14.6.16 Regulations relating to rehabilitation and free sale

COMPONENTS – The total permissible built up area for any S.R.S. of Pune and Pimpri-Chinchwad S.R.A. areas shall be the sum total of Rehabilitation component area and Free sale component area, calculated as per the ratios prescribed herein below :

1. If the rehabilitation component is 10.0 sq.m., then; an additional incentive built up area permitted to subsidise rehabilitation component which shall be calculated as per the following formula Rehab : Incentive built up area shall be 1 : R Where R = [ 2.8 - ( n x 0.3 ) ] Where n = ( Y / X ) - 2 Where Y = Rate of Residential Flat per Sq.m. and X = Rate of Construction per Sq.m. Both the rates are considered as mentioned in applicable A.S.R. (Annual Statement of Rates) for the scheme plot on the date of granting Commencement Certificate (C.C.) to the project. In difficult or dense areas wherein the existing density either in-situ or after clubbing or after relocation-rehabilitation, as the case may be, is more than 650 T/Ha. & up to 850 T/Ha., further, additional 20% incentive on free sale component shall be permissible and if such density is more than 850 T/Ha., additional 30% incentive on free sale component shall be permissible. Additional incentive for Cluster Redevelopment : The total permissible built up area for Cluster S.R.S. of Pune and Pimpri-Chinchwad S.R.A. areas shall be the sum total of Rehabilitation component area and Free sale component area, calculated as per the ratios

(1) prescribed hereinabove plus additional 10% F.S.I. of free sale component area as an incentive for undertaking cluster redevelopment of slums will be permissible. Cluster here shall mean the slum area of at least 1.0 hectare of contiguous land, (3) (---) (3) irrespective of number of land parcels and ownership etc. (3)

Note :

i) The Permissible incentive built up area may be utilized in site up to the maximum FSI limit permissible in the scheme plot.

ii) The minimum and maximum ratio of incentive built up area permissible as per the above formula shall be 1:1.50 and 3.0 respectively.

(3)

iii) Provided further that, the additional incentive built up area as above can be permissible over and above the maximum permissible limit of 3. (3)

2. If the S.R.S. in respect of a slum located on any land belonging to a public authority or a private owner, which is needed for a vital public purpose or which is on uninhabitable locations / ecologically fragile / environmentally sensitive locations or wherein in-situ rehabilitation is not feasible for any reason, is taken on an unencumbered plot, then in congested area T.D.R. equal to three times and in non-congested area T.D.R. equal to two times the gross area of the land spared (unencumbered plot) for this purpose shall be permissible to the land owner / lessee or if the landowner has assigned the rights to slum project implementing developer to receive T.D.R. compensation, to the concerned developer after handing over of the said plot to S.R.A. and if the rehabilitation component is constructed by the developer, in addition, (2) TDR in lieu of construction of rehabilitation component shall be calculated as per ratio prescribed in Regualtion 14.6.16(1) of the SRA Regulation-2022 to the developer of the said unencumbered plot.

Provided that, such TDR shall be applicable only in case of scheme involving identified beneficiaries. In such cases, if the tenement density provided is more than 650 T/Ha. & up to 850 T/Ha., additional 10% incentive T.D.R. shall be permissible and if such density is more than 850 T/Ha., additional 20% incentive T.D.R. shall be permissible.(2)

(2) (---)

3. Relocation henceforth shall be preferably on lands already earmarked in the D.P. for E.W.S. / MHADA, Housing for dishoused (H.D.H.) or High Density Housing (H.D.H.) or Slum Improvement Zones (S.I. zone).

4. The identified land for slum relocation under S.R.S. shall be conveyed in favor of S.R.A. upon approval of such S.R.S. The T.D.R. for the unencumbered land spared for this purpose as mentioned above (hereinafter referred as Land T.D.R.) shall thereafter be granted to the unencumbered plot.

5. Land T.D.R. shall be released in two stages - 75% after conveyance of land and 25% after physically rehabilitating the identified beneficiaries in the S.R.S.

6. The land after relocation of such slum shall be handed over free of cost as the case may be to the respective Municipal Corporation / Public Authority for vital public purpose.

7. However, the S.R.S. sanctioned prior to coming into force of the said Regulations may continue to be implemented as per the prevailing Regulations applicable at the time of approval of that S.R.S.

(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

(2) Replaced / Insered / Deleted vide Directives alongwith Notice u/s.37(1AA) bearing No.C.R.116/2024/UD-13, Dt.11th October, 2024

(1)

8. Area / Tenements to be given to S.R.A. free of cost : On considering the maximum F.S.I. on net plot area and on distributing the same in proportion for rehabilitation and sale component, the 10.0 Sq.m. component is to be mainly used for construction of rehabilitation component, required to accommodate only the existing slum dwellers from the same site and the balance area from this 10.0 Sq.m. component shall be handed over to the S.R.A. free of cost, in the form of tenements. If exactly 10.0 Sq.m. components are required for rehabilitation of existing slum dwellers from the same site, the S.R.A. will not be entitled to any area. If requirement of area for rehabilitation of existing slum dwellers from the same site exceeds the aforesaid 10.0 Sq.m. component, the owner / developer / Co-operative Housing Society shall be entitled to T.D.R. as per provisions in the said Regulations and in such case, the S.R.A. will not be entitled to any area, provided that this provision shall not be applicable for the schemes undertaken as per the Regulation for Clubbing of schemes or Composite S.R.S.

