3.4.1 Recreational Open Space

In any layout or subdivision or any development of land for any land use / zone admeasuring 0.4 ha. or more (after deducting area under D.P. / R.P. road, D.P. Reservation including deemed reservation under these regulations, if any, from the total area under development), 10% of the area under layout shall be earmarked as recreational open space which shall, as far as possible, be

provided in one place. In case of land admeasuring more than 0.8 ha, such recreational open space may be allowed to be earmarked at different locations in the same layout, provided that the size and other dimensions conform to the provisions herein below. However, the owner shall be at liberty to provide recreational open space more than 10%.

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i) The above-mentioned area of 0.4 ha., shall be measured with reference to original holding as on 11thJanuary, 1967 and not with reference to sub-divided holding in revenue / city survey record thereafter without the permission under the Maharashtra Regional & Town Planning Act, 1966. However, this provision shall not be applicable to plots compulsorily got subdivided below 0.4 ha. due to the D.P./ R.P. Roads / Road widening / reservations / deemed reservations or any other proposal of the Authority. For the lands which are sub-divided after 11th January, 1967 without taking prior permission from the Authority and having plot area below 0.4 ha., the applicant may opt for any of the options from :-

a) providing 10% open space subject to a minimum of 200 sq.m., or

b) availing the reduced FSI of 75% of the basic FSI as otherwise permissible on such land. In such cases, loading of TDR shall be permissible to the extent of 50% mentioned in Chapter-6.

c) avail full basic FSI and other permissible FSI / TDR by paying 10% value of the land under proposal as per Annual Statement of Ratesfor that year, without considering guidelines therein.

(ii) For the plots having area upto 0.4 ha. regularised under the Maharashtra Gunthewari Development (Regularisation, Upgradation and Control) Act, 2001, no such open space shall be required for the development permission. (1) However, for plots having area 0.4 ha. or more regularised under this Act, all the provisions of UDCPR including Recreational Open Space, Amenity space, shall be applicable.

(iii) Not more than 50% of such recreational open space may be provided on the terrace of a podium in congested / non congested area subject to Regulation No.9.13. Notwithstanding anything contained in the definition of ―Recreational Open Space‖ in these regulations, such recreational open space to the extent of 100% may be allowed to be

provided on the terrace of a podium if owner / developer provides 1.5 m. strip of land along plot boundary, exclusive of marginal distances, for plantation of trees.

(iv) In case of lands declared surplus or retainable under Urban Land (C. & R.) Act, 1976, if the entire retainable holding or entire surplus holding independently admeasures 0.4 ha or more, then 10% recreational open space shall be necessary in respective holding.

(v) Such recreational open space shall also be necessary for group housing scheme or campus / cluster planning for any use / zone.

(vi) Such open space shall not be necessary :-

a) in cases of layout or subdivision of plots from a layout already sanctioned by the Authority irrespective of percentage of open space left therein.

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

(#) Clarification issued vide Order No.CR.104/2022, dt.29th November, 2022

b) for development of the reservations in the Development Plans designated for the purpose other than residential.

c) for the uses other than Residential, Industrial and Educational permissible in Agricultural zone.

(vii) In the case of development of land for educational purpose, in lieu of 10% recreational open space, following percentage of the gross area (or as decided by the Government from time to time), excluding the area under Development / Regional Plan road and Development Plan reservations, shall be earmarked for play ground. Notwithstanding anything contained in this regulation, the shape and location of such open space shall be such that it can be properly used as a playground. The area of such play ground shall not be deducted for computation of FSI. The independent play ground of the institution attached with the school building shall also be entitled for computation of FSI.

Provided that, in case of area more than 1.0 ha. such area to be earmarked for playground shall be as under :-

            Sr. No.                  Gross Area of Land                                 Percentage of Playground
                1           Upto 1 ha.                                           40%
                2           Above 1 ha. and upto 2 ha.                           area as per 1 + 35% of remaining area
                3           Above 2 ha. and upto 3 ha.                           area as per 2 + 30% of remaining area
                4           Above 3 ha. and upto 4 ha.                           area as per 3 + 25% of remaining area
                5           Above 4 ha.                                          area as per 4 + 20% of remaining area

Provided further that, in cases where space for such playground is not available because of development permissions already granted by the Authority for education purpose and work is completed, such space for playground may not be insisted.

viii) Such recreational open space shall not be entirely proposed in marginal distances / set back or major part of it shall not be proposed in marginal distances / set back. However, such recreational open space, bigger than marginal distances and confirming to the Regulation No.3.4.6, may include part of marginal distances / set back area, if such recreational open space is proposed adjoining to plot boundary.