14.8.5 Terms of Allotment of Rehabilitation Tenements –

i) Allotment of rehabilitation tenements for owners belonging to authorised buildings shall be free of cost and without any consideration for the original area and additional 25% area over and above the eligible area Shall be allowed for the occupants of the authorised buildings, free of Cost. If any non-residential unit holder demands residential unit against his non-residential previous holding, such request may be considered by Commissioner in consultation with HPC. However to consider such request shall not be obligatory on the part of the Commissioner. Allotment of rehabilitation tenements to occupants belonging to unauthorized / illegal buildings and slums shall be at a consideration in accordance with the following Table No.14-X :-

Table No.14-X

              Minimum Carpet Area of        Type of Rehab        Consideration (i.e. Amount payable
                 Rehab Tenement               Tenement              by the Allottee to Municipal

Corporation)

                         (1)                       (2)                           (3)

For Slum Area

            27.88 sq. m.                   Residential         Zero Payment if eligible under Slum
                                                               Rehabilitation Scheme      Or    else

Construction Cost as per ASR rates or as per any policy decided by the Government of Maharashtra under the Slum Act, 1971.

For Non-Slum Area

            30 Sq.m.                       Residential         Free of Cost
            > 30 Sq.m. but less than or    Residential         Upto 30 Sq.m. as above. Beyond 30
            equal to 50 Sq.m.                                  Sq.m. at Construction Cost as per ASR

rates.

    > 50 Sq.m.                       Residential         Upto 50 Sq.m. as above. Beyond 50

Sq.m. at Full Market Rate as per ASR.

Non-Residential / Commercial Area

    16.75 Sq.m.                      Non-Residential /   Free    if    eligible   under   Slum
                                     commercial Area     Rehabilitation Scheme. Or else,

Construction Cost as per ASR rates.

    > 16.75 Sq.m. but less than or        —do—           Upto 16.75 Sq.m. as above and beyond
    equal to 40 Sq.m.                                    16.75 Sq.m. at 100% of Construction

Cost as per ASR rates

    > 40 Sq.m.                             —d—           Upto 40 Sq.m. as above and Beyond 40

Sq.m. at 100% of market rate as per ASR.

Note for Thane Corporation Area - The erstwhile structures within the gaothans which subsequently merged with the Municipal Corporation in 1982 will be considered as protected and legal structures.

ii) If an eligible occupant finds it financially unaffordable to pay the amounts as mentioned herein, Commissioner may allot him a tenement of immediately lower area. If any eligible beneficiary finds it financially unaffordable to pay even the amount required for the minimum area, or fails to make payment as per the Schedule of payment given by the Commissioner, the Commissioner may allot him a tenement of minimum area on hire-cum- purchase basis, till such allottee pays the requisite amount in one or more instalments or through EMI payments. Rent in such cases would be decided by Municipal Commissioner and EMI shall be calculated for such number of years at such rate of interest as may be fixed by Municipal Commissioner.

iii) Any existing amenity in the URC on the date of coming into force of this regulation which is under control of a private person / organization and Charitable Trust / religious organization shall be entitled for an area equal to the existing area of such amenity, subject to the following :-

a) for an amenity being used for non-residential activities and under the control of private person(s) / organization(s), allotment of equivalent area under URS shall be at 50% of ASR Rate for commercial area up to 40 Sq. Meters and at 100% of ASR Rate for commercial area above 40 Sq.m.;

b) for an amenity being used for non-residential and in control of any Charitable Trust or religious organization for purpose of raising fund for public welfare activities, such allotment shall be free for area up to 40 Sq. meters and at 50% of ASR Rate for construction above 40 Sq. Meters.

c) for an amenity having users like (e.g. Educational / Health-care facility etc.) and under control of private person(s)/ organization(s) such allotment shall be at 25 % of ASR Rate for constructed area up to 40 Sq. Meters and at 50% of ASR Rate for constructed area above 40 Sq. Meters.

iv) Process of Allotment to Beneficiaries and Conditions thereof :-

a) Process of allotment of tenements to beneficiaries, lease conditions including those pertaining to transfer, formation of co-operative housing societies and policy of maintenance of common amenities of buildings and layout as well as policy regarding any other relevant matter shall be as determined by Corporation from time to time.

b) Allotment of land shall be on lease for the period of 30 years, which shall be renewable for further period of 30 years at a time. However, Allotment of rehabilitation tenements for owners and beneficiaries shall be on ownership basis. This provision of lease shall not apply for the authorised building constructed on private land.

c) Rehabilitation tenements allotted to beneficiaries shall not be transferable for first fifteen years, except with prior permission of Commissioner, who may grant such permission in case of hardship, on payment of premium as below :

i) For the transfer of Rehabilitation tenements allotted to Occupants belonging to the authorised buildings, no premium shall be charged;

ii) For carpet area less than 30.00 Sq.m. premium shall be 10% of the differential amount calculated as per clause (iv) below;

iii) For the transfer of Residential and non-residential Rehabilitation tenements other than those covered under (a) and (b) above, premium shall be 25% of differential amount calculated as per explanation below;

iv) Differential amount for the purpose of clause (ii) and (iii) shall be equal to difference in the Annual Statement of Rates (ASR) valuation in the year of transfer and the original consideration paid for the allotment of a Tenement brought forward to the year of transfer through capital inflation index.

Provided that, In case of unauthorized transfer of any Rehabilitation tenement, the Commissioner may regularize the transfer by charging double the premium as mentioned above, with 12% interest from the date of transfer.

Provided further that, If the transferee refuses to pay the premium demanded within 3 months of demand, the Commissioner shall initiate process of vacating the premises, though in cases of willingness but hardship, Commissioner may grant instalments with 12% interest rate.

(2)

v) After consideration for land falling under URC to the person(s) having legal rights in land as per regulation No.14.8.8(iv)(c) is offered and provision for rehabilitation all the eligible beneficiaries of the building(s) under URC is proposed in redeveloped building(s) in URC area as per Regulation No.14.8.4. In respect of those eligible beneficiaries of (3) (--) unauthorized / illegal buildings and slums entitled for rehabilitation tenement in URC, who do not join the scheme willingly, the following steps shall be taken :-

i) Provision for all of them shall be made in the rehabilitation component of the scheme.

ii) The details of the tenement that would be given to them by way of allotment on the same basis as for those who have joined the scheme will be communicated to them in writing by the Implementation Agency.

iii) The transit tenement that would be allotted to them would also be indicated along with those who have joined the scheme.

iv) (2) If they do not join the scheme within 15 days after the approval for Implementation Agency has been given to the scheme, then action under the relevant provision of the M.R. &T.P. Act, as amended from time to time, shall be taken and their structures will be removed and it shall be ensured that no obstruction is caused to the scheme of the majority of persons, who have joined the scheme willingly.

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

(3) Word “Authorised” is deleted vide Corrigendum No. CR 236/18 (Part-4) dt. 11th January, 2023.

v) After this action under the foregoing clause is initiated, they will not be eligible for transit tenement along with the others and they will not be eligible for the reconstructed tenement, but they will still be entitled only to what is available after others have chosen, which may be on the same or some other site.

vi) If they do not join till the building permission to the scheme is given, they will completely lose the right to any built-up tenement and their tenement shall be taken over by the Commissioner and to be disposed off as per MMC Act or as per guidelines issued by the Government from time to time and used for the purpose of accommodating Project Affected Persons and other beneficiaries etc.who cannot be accommodated in-situ. (2)