9. At least 40% of the built-up area (Basic FSI) in a Composite Building under the S.R.S. shall be towards the Rehabilitation Component.

10. The C.E.O., S.R.A. shall use the tenements received by him free of cost as per the provisions hereinabove for the purpose of transit or for project affected persons or slum dwellers from other slum locations. The procedure laid down herein shall be adopted for allotment of such tenements.

(A) On receipt of application from the developer concerned, an account of all available tenements shall be drawn and communicated to the developer. After obtaining his consent, an order for the allotment shall be issued.

(B) Where the tenements are given on rent by S.R.A. to the developer for Transit accommodation or otherwise, the developer concerned shall pay yearly rent in advance to S.R.A. and for that purpose an agreement for Leave and License shall be executed between the concerned developer and the concerned officer of S.R.A. for the period of minimum 11 months. However, if the developer applies for any extension, the similar procedure shall be followed.

(C) It shall be the duty of the developer to take care of the licensed premises including day- to-day maintenance of the tenements allotted on rent and common areas. Common maintenance charges may be shared by the developer with the cooperative society, if any.

(D) Charges for common use of electricity and water tax shall be borne by the developer. The charges for electricity and water for individual tenements shall be borne by slum dweller. However If slum dweller fails to pay such charges the developer shall pay to the concerned authority.

(E) The developer shall be responsible for replacement or repairs of any damage occurred during the period of license.

(F) The charges for documentation and registration fee shall be borne by the developer.

(G) The possession of the rented transit tenements to the developer shall only be given after registration of leave and license agreement.

11. The terms and conditions for resettlement of such existing tenements shall be as governed by the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

(1) PAYMENTS TO BE MADE TO SRA AND INSTALMENTS :

14.6.17 1. No premium including fire premiums shall be charged for any relaxation / exemptions to be granted for construction of rehabilitation component under S.R.S. No hardship premium shall be charged for any relaxation to be granted for construction of composite buildings in the Scheme, provided that such composite building has a minimum 40% of the total built-up area under rehabilitation component. Premium shall not be charged for all or any of the relaxations given herein for rehabilitation component as well as free sale component.

Provided that, concession in premium may be granted to the extent of proportion of rehabilitation component in the composite building. Further the developer shall be allowed to pay installments as provided in UDCPR Regulation 2.2.14.

2. Premium shall be charged for any relaxation other than the provisions of the said Regulations to be granted for construction of Free-sale component, at the rate prevailing then within the areas of respective Municipal Corporations for their areas.

3. Land Development charges shall not be charged for lands under declared slum rehabilitation areas. Building Development charges shall not be to payable for rehabilitation component. However, infrastructural improvement charges shall be paid to S.R.A. and the concerned Planning Authority as per provision in clause (7) below, at the prevailing rates within the areas of respective Municipal Corporations for their areas for the built-up area, over and above the permissible F.S.I. of the zone. These charges shall also apply to the transit camp.

4. The Developer shall deposit with C.E.O., S.R.A., an amount of Rs.40000/- or 3% (for 15.0 m. height rehabilitation building) or 4% (for 24.0 m. height rehabilitation building) or 5% (for 45.0 m. height rehabilitation building) or 7% (for 45.0 m. and above height rehabilitation building) of the cost of construction as per the prevailing A.S.R. whichever is more, for each Rehabilitation Tenement as well as for the Welfare Center/s and Balwadi/s in the Rehabilitation Component of the S.R.S. This amount shall be kept in FD for a period of 10 years. The interest received on this amount, after deducting the reasonable expenses required by C.E.O., S.R.A. for performing the tasks as provided by, shall be handed over to the Co- operative Society for maintenance. The principal amount will be transferred to the account of Cooperative society on completion of the period of 10 years from the date of formation of society.

5. The developer shall be responsible for complete maintenance of the vacant tenements, till their allotments to eligible slum dwellers / S.R.A.

6. The developer shall not create any third party interest by any means except for free sale component or D.R.C. of the scheme. Any such act of the developer shall be liable for administrative action against him including criminal action under relevant law or Cr. PC for the misuse of public property.

7. The concerned developer shall have to pay Infrastructure Development Charges (I.D.C.) at the rate equal to prevailing rates within the areas of respective Municipal Corporations for their areas. Such I.D.C. shall be calculated on the difference of built-up area proposed for construction of rehabilitation component, free-sale component, transit camps, welfare hall, balwadi etc., if any, and built-up area as otherwise normally permissible on the land pertaining to the scheme under the provisions of prevailing D.C.P.R. for the concerned Authority. Sharing of such I.D.C. between S.R.A. and the concerned Authority shall be in proportion of 10 : 90 of the total leviable I.D.C. and the same shall be paid to the concerned Authority in accordance with the payment schedule as may laid down by the C.E.O., S.R.A.,

(1) provided the installments shall not exceed beyond the completion of construction of the scheme. This amount shall be used for schemes to be prepared for the improvement of infrastructure in slums or slum rehabilitation areas.