14.8.1 Urban Renewal Scheme (URS) for Municipal Corporation Area –

i) ―Urban Renewal Scheme‖ (URS) means any scheme for redevelopment of a cluster or clusters of buildings and structures in Municipal Corporation Area, over a minimum area of 10,000 sq.m., in non-congested area and 4000 sq.m. in congested area, bounded by existing distinguishing physical boundaries such as roads, Nallahs, railway lines etc. accessible by an existing or proposed D.P. road which is at least 18.0 m. wide and identified for urban renewal-

(2) However, in specific cases, in which URS is not bounded by roads, Nallahs and railway lines etc. and/or, areas of any vacant or encroached land situated in the periphery of 400 mt. belonging to Municipal Corporation / any Public Authority / Planning Authority / Special Planning Authority, which is not contiguous, is proposed to be included in the URS, then the boundaries of such cluster having non-contiguous area can be decided / finalised the by Municipal Commissioner, in consultation with High Power Committee (H.P.C.). (2) However, in specific cases, in which URS is not bounded by roads, Nallahs and railway lines, then the boundary of the cluster can be decided / finalised by Municipal Commissioner, in consultation with High Power Committee (H.P.C.) In case of demonstrable hardship such as natural sub division by roads, Nallahs, river, railway lines, the area of the cluster can be allowed up to an area of 8000 Sq.m. in non- congested area which shall be allowed by Municipal Commissioner in consultation with H.P.C. However no forest land shall be included in such URS.

(2)

Provided that, encroached forest land may be included in such URS for clearance of encroachment on such forest land with NOC of Forest Department. However after clearance of encroachment, such forest land shall be used as mentioned in regulation 14.8.7(i)(g) with NOC of Forest Department. (2)

(2) Inserted vide Notification u/s 37 (1AA)(c) & 20(4) No.CR 236/18 (Part-4), dt.28th December, 2022

ii) Such URs may be :-

a) Under the Development Plan (D.P.), where the D.P. contains such well-defined Clusters;

or

b) Under the Urban Renewal Plan (URP) for the concerned area, prepared and notified by the Commissioner, who may revise the same, as and when required; or

c) By the Promoter of the Urban Renewal Scheme over a cluster or clusters of buildings, where such clusters are not shown on the D.P. and the URP is yet to be prepared. If such plans are submitted and approved, these shall mean to be URP within the meaning of this Regulation.

iii) Building Age Criteria for URC shall be as under :-

The Urban Renewal Cluster (URC) may consist of a mix of structures of different characteristics such as -

a) Unauthorized buildings which are at least 30 years of age;

b) Authorized dilapidated buildings, as determined by (1) the Designated Officer appointed by Municipal Commissioner or as per theRegulation of Redevelopment of Dilapidated Buildings;

c) Authorized buildings which are at least 30 years of age;

d) Buildings belonging to the Central Government, the State Government, Semi- Government Organizations and Municipal Corporations, as well as Institutional Buildings, Office Buildings, tenanted Municipal Buildings, Staff Quarter Buildings of Municipal Corporation , that are at least 30 years of age with prior consent of the respective Authority;

e) Any land belonging to the State Government, any Semi-Government Organization, Municipal Corporation and MHADA (either vacant or built upon) which falls within the area of the proposed Urban Renewal Scheme including that which has been given on lease or granted on the tenure of Occupant Class II, provided that if built upon, these building shall be at least 30 years of age;

f) Any other buildings which may be less than 30 years of age but which by reasons of dis- repair or because of structural / sanitary defects, are unfit for human habitation or by reasons of their bad or sub-optimal configuration or the narrowness of streets are dangerous or injurious to the health or safety of the inhabitants of the area, as certified by the (1) by the Designated Officer appointed by Municipal Commissioner or as per theRegulation of Redevelopment of Dilapidated Buildings;

g) Slum areas declared as slums under section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 or slums on Public lands prior to 1st January, 1995 or such other reference date notified by the Government. However such slum area shall be maximum 25% of cluster area;

In case of Ulhasnagar Municipal Corporation, minimum area shall be 4000 Sq.m. for non-congested and congested area.

(2) Notwithstanding Anything Contained in these regulation, it shall not be permissible to develop declared slum under Regulation No.14.7 which is included in URP / URS prepared & notified as per Regulation No.14.8.1(ii). (2)

h) The lands belonging to MIDC can be included in the URS after obtaining necessary clearance from Industries Department.

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

(2) Inserted vide Notification u/s 37 (1AA)(c) & 20(4) No.CR 236/18 (Part-4), dt.28th December, 2022

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Explanation - 1. - Age of a building shall be as on the 1 of January of the year in which URC involving such building, complete in all respect is submitted to the Commissioner or prepared and notified by the Commissioner and shall be calculated from the date of occupation certificate or, where such occupation certificate is not available, from the date of assessment as per the property tax record in respect of such building, available with the Municipal Corporation.

Explanation - 2. - Whenever any authorized building, more than 30 years of age, is included in a URC, the same shall not be done without evaluation of its state of dis-repair by Municipal Corporation and if such building is found in a state of disrepair, only after giving the owner / occupier(s) thereof, a notice of three months to cause any repairs needed. At the end of three months, if such building is found to be habitable and safe, such building shall be treated at par with authorized buildings which are less than 30 years of age. If at the end of three month, such building is found and certified by (1) the Designated Officer appointed by Municipal Commissioner or as per theRegulation of Redevelopment of Dilapidated Buildings as dilapidated and unsafe for habitation, such building shall be included in the URC without the requirement of consents.

Explanation - 3. - If some authorized buildings which are less than 30 years of age or buildings which are developed or in the process of development, under the different provisions of the DCR, are required to be included in the URC for the purpose of wholesome planning, they may be so included, provided the area under such buildings does not exceed 40% of the total area of URC. If any such building is included in the URC without the requisite consent of 70% of all title holders of such building, the Commissioner shall retain such building while designing/ sanctioning URS and area of such building shall be excluded from calculation of FSI under this Regulation. However, the area under slum mentioned in Regulation No.14.8.1(iii)(G) and area under authorised structure mentioned above shall not be more than 50% in aggregate.

Explanation - 4. - When any private land owner / developer submits such scheme will be given priority while implementation.