14.6.15 Development control regulations

1. F.S.I. permissible on the Plot under S.R.S. : Admissible F.S.I. in respect of the Slum Rehabilitation Scheme in congested and non-congested area shall include the admissible FSI for the Rehabilitation Component as well as the Free-Sale Component. The ratio, between the two components shall be as contained in Regulation No.14.6.16. Such F.S.I. may be utilized mainly for in-situ rehabilitation of slum dwellers, Convenience Shopping, non- combustible / non-polluting type Commercial godowns of slum dwellers. Such commercial users shall be permitted only on the lower, upper ground floor, irrespective of whether the site is located in R-1 or R-2 zone. FSI available for Free sale component may be utilized in- situ for residential, commercial or any other use as may be permissible under the UDCPR. As such, the permissible in-situ F.S.I., partly or fully, shall be allowed for rehabilitation, residential / non-residential / commercial or mixed users, as otherwise permissible in the UDCPR.

2. Maximum F.S.I. permissible for consumption on the plot : F.S.I. that can be sanctioned on any slum site shall be 4.00 or sum total of rehabilitation component plus free sale component whichever is more with minimum rehabilitation tenement density of 450 T/Ha. Due to local planning constraints and viability of the Slum Rehabilitation Project the density norms of 450 T/Ha. may be reduced up to 20% by the C.E.O., S.R.A. subject to minimum tenement density of 360 T/Ha.

3. The total permissible F.S.I. (Rehabilitation component plus Free sale component) for a slum rehabilitation scheme can be utilized on any slum site for construction of rehabilitation plus free sale component as mentioned in clause (2) and the difference between the total permissible F.S.I. of the S.R.S. and maximum in-situ consumed F.S.I., may be made available in the form of Transferable Development Right (T.D.R.), in accordance with the said Regulations.

Provided further that exemption of areas like staircase, lift, lobbies, machine room, passage, refuge area, (3) balcony from computation of F.S.I. shall be restricted to (3) 60% of built-up area (i.e. carpet area of rehabilitation component including (3) (---) area under walls (3) but excluding balcony(3)) of rehabilitation component and any rehabilitation component area, claimed above this restriction, shall not be eligible for any incentive towards the free sale component area to be calculated.

(3)

Provided that, the provisions shall be applicable to all the schemes where full occupancy certificate is not taken.

Provided further that, the SRS converted and complited according to 2022 regulations, where 15% balcony is calculated in FSI, shall be eligible for the revised calculations as above. (3)

(3) Replaced / Inserted / Deleted vide Order No.C.R.116/2024/(Part-2)/UD-13, Dt.11th October, 2024 under Clause (C)- RoD of Notification bearing No.C.R.09/2023/UD-13, Dt.05th December, 2023,

(1) Notwithstanding above if the developer does not desire to consume the full permissible in- situ F.S.I. on the same site, in such case the free sale component partly or fully shall be granted in the form of slum T.D.R. (Total sanctioned F.S.I. of S.R.S. minus consumed in-situ F.S.I.) by the concerned Authority with the recommendation of C.E.O., S.R.A.

4. Notwithstanding the provisions in clause mentioned above, if the developer does not desire to consume the full permissible in-situ F.S.I. on the same site, in such a case :

a. the free sale component partly or fully shall be granted in the form of Slum T.D.R. (total sanctioned F.S.I. of S.R.S. - consumed in-situ F.S.I.) by the concerned Authority with the recommendation of C.E.O., S.R.A.

b. the Rehabilitation component shall be increased to utilize admissible in situ F.S.I., so that more number of Rehabilitation tenements are constructed on the plot. Such additional tenements shall be handed over to S.R.A. free of cost, to accommodate identified eligible non protected occupants of other schemes, identified P.A.P. of slums or shall be utilized as stock for housing for dishoused, Transit accommodation as per the policy approved by Government in that behalf. Additional Rehabilitation component built by the Developer shall be included in the proposed Rehabilitation component of the scheme and additional incentive area according to the provisions laid down herein in the form of T.D.R. shall be admissible to compensate the Developer.

5. The Slum T.D.R. to be sanctioned in accordance with the said Regulations and generated from the slum rehabilitation schemes shall be allowed to be utilized in Pune and Pimpri- Chinchwad Municipal Corporation (old and new limits) respectively, excluding heritage structures and land of S.R.D. or S.R.A. projects. This shall be applicable to Schemes on lands in P.M.R.D.A. (Restricted to earlier P.C.N.T.D.A. area) and M.I.D.C. area also. In these cases, the Slum T.D.R. generated shall be allowed to be utilized under these norms within the area of respective planning authority.

