14.8.11 URS by Private Promoters / MHADA / Co-operative Housing Societies –

i) Whenever there is no URP made by Commissioner or wherever there is no URS floated by the Commissioner over one or more URCs falling under URP made by Commissioner, any Private Promoter, MHADA, Co-operative Housing Society, federation of occupants etc. may approach Commissioner with consent of owners / stakeholders of 51%of any area requiring Urban Renewal, for implementation of URS thereon and Commissioner may, after satisfying himself that conditions mentioned herein, which make an area fit for redevelopment under URS are met, decide to implement URS thereon and, subject to other

(1) Substituted / Inserted / Deleted 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.28thDecember, 2022

conditions and processes mentioned in this Regulation, appoint such applicant as implementation agency at the Base Premium.(1)The Authority shall decide base premium with the approval of High Power Committee (HPC).

ii) In case where there are some owners (pertaining to less than 30% area) who have not given their consent to the Private Promoter, MHADA, Co-operative Housing Societies etc. for URS, who are appointed as per Clause (i) above by Commissioner as Implementing Agency, the Commissioner shall offer remaining owners and right holders consideration for their rights as mentioned in the provisions for URS being designed and implemented by Commissioner, and if these considerations are rejected by these dissenting owners or right holders the Commissioner shall forward proposals for Land Acquisition to competent authority. In such cases, if final compensation is in terms of money, the same shall be recovered from the Implementation Agency and if final compensation is in terms of TDR, market value of such plots as per ASR rates shall be recovered from the Implementation Agency, in addition to the Base Premium.

iii) A Surcharge on Development undertaken by the promoter/Developer at the rate of 100% of Development charge shall be leviable, which may be paid in stages in proportionate with the progress of work. This surcharge shall not be applicable to the construction within basic FSI, the built up area to be handed over to Municipal Corporation or any Public Authority in lieu of any reservation and also to the amenity areas to be handed over to the Municipal Corporations per the requirement indicated by the Municipal Corporation or the High Power Committee.

Explanation - 1. - In case of inclusion of a Slum in URS, any person/ agency having consent of more than 51%eligible Slum dwellers shall be construed to be appropriate person/ agency to deal with the issues regarding the whole area of Slum for the purposes of this sub-section only. i.e. for the purposes of decision about Implementation Agency.