2.2.13 Development Charges

Development charges as required under Section 124 A (1) to 124 L of the Maharashtra Regional and Town Planning Act, 1966 shall be deposited with the Authority before issue of development permission / commencement certificate. Such charges shall be calculated for area of each land parcel included in the development permission considering the rates in ASR and provisions mentioned in the said Act.

Provided that,

i) in case of revised permission, where no development is carried out in pursuance of the earlier permission and permission is lapsed, amount of difference of development charges, if any, shall be levied and recovered.

(#) Clarification issued vide Order No.CR.236/18, dt.23rd December, 2021

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

(2) Inserted vide Notification No.CR.236/18 (Part 6), dt.12th October, 2022

ii) in case of revised permission, where development is commenced in pursuance of earlier permission, development charges shall be levied on the land and built-up area, over and above the area covered in the earlier permission.

iii) no such charges shall be levied for renewal of permission.

iv) in case where minor amendment to the plotted layout approved prior to 10/8/1992 are proposed or where development charge for land development has already been collected in past, no development charge should be levied for such amendment of plotted layout

provided no construction was proposed in the said layout i.e. only plotted layout was approved.

v) construction of compound wall is meant for protection of property and as such no development charge shall be levied for construction of compound wall or for repairs of compound wall.

vi) no development charge shall be recovered in respect of maintenance work, internal repairs of buildings, or for strengthening the existing building provided such works do not involve consumption of additional floor space.

vii) for any reconstruction work, development charge shall be levied in full which involves demolition of existing building and reconstruction of new building.

viii) in case a cooperative housing society is authorised by Maharashtra Housing and Area Development Authority or Bombay Housing and Area Development Board to undertake reconstruction of old / dilapidated building (which work would otherwise, have been undertaken by MHADA), no development charge shall be recovered from that co-operative housing society, provided the FSI does not exceed the existing or permissible FSI whichever is lower. Provided further that, it accommodates existing tenants only. Further in reconstruction involving consumption of additional FSI and accommodation of additional members other than existing tenants, proportionate development charges shall be recovered.

ix) In case no development work is carried out in pursuance of permission and permission is lapsed or permission is cancelled on the request of the owner, the development charges paid, shall be adjusted in permission that may be granted in future.

(1)

x) Where development permission is grantedand development charges are already collected by any Authority in their jurisdiction and thereafter such area is included in the jurisdiction of other Authority in such cases, the provisions mentioned in Sr.No.(i) to (ix) above shall be applicable mutatis and mutandis, as the case may be.

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