6. The utilization of Slum T.D.R. on a receiving plot in the area of P.M.C. or P.C.M.C. (old and new limits), P.M.R.D.A. (Restricted to initial P.C.N.T.D.A. area) and M.I.D.C. areas shall be as per the provisions of UDCPR or DCPR of concerned Planning Authority, as the case may be. The utilisation of Transferable Development Rights (T.D.R.) shall be permissible by considering Gross Plot Area including area affected by D.P. road / road widening or amenity space / reservations or deemed reservation, if any, if the area under the same is handed over to the concerned Planning Authority.

7. The Slum T.D.R. shall be released in stages as under :-

i. After issue of plinth completion certificate of rehabilitation building/s, 25% of total Slum T.D.R. permissible shall be released. ii. After completion of R.C.C. and brickwork of rehabilitation building/s, 35% of total Slum T.D.R. permissible shall be released. iii. After issue of occupation certificate of rehabilitation building/s, and formation and registration of Co-operative Housing Society 30% of total Slum T.D.R. permissible shall be released. iv. After completion of procedure of rehabilitation of eligible slum dwellers in building, and conveyance of rehabilitation area to the Co-operative Housing Society of hutment dwellers, balance 10% of total Slum T.D.R. permissible shall be released. If any changes are required in the above provision, Government will issue orders in this regard, from time to time.

(1)

8. UTILIZATION OF SLUM T.D.R. : Difference in Total Permissible F.S.I. allowed for S.R.S. as per the said Regulations and F.S.I. actually utilized in the Slum Rehabilitation Scheme, due to constraints of different provisions of DCPR or otherwise, shall be converted into SLUM T.D.R. and shall be utilizable in any land use zone as per the provisions in the UDCPR or DCPR of the concerned Planning Authority, subject to following manner and restrictions prescribed herein below :

i. The Development Rights Certificate (D.R.C.) shall be recommended by the C.E.O., S.R.A. and the Concerned Authority shall issue concerned D.R.C. to the developer within a period of one month from the receipt of the proposal. The F.S.I. credit in square meters of built up area shall be stated in the D.R.C. in figures and in words, along with details of the place from where T.D.R. is generated; and where it may be utilized. ii. The built up area for grant of D.R.C. shall be equal to the built-up area of the sanctioned slum rehabilitation scheme, allowed to be taken in the form of Slum T.D.R. iii. Where a buildable amenity on the reserved plot for which slum rehabilitation scheme is sanctioned, is handed over, free of cost to the concerned Authority, the concerned Authority may grant a further T.D.R. on account of construction of the said amenity, in accordance with the provisions in the UDCPR in this regard. iv. It shall be permissible to utilize the Slum T.D.R. in any land use zone as per given formula below, subject to restrictions as mentioned in clause 5 & 6 herein above. Formula ; X = (Rg / Rr) x Y Where, X = permissible utilization of T.D.R. / D.R. in Sq.m. on receiving plot. Rg = rate for land in Rs. per Sq.m. as per A.S.R. of generating plots in generating year. Rr = rate for land in Rs. per Sq.m. as per A.S.R. of receiving plot in generating year. Y = T.D.R. debited from D.R.C. in Sq.m.

v. The D.R.C. may be used on one or more plots of land, whether vacant or already developed, by erection of additional floors, or in any other manner consistent with UDCPR or DCPR of concerned Planning Authority, as the case may be, but not so as to exceed the F.S.I. prescribed herein, subject to the condition that when T.D.R. is to be utilized by erection of additional floors, it shall only be allowed to the extent and after satisfying the structural stability, bearing capacity of existing structure.

9. The site of S.R.S. may be developed with layout of buildings. For the computation of F.S.I. and tenement density on a site, the net plot area shall be the balance plot area after deducting the area covered by amenity space and Development Plan reservations / roads if any, from the total area of the plot.

10. All the plots involved in any S.R.S. under which ex-situ rehabilitation of hutments dwellers is envisaged shall be notionally treated as one for the purpose of computation of F.S.I.

11. Boundaries and measurement of the areas of plots under the S.R.S. shall be certified by the Competent Authority after actual verification on site measurement of the areas of plots. Such certified boundaries and areas of plots shall be the basis for calculation of tenement density, F.S.I. and other aspects of planning.

12. Layout Open and Amenity Space :

(A) For sites with area admeasuring 4000 Sq.m. and above, 10% open spaces shall be

provided and be maintained as per the UDCPR or DCPR of concerned Planning Authority, as the case may be, and structures permissible in open spaces as per the UDCPR or DCPR of concerned Planning Authority, as the case may be, will be permissible in the open spaces of the Slum Rehabilitation Scheme.

