3.5.1 In the areas of Local Authorities, Special Planning Authorities and Metropolitan Region

Development Authorities, Amenity Space as mentioned below on gross area after deducting area under reservations / roads in Development Plan including proposals of road widening therein, shall have to be provided in any layout or sub division of land or proposal for development.

Area of Land Minimum Amenity Space to be provided.

(1)

a) less than 20000 Sq.m. Nil

b) 20000 Sq.m. or more 5% of the total area.

These amenity spaces shall be developed by the owner for the uses mentioned in the definition of amenity. However, the Authority may insist for handing over the amenity space to the Authority, if it is required for the following (2) six purposes only. If it is not required for the following (2) six purposes and required for other purposes, it may be taken over by the Authority with the consent of the owner.

i) Garden.

ii) Playground.

iii) Municipal School.

iv) Municipal Hospital.

v) Fire Brigade.

vi) Housing for Project affected Persons. In such circumstances, amenity space shall deem to be reservations / proposals in Development Plan and Floor Space Index (FSI) in lieu thereof may be made available in-situ on remaining land. The calculation of this in-situ FSI shall be shown on the layout / building plan. If the owner desires to have TDR against it, instead of in-situ FSI, then he may be awarded TDR. The in-situ FSI or TDR shall be granted only after transfer of the amenity space to the Authority. The generation of TDR or in-situ FSI shall be equivalent to the quantum mentioned in Regulation No.11.2 of Transferable Development Rights.

(1) Substituted Vide Notification No.CR.236/18 (Part-3), dt. 16st June 2021

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

(#) Clarifications issued vide Order No.CR.104/2022, dt.29th November, 2022 & CR.104/2022, dt.02nd June, 2023

Provided that:-

i) this regulation shall not be applicable where separate amenity space is mandated by the Government, while sanctioning modification proposal under section 37 or 20 of the Act. In such cases, development of the amenity shall be governed by the conditions mentioned in the said notification.

ii) amenity space shall be approachable by minimum 12.0 m. wide road except the cases where 12.0 m. approach road to the site is not available. If in case of B & C Class Municipal Councils, Nagarpanchayats and R.P. areas, such amenity space may be located on 9 m. road, however, in such case, special building on amenity plot shall not be allowed.

iii) this regulation shall not be applicable to Regulation No.4.8.1, (i.e.Regulation for allowing Residential / Commercial user in Industrial Zone), wherein separate provision of land for public amenities / utilities is made.

iv) this regulation shall not be applicable where entire development permission is for amenities specified in definition of amenity space in these Regulations and also for uses other than residential permissible in agricultural zone. This regulation shall also not be applicable, if construction on entire plot is for hotel building or IT establishment / building.

v) this regulation shall not be applicable to the Town Planning Scheme area under M. R. & T.

P. Act, 1966 or similar scheme permitted in agricultural zone.

vi) this regulation shall not be applicable for revision of earlier sanctioned development permissions granted under the regulations in force prior to these regulations and work is commenced, where no such amenity space has been provided in development permission sanctioned earlier.

viii) if some amenity space is provided in the earlier permission, then the quantum of such amenity space in the revised permission :-

a) shall be limited to the area provided in earlier permission.

b) shall not be reduced even though area of such amenity space is more than what is specified in this regulation.

ix) if owner agrees to construct the amenity and hands it over to the Authority with consent of the Authority, then he shall be entitled for amenity TDR / in-situ FSI as per Regulation No.11.2.

x) the development in amenity space shall be allowed upto building potential mentioned in Regulation No.6.1 or 6.3.

xi) any other use, not mentioned in these regulations, may be allowed to be developed by the Authority similar to the uses defined as amenity.