14.6.3 Applicability

1. Provisions of the said Regulations shall be applicable to :

(A) The slums which have been declared and notified as ―SLUMS‖ by the Competent Authority under the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, as well as;

(B) Any area which, the Competent Authority may declare as ―Slum Rehabilitation Area‖ as per the provision contained in Section 3-C of the Slum Act 1971; and also

(1)

(C) The hutment dwellers in such Slums or Slum Rehabilitation Areas, who are Protected Occupiers as defined in Chapter I-B of the Slum Act and orders issued thereunder and the hutment dwellers who are Non-Protected Occupiers under clause (f) of sub-section

(5) of section 3-B of the Slum Act.

2. The provisions which are mentioned in the said Regulations shall prevail over the corresponding provisions of the Unified Development Control and Promotion Regulations (hereinafter referred to as ―UDCPR‖). In case of any conflict or ambiguity, in respect of any matters not specifically mentioned in the said Regulations, the relevant provisions of the UDCPR, as modified from time to time; shall be applicable.

3. The Slums On Non Buildable Area / Reservations :

(A) The provisions for implementing in-situ rehabilitation scheme, of the said Regulations shall not apply to slum areas existing on any lands earmarked as Hill Tops / Hill Slopes, Green Belts, River or Nallah beds including those falling in blue flood line, Canal banks, No Development Zone in the Development Plan, in Open Spaces of approved layouts and slums on lands required for vital public purpose or on hazardous locations. Such slums are to be evicted on priority.

(B) It shall be an obligatory duty of the ―C.E.O., S.R.A.‖ to rehabilitate slums mentioned in clause (A) above on other buildable sites under the provisions of the said Regulations. The C.E.O., S.R.A. shall prepare an Action Plan and identify all such slum areas and grant approval for relocation and rehabilitation of such slums for environmental and ecological reasons in a time bound manner, in accordance with the provisions of the said Regulations including open spaces in M.I.D.C. and P.M.R.D.A. (Restricted to earlier P.C.N.T.D.A. area) areas. The C.E.O., S.R.A. shall take a decision in this regard in consultation with the concerned Municipal Commissioner.

(C) On relocation and rehabilitation of hutment dwellers of such slums, unencumbered lands thus vacated shall be handed over to the Local Authority or the Authority concerned for the development of vital public purpose against compensation as may be permissible as per the corresponding regulations.

(D) The slums existing on reservations shall be allowed to be rehabilitated as per the provisions of the said Regulations. If any previous S.R.S. had been sanctioned on any reservation under the earlier provisions, such S.R.S. can be implemented further under the said Regulations, considering such land as deemed to be de-reserved as per previous sanction.

4. Anything done or any action taken in respect of S.R.S. prior to the commencement of the said Regulations shall be deemed to have been done or taken under the corresponding provisions of the said Regulations and provisions of the said Regulations shall be made applicable in relation thereto only to the extent, such application does not adversely affect the same. Nothing contained herein shall adversely affect the approval and implementation of Slum Rehabilitation projects approved under BSUP, JNNUR Mission by the Central Sanctioning and Monitoring Committee, Ministry of Housing and Urban Poverty Alleviation, Government of India, or any such government schemes approved from time to time.

5. Transition Policy:

The S.R.S. already sanctioned under the earlier provisions can be allowed to be developed under the said Regulations in case the full occupation certificate has not been issued and compliance in respect of payment against Operation and Maintenance Corpus and Infrastructure Development Charges (I.D.C.) has been done; provided that the C.E.O., S.R.A. shall have the powers to give approval to changes in building height and internal

(1) modifications with appropriate relaxation in set back and margins of the restructured building subject to N.O.C. from C.F.O. and fulfilment of other requirements and to impose any conditions as may be expedient for him to do so; provided however that nothing in the said Regulations shall adversely affect all slum rehabilitation schemes previously sanctioned.

6. Eligible hutment dwellers may, at the discretion of the C.E.O., S.R.A., be rehabilitated in-situ as far as possible within the area under consideration for the implementation of the Slum Rehabilitation Scheme. Such rehabilitation shall be governed by the provisions of the said Regulations.

7. Eligible hutment dwellers may also be rehabilitated by relocation to another plot in the concerned Municipal Area. Such rehabilitation shall be governed by the provisions of the said Regulations.

8. If any hutment dweller is a protected occupier of a slum structure, but his name is on the electoral roll on or prior to 1st January, 2000 at another slum / pavement site within the jurisdiction of Pune and / or Pimpri-Chinchwad Municipal Corporation, he shall be considered eligible but only at the place of his present residence. In case of doubt or dispute, C.E.O., S.R.A. shall get an inquiry made as may be considered necessary, and give a decision thereon, which shall be final and binding on all parties concerned.

9. Allotment of tenements either in-situ or otherwise, on ownership or on rent, to the other Non- Protected Occupiers up to the 1st January 2011, subject to the availability of tenements shall be done, as per the terms, conditions and guidelines so notified in the Official Gazette, by the Chief Executive Officer with the prior approval of the State Government;