the rates of premium shall be as mentioned in the said Chapter.

b) Impact Assessment and Integrated Mobility Plan Such additional FSI over and above the base permissible FSI, shall be granted by the Commissioner, Nagpur Municipal Corporation / Chairman, Nagpur Improvement Trust, any Planning Authorities from where the Metro Rail is passing through after taking into account the Impact Assessment of the implementation of these regulations regarding the impact on the city and sector level infrastructure and amenities as well as traffic and environment on such NMRC. Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time bound manner. It shall also contain Integrated Mobility Plan envisaging therein inter-linkages between different modes of mass transport, parking management, traffic management and pedestrianisation.

c) The maximum permissible FSI as given in Table under Regulation No.(ii) above shall be calculated on the gross plot area.

d) In case of plot / plots falling partly within the NMRC, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within NMRC plus plot falling outside NMRC) shall be as prescribed in the table in Regulation No.(ii) above :-

(1) Substituted vide Corrigendum / Addendum No.CR.121/21, dt.02nd December, 2021

(i) Where 50% or more area of such plot / plots falls within NMRC, these regulations including FSI shall apply to the total area of such plot / plots.

(ii) Where less than 50% area of such plot / plots falls within NMRC, these regulations including FSI shall be applicable to the part of plot / plots falling within NMRC, whereas for the part of plot / plots falling outside NMRC, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside NMRC shall be as mentioned in chapter 6. Moreover, the owner shall have option of either to opt for UDCPR provisions in toto or opt for TOD regulations in toto. In case, the owner opts for development as per UDCPR provisions, then he may be allowed to utilise FSI as per TOD regulations over and above the maximum potential mentioned in Table 6-A or 6-G.

e) Notwithstanding anything contained in any other provisions of these regulations, TDR shall not be allowed to be received on the plots within NMRC, irrespective of its location in congested area / non-congested area as per the Sanction Development Plan of Nagpur.

iii) Permissible mixed use in NMRC :

Mixed use in the form of residential and commercial, fully commercial use may be permissible on the residential plot in NMRC fronting on the road width of 12.0 m. and above. Mix use on plot / plots in commercial zone of sanction Development Plan falling under NMRC shall be permissible as per these Development Control and Promotion Regulations and the FSI permissible as per his Regulation over and above as mentioned in Chapter 6 shall be allowed on the payment of premium, as per subject to Maximum building potential as mentioned in Regulation No.(ii) above.

iv) Other provisions regarding marginal open spaces shall be governed by the proposed height of structure, as given in the provisions (v) below and should conform to the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (Maharashtra Act No.III of 2007) as amended from time to time. No building permission shall be issued without NOC of the Fire Officer. Other regulations regarding room sizes, apertures for light and ventilation shall be as per these Development Control and Promotion Regulations in force.

v) Marginal Spaces :

Table No.14-Q

        Sr.   Building Height     Side and Rear                     Remark
        No.                          Margins
         a    15.0 m.      and        H/2-4        Minimum 3.0 m. for Residential
              below                                minimum 4.5 m. for Commercial and

Minimum 6.0 m. for Special Buildings.

         b    Above 15.0 m.                        Minimum 4.5 m. for Residential and
              and upto 24.0            H/5         Commercial Building and 6.0 m. for
              m.                                   Special Building.
         c    Above 24.0 m.                        Minimum 6.0 m.

Note - 1. Maximum Side / Rear / Front Margin shall be 12.0 m. However if Developer / Owners provides more than 12.0 m. side and rear margins it may be allowed.

Note - 2. The Municipal Commissioner may relax the side & rear marginal distances as per Regulation No.2.4 of UDCPR subject to following provisions.

A) If clear minimum marginal distance is proposed from one side as per these Regulation then other side marginal distance may be relaxed up to 50%.

B) Front margin relaxation to allow additional FSI may be granted subject to condition that the Minimum road width shall be 12.0 m. and above.

Note - 3. In case semi-detached construction as per these regulations, common wall constructed is allowed and marginal distance shall be provided for other side as per these regulations.

(v)(a) No projections shall be allowed in one side marginal spaces as mentioned in

Note No.2(A) above so that this marginal spaces remain free from all encumbrances for the movement of fire tenders. However open balconies may be allowed in the marginal spaces where concession as mentioned in Note No.2(A) above is allowed, after leaving minimum 3.0 m. distance from the plot boundaries, subject to Fire NOC. In case if ramp is necessary from accessibility, such ramp may be allowed after living 6.0 m. clear margin. However such Ramp may be allowed in side margin where relaxation is to granted as per provision mentioned in Note No.2(A) above subject to NOC of the Fire Department.

(v)b) For calculation of marginal distances, the height of the parking floors (Maximum two floors above the Ground Level) shall not be taken in account, However height of such parking floors will be counted towards the total height of the building for deciding the building as high rise building and for civil Aviation purpose.

