14.6.12

SANCTION TO THE SRS The following procedure shall be adopted while examining and sanctioning any S.R.S. in accordance with the provisions of the said Regulations,

1) Approval to the S.R.S. shall be given by the C.E.O., S.R.A. in accordance with the said Regulations.

2) The consent of hutment dwellers or the resolution of their co-operative society shall be taken into account at the time of submission of S.R.S. The consent shall be confirmed at the time of preparation of Eligibility list in Annexure II. For the approval of the S.R.S., consent of

(1) the hutment dwellers shall not be necessary. Competent Authority as notified under Slum Act shall finalize the list of eligible hutment dwellers with reference to the area proposed under the S.R.S. and it shall be obligatory for all slum dwellers to participate in the Slum Rehabilitation Scheme, once the same is approved by the C.E.O., S.R.A.

3) The C.E.O., S.R.A. after accepting the scheme submitted shall order preparation of the list of eligible slum dwellers. The Competent Authority, shall as far as practicable within 90 days finalize Annexure II and submit it to the C.E.O. The eligibility of a person including transferees under the S.R.S. shall be established in accordance with the provisions of the Slum Act and orders issued there under. Nothing in the said regulations shall restrain the C.E.O. from issuing of orders for preparation of the eligibility list (Annexure II) in relation to any slum wherein a proposal is submitted or not. Thus the fixing of eligibility (Annexure

II) will be independent of any scheme submitted.

Provided, in case of slums on lands falling in areas mentioned in Section 3-Z-6 of Slum Act, if the land owning agency gives N.O.C., then the C.E.O., S.R.A. Shall conduct the survey and order preparation of Annexure II on such lands.

4) Where 51% or more of the eligible hutment-dwellers in a slum or pavement in a viable stretch at one place agree to join a S.R.S., it may be considered for approval. Provided that nothing contained herein shall apply to Slum Rehabilitation Schemes undertaken by the State Government or a Public Authority or, as the case may be, a Government Company, as defined in Section 617 of the Companies Act, 1956 which is owned and controlled by the State Government.

5) The hutment dwellers shall be rehabilitated in the same S.R.S. wherein the hutments are situated, except in case where relocation is warranted on account of non-buildability or in case of clubbing of schemes or composite scheme as per the provisions contained in the said Regulations.

6) Pavement-dwellers and hutment dwellers in the slum situated on lands required for vital public utility / purpose or on hazardous location or on amenity / open spaces or plots, shall not be rehabilitated in-situ but in other available plots within the jurisdiction of S.R.A.

7) The Slum Rehabilitation Scheme for rehabilitation of protected and non-protected hutment dwellers residing upon such areas may be allowed to be implemented under the provisions of the said Regulations. Preference will be given to protected hutment dwellers on non- buildable Slum Areas nearby before non-protected hutment dwellers are accommodated. The C.E.O., S.R.A. shall be competent to approve the proposed Slum Rehabilitation Schemes.

8) Industrial user as may be permitted by Maharashtra Pollution Control Board (M.P.C.B.) may only be allowed to be re-accommodated under the S.R.S. However, if the Industrial unit is hazardous or polluting, the concerned person may be provided a commercial unit or built-up area for conforming non-hazardous/non-polluting industrial unit in the Rehabilitation Component of the S.R.S.

9) All eligible hutment dwellers in the Slum Rehabilitation Scheme shall be rehabilitated according to the provisions in the said Regulations and as per Rehabilitation option exercised by the C.E.O., S.R.A. under the said Regulations.

10) Unauthorized Commercial activities such as go-downs, Cow sheds / gothas, scrap godowns / yards; hazardous users / structures excluding community economy activity area as defined under the Slum Act shall not be permitted in the S.R.S. These shall be evicted and shall be moved away from the Slum Rehabilitation Area as non-conforming users.

(1)

11) All economic activities which existed on the date of eligibility shall be allowed to be relocated within the area of the S.R.S., regardless of the non-conforming nature of such activities, excepting those which are hazardous and polluting. Where alternative accommodation has been allotted elsewhere by the Planning Authority, further relocation shall not be permitted.

12) On compliance of the terms and conditions of approval to the S.R.S. and the requirements of the provisions contained in this Scheme, the necessary building permission u/s 45 of M.R. & T.P. Act, 1966 shall be admissible in accordance with the provisions to construct the Rehabilitation Component of the S.R.S. as well as the Free Sale Component of the S.R.S.

