7.4.2 Where redevelopment of buildings in existing housing schemes of MHADA is undertaken by the

housing co-operative societies or the occupiers of such buildings or by the lessees of MHADA, the Rehabilitation Area Entitlement, Incentive FSI and sharing of balance FSI shall be as follows :-

i) Rehabilitation Area Entitlement :- Under redevelopment of building in existing Housing scheme of MHADA, the entitlement of rehabilitation area for an existing residential tenements shall be equal to sum total of -

a) a basic entitlement equivalent to the carpet area of the existing tenement plus 35% thereof, subject to a minimum carpet area of 35 sq.m.

b) an additional entitlement governed by the size of the plot under redevelopment, in accordance with the Table 7-B below :-

Table 7-B Additional Entitlement (As % of the Carpet Area of Area of the Plot under Redevelopment the Existing Tenement) Upto 4000 sq.m. Nil Above 4000 sq.m. to 2.0 hect. 15% Above 2.0 hect. to 5.0 hect. 25% Above 5 hect to 10 hect. 35% Above 10 hect. 45%

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

Provided that the entitlement of rehabilitation area as admissible under this regulation shall be exclusive of the area of balcony.

ii) Incentive FSI - Incentive FSI admissible against the FSI required for rehabilitation, as calculated in (A) above, shall be based on the ratio (hereinafter referred to as Basic Ratio) of Land Rate (LR) in Rs. / sq.m. of the plot under redevelopment as per the Annual Statements of Rates (ASR) and Rate of Construction (RC)* in Rs. / sq.m. applicable to the area as per the ASR and shall be as given in the Table 7-C below :-

Table No.7-C Basic Ratio (LR / RC) Incentive (As % of Admissible Rehabilitation Area) Above 6.00 40% Above 4.00 and up to 6.00 50% Above 2.00 and up to 4.00 60% Up to 2.00 70%

Explanation :-

* RC is the rate of construction in respect of R.C.C. Construction, as published by the Chief Controlling Revenue Authority & Inspector General of Registration, Maharashtra State in the Annual Statements of Rates.

Provided that the above incentive shall be subject to the availability of the FSI on the Plot under redevelopment and its distribution by MHADA.

Provided further that in case there are more than one land rate applicable to different parts of the plot under redevelopment, a weighted average of all applicable rates shall be taken for calculating the Average Land Rate and the Basic Ratio.

Provided further that the Land Rate (LR) and the Rate of Construction (RC) for calculation of the Basic Ratio shall be taken for the year in which the redevelopment project is approved by the authority competent to approve it.

iii) Sharing of the Balance FSI :- The FSI remaining in balance after providing for the rehabilitation and the incentive components, calculated as per (i) and (ii) above respectively, shall be shared between the Co-operative Housing Society and MHADA in the form of built- up area, as given in Table No.7-D below and the share of MHADA shall be handed over to MHADA free of cost. Table No.7-D Basic Ratio (LR/CR) Sharing of balance FSI Share of Co-operative Society Share of MHADA

     Above 6.00                                    30%                           70%
     Above 4.00 and up to 6.00                     35%                           65%
     Above 2.00 and up to 4.00                     40%                           60%
     Up to 2.00                                    45%                           55%

Provided that in case of plots up to 4000 sq.m., MHADA without insisting MHADA‘s Share in the form of BUA, may allow additional BUA over and above existing BUA up to (1) 3.00 FSI by charging premium at the percentage rate of ASR defined in Table No.7-E below :-

Table No.7-E

                        LR/RC Ratio                         EWS / LIG                    MIG   HIG
                              0 to 2                              20%                    45%   60%
                              2 to 4                              23%                    49%   64%
                              4 to 6                              25%                    53%   68%
                            Above 6                               28%                    56%   71%