(1)

(B) For plots with area exceeding 2 Hectare and above, 5% Amenity Space shall also be

provided and for development of such Amenity Space, the provisions in 14.6.21 of the said Regulations shall apply.

13. Roads in the layouts of the sites of S.R.S. shall be of widths prescribed in the UDCPR or DCPR of concerned Planning Authority, as the case may be, for their corresponding lengths. The area of such internal layout roads shall not be deducted in the computations of the net plot area for determining the permissible F.S.I. and tenement density.

14. The Minimum Tenement Density to be achieved in S.R.S. :

(A) Minimum tenement density of 450 T/Ha. shall be provided on the net plot area used for rehabilitation of hutment dwellers (including residential rehabilitation and non- residential rehabilitation units). If the number of rehabilitation tenements needed to be

provided to the hutment dwellers in any S.R.S. is such that the corresponding tenement density is less than the minimum specified tenement density, the required number of balance tenements shall be constructed so as to achieve the said minimum tenement density and shall be handed over free of cost to S.R.A. The C.E.O., S.R.A. may use such tenements for the purpose of transit tenements or for accommodating the Project Affected Persons (P.A.P.) or the pavement dwellers or as may be decided by the C.E.O., S.R.A.

(B) The minimum tenement density for rehabilitation shall be 450 T/Ha. and maximum tenement density for rehabilitation and free sale tenements / units shall be 1440 T/Ha. Due to local planning constraints and viability of the Slum Rehabilitation Project the density norms of 450 T/Ha. may be relaxed by C.E.O., S.R.A. subject to minimum tenement density of 360 T/Ha. In such cases, C.E.O., S.R.A. shall pass a reasoned order for the same.

15. All non-residential built-up area shall be included in the computation of tenement density, by counting an area of 25.00 Sq.m. (or such area as may be notified by the Government from time to time), per tenement.

16. For computation of the tenement density, the net plot area shall be considered after deducting development plan reservations and amenity space.

17. The permissible ground coverage shall be total plot area after deducting required marginal open space / setback areas from the plot boundaries.

18. The maximum permissible height of the rehabilitation buildings shall be up to 70 meter. Building height is restricted / retained up to 45 meter on road width below 9 meter. Building height more than 45 meter shall be permissible on roads having width between 9 meter to 12 meter, subject to minimum front margin as per the said regulations and subject to condition that, such road shall be widened to 12.0 meter under the provisions of Municipal Corporation Act, by prescribed line of street before granting occupation certificate to such building / s of slum Rehabilitation Scheme this shall be subject to Fire Prevention and life safety requirements and obtaining fire NOC from chief Fire Officer.

19. The Front and Side and Rear marginal distances of in-situ Rehabilitation or composite or free sale buildings shall be as per Regulation No.14.7.11 of UDCPR. The rear and side marginal distances may be relaxed by the C.E.O., S.R.A. on the merits of each case after obtaining fire N.O.C. from concerned Authority.

(A) Where the plot abuts a Nallah / non-buildable reservation or zone / open space; the marginal open space along it shall be 3.0 m. from the edge of the trained Nallah / non- buildable reservation or zone / open space.

(1)

(B) Minimum distance between two Rehabilitation or composite / free sale buildings shall be as follows :

i. For buildings with Height up to 40.0 m. :- Min. 6.00 m. ii. For buildings with Height above 40.0 m and up to 50.0 m. :- Min. 7.50 m. iii. For buildings with Height above 50.0 m. :- Min. 9.00 m.

(C) The open space around the building should be paved up to 1.0 m. width. Where the dimensions prescribed are for the pathway and the marginal distances, the larger of the two shall prevail. The pathway shall serve as access wherever necessary. The construction of buildings may be permitted abutting the pathways.

20. In the event of any proposed road widening, the computation of permissible F.S.I. shall be made on gross plot area without deducting the area under such proposed road widening and the height of a building shall be relaxed by the C.E.O., S.R.A. on the merits of each case for such road area going under road widening as per the Development Control Regulations of the concerned Municipal Corporation.

21. The construction of the building for the rehabilitation of slum dwellers and the tenements to be made available to the S.R.A. shall be as per the designs and specifications approved by the C.E.O., S.R.A.

22. After approval is granted to the Slum Rehabilitation Scheme (S.R.S.), the land earmarked for S.R.S. may be further subdivided, if necessary, to carve out separate plots for the Rehabilitation Component, Free-Sale Component and the Amenity Component. Both, the Plot area and the Built-up area of the said plots shall be mentioned separately in Sq.m. in the lease agreements as well as Record of Rights.