14.8.8 Preparation and Approval of URS –

i) Subject to the provisions of Development Plan and the URP prepared and notified by the Commissioner, the Commissioner may prepare detailed plan, for one or more URCs contained therein, showing proposals for development/ reconstruction of cluster of buildings and/or structures, which in the opinion of the Commissioner should be developed or redeveloped under a URS. Such plan shall include -

(a) Plan for overall development/Redevelopment of specific areas for urban renewal.

(b) Strategies and plan for dealing satisfactorily with areas of bad layout, obsolete development and slum areas and relocation and rehabilitation of population.

(c) Open spaces, gardens, playgrounds and recreation areas.

(d) Area or areas required for making the implementation of such plan for Urban Renewal viable.

ii) After preparation of detailed plans of URC(s), the Commissioner shall place the same for approval of a High Power Committee (HPC) constituted under this Regulation as follows- Municipal Commissioner - Chairman Collector - Member Joint Director Town Planning of the Division - Member DCP (Traffic) - Member Chief Officer, MHADA - Member Joint Director / Deputy Director / Assistant Director - Member Secretary Town Planning of the Corporation After approval of detailed plans of URC(s) as aforesaid, the Commissioner shall proceed to select an Implementation Agency for executing URS in the manner described herein. Proposal to finalise Implementation Agency shall be put to HPC which will forward the same with the recommendations to the State Government for final approval.

iii) Entitlement for consideration under URS- Anyone having any legal rights over any parcel of land falling under URS shall, after establishment of his rights, be offered consideration for such land as per the following provisions which, if declined by any rights holder(s), shall give liberty to the Commissioner to initiate process of acquisition of such rights under appropriate law. Implementation of URS shall be regarded as a public purpose.

iv) Consideration for Land falling under URS -

a) Person(s) having legal rights in any land required for URS under this Regulation shall be offered (1) consideration for the entitled area (1) of land as provided hereinafter.

b) Basis for determination of entitled area towards consideration under URS Scheme shall be as follows :-

i) Person(s) in legal possession and ownership of unencumbered land :- Entitled area collectively against this parcel of land shall be equivalent to the area of the land.

ii) Person(s) in legal possession and ownership of encumbered land where authorized buildings have consumed FSI less than the permissible FSI :- If liability of rehabilitation of the occupants of the building(s) / Structure(s) on the land in question is being taken on URS, entitled area collectively against such parcel of land shall be 25% of the area of encumbered land plus difference of FSI available on such parcel land and the encumbrance; if the occupants of the building(s) are being independently rehabilitated / compensated by the person(s) / rights holders in legal possession and ownership of the land, and not being rehabilitated in URS, entitled area collectively against such parcel of land towards consideration shall be equal to FSI available on the vacated land area.

Provided where the area of rehab is less than the component of free sale, the component for free sale could be enhance upto 30% by the Municipal Commissioner in consultation with HPC.

iii) Person(s) in possession and ownership of authorized encumbered land where buildings have consumed FSI more than permissible FSI :- If liability of rehabilitation of the occupants of the building(s) / Structure(s) in question is on the land being taken on URS, entitled area collectively against such parcel of land shall be 25% of land area, if the occupants of the building(s) / Structure(s) are being independently rehabilitated / compensated by the person(s) / rights holder(s); in possession and ownership of the land, and not being rehabilitated in URS, entitled area collectively against such parcel of land towards consideration shall be equal to FSI (1) (--) available on the vacated land area.

iv) Person(s) having right over unauthorisedly encumbered land :- Entitled area collectively against this parcel of land shall be calculated at 50% of entitled area calculated as per clause (ii) and (iii) above, except when occupant(s) of building(s) are being rehabilitated / compensated by such Person(s) and are not being rehabilitated in URS, entitled area towards consideration shall be equal to FSI (1) (--) available on the vacated land area.

c) Consideration for Acquisition of land under URP -

i) Consideration for any land required to be procured for URP shall be either in terms of payment due for entitled area collectively against that parcel of land, as calculated in Regulation No.14.8.8(iv)(b) above as per ASR, along with 100% solatium, as applicable for the year of possession, along with 12% annual (1) simple interest from date of possession to date of payment, or in terms of TDR equivalent to the entitled area (1) as per TDR Regulation No.11.2 or in terms of equivalent area constructed in URS (3) or in terms of developed free sale vacant plot of area equal to 50% of entitled area calculated as per clause (i), (ii), (iii) and (iv) of Regulation No.14.8.8 (iv)(b) above, with base FSI of 1.1 in the same URC fronting on same road width as original plot, subject to availability of land. Concerned person(s) shall have option to choose from amongst these (3) four modes of consideration. The option once chosen shall be registered and shall be irrevocable.

(1) Inserted / Substituted / The word „TDR‟ deleted vide Corrigendum / Addendum No. CR 121/21, dt. 02nd December, 2021

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

ii) Once consideration as above, has been accepted by a person having any interest in the land on which any unauthorised construction exists or existed, the Commissioner may consider such person eligible for Compounding of any offence under relevant provisions of M.R. & T.P. Act with respect to the concerned land / plot.

iii) Wherever any person having demonstrable legal rights over any area falling under URP rejects the consideration being offered, the Commissioner shall forward the proposal for Land Acquisition under ―Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013‖ (2) read with section 126(1)(c) of Maharashtra Regional and Town Planning Act, 1966. In such an eventuality, the Commissioner may move the competent authority for advance possession of the land(s) so as to ensure smooth implementation of URS and shall pay requisite advance, rent etc. under the ―Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013‖, as determined by the Competent Authority. If, however there is any dispute only about apportionment of consideration among person(s) having demonstrable legal rights over any land falling under URS, the Commissioner shall ask the disputing parties to approach Competent Civil Court to get their disputes resolved and to settle apportionment of consideration as offered under this Regulation.Till the final decision in this regard is received, in order to ensure that URS does not get delayed and adversely affect other parties to the URS; the Commissioner shall cause an area, equivalent to the entitled area corresponding to such land, to be constructed as part of URS and in case the claimant(s) of ownership finally declared eligible by the Competent Court decide upon an option other than constructed area and exercise such other option, as mentioned in Regulation No.14.8.8(iv)(b), the Commissioner shall pay consideration as per such option exercised and such reserved constructed area in URS shall vest with the Corporation.

iv) In any proposed URC, any open plot is included and if the concerned owner is not willing to participate in URC, the compensation payable shall be as per Land Acquisition, Rehabilitation and Resettlement Act, (2) 2013 read with section 126(1)(c) of Maharashtra Regional and Town Planning Act, 1966.

v) In case of buildings or lands belonging to the Central Govt., the State Government, Semi-Government Organizations and Municipal Corporation or MHADA or any Local Government or any Corporation or Company owned by the Central / State Government or any Local Government (hereinafter collectively referred to as Public Authority), prior consent of such Public Authority shall have to be obtained for their inclusion in the URS. For such lands or buildings, the Commissioner may either offer Market Price, to be decided by mutual consent, subject to ratification by the Municipal Corporation,or may offer constructed area, in-situ or ex-situ,in a composite or independent building or may, alternatively, offer equivalent TDR as per TDR regulations (2)No.11.2 or may offer an exchange of suitable land as per mutual consent, subject to ratification by the Municipal Corporation and thereafter such land(s) / building(s) shall vest with the Municipal Corporation and shall form the part of URS.