13) In case where Sale building is proposed along with Rehab building in S.R.S., it shall be obligatory on part of the developer to submit RERA registration of the scheme, as applicable. The developer shall abide to all orders and directions issued by RERA Authority, if applicable, in respect of the free sale building.

14) The decision of C.E.O., S.R.A. shall be final and binding on all the concerned regarding the proportion and location of the land area to be used for the Rehabilitation Component, Amenity Component and the Free-Sale Component.

15) Area Entitlement of Eligible Hutment-dwellers (Residential User) : A Hutment dweller having residential user in the slum or on the pavement, who is eligible in accordance with the provisions of the said Regulations, shall, in lieu of his structure, be given free of cost (in case of Protected Occupier) / at subsidized rate (in case of Non-Protected Occupier), a residential tenement having carpet area of 27.88 Sq.m. (300 Sq.ft.) which shall include living room, bedroom, kitchen / alcove, bath and water closet and balcony (if any), but shall exclude common areas. However the projects for which the commencement certificate have already been issued, as per erstwhile Regulations, the residential tenement shall be as per earlier area entitlement with carpet area of 25 Sq.m. (269 Sq.ft.) which shall include living room, bedroom, kitchen / alcove, bath and water closet and balcony (if any), but shall exclude common areas. The slum dwellers belonging to schemes wherein the commencement certificate is already issued before coming into force of said regulations may be provided a residential tenement having a carpet area of 27.88 Sq.m. (300 Sq.ft) (Instead of 25 Sq.m. (269 Sq.ft.) as per the discretion of the developer depending upon the feasibility of structural alterations at the site. In such cases revised plans shall have to be approved by C.E.O., S.R.A.

16) Area Entitlement of Eligible Hutment dwellers (Non-Residential User) : An eligible hutment dweller, having existing carpet area up to 25.0 Sq.m. (269 Sq.ft.) for commercial / industrial / economic / office activity that existed prior to 1stJanuary 2000, or the date decided by the Government time to time, and is certified by the Competent Authority, shall be entitled to get one non-residential unit of actual carpet area or 27.88 Sq.m. (300 Sq.ft.), whichever is less, free of cost, under the Slum Rehabilitation Scheme. Such area may be allowed on any side of the plot abutting 3.0 m. wide pathway and deriving access from 3.0 m. wide pathway / open space. Back to back shopping on ground floor shall be allowed for the purpose of rehabilitation. After exhausting these provisions, such area may be allowed on the first floor, to the extent necessary. The provisions of the said Regulations may also be applicable for Rehabilitation of Street Vendors.

17) Area Entitlement of Eligible Hutment dwellers (Mixed User) : In case a hutment dweller in the area of any S.R.S. has both, residential and commercial premises, without a common wall between such residential and commercial premises, in respect of which the S.R.S. is being or to be implemented, he shall be eligible for a residential tenement of 27.88 Sq.m.

(1) (300 Sq.ft.) carpet area free of cost, and he shall also be entitled to purchase a commercial unit admeasuring up to 6.0 sq.m. at the cost of construction as per A.S.R. The purchase price of such commercial unit shall be paid to the developer. The area of such commercial shall not be entitled for incentive F.S.I. for free sale component. The slum dwellers belonging to schemes wherein the commencement certificate is already issued before coming into force of said regulations may be provided a residential tenement having a carpet area of 27.88 Sq.m. (300 Sq.ft.) (Instead of 25 Sq.m. (269 Sq.ft.) and a commercial unit admeasuring up to 6.0 Sq.m. as per the discretion of the developer depending upon the feasibility of structural alterations at the site. In such cases revised plans shall have to be approved by C.E.O., S.R.A. Such area may be allowed on any side of the plot abutting 3.0 m. wide pathway and deriving access from 3.0 m. wide pathway / open space. Back to back shopping on ground floor shall be allowed for the purpose of rehabilitation. After exhausting these provisions, such area may be allowed on the first floor, to the extent necessary.

18) After declaration of Slum Rehabilitation area as "Clearance Area‖ u/s 3-D of the Slum Act, the C.E.O., S.R.A. shall take all required actions against the non-participating occupiers. The eligible occupiers shall be forced to participate and the non-eligible shall be forcefully evicted.

19) The conveyance of the land under rehab component shall be done in favor of the Slum Dwellers Co Operative Society.

20) Recovery of pending dues such as assessment, occupational charges, non-agricultural tax / dues etc. of the State Government, P.M.C. / P.C.M.C. / P.M.R.D.A. (restricted to earlier P.C.N.T.D.A. area) / M.I.D.C. shall not be linked to grant of approval or building permission to the S.R.S.