(v)(c) Car lift / mechanical parking shall be permissible, as per these regulations as amended from time to time.

vi) Parking :

Parking in the NMRC shall be provided as per the table given below :-

Table No.14-R Sr. Transit Oriented

 No.      Occupancy         One parking space for every      Development Influence Zone
                                                             Car     Scooter /     Cycle

Motorcycle

  1       Residential   (a) Tenements having carpet area -
                           From 25 and upto 40 sq.m.          0            1        2
                          For 2 units above 40 and upto 60    1            1        2

sq.m.

                          For every unit above 60 and upto    1            1        2

80 sq.m.

                          For every unit above 80 sq.m.       1            2        1

  2       Govt.     & 100 sq.m. carpet area or fraction       1            2        2

Semi Govt. thereof Private business buildings

Note :-

1) Parking spaces for differently-abled persons shall be provided as stipulated in these regulations in each new construction / development / re-development in the NMRC.

2) On street parking shall not be permissible, unless specifically allowed in the impact assessment and mobility report.

(vi)(a) Incentive for providing Public Parking in the area falling within the radius of 200 m. from the Metro Station. If the owner / developer of the plot falling within the radius of 200 m. from the Metro Station, is willing to provide Public Parking space over and above the parking spaces required as per the table given in Regulation No.(vi) above of this regulation, the same shall be allowed and in that case the premium to be paid by such developer / owner as per Regulation No.14.2.3(ii)(a) shall be reduced by the amount equal to the premium worked out for 25% of the area earmarked for such additional Public Parking space, subject to following conditions:-

i) Such parking area shall be in the built-up form and shall be handed over to Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with owner / developer for such parking space at the time of granting Commencement Certificate to the project. Such Public Parking area shall be clearly shown on the proposed building plan / layout and a condition to above effect shall be incorporated in the Commencement Certificate.

ii) The parking area shall have independent access from major road adjacent to the plot and with proper entry and exits.

iii) The parking area to be made available at individual site shall be at minimum 100 sq.m. at one place either at Ground floor / Stilt floor or first floor.

iv) The maximum parking area that can be provided shall be decided by the Commissioner, Nagpur Municipal Corporation / the Chairman, Nagpur Improvement Trust, as the case may be, on considering the location of such site and the parking requirement.

v) A board showing the location of such public parking space should be displayed at suitable places by the Planning Authority.

vi) Area covered under such parking shall not be counted towards FSI consumption.

vii) Concerned land owner / developer / society / public company shall not be allowed to operate the public parking.

viii) The proposed development shall be further subject to such conditions as may be decided by the Municipal Commissioner / Chairman, NIT, as the case may be.

vii) In case of development or redevelopment, proposed by the Authority / individual applicant / any other Planning Authority, from the edge of the Metro Rail, within 10.0 m. distance from the Metro Rail, on its either side, the concerned Planning Authority i.e. Nagpur Improvement Trust / Nagpur Municipal Corporation before granting such permission for development / redevelopment shall seek prior NOC from the Nagpur Metro Railway Corporation Ltd as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

viii) The provisions of these UDCPR shall be applicable except, express provisions of these TOD regulations. However in case of any conflict between TOD Regulations and any other Regulation/s of UDCPR, TOD Regulations shall prevail for the NMRC.

ix) No Compound wall / fencing shall be permissible on the boundary of plot facing the road and 50% front marginal distance (subject to minimum and maximum of 3.0 m.) shall be kept accessible and to be used as foot paths for pedestrians. However, it shall be permissible for the applicant to construct / erect fencing, on the boundary, after leaving the space for pedestrians as specified above.

However for the plots situated on 9.0 m., 12.0 m. & 15.0 m., wide Roads having 100% residential use therefore above rule shall not be made applicable.

a) Large wholesale stores, auto dealer showrooms, warehouses / storages, auto service centres, Garages etc. shall not be permissible in NMRC.

b) Provision of Inclusive housing shall not be applicable in NMRC.

c) For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in NMRC, seeking provisions for Development / redevelopment, these regulations shall apply.

d) The width of passage shall be minimum 1.2 m. for residential use & 2.0 m. for commercial use.

e) Above regulation shall be applicable to all the buildings (i.e. newly proposed buildings as well as old buildings for utilization of FSI) in TOD.

f) In case of redevelopment scheme, size of tenement can be relaxed for Rehab Component subject to other provisions of UDCPR. However for free sale component TOD Regulation shall be made applicable.

g) In case of independent unit / Bungalow for self-use, such Development / Redevelopment may be allowed within base FSI subject to UDCPR.

h) The layout of building / group housing layout or standalone building on a plot / plots situated in NMRC over which construction is started and for which occupancy certificate is not granted may be revised and balance potential if any may be allowed as per the above provisions subject to following :-

Marginal Distance – The existing marginal distances including front margin may be allowed for higher floor / floors and necessary relaxation to that extent may be granted by the Municipal Commissioner subject to compliance of all fire requirements and fire NOCs by charging hardship premium. Hardship premium is to be decided by Municipal Commissioner. In any case sanctioned existing marginal / front margin distance shall not be reduced.